THERE’S NO BUSINESS LIKE LOCAL GOV. BUSINESS

Failure to declare gifts, blaming, then abusing communities for other failures and failing to declare conflicts of interest, these are but a few Local Government ‘Minor Breaches’ that would see employers and employees in other industries severely censured, demoted and dismissed.

We can thank the Clown Prince of Probity, Brad Jolly, the Director General of Disaster, Jennifer Matthews, and the Minister for Mayhem, Tony Simpson. for this debacle.

Now the State Government claims that a myriad of vexatious accusations against local government councillors are clogging up Brad Jolly’s Local Government Standards Panel, saying that only 40 per cent of the latest 507 complaints are consequential enough to affect integrity and good governance. Unfortunately- this means there are 202 valid complaints that do.

A large proportion of these complaints were directed against 12 councils and 74 councillors. So any problems in York are just the tip of the iceberg.

In the past 12 months, it may well be the only vexatious accusations made against the Shire of York Council were from its own councillors, Tony Boyle, Pat Hooper and Mark Duperouzel, resulting in Tony Simpson sending their fellow councillors to purgatory for 6 months. (I suggest that the instigator and author of the opus ‘The Minority Report’ should start breaking out in a cold sweat and enjoy the thought of being known throughout their community as a pariah.)

There appears to have been no known bullying of Shire of York councillors, other than by brother councillors and the only bullying of its administration staff has been by other staff.

But the ‘hilltop hoods’ at Parliament House are determined to minimise the damage to the DLGC’s battered reputation and limit ratepayers ability to complain about injustice, lack of integrity, non-compliance with good governance, lack of transparency and corruption,

But now there is a problem!

A parliamentary committee has told the DLGC to ‘lift its game’ because, in the 2013-14 Financial Year, 58 of 132, Local Government Financial Audit Reports were not worth the paper they were, belatedly, submitted on. The Auditor Generals Department has finally been granted a remit to check local government auditing procedures, finding the results to be poor, delayed and unaccountable. 
http://www.abc.net.au/news/2015-12-01/poorly-performing-wa-local-governments-not-be-held-to-account/6988336

The DLGC is fully aware of the poorly performing councils and members of the committee are astounded that no action has been taken against them (and the DLGC.)

At this very moment Minister Simpson is scurrying around searching for believable excuses, a couple of scapegoats- or both.

On another matter, last year the City of Fremantle hired James Best for a set of ‘Visioning 2029, séances at a cost of around $80,000. A 12-month study by the Committee for Perth think-tank has now declared Fremantle to ‘ be on a downward slide’ and must ‘reclaim its identity’. How much this downhill slide, or any uphill battle can be attributed to James Best’s ideation and visioning is unknown.

But what Tony Simpson did to York makes a good (average) Xmas jingle:-

YORK’S BEST EVER KRIS KRINGLE

(An ode to a bad odour)

Good Old James Best pranced out of the west
ready to dig into York’s treasure chest

Minister Simpson gave him the key
a real big mistake, for you and for me.

But James soon discovered York has a few pests
a semi-urban terrorist, rabid ‘rats-nest’

They say ‘Ideation’, what the hell does that mean?

and ‘Visioning’ actually needs to be seen

A radical rabble, is not part of James’ plan
for poor old James Best is his own greatest fan

Don’t worry folks, I’ll present you my dream
but for the privilege, York’s coffers I’ll cream

There’ll be nothing much left by the time that I’m done
pissing-off York is going to be fun.

The Shire of York deputy- is not liked I hear
So I’ll treat the locals to an extra five years

I’m no longer just me, I’m a really big wee
I’m the whole bloody council, you are all going to see.

Forty thousand dollars for my visioning plan
only that rats-nest will think its a sham

The visioning séance, I’ll project onto paper
those rats think my visions are nothing but vapour.

I’ll pay an absolute fortune for some hallowed hall
it has a roof and some windows, and crumbling walls

I won’t give a rats when it starts to fall down
for one simple reason. I won’t be around.

