MR. CARBONE MONOXIDE (The man who would trash York)

The perceived truth about the progressive development of Allawuna Farm.

From 2004 to 2009, Dominic Carbone, was the Chief Executive Officer of the City of Canning. (The City of Canning then refused to renew Mr. Carbone’s contract citing allegations that he failed to tell Council the truth about properly securing (under ‘Capital Guaranteed’) a $60 million deposit of municipal funds.)

During his tenure as City of Canning’s CEO, Mr. Carbone apparently strongly advocated the disposing of the City of Canning’s household, commercial and industrial waste in the Avon Valley near Northam. This would have been at the Avon Valley Industrial Park, Grass Valley.

The then Member for Avon, Max Trenordan, with me as his part-time Parliamentary Research and Media Officer, launched a powerful campaign against the dumping of any Perth waste in his electorate.

This is unlike the ensuant Ms. Mia Davies MLA, who, like Max Trenorden, represents the Nationals WA, is also the Minister for Water, the state’s scarcest natural resource and part of the Allawuna problem, and is the Local Member for York.

The serious climatic, topographic, geological stability and hydrogeological issues identified at the Avon Valley Industrial Park were all similar to Allawuna Farm. So was the non-availability of closely situated, local disaster resources to prevent or, at least limit, the potential impact of any serious environmental pollution.

Lest we forget, including those with non-altruistic motives and convenient amnesia, Allawuna Farm is located well within the South-West Seismic Zone which is the most active in Australia.

The 1968 Meckering earthquake had the force of 10 atomic bombs of the destructive magnitude of those dropped on Hiroshima. Its epicentre was 7 kilometres underground; it raised the surface in some areas by 2.4 metres and caused subsidence in others of up to 1.5 metres. Nothing above or below the surface could be made secure from this level of seismic activity, including stored industrial waste. 

The then Labor Minister for the Environment and Climate Change, David Templeman, agreed and the plan was shelved. (Mr Templeman should not forget he was born in the Avon Valley, at Northam, 35 kilometres from York and 35 kilometres from Meckering.)

In 2009-2010, the ex CEO of the City of Canning, Mr. Dominic Carbone, now as head of Dominic Carbone & Associates, accountants, undertook an audit of the books of account and verification of the York Tourist Bureau Inc. at the request of the Shire of York CEO, Mr. Ray Hooper.

The audit, eventually, discovered massive discrepancies, including theft, resulting, finally, in the jailing of Katrina Nicole Watts in 2013, after a very slow investigatory, then judicial process that included allegations of local government and/ or political interference and attempts to find scapegoats by Ray Hooper. (Both Ms. Watts and her foster-father, Michael Watts had a strong affiliation with the Liberal Party, some Government Ministers and were known to the Premier, Colin Barnett.)

At this time it could be reasonably assumed that Mr. Carbone and Mr. Ray Hooper discussed the possibility of locating a major waste disposal site, near York, to take a toxic cocktail of metropolitan detritus. (The initial idea would have been Mr. Carbone’s as Ray Hooper does not have an entrepreneurial and/or commercial business acumen-related bone in his body.)

A fair and reasonable assessment of Ray Hooper’s entrepreneurial skills is that he is neither
a mover nor a shaker but a crafty strategist, making the most for himself from other peoples’ ideas.

As Mr. Carbone and Mr. Hooper discussed how they could set themselves up nicely in an expanded Local Government Area, the only waste, probably, not mentioned was nuclear.

However, asbestos residue was, and through its related disease, mesothelioma, it is predicted to have killed 35,000 by 2060, 8,000 more than the number of Australian servicemen and women killed in WW2.

Directly relating to waste management solutions, on January 4, 2011, the Shire of York Council Administration’s Duty Statement for the Deputy CEO, Ms, Tyhscha Cochrane included the provision that she must ‘oversee the preparation of Council’s Annual Budget, Annual Financial Statements and Plan for the Future in liaison with the City of Canning.

At this time the City of Canning was suffering from widespread dysfunction, including alleged serious governance irregularities. Improperly suspended by the Council’s Mayor, Joe Delle Donna, the, now Acting CEO of York, Mark Dacombe, resigned from his position as CEO of the City of Canning, on January 30, 2012.

The only feasible explanation for such a synergistic relationship between two diverse councils, and a hardly ideal partner, was under the ‘Plan for the Future’.

The City of Canning would have already investigated and probably planned with a waste disposal commercial enterprise, such as SITA, the logistics, commercial viability and profitability of using a locality within 100 kilometres of the CBD and serviced by a regional highway. This is York and its close environs.

For 8 months (in 2011) of  the ‘Plan for the Future’ partnership, between the Shire of York Administration and the City of Canning, the latter was being investigated by the Department of Local Government and the, then, Minister John Castrilli.

On November 21, 2012, the City of Canning Council was suspended and replaced by a Commissioner.

From January 2011, the Deputy CEO of the Shire of York, Ms. Tyhscha Chochrane, had an
employment contract obligation to pursue a financial relationship with the City of Canning,
focusing on ‘planning for the future’.

During this period, Mr. Mark Dacombe was the CEO of the City of Canning.

It is inconceivable that Mr. Dacombe was not aware of this relationship, that York’s official representative was Ms. Cochrane and what, if any ‘Plan for the Future’ was discussed and put in place.

If Ms. Cochrane did not engage with the City of Canning to pursue plans for the future she would be in breach of her contract of employment. If she did then Mr. Dacombe would certainly be aware of what they were. Therefore there should be no reason why Mr. Dacombe cannot advise the ratepayers of York what these plans were. (The excuse of commercial confidentiality is wearing very thin.)

The South East Avon Regional Transition Group (SEARTG) was established in September 2010. The office of Chief Executive Officer was held by Dominic Carbone and the Office of the CEO Services and the Division of Service Delivery Plans, by Dominic Carbone & Associates and DL Consultants. (Service delivery plans would include the removal and disposal of SEARTG household, commercial and industrial waste.)

Dominic Carbone and his company were charged by the Local Government Advisory Board (LGAB) with delivering positive regional development and the improved, effective delivery of local government services by SEARTG. (You can bet Mr. Carbone’s Avon Valley waste plan was in the mix and that is when Ray Hooper made sure York was picked, so as to ingratiate himself with the DLGC and the LGAB and hopefully become either the Deputy or CEO of the amalgamated SEARTG councils.)

Until its final meeting of July 8, 2014, after the Minister, Tony Simpson, refused to continue its funding, SEARTG still appeared to be the main driving force behind the SITA waste disposal plan, despite York community objections’ with Dominic Carbone still its senior executive. (It was SITA’s promise of a massive reduction in cost for the disposal of SEARTG’s own waste, next to Perth’s that was the lynchpin for the deal, but not quite.)

