CONGRATULATIONS TO ALL COUNCILLORS (But Policy Review is not your job.)

While many enjoyed the Christmas/ School Holiday break catching up with family and friends , the Shire of York Councillors spent a lot of their time with an expensive, independent expert, trying to catch up with a much needed, mandatory ‘Policy Review’ and badly needed amendments. (This is right now- not in the past, but certainly caused by it-and specialist experts can cost at least $1,000 per-day!)

By statute Local Government Area Policies must be continuously reviewed, in a nominated timely manner, to ensure that they meet ever changing, Local Government Area objectives including health, safety, building and planning standards defined as being in the best overall interest for the growth and economic and social wellbeing of the local community.

It is not a prerequisite for elected Local Government Council members to be directly involved in any policy review, other than voicing the opinion of ratepayers where they feel that a policy may impinge on individual rights and some amendments could be justified.

Policy Review and amendment is what the Chief Executive Officer and his most senior Public Service Officer are paid, in York, close to a half-a-million dollars to do as part of their contract of employment.

According to the WA Salaries and Allowances Tribunal, York is a Band 3 Local Government Area regarding allowances remuneration to Councillors for their commitment of time and effort. This means that the current Shire of York Council of seven elected members would be lucky to claim, as a group, the annual amount spent by Ray Hooper on travel, meals, accommodation and incidentals accrued on his corporate credit card. (An average- in the vicinity of $25,000 per annum.)

Band 3 Local Government Area Councillors are not adequately remunerated, given the responsibilities they undertake and the community expectations they must be seen to meet.

In some ways this explains the abiding interest of some past Shire of York councillors and presidents in turning SEARTG into the South East Avon Voluntary Regional Organization of Councils (SEAVROC).

An avaricious motive would be that this would have increased certain Council Member’s allowances to Band 2 levels, a potentially massive multiplication.

The latest available Salaries & Allowances Tribunal figures show that the Lord Mayor of Perth (Band 1) can claim up to $133,000 before getting stuck into Conflict of Interest gratuities. Mayors and or Presidents on Band 2 can claim an annual allowance of up to $61,800 prior to accepting potentially illegal gifts of travel and entertainment. Band 3 is less than 30 percent of that, if you are lucky.

However all senior Local Government Area Public Service Officers are extremely well remunerated for the services they are supposed to provide, but sometimes do not!
Regular and proper Local Government Area Policy Reviews were not carried out by Ray Hooper with the support of his Deputy, Tyhscha Cochrane.

Nor was it carried out by Acting CEO, Michael Keeble, with the support of his Deputy, Tyhscha Cochrane.

Acting CEO Graeme Simpson was requested to undertake the review and, although having the support of a Commissioner, James Best, and for a period of time Tyhscha Cochrane, he did nothing.

Acting CEO, Mark Dalcombe, was engaged to do the review but has been unable to do so because he has had no senior Public Service Officer support to allow him to undertake this potentially, time- consuming task. (Tyhscha Cochrane has only just returned from Maternity Leave.)

So it was (and still is) up to Shire of York Councillors to assist a highly paid, external contractor to review and amend, where necessary, up to 54 Local Government Area Policies that should have been done, in-house, under contracts of employment, by those already paid to do so. (The additional contracting cost should appear buried within the Materials and Contracts section of the Shire of York, Annual Report for the 2015-2016 Financial Year.)

Besides what they have already done, the Shire President and his fellow Councillors should be commended for Council’s public broadcast of what Council considers to be a reasonable explanation of the meaning of ‘policy’ when related to Local Government in York. (This was published within ’The Voice of York’ pages 6 and 7, The York & Districts Community Matters, February 2016 edition).

Former Acting CEO, Graeme Simpson, had a distinct problem with what a Local Government Area Policy meant, what constituted an amendment and what-on-earth was a guideline. So Council has publically set the record straight.

Once the Policy Review process is complete it will be up to the individual ratepayers to assess the impacts of the review and any amendments it contains

The fact that each Shire Council has to have its own, personalised Code of Conduct is a continuing anachronism that has led to well publicised Conflict of Interest investigations, in particular the acceptance of gifts. (It can be argued that the current Code of Conduct is not working,)

The Code of Conduct is regulated by The Local Government Act 1995, The Local Government (Administration) Regulations 1995 and The Local Government (Rules of Conduct) Regulations 2007 with some additions and amendments by individual Shire Councils.

In the Shire of York Council’s case, one such addition under Interaction with Employees says   1. This includes but is not confined to harassment and discrimination on the grounds of gender, pregnancy, age, race or ethnicity, religious belief or allegiance, nationality, political affiliation, marital status, disability or sexual orientation. (These are noble sentiments indeed, adapted from what began as The United Nations Universal Declaration of Human Rights, 1948, but for what reasons was it inserted in York’s Local Government Area Policy Review?)

What should be added is the WA Criminal Code Act, Compilation Act, 1913.

The current Minister for Local Government, Tony Simpson, recently set the ball rolling by demanding that Shire of York Councillors receive training. Once this process is completed, state wide, individual councillors should be made totally responsible for their own actions.

This should include, where a serious Policy breach has occurred, individual councillors forgoing their right to local government, ratepayer-funded  legal support, be forced to reimburse the full cost of what was the cause of the breach, fined an appropriate pecuniary penalty according to the level of severity of the breach and or, where necessary, incarcerated. (This will basically put the CCC out of business and stamp out breaches (even those myriad Minor Breaches) allegedly investigated by the Local Government Standards Panel.)

Another reason for some enthusiastic optimism is Councils’ policy regarding future Chief Executive Officers.

A major Key Performance Area (and quality of service indicator) will be that the CEO will be totally responsible for all staff including their initial employment, the standards set for their employment performance through their own Key Performance Indicators and any internal and external employee infractions that could denigrate the integrity of the Shire of York. (Putting it in a blunt context, if his staff do not perform to reasonable expectations, it’s the CEO’s head on the chopping block,)

There is one perceived anomaly that the Shire of York Council should see the necessity for it to be redressed. It is with regard to the monthly publication of ‘The Voice of York’ within the editorial pages of The York& Districts Community Matters Newspaper.

Although informative, it is still a form of propaganda, as a paid advertisement published for and on behalf of a Local Government, the Shire of York Council. It arguably crosses the boundaries regarding regulation of what is generally acceptable in the publication of government information in the print media.

It can be easily rectified by a small advisory notice within the pages of The Voice of York stating that the Voice of York is published on behalf of The Shire of York, 1 Joaquina Street, York WA 6302.

Should Council decide to seek a legal opinion on this then it can approach Media Lawyers such Allens (08) 9488 3700, Corrs, Chambers Westgarth on (08) 9460 1666, or alternatively the Australian Press Council on (02) 9261 1930.

For those who still do not wish any one to dwell on the past, remember the Shire of York mantra.
‘BUILDING ON OUR HISTORY TO CREATE OUR FUTURE’.

David Taylor