Shire of York

Shire of York

Sunday, 6 August 2017

NO SURPRISE HERE (Public Office and Social Media do not mix- and York is a rabbit in the headlights-again)

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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