There is no doubt about it, I love confrontation

it led to some wall art about masturbation.

So York people don’t like me, I’m not the cream of the crop
at the next council meeting I’ll call in the cops

I’ll then tour the Wheatbelt with my gladbag of tricks
me and their money, is my favourite mix.

Some seek James here, some seek James there
in the precinct of York, the sightings are rare

He is now back in the city, counting his money
we think it stinks, he thinks its funny,

Tony Simpson MP still mentions with pride
of the short time it took taking York for a ride.

In just a few months, James cost York a $mill

now maybe its time to send both the bill

David Taylor

York ratepayer.
 

YORK BREAKS A STATE RECORD (STILL)

           (The public service union previously referred to in this article claims that ‘as far as we are aware there are no employees of the Shire of York who are current members of our Union’.

The inference of its response is that this union does not actively seek ‘white collar’ membership from those employed in Local Government Council administration.

Its membership among public sector employees is within the Commonwealth and WA State Governments.

It suggests that the union most likely to cover senior staff of Local Government Council Administration is the Australian Services Union (ASU) not the CPSU.)

Under the State Records Act 2000, a ‘Government Organization’, (that the Shire of York Council Administration certainly is), must ensure that the government records kept by the organization properly and adequately record the performance of the organizations’ functions.

Also they are consistent with any written law to which the organization is subject when performing its functions.

Government organization record keeping plans must be complied with by the government organization (in this case the Shire of York Council Administration) and every government employee of the organization (meaning the staff employed by the Shire of York Council Administration).

These requirements are directed squarely at local government employees, not elected Council Members, and records would include local government staff employment applications and should include individual employee performance assessment records.

Shire of York Council Administration ‘Works & Services Section’ staff records show that a Christian Tarou was employed under that name in 2010/2011. The following year’s record shows a Christian Chadwick as being this employee.

Given that the former Acting Chief Executive Officer of the Shire of York Council Administration, Graeme Simpson, has clearly stated, in writing, ‘that the Shire was well aware of Mr. Chadwick’s past when his appointment was made’ leaves no explanation other than that which is unexplainable.

Unions do have an important role to play in employee/employer relations to prevent exploitation and ensure its members are treated fairly and equitably.

Conversely, a public sector union has the responsibility for ensuring that appropriate professional, moral and ethical standards are assured from its membership, in the performance of required public sector services, through meeting all reasonable community expectations.

After all the York community has a direct involvement in providing municipal funds to pay the Shire of York Council Administration employees their salaries and entitlements. Given there is around sixty staff in its employ, the overall annual wages, salaries, entitlements and logistics bill could be in excess of $3.6 million.

As we are all well aware, Mr. Christian Chadwick has, on a number of occasions, engaged in workplace bullying, harassment and racial vilification against fellow workers. His wages and entitlement cost to the York community has been compounded by large compensation claim payouts caused by his actions.

The payment of these compensation claims means there were obvious, serious violations of workplace bullying and harassment laws, administered by the Fair Work Ombudsman, and racial vilification laws- administered by the Australian Human Rights Commissioner.

Chadwick’s actions should have been referred to, and adjudicated on, by the appropriate authorities, the ‘Ombudsman’ and the ‘Commissioner. This would have most likely resulted in his instant dismissal. It is patently obvious that no appropriate external judicial process of investigation, and assessment of the required penalty, took place

Instead, it appears there is a prima face case suggesting that senior members of the Shire of York Council Administration staff, employed to ensure that all relevant occupational health and safety laws, statutes and standards required in their workplace were met, abrogated their duty of care obligations to many staff by refusing to terminate Mr. Chadwick’s employment.

This is arguably a negligent dereliction of duty to both their employer, the Shire of York Council, and to their work colleagues, thereby perpetuating an unsafe, intimidating, non-cohesive workplace environment. A particular workplace that has also been robbed three-times- because it gives a largely unfettered access to liquor, money and firearms to York’s criminal element.