The full scenario is that in, 2011, the perfect SEARTG storm developed for Planning for the Future and Allawuna Farm. Ray Hooper and his golden opportunistic, personally ambitious coven were in power with Tyhscha Cochrane liaising with Mark Dacombe’s City of Canning administration. The former Deputy CEO of York, Graham Stanley, was now the CEO of Tammin.

(Mr. Stanley was the Shire of York’s financial observer on the Board of the York Tourist Bureau Inc. to ensure money was not ill spent or stolen. He obviously failed miserably.)

But best of all, Dominic Carbone, was now Acting CEO of the Shire of Cunderdin. Also the CEO of SEARTG with his own private business running SEARTG. This style of commercial conflict of interest could only occur in a dystopian, local government, foul-smelling business utopia. (Mr. Carbone is also a registered trainer with WALGA.)

In 2011, three of the five SEARTG shires had no degree of separation with Dominic Carbone, Ray Hooper and Graham Stanley at the helm, with a united voice. When Beverley decided to leave the group in 2012, only Quairading remained outside the triumvirate.

Ray Hooper resigned his position of CEO of the Shire of York on April 15, 2014, three months
before SEARTG’s involuntary closure. After his resignation, Ray Hooper, should have had nothing to do with SEARTG as he was no longer a representative of any associated council.

The new Acting CEO, Michael Keeble, would have had little knowledge of SEARTG so it would have been Tony Boyle, Pat Hooper and Mark Duperouzel carrying the SITA flag on behalf of York.

Throughout the negotiations with SITA, Ray Hooper, and his council cohorts, probably suffered extensively from the ‘trotters in the trough’ syndrome. None had the ability to come up with the original idea, or the negotiating skills to see the project to fruition.

They were just happy to receive the accolades from certain members of the state government and any attached additional pecuniary interest available- while they tried to hide what was happening from the York community. (The pecuniary interest would have included much increased council member allowances for being in SEARTG and related committees and, maybe, some vehicle maintenance and towing services gratuities from SITA.) (A gratuity, in this case, is the big tip for a vote for a tip)

There were to be 4 council representatives from York, with Pat Hooper and Tony Boyle hanging out for the major prizes, to be either President or Deputy President.

Another matter is that the Nationals WA (formerly the Country Party) is supposed to represent the aspirations and socio-economic requirements of rural communities, including the preservation of precious farmlands.

Between 2008 and 2013, the Hon. Brendon Grylls was the Minister for Regional Development, the Minister for Lands, and the Member for the Central Wheatbelt electorate, representing York. As the local member Mr. Grylls should have tasked himself with the protection of pristine farmland from non-agricultural, destructive usage.

It is impossible to suggest that an initial, negotiated purchase price of $6 million, for Allawuna Farm by a major waste disposal company, SITA, would have slipped under Mr. Grylls’ radar and not caused him to understand some serious issues had arisen.

A written comment from Ms. Mia Davies, Mr Grylls’ very close friend, confidante, colleague, and considered some sort of femme fatale in the Liberal Party backroom, infers he had no active participation in any government actions regarding SITA, and nor should he.

Personally, I found this response from the Hon. Mia Davies, the Minister for Water and the Member for York, possibly inaccurate at that time, and extremely disturbing regarding her future commitment to positive participation in preventing the Allawuna Farm project from becoming a reality. (She was either lying for her best friend, and/or, Mr. Grylls, was not acting in the best interests of his constituents.)

So the perfect storm now had the potential for a perfect disaster, assisted by mind-boggling
co-incidences and no degree of separation. It is quite incestuous with Dominic Carbone coming from the City of Canning, to Cunderdin and SEARTG, Graham Stanley from York to Tammin, and SEARTG, Ray Hooper from York to SEARTG and Tyhscha Cochrane liaising with the City of Canning when its CEO was Mark Dacombe, who is now the Acting CEO of York.

While all this was going on Mr. Dacombe was organizing visits by City of Canning Councillors
to Cunderdin for meetings with Acting CEO Carbone and Shire of Cunderdin Councillors. Maybe some questions need to now be asked regarding Mr. Dacombe’s past relationship with SITA, if any, and his current position, as York’s Acting CEO, relating to using Allawuna Farm to bury Perth’s trash.

You can add Local Member, Mia Davies, to this list, appearing to treat the second largest town in her electorate as a combination of Sodom and Gomorrah and not wanting its problems to be her problems.

So the catalyst for potential Allawuna Farm tragedy was Dominic Carbone and SEARTG, with those like Ray Hooper and his acolytes, slavish players in ‘a game of thrones’ for money and prestige.

Regarding other comments being made on this subject that, there may well be a conspiracy between politicians and other prominent individuals to assist SITA’s ambitions, the Shire of York Council (and its administration) has hardly endeared itself to numerous people in power since the year 2000.

With regard to the inactivity by the media in support of preventing Allawuna Farm proceeding, as someone who knows, I raise two issues.

Firstly there is the tyranny of population demographics, with much of the state’s population residing in Perth’s Greater Metropolitan Area. Rural Western Australia provides absolutely no financial incentive to the proprietors of The West Australian and The Sunday Times to have it included in the regular news coverage. In fact even the distribution of the print edition of both newspapers to Rural, Regional and Remote WA is a huge financial impost to them.

West Australian Newspapers (7 West Media) lets one of its Community Newspaper Group publications, The Hills/ Avon Valley Gazette, cover the Avon Valley, unless there is an absolute necessity for it to do so. (One example is a natural disaster.)

News Limited, publisher of The Sunday Times, is in partnership with 7 West Media in all
Community Group Publications. It is a duopolistic monopoly throughout most of the state.

Northam is arguably lucky. It has newspaper with a cover price, run by accredited journalists, who are employed by Fairfax Media, the publishers of The Age, Melbourne and The Sydney Morning Herald. (The cover price is an assurance that a newspapers content is read by the purchaser, not just used to start the lounge room fire or cover the bottom of the budgies’ cage.)

The Avon Valley Advocate (and its Editor John Proud) was a powerful weapon in the fight to prevent Perth waste being dumped near Northam, printing media releases by me, on behalf of Max Trenorden, and publishing its own articles, editorials and comment pieces. It enraged the local population to the point where the Labor Government stopped the project.

York and Districts Community Matters has a single proprietor/ publisher/editor and no accredited journalist. It relies totally on the financial support of local businesses, the communities it services and the support of the Shire Councils in its distribution area.)

There is a legal line in the sand between what is considered to be good investigative journalism and editorial comment and what can lead to admonishment by the Australian Press Council, followed by expensive court appearances should the plaintiff chose to do so. (That is why cadet reporters do Degrees in Journalism and newspapers have their own legal team.)

