SPOILER ALERT. THE GAME OF (LG) THRONES- the Prince of Probity is dead-long
live the Prince!
While you consider the relative merits of what is written below, it is time to
have a minutes silence for BRAD JOLLY.
Joe/Josephine Public has become aware that the Prince of Probity has prodded
and probed his last rectitude and has joined the ranks of public servants who
have suffered chronic ‘laborcide’.
He is now supposedly ensconced in the bowels of some agency where he cannot
cause too much trouble by calling those he was hired to assist-‘mendicant’ even
if some are!
Even Jolly’s BMF, the Mayor of Joondalup, Troy Pickard, has a formidable job
applicant for his job in the form of Albert Jacob, the former Liberal Minister
for Whatever.
The coup de grace was Jolly’s inability to explain what probity means to the
Mayor of Perth, Lisa Scaffidi, who is now Number One on Premier, Mark McGowan's most wanted intransigent list with a record of gift non-disclosure accusations
as long as your arm.
Once there was TONY SIMPSON, JENNIFER MATTHEWS and BRAD JOLLY- now there is
none.
The moral of the story is don’t mess with Social Media, it has teeth and can
bite!
In
his first Governance Bulletin, the new Acting Director General of the newly
re-badged Department of Local Government, Sport and Cultural Industries
(DLGSC),Duncan Ord, has advised those interested of the perils of Public Officers’
involvement in Social Media.
It comes as additional, official confirmation that two Shire of York
Councillors and two senior managers should have known better than becoming
members of a controversially named, local, closed Facebook club.
It is a timely reminder to York’s Deputy Shire President, Denese Smythe and
Councillor Trevor Randell that they bear a responsibility to their electors not
to be a party to neighbourhood spats by joining a closed Facebook club such as
‘York Bitching’.
It also raises the question of just how well (or ill) informed of the rules
(that should be obeyed) are these two councillors, despite their years in
public office.
There are serious ramifications involved in comment on Social Media by elected
members of LGA Councils. They come in the form of the Local Government Act 1995, the
Local
Government (Rules of Conduct) Regulations 2007 and last, but by no
means least, the Defamations Act 2005.
The defendants in Social Media defamation cases hope against hope it
cannot be verified how many have read an obviously defamatory discourse that is
to be subject to litigation.
The plaintiffs and their lawyers rub their hands with glee because in ‘York
Bitching’s’ case they would have a plethora of witnesses, potentially in the
hundreds.
Cyber technology has added a whole new, and difficult, dimension to the
interpretation of defamation law that involves publically elected officials and
also public officers.
Social Media platforms are ‘sans frontieres’ (without borders) meaning that the
end result can be global, where anyone with an internet service across the 24
time zones, in 196 countries, can gain access to what you have written.
Duncan Ord suggests that any public officials who use the excuse that involving
themselves in social media is ‘a means of
keeping a finger on the community’s pulse’ should be careful.
The excuse made by CEO, Paul Martin, that he had joined ‘York Bitching’ to
better understand how the Shire could best provide its own Facebook
communications platform to the community is similar to ‘fingering the pulse’,
and tends to stretch the imagination.
The Shire had already viewed the City of Vincent’s Social Media Policy and found
it to be a sound framework to manage communication and engagement with the York
community.
So it would appear there could be a few degrees of separation between Mr.
Martin’s formal excuse to the DLGSC- and the truth.
Both Mr. Martin and Paul Crewe have been in the local government game long
enough to understand that their membership of ‘York Bitching’ could have some
serious implications.
This would be under local government legislation including the ‘Act’ and the Rules
of Conduct Regulations.
It did have implications and Jenni Law from Local Government Regulations told
Mr. Martin to pull the pin.
As the Local Government Elections for 2017 approach, Mr. Ord, is happy to
advise those such as Councillor’s Smythe and Randell that under Section 5.105 of
the Local
Government Act 1995 they should keep certain local government area
complaints in the strictest confidence.
Otherwise, during the election period from September 7, 2017 to October 21,
2017, they, all other councillors and prospective candidates can face fines of up
to $5,000.
So it is best for all to keep eager fingers away from laptop keys or be
prepared to put lots of money where your mouth is.
Interestingly enough Acting Director General, Duncan Ord, has used his
Governance Bulletin to heap praise on a number of his senior staff including
his deputy and Jenni Law.
Absent from the accolades is York’s best buddy, Brad Jolly, the Executive
Director Sector Regulation and Support who is Ms. Law’s boss, and through his
support of Commissioner, James Best, cost York ratepayers up to $1 million- and
counting.
It may be an inconvenient truth for Mr. Jolly but he may be on the slippery
slope to demotion or dismissal. As usual the public will be the last to know.
David Taylor.
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