The new Shire of York Council has the right to censure these employees, or terminate their contracts to best suit the circumstances, in the knowledge that this behaviour has brought the Shire of York Council into disrepute- and will continue to do so.

Whichever union these employees are members of should be extremely circumspect regarding any action it takes, in acting on their behalf.

David Taylor

            York ratepayer.        

OPEN LETTER TO THE SHIRE OF YORK COUNCIL

LACK OF LOCAL GOVERNMENT COMPLIANCE WITH COMMON STANDARDS SET FOR EMPLOYMENT APPLICATIONS.

Unfortunately, despite being a new council, now acting in the best interests of the York community as a whole, for a while you will have to deal with problems associated with decisions made by previous administrations. Also, with the ineffectual nature of the overseeing governance provided by the Department of Local Government and Communities that is not your fault.

The problem is two-fold and excludes the apparent enforced secrecy and/or lack of transparency regarding the academic qualifications that should actually be required by senior Public Service Officers to obtain important positions within local government administration. (For instance, Human Resources Officer qualifications should be no less than Cert. 1V. but a HR Diploma should be demanded.)

One problem is which government department is responsible for ensuring compliance with the common standards of disclosure required from an applicant to be employed with a Local Government Shire Council?

The other is what Western Australian Government Legislation encapsulates this mandatory requirement so as to protect the use of public monies and ensure community interests are met by appropriate scrutinization of the past employment records and character of prospective employees?

Is such compliance contained within the Local Government Act, 1995, or the Public Sector Management
Act, 1994?

It does not matter because, within the Local Government sector, compliance, per se, appears not to be compulsory.

In 2007, Katrina Nicole Watts was hired by the York Tourist Bureau Inc. to administer municipal funding provided by the Shire of York, to the bureau, to promote tourism on behalf of the York community. Ms. Watts was a known convicted thief. Therefore no degree of separation of responsibility can be claimed by the then Shire of York Administration, Council and President for failing to ensure that its financial interest was fully protected.

As the major provider of funding, the Shire of York should have made itself aware of Ms. Watts past

employment record that included stealing as a servant from another government agency.

As a more recent example, on October 9, 2009, a New Zealand national, Christian Tarou Chadwick, was sentenced to three years jail for a drug-and-alcohol fueled, violent road-rage incident that defies description.

Mr. Chadwick threatened to kill other road users, rammed two police cars, attempted to either kill, or maim, a 53-year-old woman by throwing her into Albany Highway, assaulted Police Officers and had to be tasered  three times to effect his arrest 

Shortly after his release Mr. Chadwick was employed by the Shire of York’s Engineering and Works Department.

It is alleged that at his employment interview Mr. Chadwick: -

1) Chose to use, or was allowed to use, the name, Christian Tarou, rather than Christian Chadwick

    in a probable attempt to withhold his serious criminal record from the York community,

2) Mr. Tarou was apparently recommended for the position by a Senior Administration Officer of the

    Shire of York, who was a personal acquaintance of Mr. Tarou,

3) This officer may have used  their senior position to interfere in the employment process by advising the     then Shire of York, Engineering and Works Manager, that he should ignore other applications and employ       Mr. Tarou,

4) The employment position required the applicant to hold a current Western Australian Driver’s Licence. Mr.      Tarou’s licence had been suspended,

5) There is a distinct possibility that the names of Mr. Tarou’s previous employers were not properly   recorded by the Shire of York, as required on its official Employment Application Form, as Mr. Tarou had         just been released from jail and was not using his correct surname, 

6) It is also possible that Mr. Tarou was dismissed from his previous employment due to the severity of
   the charges laid against him and this may have not been properly recorded. Any dismissal from past
    employment must be recorded on the Shire of York’s Employment Application Form,

7) Post the date of his employment; Shire of York records were altered to register the employment
     of a Mr. Christian Chadwick, not Mr. Christian Tarou,

8) The Shire of York’s own Employment Application Form clearly states that ‘misrepresentation of the 
     facts is sufficient cause for dismissal. Therefore there is sufficient cause for Mr. Christian Tarou 
    Chadwick to have been dismissed,
 

9) It is possible that a Senior Administration Officer of the Shire of York colluded with Mr. Chadwick in

     misrepresenting or withholding facts from his Employment Application Form, thereby engaging in 
     the falsification of an important local government document, being in breach of the Western 
     Australian State Records Act, 2000. Such an action would provide just cause for the dismissal of that officer.