Mark Lloyd is fully aware of this as Ray Hooper complained about several cartoons and comments published by Mr. Lloyd to the Australian Press Council and demanded a public apology and retraction. Mr. Lloyd approached me for assistance and we told Mr. Hooper to get stuffed, because he had not done his homework, and as usual relied on carping rant and
innocuous threats with no real substance.

However, Mr. Lloyd is caught between a rock, a hard place and his bank balance with how he, personally, approaches and presents controversial local news in his own publication  (This means to all intents and purposes Mr. Lloyd does not author and publish articles on controversial local issues, other than in the ‘Letters to the Editor’ page where he feels he is indemnified against any actions taken by aggrieved third-parties.)

I provided a ‘waiver and disclaimer’ indemnification clause to Mr. John Oliver, a former publisher of a York newspaper that Mr. Lloyd may still be using to protect himself when he publishes articles and letters, submitted for publication, by those not employed by his newspaper.

York and Districts Community Matters does not have the capacity and resources to launch a powerful and persuasive, local community, public awareness campaign regarding the dangers of toxic waste as The Avon Valley Advocate was able to do.

Secondly, York’s heroic resistance against SITA means nothing to 75 per cent of WA’s population until it hits their hip-pocket nerve. Unfortunately, in this instance, this massive population base would prefer its waste to be York’s waste, whether it is dumped on precious ‘food-bowl’ land or not.

At the end, the heroism that may well be required is 200 angry York residents, standing on the steps of Parliament House, demanding that no Perth waste be dumped near York and calling for the resignation of Albert Jacobs, the current Minister for the Environment & Heritage.

Mr. Jacobs’ personal position is extremely tenuous because of his monumental failure to read the EPA Report on the controversial Roe 8 project, costing the government millions of dollars, massive time delays and making all the government participants look stupid, including the Premier.

Mr. Jacobs could be asked why Western Australia is the only place in the universe where pristine farm land would be used as a toxic rubbish tip. Also York land has been used for farming for close to 185 years and is an integral part of the history of survival of the Swan River Colony. (All the press will be there. It is when physical action takes place against the establishment that it takes an interest.)

You can hold rallies outside the Hon. Mia Davies electorate office in Northam, demanding she resign or threatening a strong campaign against her at the next election. (This will also guarantee press coverage.)

You can judiciously use social media to advise and enlist the support of international environmental groups and organizations regarding the ludicrous use of pristine farmland on a continent that is the most arid, and the second driest, on the planet. You can also mention that most of WA’s asbestos products were made of blue asbestos (crocidolite), by far the most dangerous ever mined.

All this should guarantee the support of the Labor Opposition and the Greens WA with the Government Coalition pretty close to being on the ropes 14 months out from a State Election.  You should also find yourself a very competent and committed lawyer.

Those York residents who have been fighting the good fight against Allawuna Farm may well have many of these actions planned as a worst case scenario. My list of suggestions is just the tip of the (angry community) iceberg on how to maximise community awareness.

Finally, there was no defect in the Shire of York Council’s apology. It was directly related to the Minority Report only, suggesting a lack of unity in this case only, in defaming York Council only. There was absolutely no inference that Shire Council Members should be restrained from having a differing opinion and expressing that opinion where-ever and when-ever they like, in public, in the media and to the Government. It is when this opinion, is withheld from fellow councillors, then deliberately distributed in a gutless, underhand manner in an attempt to ruin council to the detriment and damage of the York community that there is a (add your own fxxxing expletive) problem.

If I where the Shire of York Council, I would forget trying to do the right thing by communicating a sincere regret to the public, and let everyone wallow in the luxurious lack of transparency and no appropriate communication of the past.

(This document will be distributed to Labor and the Greens.)

Happy New Year
David Taylor.

TIME’S UP FOR TONY (Jenny and Brad too)

Who are you bloody looking at...

.........it’s your blood not mine. 

Another political commentator, the Sunday Times’ State Political Editor, Joe Spagnolo, thinks that the Minister for Local Government & Communities, Tony Simpson, will get a New Year’s ‘shafting’ from Premier Colin Barnett and end up, in disgrace, on the backbench.

Spagnolo thinks that Simpson’s demise is unfair, because it was Barnett’s idea to amalgamate local government councils which has, so far, failed miserably. Spagnolo’s is a simple explanation that is way too simplistic.

Neither, the WA Local Government Association (WALGA) or the DLGC really want to see Local Government Councils amalgamated, even though WA has twice as many than most other Australian states.  They have probably done some major ‘shafting’ of their own to ensure it does not happen.

WALGA loves the fact that it has 139 Local Government Councils to play monopoly with and pretend it is an important cog in the local government administration wheel, except where legal and ethical compliance is concerned. At least one of its past Presidents’ has had accusations of misconduct lodged against him in public, but then cleared of any wrongdoing by the DLGC’s, Brad Jolly.

The DLGC does not want to see a reduction of the numbers it represents that would effectively erode its power base and importance within the state government agency structure. Meaning they would be sent to the back of the restaurant car on the WA Government gravy train. (Unfortunately for the DLGC, that train is about to leave the rails anyway.)

In 2014 the DLGC Director General, Jennifer Matthews was charged with progressing the State Government’s structural reform agenda and formalizing a new ‘Integrated Planning & Reporting Framework for Local Government’. She should now be charged with counts of abject failure through dereliction of duty, and theft of ‘state government monies’ –being her exorbitant salary.

Brad Jolly, the DLGC’s Executive Director of Governance and Legislation (and probity) sits as the Presiding Member of the Local Government Standards Panel while sitting on both hands.

It is insane to suggest Brad Jolly is anything but totally inept. How can it be logically explained that Jolly is the head of panel tasked with dealing with local government councillor misconduct complaints with Perth Lord Mayor, Lisa Scaffidi sitting alongside him. That was, until she was investigated by the CCC. The charges? - serious local government councillor misconduct.

Tony Simpson’s biggest mistake is in believing anything that Matthews and Jolly have told him, and acting on it. When he is shown the door, in March 2016, he should ensure that this non-dynamic duo are in front of him, heading for the exit sign.

Otherwise, if a Labor Government is elected on March 11, 2017, it will be Premier Mark McGowan’s
mandate to relieve two smug, lazy, ineffectual individuals of the duties they have never performed.

David Taylor- York ratepayer. 

TERMINATOR SALVATION II (The PAT HOOPER Version)

Pat Hooper 

Author of the Minority Report

What is the semantics between ‘Termination’ and ‘Resignation’ regarding the long awaited departure of former CEO, Ray Hooper, and who was the real terminator?

Pat Hooper seems to insist CEO Hooper had his employment cruelly terminated (meaning sacked) by Matthew Reid.

It could be said, Pat Hooper, has an obsession with his version of the standing down and termination of his best buddy, CEO Hooper, including an obvious dislike of, Matthew Reid, bordering on paranoia. 

