WALGA SUBMISSION LOCAL GOVERNMENT ACT 2018 - Dear Minister...

May 18, 2018

Hon David Templeman
Minister for Local Government
cc
Ms. Lynne Craigie
President
Western Australian Local Government Association

Dear Minister

Your Ref:   WALGA SUBMISSION LOCAL GOVERNMENT ACT 2018.

If you have viewed the Western Australian Corruption and Crime Commission’s submission I am sure you will not have failed to notice that this state’s senior investigative agency has declared that there is a systemic and endemic problem of the potential for serious misconduct cached within the local government sector’s overall administration.

There have been past claims, including by the former Premier, Colin Barnett, that a massive, unconscionable amount of public funded resources has had to be used to investigate genuine complaints against the local government probity and compliance regime for which you now should bear ultimate responsibility.

I suggest to you that the WACCC  is of the opinion, like most concerned agencies and citizens, that this extremely serious problem will only find a solution through substantial, positive regulatory changes to the Local Government Act 1995.

Major problems identified, by all, is that there is an apparent lack of accountability across almost the entire range of local government procedures, processes and responsibilities.

This includes, but is not limited to, the lack of professionalism within the ranks of both elected members and administrators, the often deliberate ignoring of mandatory compliance rules and regulations, the creation of preposterous local By-laws, Principles and Guidelines often to the detriment of socio-economic community development, inadequate financial accountability and in numerous cases, the lack of qualified senior members of staff, including Chief-Executive-Officers.

It is generally acknowledged that since its formation in 2001, the Western Australian Local Government Association has systematically retarded positive regulatory developments within the local government sector and is currently presenting itself as a stumbling block to much needed reform.

You, and past local government ministers have been advised time and time again , by those who may have greater tertiary expertise than you (in the required due-legal and ethical-processes that should be applicable within the industry)- that there must be a clear and concise division of power and a proper, adequate delineation of responsibility across the board. Otherwise there will be the continuing spectre of all the nasty forms of Conflict of Interest.

These are obligations that must be enforced by sufficient levels of pecuniary, civil and criminal penalties by an Act of Parliament, not through stage management by a self-interest agency that appears to assist in creating the systemic and endemic failures within the local government sector.

WALGA’s own submission to you suggests a dystopian, almost subversive intent with no regard for the rights of the Ratepayer.

This is that the PUBLIC should not be made aware of the performance of Chief Executive Officers and senior management. This indicates that WALGA wishes to ensure that any information regarding mismanagement, non-compliance, malfeasance and incompetence should remain strictly Private & Confidential. I am sure it is yours and everyone else’s understanding that Public means you, me, the ratepayer- everybody.

Apparently, by its own definition, WALGA wishes to increase confidentiality and reduce transparency across all compliance and regulatory aspects of local government to the detriment of ratepayers.

This agency has declared an intent to reduce accounting practice standards required In Local Government Areas at a time when the Department of the Auditor General has been granted a remit to audit local government financial records because of a previous lack of procedural accountability. The reason can only be considered as highly questionable and a  dereliction of duty of care to all whom it claims to represent.

WALGA wishes to stifle the voice of ratepayers and the community, the Vox Populii, by regulating against the inherent individual right of freedom of speech of those it personally considers to be Vexatious Complainants. This could be considered Draconian in the extreme and created by WALGA’s own shortcomings. Based on this- such a demand should be considered illegal.

WALGA has inferred that there is incompetence in your Department of Local Government by claiming it has had to step into local government areas to provide capacity building. That is WALGA’s euphemism for improved training procedures. The results of which is why the new Local Government Act 2018, is so important to the future of local government in the State of Western Australia.

I suggest during the overall review of local government administrative support requirements that WALGA’s intervention in most, if not all of these controversial matters, including providing for the propensity for serious misconduct, should be closely scrutinized

You may well find that WALGA as an entity should be considered to be deleterious to the future of Local Government in this state.

It is certainly time for the  far-too-numerous concerns of Ratepayers to be finally redressed.

Yours sincerely
David Taylor
Shire of York Ratepayer.