Since 2011, several, known, employment related incidents have occurred involving Mr. Chadwick.

1. Mr. Chadwick was officially sanctioned by the Shire of York for engaging in the racial vilification of a  
    work colleague, during working hours, who then resigned over the incident. This in itself is grounds                  for dismissal, but the option was not pursued by the Shire, even though substantial compensation was
    paid, by the Shire, to the victim,

2. In a similar workplace incident, Mr. Chadwick was suspended for three weeks for bullying a co-
    worker.  This is another activity that could give rise to the termination of employment,

3. There is video evidence of Mr. Chadwick throwing a significant volume of newspaper from a public 
    footpath on to a private residential property in contravention of his employment obligations to the 
    Shire of York, and of the Western Australian Litter Act, 1979,
  
In the community interest there have been allegations of anti-social and possible criminal behavior regarding Mr. Chadwick’s propensity towards violent domestic actions against his partner over recent times.

It would appear that Mr. Christian Tarou Chadwick has been summoned to appear in the Northam Magistrates Court in November, 2015. This may well be on matters concerning aggressive anti-social behaviour.

Therefore, in the past, the Shire of York Administration may have been derelict in its professional duty-of-care to the York community through its actions in employing Christian Tarou Chadwick.

Basically, as the new council you are now aware of the alleged failure of the Shire of York Administration to undertake proper employment application procedures in the case of the hiring of a convicted, violent criminal (and previously an adjudged recidivist thief.) 

Also that the Shire of York may bear some legal and moral responsibility for any violent actions by Mr. Chadwick within his workplace or within the York community, should this occur in the future.

Yours sincerely

David Taylor -Shire of York Ratepayer.

THE ABOVE email dated December 4, 2014, from the then Acting Chief Executive Officer, Graeme Simpson, confirms that the Shire (definitively meaning the Shire of York Administration and its senior officers) was well aware of Mr. Christian Chadwick’s violent past, including his three-year jail sentence, when his appointment was made.

Unfortunately for these senior officers concerned they may now need to explain to the State Records Office of Western Australia, and the York community, why a Mr. Christian Chadwick was employed by the Shire of York Administration as a Mr. Christian Tarou.

Then, why it does not constitute a deliberate falsification of records of employment, being Local Government State records, which can be an offence under the State Records Act 2000, the Corruption & Crime Commission Act, 2003 and the Criminal Code Act, 1913. The gravamen of such offences as the ‘perversion of the truth’ on such a document is for what reason(s) it was contemplated and then undertaken. These reasons will probably be very hard to explain.

Mr. Christian Chadwick was known to the shearing community in and around York and his direct superior, the then Engineering and Works Manager, was not the arbiter of the Shire of York  Administration’s selection process for Christian Tarou.
 
In December 2014, the Australian Government imposed a new policy under which non-citizens can be deported if they have served more than one-year in jail, no matter how long they have lived in Australia.

Mr. Chadwick is a New Zealand national who has served a three-year jail term in an Australian prison. He also has a record of anti-social, legally unacceptable behaviour within the Shire of York’s Engineering and Works Department that has been purposely withheld from public scrutiny.

It is mooted by Australian immigration authorities that up to 1,000 New Zealand nationals will be deported to their home country in the foreseeable future- should that be justified by the offences they have committed in Australia.

Mr. Chadwick faces the Northam Magistrates Court this month. Depending on the severity of the offence and any criminal conviction recorded, he could be a prime candidate for deportation if he is not already.