The Minority Report 2.2.1(6)

Total Recall, according to Pat Hooper, is ‘the only knowledge I had of actions taken against CEO Hooper by President Cr. Reid were those I read by (in) a letter terminating CEO Hooper signed by Cr. Reid”.

Unfortunately, others public statements at that time suggest that Pat Hooper may be lax with the inconvenient truth. This includes the Deputy Shire President, and the man himself, Ray Hooper.

Firstly there is the public comment to the press by the, then, Deputy Shire President, Mark Duperouzel on the day that Ray Hooper resigned. “It was his (Ray Hooper’s) decision to hand in his notice”.

On April 15, 2015, Sunday Times journalist, Peter Law, wrote in the online publication ‘Perth Now’ that “Ray Hooper quits suddenly” and has tendered his resignation.

On the same day, Ray Hooper, wrote” Further to the orchestrated actions by you (Cr. Reid) and Council (then consisting of Crs. Hooper, Boyle, Duperouzel, Wallace and Smythe) prior to and at the Ordinary and Special Council Meetings held on the 14^th April, 2014, I consider that you have made my continuing employment untenable and I consequently tender my resignation effective as of Wednesday 4^th August, 2014

Besides being addressed to Matthew Reid, all Councillors (including Pat Hooper), the resignation was also to be distributed to Tyhshca (it’s actually spelled Tyhscha Ray), Dick, Dora, Nip, Fluff and Uncle Tom Cobley and all. (It is appropriate that a resignation such as this should have been directed to the Shire President and all Councillors only!)

This letter was Ray Hooper’s request for his employment to be ‘terminated’ by himself, on behalf of himself, not by anyone else, through tendering his own resignation.

So that is two resigned, one quit, one resignation, one demand to be personally terminated and no evidence of the actual termination of Ray Hooper’s employment, as CEO, by  Matthew Reid.

You may ask why someone, (CEO Hooper) who found his position so untenable, tendered his resignation and wished to have his employment terminated on 15^th April 2014, gave his date of departure to be 4^th August, 2014.  The answer is money, the payout of his contract!

Pat Hooper, in his Minority Report 2.2.1(6) also claims that he indicated to someone-or-other (named hearsay) that under no circumstances could the ‘Termination Letter’ from Cr. Reid contain the word ‘Council’ ‘as council had no part in the decision’.

So where is this alleged letter of Termination by Cr. Reid?

And being only one of six (6) Councillors, what gave, Pat Hooper, the right to demand that Councils name not be included on a council document even if it does not exist?  The answer may be a dose of extreme egomania? 

Unfortunately for Pat Hooper, Ray Hooper had already written that the orchestrated actions of Cr. Reid and ‘Council’ had caused him to tender his resignation.

So is Pat Hooper saying that Ray Hooper is lying and that Council (which included him) had no part in the causing the resignation- when Ray Hooper accuses it (and by association Cr. Hooper) of doing so? Or is it because, Pat Hooper, was left out of the process by some (or all) of his colleagues.

Mark Duperouzel said CEO Hooper decided to hand in his notice, journalist, Peter Law said Hooper quit and handed in his resignation and Ray Hooper himself, in another letter addressed to, then CEO, Michael Keeble and Councillors of 8^th October 2014 said ‘at no time since my resignation as Chief Executive Officer has Council communicated with me directly” (meaning Matthew Reid’s letter of termination to Ray Hooper is a figment of Pat Hooper’s imagination.)

This rather poisonous and threatening epistle, from Ray Hooper, states that’ there should be no improper use of information, eg my letter of resignation, personal records and the Fitzgerald Report (the Fitz Gerald Report) to cause harm and detriment to myself and others’. (Who the others are is everybody’s guess)

Ray Hooper’s demands of Council included that it stated, publically, that no credit card fraud had been found. That would mean that the current Major Fraud Squad investigation would not have proceeded.

And that Council released a public apology to Ray Hooper, and the others who were named in the Fitz Gerald Report.

This, according to Ray Hooper, would have finalized matters between himself and the York Shire Council as an entity. However he said ‘I reserve the right to take any necessary and relevant action against any individual Councillors proven to have acted maliciously or deliberately to harm my reputation, health and wellbeing and to have been directly involved in any defamatory action against me”.

This right has never been exercised, because Ray Hooper and the others adversely named in the Fitz Gerald Report, could have their claims of libel trashed (then turned against them) in the Supreme Court.  An extremely expensive- and potentially dangerous process for everyone concerned.

So what of York’s own ‘Icarus’ who flew too close to the sun, had his wing-wax melted, landed in a shit-pile of adverse public opinion and maybe regrets writing the Minority Report.

I think most wish that, from now on, he keeps a low public profile and never attempts to write his memoirs, called “Alzheimer’s of Convenience”.

David Taylor.

TONY SIMPSON TO BE BACKBENCHED

It is of some interest that political pundits predict Minister, Tony Simpson, will be dumped from his job in March 2016, one year out from the WA State Election on Saturday March 11, 2017.

DIRTY DEEDS DONE DIRT CHEAP....

Our Deputy CEO, Tyhscha Cochrane may feel everyone is trying to dump the dirt on her, and it's time for a change, a rather large heap of retaliation.

She decided to dump some real dirt of her own on someone else's real driveway. Not nice and not neighbourly.

On a night dark and stormy, when lavatory lights were dim, (that’s last night) she and husband Steve filled their neighbours driveway  with some of their leftover clods.

Steve, using his bobcat who we’ll nickname “Ted” turned a driveway into a culvert with a large mound.

Maybe artistic, but certainly not aesthetically pleasing and definitely turning  their neighbours car into a useless object.

Obviously such a bobcat inspired, invasive transgression caused a bit of a dust up and the local neighbourly tiff adjudicators, the Cops, were called in.

After some R Rated “potty mouth” exchanges, Steve was told to keep his sods to himself.

“Ted” was last seen with bucket held high, filled with Cochrane earth being returned to where it belonged, slightly soiled but happy to be home.

Steve does a bit of fencing on the side (STEVE COCHRANE FENCING), as well as occasionally looking after other peoples sheep, but now wants to branch out with "Ted" into the landscaping game.

Last year, Steve and "Ted" had a go at Kerbing (pictured below), but due to adverse reaction, decided it wasn't for them.

Concrete kerbing at 15 Bayly Rd, York 

Minority Report

David Morris (DLGC) with Pat Hooper and Gail Maziuk, obviously discussing  

the significant public presence at the special Council meeting 11 December 2014 

and that the public; "was in no mood to hear any opposition to the stance 

that President Reid had taken".

THE MINORITY REPORT


  Response provided to the Minister for Local Government.

  SHOW CAUSE NOTICE {SECTION 8.15B (1)}
 LOCAL GOVERNMENT ACT 1955.

                                      

Prepared by Councillor Pat Hooper
                                

Wednesday 10^th December, 2014

                        

                             Review by David Taylor ……Introductory Page 

It is actually the Local Government Act, 1995, not 1955, a numerical time difference of 40 years and a result of poor observation.

1. Councillor Pat Hooper voted for the show cause response as provided to
    Minister, Tony Simpson, by the Shire of York Council despite disagreeing
    with its content, thereby showing little respect for his personal integrity.

2. Councillor Hooper claims the (aggressive) mood of ratepayers at the Special
    Council Meeting of December 11, 2014, gave cause for him to vote for the   
    show cause response, inferring this attitude was a perceived personal threat
    and had some bearing on his decision.

3. Councillor Hooper actively courted officers of the DLGC, prior to the release
    of the show cause response to Minister Simpson, advising them of his
    intention to write a Minority Report prior to the show cause response being
    tabled on December 11, 2014. (It is highly likely that he gave the DLGC
    details of the content of the response well before it was tabled.)

4. Councillor Hooper prejudged the outcome of Councils vote to release the
    show cause response, on his understanding that a ‘yes’ vote was what a
    significant number of York ratepayers, and the general community
    demanded. Therefore he acted in contravention to his obligations as a
    Councillor, being a representative of the whole-of-community interest, by
    providing the DLGC with the knowledge of his Minority Report prior to the
    release of the show cause response.

 5. Councillor Hooper discussed his attitude towards the show cause response
     with two former Councillors, (the names have been crossed out in the
     report) prior to completing the Minority Report. He deliberately neglected
     to advise the three other sitting Councillors of his intent to author, and
     provide this report to the Minister

6.  Councillor Hooper clearly blames President Matthew Reid as the sole
     instigator of the content and attitude taken within the Council’s show
     cause response. However, he deliberately failed to advise the two other   
     sitting Councillors of his opposition to the stance taken in the show cause
     response, or is he known to have provided them with a copy of his Minority
     Report.


Page1. (2.1.1)
7.  It is Councillor Hooper’s opinion that Council failed to undertake proper    
     due process, and showed undue haste, in its decision to appoint a
     consultant to undertake enquiries with reference to a Code of Conduct
     Complaint against the former CEO, Ray Hooper. Councillor Hooper states
     that the failure was caused by Council’s refusal to follow the process as
     described in the Chronology of Events supplied by the Ministers Office as
     interpreted by the DLGC. (This Chronology of Events would have been
     presented to Council in the DLGC’s own best interest).

2.2.1
8.  Councillor Hooper voted against Councils’ Fitz Gerald Report resolution on
      April 24, 2014, claiming its purpose was driven by individuals wishing to
      publically discredit former CEO, Ray Hooper. (Ray Hooper had discredited
      himself.)

9.  Councillor Hooper states that no endorsement was given by him to
      allow for the Fitz Gerald Report investigation into the conduct of Shire of
      York Council Staff, past and present or Councillors, past and present. (This is
      understandable as Councillor Hooper was adversely named in the report.)

10. Councillor Hooper defines the ‘Macri Report’ regarding the Shire of York’s
      financial reporting as of little purpose and a waste of money, claiming that
      the Shire’s annual audit procedures and reportage met DLGC requirements.   
      Unfortunately the Macri Report’s findings were consistent with the current
      findings of the Office of the Auditor General stating that Local Government   
      Financial Audit Reports are often poor, delayed, unaccountable, and should
      be considered unacceptable by the DLGC.
     
      It should be noted here that Councillor Hooper is not a certified
      accountant, was the President of The Shire York Council when he sat as its 
      senior representative on the York Tourist Bureau Inc. Committee that
      allowed a convicted criminal to be its Bookkeeper. And, as a former Shire
      President and Councillor still bears a degree of responsibility for past
      mismanagement of municipal funds should this be found to be the case
      through the investigation being undertaken by the Major Fraud Squad.     
    
      It should also be noted that CEO Ray Hooper’s use of a Shire of York,
      Corporate Credit Card, duly authorized by both President Hooper and
      President Boyle was an abuse of the use of a privileged ‘tool of trade’.
      Whether this was criminal misuse- is a matter still being investigated by
      the Major Fraud Squad.

Page2. (2.2.1.)
11. Councillor Hooper states that on July 25, 2014, he received his copy of the
      Fitz Gerald Report, at the Shire of York Offices, in the presence of
      Deputy Shire President, Mark Duperouzel, Councillor Tony Boyle and CEO
      Michael Keeble at 9 AM.

12. Councillor Hooper states that CEO Michael Keeble had prevented any
      distribution of the Fitz Gerald Report to the public (On whose authority
      is not defined.)

13. Councillor Hooper, upon (briefly) reading the Fitz Gerald Report and in the
      company of Councillor Duperouzel and Councillor Boyle stated that
      it should not be released without legal advice or advice from the DLGC.
     

      Councillor Hooper claims that attempts were made to contact Councillors
      David Wallace, Denese Smythe and Matthew Reid. (The name of the person
      or persons who attempted to make these contacts is unknown).
      Such contact is ‘hearsay’, without written confirmation of the contact being
      made from the individuals so named.
    

      Councillor Hooper, than makes statements regarding each individuals
      contact response. This is ‘hearsay’ without written confirmation from the
      individual so named.
      Councillor Hooper stresses that the copy of the report (he) read never left
      the office of the CEO at any time. (This can only be presumed as being a
      fact, but cannot be substantiated)
     

      Councillor Hooper confirms that a ‘legally’ convened Special Meeting of
      Council under the Chairmanship of Deputy President, Mark Duperouzal,
      in the presence of just 3 of the 6 Councillors, took place just 3 hours after
      he had (briefly) read the Fitz Gerald Report. (This extreme action was
      taken at 12 Noon at an inordinately short notice to the other half of the
      Council Membership and probably insuring their non-attendance.)

14. Councillor Hooper now comments on his treatment as a councillor after
      his decision to not release the Fitz Gerald Report was enforced.
      Councillor Hooper seems to be under the delusion that he, as an individual,
      is of extreme singular importance to Council, even though adversely named
      in the report, is consistently negative towards most actions taken by some
      of his fellow councillors and unlike Tony Boyle and Mark Duperouzel  failed
      to resign.
     

      It should be noted here that Councillor Boyle resigned on December 8,
      2014, 2 days before the intended release of the Minority Report.
      Mr.Boyle’s resignation contained many of the accusations appearing within
      the Minority Report in an attempt to give the report additional credence
      and to assist in destabilising the Shire of York Council. A major element of
      truth in this resignation was that it was done ‘for the betterment of York’-
      if this means York is better off without Mr. Boyle as a councillor.