As of October 25, 2015, the New Zealand Government agreed to accept and place under a supervision regime, any of its nationals who have spent more than one year in jail for an offence that would be considered to require a custodial sentence under New Zealand laws. Mr. Chadwick also fits that description.

Should Mr. Chadwick be threatened with deportation, the Department of Immigration and Border Security may well question the Shire of York Administration regarding his actions, including racial abuse, harassment and threatening behaviour towards fellow employees. This could give rise to the Fairwork Ombudsman and Safework Australia becoming involved.

David Taylor
York Ratepayer.

Man jailed for attack on radar operator

JOE STOLLEY

October 9, 2009, 1:07 pm

A man who threw a 53-year-old multanova operator into the street and rammed two police cars in a chase was jailed for three years in the Perth District Court today.New Zealand national Christian Tarou Chadwick pleaded guilty to 14 offences all stemming from a one-hour rampage that started after he attempted to take his life on April 27 this year when his partner told him that she wanted him to leave the house.The offences included threat to kill, two counts of assault, five counts of assaults preventing arrest, obstructing a police officer as well as drug and driving offences."Your conduct was spectacularly dangerous. It could have caused serious injury," Judge Robert Mazza said.He said Chadwick's desire to end his own life did not justify his endangering the lives of others.The court heard that after Chadwick's partner and mother of his four children asked him to leave, he consumed hard liquor and cannabis before attempting to gas himself.After that he attempted to take his life by cutting his wrists.He jumped into his car and drove at speeds of 130kmh along Albany Highway before attempting to force another motorist off the road.When the motorist pulled over, the court heard that Chadwick threatened to kill him if he called the police.In Bedfordale he accosted a multanova operator believing she had taken a photo of his vehicle.He grabbed her by the arm and threw her into Albany Highway."If there had been another car she would have been run over. It could have been disastrous," Judge Mazza said.Police were alerted and gave chase.It was during the chase that he rammed the two police cars.When the officers stopped him he was tasered three times before being arrested.Chadwick's sentence was backdated to April 27 and he will be eligible for parole after serving 18 months.He was disqualified for holding a licence for six months and had his extraordinary licence revoked. He was fined $2800.

Shire of York Annual Report 2010 - 2011 showing the name Christian Tarou

Shire of York Annual Report 2011 - 2012 showing the name Christian Chadwick

Chief Executive Officer Shire of York - WALGA advert

Chief Executive Officer

Shire of York

York, a true historic town with a population of 3,439 residents, is the first inland town in Western Australia. Situated approximately 97 kilometres by road east of Perth in the Avon Valley, its unique blend of farming and heritage creates a natural getaway and tourist venue.

The Shire is seeking an energetic, outcome focused professional to implement its strategic direction and ensure optimal performance and customer service in the delivery of its vision. This includes timely implementation of Council decisions.

The successful candidate will be an experienced, proven strategic thinker with excellent communication skills. Also an ability to manage and work efficiently with diverse stakeholder groups to achieve a common purpose. The role requires highly developed leadership skills and business acumen  to navigate complex issues.

The position is offered under a performance based contract of three to five years. An attractive remuneration package is offered and is to be set in accordance with the Salaries and Allowances Tribunal Band 3, negotiable up to $252,917 per annum. Salary and benefits are subject to negotiation and could include, but are not limited to; base salary, superannuation, private use of a motor vehicle.

An Application Package along with the Position Description can be obtained via email employment@walga.asn.au quoting CEO Shire of York in the subject line. Further information about the position is available by contacting Lydia Highfield on (08) 9213 2079(08) 9213 2079.

Applications should be sent to: applications@walga.asn.au or mailed to Lydia Highfield, Recruitment Services Manager, WALGA Recruitment , PO Box 1544, WEST PERTH WA 6872 marked “Private & Confidential – CEO Shire of York” by COB Tuesday 15 December 2015.

Please Note:  Canvassing of Councillors will disqualify. The successful applicant is required to obtain relevant police checks, and to provide evidence of all claimed qualifications prior to commencing employment.