      It should also be noted that both Councillor Hooper and Councillor Boyle
      accused other councillors and members of the York Community of abusing,
      mistreating and maligning staff members of the Shire of York Council
      Administration. Both these former Councillors have omitted any mention of
      the fact that Former Acting CEO, Michael Keeble, at a meeting at the Dome
      Coffee Shop in Midland, advised a third-party that he had no confidence in
      the abilities of Deputy CEO, Ms. Tyhscha Cochrane and intended ‘to move
      her sideways’. He also suggested that there was the possibility of a prima
      face case of Conflict of Interest, regarding Councillor Boyle’s relationship
      with, and support of, York Racing Inc. regarding rates valuations that were
      due and payable.

Page3. (2.2.1)
15. With regard to CEO Ray Hooper, Councillor Hooper, seems to remain
      confused regarding the differing meaning of ‘Resignation’ to ‘Termination’
      On April 15, 2014, Ray Hooper tendered his resignation, thereby forgoing
      his right to demand to be terminated with its attendant option of initiating
      legal proceedings against the Shire of York Council for wrongful dismissal or
      retaining the ability to negotiate an ‘agreement of confidentiality’.
      However, the wrongful dismissal option could still be open to Mr. Hooper
      and his solicitor should he wish to avail himself of it. (Time has probably
      run-out to initiate such action using just workplace legislation.)
     
      Also the treatment Mr, Hooper received at the hands of the Shire of York
      Council was directly proportional to the poor treatment, tactics of
      obfuscation, and lack of community consultation meted out by him to at
      least 19 known individuals within the Shire, often supported and
      sometimes initiated by Councillor Hooper.
    
(2.2.2).
16. Councillor Hooper now proceeds to enumerate the failures of the Shire
       President (Matthew Reid) and Council, directly relating to his own past
       failings as Shire President and a councillor, inferring victimization and
       persecution in Public Question Time at Shire of York Council Meetings.
       Councillor Hooper should remember that, as Shire President, he had lost
       the confidence and respect of much of the York community by his refusal
       to countenance accountability and transparency by providing forthright,
       accurate and reliable answers to legitimate questions, from the public,
       during Public Question Time. (Councillor Hooper was reaping what he had
       sown.)

Page4. (2.3)
17. Councillor Hooper now further embarrasses himself by providing his
      personal opinion, only, of conflict between Acting CEO, Michael Keeble,
      Shire President Matthew Reid and unnamed councillors.

      The conflict within Council was created by Councillor’s Hooper, Boyle and
      Duperouzel attempting to destabilise council and push through their
      agendas such as the approval of SITA’s purchase of Allawuna Farm.

      It should be remembered here that these three Councillors had their
      powerbase destroyed and their authority emasculated by the extreme
      popularity, within the community, of President Matthew Reid who was
      given a mandate to create positive changes within the Shire of York Council
      and its Administration by the ratepayers, on behalf-of the community.

 Page5.(2.3.6)
 18.Councillor Hooper describes his version of events that took place on
      November 4, 2014, during a meeting at the office of Acting CEO, Michael
      Keeble. In attendance at this ‘Kangaroo Court’ were Michael Keeble,
      Deputy Shire President, Mark Duperouzel, and Councillors Boyle and
      Hooper. Ostensibly, this meeting was called in support of Michael Keeble
      retaining his position as CEO. Actually it was a deliberate act of entrapment
      to show ‘no confidence’ in President Matthew Reid.
      
      Councillor Hooper claims that during this meeting President Reid made a
      surreptitious audio recording of the meeting.
      It is now time to remind Councillor Hooper that surreptitious means
      unauthorised. On whose authority was this deemed unauthorised, as
      President Reid was the highest ranking Local Government authority at the
      meeting?

      Surreptitious also means secretive. Yet everyone attending the meeting
      was aware that President Reid had switched on a recording device to
      protect himself from extreme verbal abuse.
     

      Councillors Hooper, Boyle and Duperouzel witnessed an obscene, abusive,
      derogatory and slanderous tirade by Michael Keeble against President Reid
      that they deliberately set out to initiate and made no attempt to stop.
      Their actions were disgusting.
      At least Deputy President Duperouzel had the decency to resign the next
      day, November 5, 2014.

SUMMARY.

Arguably the Minority Report had a major impact on the decision by Minister Tony Simpson to suspend the Shire of York Council for 6 months as of January 6, 2015.

This is verified by the fact that it was deliberately withheld from public viewing for 12-months and had numerous Freedom of Information requests rejected, because of its content, prior to its release.

To have given such gravitas to this puerile document as the DLGC and Minister Tony Simpson apparently have, should be of extreme embarrassment to both.

In the main it is a personal interpretation of reasons for events and is full of self-centred interest for personal aggrandisement and revenge.

As the title of the Minority Report suggests, it is authored by a member of a disaffected minority in an effort to cause major damage to the reputation of President Reid, other councillors, the Shire of York Council, the town of York, the Shire of York and its community.

It was successful and would have had some influence on Matthew Reid’s decision to resign from the Presidency- and from Council.

The term Pariah should be considered with regard to the authorship (and reasons for the content) of this document.

                                                                     ENDS.                                                   

SLOWLY, SLOWLY, CATCHEE MONKEY

A few puffs of the winds of change are starting to emanate from the agency responsible for auditing the Western Australian Public Sector, the independent Office of the Auditor General. (Once its independence was questionable- now not so much.)

The letter (below) was sent in March of this Year to the Public Sector Commissioner, Mal Wauchope, and the Auditor General, Colin Murphy requesting a public sector, forensic audit on the York Recreation & Convention Centre’s financial situation.

The presumption on my part, whether both men liked it or not, is that local government council administration is part of the Western Australian Public Sector as it is funded, in a major part, through a system of State Government grants and loans, being from what is defined as ‘State Government Monies.’ (So if it waddles, quacks and swims, it’s a duck).

Mal Wauchope did his best Pontius Pilot impersonation saying local government council administration is nothing to do with him and, probably, beneath his dignity. Mr Murphy was more circumspect, claiming that as far as he was concerned local government was not funded by state government monies, and therefore he had no auditing jurisdiction.

My response was there was no known clear, legal and equitable definition of what constitutes ‘state government monies’ in the public domain- and in the public interest. Also what was considered to be ‘Royalties for Regions’ funding? state government monies, or a winning Lotto ticket?

Now after a nine-month gestation period, Mr Murphy does have the power to audit Local Government Council Administration annual accounts and the proverbial has hit the fan, finding half failing to provide proper books of account and verification.

Since then Mr. Murphy has discovered the biggest surprise of all, that Public Sector Agencies are not screening employees’ properly. This is a situation that would not be tolerated in the Private Sector.

Their Human Resources engagement priority policies, procedures and protocols are poor, both in screening new staff and monitoring existing employees.

There is a persistent failure to conduct criminal background checks, confirm the actual identity of the employee and verify any qualifications they provide. (The criminal background check is not part of the litany of failures heaped on the Shire of York Council Administration, it knew Christian Tarou Chadwick was a criminal.)

And, guess what!-this creates the inherent risk of employing inappropriate staff which turned out to be a quintessential ingredient of what has happened at the YRCC. 

*******

                                                              A TIMELY REMINDER THAT:-

The ‘White Elephant’ that is the York Recreation & Convention centre is still ‘the elephant in the room’.



Mal Wauchope                                                                                             Dated:  26 March, 2015
Public Sector Commissioner
Dumas House
2 Havelock Street
WEST PERTH, WA 6005
CC Mr. Colin Murphy
Auditor General.

Your Ref:     A REQUEST FOR A FORENSIC AUDIT ON THE YORK RECREATION & CONVENTION
                      CENTRE’S FINANCIAL SITUATION.


In the 2014-2015 Financial Year the Shire of York Council (Council) approached Mr. Guy Lehmann of Muntz & Partners, York, with the intent to commission him to provide an in-depth, future business development plan for the York Recreation & Convention Centre (YRCC). The projected cost for his services was in the vicinity of $10,000.

The YRCC is thought to be a $7.8 million local community asset facility funded by Royalties for Regions, Local Government grants and municipal funding. To my knowledge no known appropriate cost estimates, including whole-of- life cost projections or any other reasonable financial evaluation was done for the overall expenditure on the project compared to its cost-benefit value to the local community it was supposedly built to serve.

It would appear that there were no key performance indicators attached to continuing outlay, nor were there efficiency, effectiveness and economy standards set for the completed facility and its future use, including affordable staffing levels and required maintenance- and any required compliance with the terms and conditions of its commercial Tavern Licence.

The granting of a commercial Tavern Licence to a Local Government agency, Council, has serious connotations regarding competitive neutrality. It placed a ratepayer funded licenced premises in direct competition with the private sector, conceivably assisting in the closure of four privately owned licenced establishments over the past three years. (Several have since re-opened, one at a related initial cost to the community of $625,000)

This fiduciary duty of care for the YRCC should have been undertaken by the senior Local Government, Public Service Officers employed by Council to do so. The overall performance of said officers is an integral part of your jurisdiction- encompassing the Department of the Auditor General in financial risk management matters.
In the 2013-2014 Financial Year Council’s projected estimate of the gross revenue return from the YRCC compared to outgoings was exceedingly overstated. At Council’s Ordinary Meeting of October 21, 2013, the budgeted amount of return from the YRCC was nominated as being $2,268.163 when the actual return was just $754,710.

In the private sector, such a colossal over estimation would see those responsible dismissed.
It could also be considered to be highly suspicious that such a definitive revenue forecast could be made and be presented on an official Council document without being queried at any future audit.

Council’s senior Local Government, Public Service Officers’ explanation for the massive discrepancy was that the figure quoted related to total recreation not just the YRCC. The obvious response to this would be- that as the YRCC was a purpose built facility to encompass most, if not all, recreational activities where did the massive shortfall of $1,513.453 in projected income come from?

To put this into perspective, based on the current population, every man, woman and child in the
Shire of York would have to contribute at least $600 each to accrue a return to the YRCC of $2.27 million in any given financial year- with the meaning of ‘total recreation’ the great unknown..

The second question should be- given the potential for such a discrepancy why was such an expensive project as the YRCC mooted, and then built, in the first place?

The designated Local Government, Public Service Officers acting on behalf of Council in this matter, in attendance on this date, was Mr. Ray Hooper, Chief Executive Officer, Ms. Tyhscha Cochrane, Deputy Chief Executive Officer, Ms. Jacky Jurmann, Manager Planning Services and Mr. Gordon Tester, Manager – Environmental Health and Building Services. Mrs. Gail Maziuk, Projects and Senior Finance Officer is not listed as having attended this meeting although she should have been there.

Only two of this administrative group remain as employees of Council, one being the Deputy Chief Executive Officer, Tyhscha Cochrane. Although still employed, Mrs. Maziuk is no longer Projects and Senior Finance Officer and is no longer publically listed as being a senior staff member of Council.
(Mr. Tester resigned, but has since been re-employed as the Shire of York Council Administration’s ‘Manager of Development Services, a senior position, while Mrs. Maziuk is commonly referred to as a Human Resources & Compliance Officer.)

Therefor the reason for Council wishing to contract an external expert in business, taxation and financial consulting to provide a business development management plan for the YRCC should be patently obvious.

On October 21, 2014, the then Chief Executive Officer, Michael Keeble, went on record, in writing, to say that the Guy Lehmann Report, ‘as being the business plan for the YRCC’, would be ready shortly.

This was a blatant untruth. At that time it is highly unlikely that Mr. Lehmann had commenced any tangible formal investigation into the future business direction of the YRCC. It has been alleged that required, relevant financial records were deliberately withheld from him, possibly by senior Local Government,  Public Service Officers, who acted without due authority in preventing his access to this information. There may well be personal reasons for this suppression, including fear of future accountability and liability regarding past, possibly indictable offences caused through the financial mismanagement of the YRCC project as a whole.

At the Ordinary Council Meeting held on February 16, 2015, chaired by Commissioner James Best,
those in attendance were advised that Mr. Lehmann had resigned from his post because of “external pressure”. What this external pressure is should be of major concern and the subject of an external, independent investigation. External pressure, in certain circumstances, can be deemed as being ‘coercion’, a criminal offence.

The fact that Mr. Lehmann resigned from the post, obviously given to him shortly after the departure of Council’s Chief Executive Officer, Ray Hooper, on April 15, 2014, suggests that for an inordinate and inexplicable length of time he may have been prevented from exercising the terms of his contract of employment. Therefore there may be the potential for him to seek legal redress from Council for its lack of proper support. This could involve financial recompense above and beyond any payment for the services he was prevented from providing.

At the Annual Electors Meeting held on February 25, 2014 also chaired by Commissioner Best, Mr. Best stated that Dominic Carbone and his firm Dominic Carbone and Associates would deliver the report on the YRCC as the replacement for Guy Lehmann.

Mr. Best’s determination to hire, Dominic Carbone, is fundamentally flawed.

Mr. Carbone could be considered a failed Chief Executive Officer from the twice sacked City of Canning Council. This Council refused to renew his contract because of an alleged financial erratum.

His website, Dominic Carbone & Associates, states he is an Accountant and Auditor with no specified qualification in accountancy or degrees in business management and/or business planning.