Notice of Confidential Special Council Meeting - 5 November 2015

Posted on: Wednesday, 4 November 2015 at 4:54:59 PM

Please note that this is a confidential meeting to deal with matters related to staff.

A Confidential Special Council meeting will be held on Thursday 5 November 2015 commencing at 5:00 pm in Council Chambers, York Town Hall, York.

PURPOSE OF THE MEETING:

Recruitment of the Chief Executive Officer and appropriate interim arrangements and take any required actions.

GRAEME SIMPSON

Acting Chief Executive Officer

BETWEEN A TRUCK AND A TREE (is like being between a rock and a hard place)

A coronial enquiry has been told that 20-years of inexplicable inaction by the Shire of Esperance regarding a well-documented ‘blackspot’ intersection, within its boundaries, was a significant cause of a road fatality in 2012.

Last week there was a rather inane excuse provided by the Chief Executive Officer of the Shire that, although acknowledged by experts as potentially dangerous, it was the first recorded accident at the intersection since Main Roads began collecting records in 1984.

This is cold comfort for all those involved and the 60 or so people normally adversely affected by a road death. These include the attendant police, St John Ambulance Officers, the survivors, each member of the family of the victim- and their friends.

The still badly traumatized driver of the vehicle in which the passenger was killed, has been acquitted of all charges and the focus is now on why the Shire allowed the intersection to remain a potential death-trap for so long.

As most rural people would know, for a Local Shire Council Administration to admit legal, ethical or moral culpability for anything, just does not happen. There is intense bureaucratic and legal repression, funded by you, me and everybody else contributing to the public purse, to prevent  justice being seen to be done 

So It will be interesting to hear who the coroner declares as bearing the ultimate responsibility for a tragic, preventable death and what, if any, penalty is prescribed.

Now how does the Shire of York Administration handle these deadly serious local road matters and
related questions?

As usual the Shire administrators have gone forward with the past, with Resolution 140714 claimed to be passed in August 2015, but actually passed one whole year earlier. Even the number could have been a dead giveaway being 14-07-14, not 15, giving plenty of time to reflect on any possible consequences. 

A concerned citizen and engineering expert has actually thought about theses consequences and recently asked for this resolution be rescinded until a full and complete risk assessment has been produced for local roads being upgraded to take increased traffic loads and truck sizes.

The Acting Chief Executive Officer of the Shire of York, Graeme Simpson, has given a type of Esperance response.

“The question has been asked many times. The Shire will not be expending money on risk assessment for all roads. It will be undertaken as determined by the Manager of Works.
 I trust that this answers your queries”.

Actually, Mr. Simpson, it does not. 

This question should be redirected to Council, because Mr. Simpson is just a public servant and is not the arbiter of when, where, how and why anything happens in York. That is the responsibility of the
newly elected council members who Mr. Simpson is currently employed by.

An Acting CEO like Mr. Simpson should be there to ensure what Council wants done, is done, balance the books, do a bit of good governance, ensure the Minutes are accurate, keep the Shire Records intact- and not a lot else!

It should be a timely reminder to Mr. Simpson and others, that it is well documented that Wheatbelt roads often only conform to third-world standards. A quick telephone call to the RAC will confirm this.

Because of the tyranny of time, distance and lack of critical accident, emergency care services, the chances of death and/or permanent injury from motor vehicle accidents is far greater on rural roads than in the Metropolitan Area.

The use of the word expending money is Mr. Simpson’s public servant euphemism for wasting money when, in his opinion, it could be better used elsewhere. 

That you should rely on the Manager for Works, when most of the York community does not know this persons’ qualifications in road condition assessment, may also not be a good option.

Local road maintenance is one of the few responsibilities undertaken by local governments that could actually save lives.

So Mr. Simpson there is no trust, and no reasonable answers to someone’s queries. So maybe you should try again, with a little more respect.

David Taylor

York Ratepayer.