Mr. Carbone is a close associate of former York Council Chief Executive Officer, Ray Hooper. Mr. Hooper is a senior Local Government, Public Service Officer who arguably failed in his Fiduciary Duty of Care to adequately ensure the financial viability and sustainability of the YRCC.

It is a logical matter of principle that a failed senior Local Government, Public Service Officer, Dominic Carbone, should not be given the responsibility of undertaking a financial management report of any kind which involves the activities of another failed senior Local Government, Public Service Officer, and a close associate.

Mr. Best states that Dominic Carbone has a detailed understanding of the YRCC. The question is why? It suggests is that Mr. Carbone’s comprehensive knowledge of the YRCC is because of his financial advice involvement in the initial research, development, final approval and construction of the YRCC, dating back to 2007. Any failures in Fiduciary Duty of Care could therefore reflect on Mr. Carbone.

Mr. Best’s assessment that Mr. Carbone has credibility in business planning is also a matter of some conjecture.

Along with Mr. Hooper, Mr. Carbone played a major role in the development of the South East Avon Voluntary Regional Organization of Councils (SEAVROC) which became the South East Avon Regional Transition Group (SEARTG).

Mr. Best may not remember but Mr. Carbone was the Executive Officer of SEARTG when it was involuntary closed down by the Minister for Local Government and Communities (DLGC).

However, in the minutes of the SEARTG final meeting of July 8, 2014 it was suggested that SEARTG had underestimated the reduction in funding provided by government. It could be assumed that as Executive Officer, Mr. Carbone, bore some responsibility for SEARTG‘s financial affairs and any deficiencies in such.

An official email regarding the GUY LEHMANN REPORT/YRCC dated March 4, 2015, from James Best,
suggests he may now have withdrawn his publically stated support for Mr. Dominic Carbone and it is his intention to personally review the report and possibly complete it.

Mr. Best suggests that the report had gaps, inferring that Mr. Lehmann may have failed to fully comply with the directions given to him by Council. Due to the high probability of duplicitous actions being taken by Local Government, Public Service Officers to prevent Mr. Lehmann’s access to financial information required to make any proper business analysis, it could be considered to be a pejorative inference by Mr. Best.

Mr. Best also states that there would be a change to the liquor licencing structure inferring that the original Tavern Licence application was not justified and now found to be totally inappropriate for the amount of viable commercial usage the tavern and the attached convention centre could conceivably receive.

Mr. Best refers to the finalization of a Competitive Neutrality Plan. This is probably because, in the past, the YRCC management has openly touted for increased business by establishing such commercial enterprises as a coffee club in direct competition with local café proprietors. This is in contravention of an official agreement signed by the senior Local Government, Public Service Officer at the time of application for a Tavern Licence, Councils’ Chief Executive Officer Mr. Ray Hooper, stating the YRCC would not attempt to attract business away from local, privately-owned, commercial enterprises.

On two occasions during the licence application process, Mr. Hooper was advised, in writing, by the Department of Racing, Gaming and Liquor (DRGL) that Councils application may be rejected because
its community interest assessment was at first virtually non-existent, then un-substantive, incongruous and flawed. With hindsight, Mr. Hooper’s commitment to competitive neutrality and community interest could be considered questionable.

You would be aware of the media reports suggesting that the Premier, Colin Barnett, has serious concerns regarding the probity of Local Government including its lack of accountability, statutory compliance and the numerous suggestions of misappropriation of municipal funds.

You would also be aware that the Minister for Local Government and Communities, Tony Simpson, has admitted there are endemic and systemic weaknesses relating to basic compliance in Local Government financial management. He has called on the Auditor General to expand his role to prevent the prevalence of fraudulent misappropriation of funds and corruption, both being potentially criminal offences.

The Auditor General already has the statutory authority to investigate the fiduciary performance of Local Government, Public Services Officers.

At the York Annual Electors Meeting of February 25, 2015 electors voted not to adopt –That the 2013/14 Annual Budget for the Shire of York is received. That the Shire of York’s Annual Financial Report for the year ended June 2014, as presented, be received and That the Shire of York’s Independent Auditors Report, for the year ended June 30, 2014 be received. This is not a resounding endorsement of the abilities of those hired by Council to provide financial management
services and guidance.

In addition, Council’s senior Local Government, Public Service Officers have, in the past, refused to release financial information documents referring to YRCC to a member of the public claiming that the public already had access to such information. This gives credence to the allegation that the same officers, and others, may have attempted to withhold information from Guy Lehmann.

The Freedom of Information Commissioner’s response was that not all of the requested documents are publically available. His summation therefore was that the agency (Council) was required to deal with the request for these documents. The judgement can be found in Walters and the Shire of York (2014) WAICmr 24 of December 22, 2014.

As of today’s date I am not aware that Commissioner Best, Acting Chief Executive Officer, Graeme Simpson or any other Local Government, Public Service Officer in authority over Council documents has complied with any request or demand issued by the Freedom of Information Commissioner.

The Auditor General is quoted as being a totally independent arbiter of the performance of Local Government, Public Service Officers in their financial duties to the State and by inference, the community at large- and each individual community in particular.

I now call on the Auditor General, Mr. Colin Murphy and his staff to undertake their prescribed duty and investigate all financial matters concerning the YRCC in relation to the fiduciary performance of
individual Local Public Service Officers of York Council dating back to 2007.

Given that Mr. Murphy has been requested to assist in the assuring the much needed compliance by Local Government Council’s regarding financial management issues I would hope that it is placed on public record what measures he will exercise to ensure such compliance.

As of this date, December 3, 2015, Mr. James Best has completed his term as Commissioner and the Acting Chief Executive Officer, Graeme Simpson’s contract of employment has not been extended or renewed.

Mr. Dominic Carbone of Dominic Carbone & Associates has not presented any review of the York Recreation & Convention Centre to the Shire of York Council. (To the best of my knowledge, nor has anyone else.)

Mr. Best’s intention to change the liquor licence structure of the YRCC has not been brought to fruition.

Mr. Best’s determination to formalize a Competitive Neutrality Plan, encompassing the Shire owned YRCC and perceived, private enterprise competitors, has not occurred. What did occur was his insistent assistance in funding a private enterprise, the Palace Hotel York, through the purchase of another property by the Shire of York for $625,000.

The Shire of York Council Administration still refuses to comply with legitimate demands for public access to council documents.

The Shire of York Council Administration has failed to provide proper books of account and verification for independent, official financial audits.

The Shire of York Council Administration does not screen its employees properly.

A forensic audit on the York Recreation & Convention Centre’s financial situation has not been undertaken by the Shire of York Council, a committee acting on behalf of the Shire of York Council, the Shire of York Council Administration, an independent auditor, or the Office of the Auditor General.

David Taylor.
York Ratepayer.