TO DEAR DAVID FROM DAVID:

June 22, 2018
Hon David Templeman
Minister for Local Government

Your Ref:- 66-05943.


TO DEAR DAVID FROM DAVID (Another condescending explanatory epistle from ‘The House on the Hill’)

It is always exciting to get a personally autographed response from the Minister for Local Government, David Templeman, regarding questions about the rapacious, ravaging, ravenous, much ridiculed role of the Western Australian Local Government Association- better known as WALGA.

These fictional, politicized literary  gems have more than a touch of Deja-vu. They could have been written for and behalf of one of the previous Liberal incumbents, Tony Simpson, except for the signature.  In the end, it is all about a Minister who really does not care and certainly does not want to bear any responsibility.

Along comes the Ground Hog Day rhetoric, copied straight from Google.

Firstly the classic- WALGA was formed on 6 December 2001 to represent the local government sector. Anyone who can read knows this and does not really give a shit about when it was formed, just what damage it has been allowed to do over the past 17-years.

And it’s not too hard to work out who gave birth to this self-serving abomination. A Labor Government was in labour for nine months creating this aberration as a peak industry body to be tenderly nurtured by the then Minister for Local Government, Tom Stephens.

The use of the word peak in WALGA’S case is a joke.  Synonyms of peak are summit, pinnacle, even a crowning achievement when the list of systemic failures in WA local government is longer than a gorilla’s arm and worse than the smell of a gorilla’s armpit.

Peak Body means a conglomerate of allied interest groups with a focus on common interests. In WALGA’s case it can easily be perceived as self-interest.

Mr. Templeman claims WALGA allegedly advocates on behalf of 137 WA Local Governments, possibly to keep its clients out of the civil court system and out of jail.

WALGA negotiates service agreements to enhance the capacity for local government’s to serve their communities. Unfortunately at a massively increased, exorbitant cost to the ratepayer with no positive result.

It trains Local Governments to do stuff, often using trainers who have allegedly stuffed up themselves in the past. Some have been Chief-Executive-Officers who were told long ago that their services are no longer required who have been reincarnated as allegedly highly skilled, advisory gurus to the plebs and counselors to councillors- happily ensconced on the WALGA bandwagon.

Its corporate partner is a corpulent insurer, LGIS, getting fiscally fat providing financial risk and other risk management solutions to Local Governments for a fistful of fees.

Mr. Templeman further enhances his rapidly deteriorating reputation by reminding everyone that WALGA is nothing to do with the State Government. It stands alone providing dodgy training and sub-standard advice to local governments on a fee for services and membership fee basis- meaning emptying the pockets of unprotected ratepayers.

He says Local Governments’ do not have to use WALGA. That is nice- so can they use all those departments within the Department of Local Government?

Of course not because Local Government’s are Autonomous. They cannot me made to listen and- they just pay WALGA to listen and learn some tricks of the trade and keep ratepayers in poverty.

Unfortunately Mr. Templeman is telling ‘porky-pies’ The Labor Party gave birth to WALGA and still breast feeds it with STATE GOVERNMENT GRANTS. (Grants that could be easily removed and probably be put to better use elsewhere.)

Now- if not sure of what a Grant actually is, it is a gift, a donation, a present of your money, by the Government to WALGA so the Department of Local Government can relax and do nothing.

Of course in late 2017, one of York’s favourite bureaucrats, Ms. Jennifer Mathews, the then Director of Local Government Regulation and Support, was the Deputy Chair of the WA Local Government Grants Commission, doling out hand-outs to the likes of WALGA because she and her department did not have the ability, capacity and claims it does not have the authority to Regulate and Support Local Governments.

So if Labour created it and Labour still feeds it- it is this Sate Governments’ baby, spoon-fed, by proxy, by taxpayers. Any other definition of the State/WALGA relationship is semantical bullshit!

Now who runs the magnificent advisory body? One is Ms. Ricky Burges who became Chief-Executive-Officer of WALGA in 2000.

Obviously, there is a problem with timelines and dates. The State Government claims, via WALGA Web, that WALGA was formed on 6 December 2001, yet Ms. Burges, according to WALGA, was the WALGA CEO in 2000 in a back-to-the -future type scenario with at least a 12 month time-warp.

As an employee, Ms. Burges could be considered as the ultimate, non-government/ government, professional, executive seat warmer and continuous formidable salary recipient.

She has been the Chief Executive Officer of Perth Zoo, Director of Human Resources at the  WA Tourism Commission and Director General of he Ministry for Culture and the Arts. But for the past 17, possibly 18 years she has had the best gig of all.

I am sure Mr. Templeman and the State Government will claim that Ms. Burges was the ideal candidate and now the ideal CEO running a sheltered workshop of Local Government support with her obvious previous massive in-depth knowledge of the Local Government Sector.

The all powerful Ms. Burges claims she ‘hires the best people I can find’. Just one of these is Mr. Dominic Carbone, former CEO of the City of Canning and other unfortunate councils as well as being the former President of SEAVROC, the South Avon Region of Councils which went down the  local government gurgler, bigtime!.

Of course her trainers include a ‘Brain Scientist’ who stimulates independent thought processes and a Reporter who tries to tell Local Government aficionados when to keep their mouths shut (except in President David Wallace’s case.)

And every WALGA needs a Procurer to handle high-risk procurement, a Trauma, Grief and Loss trainer and a Child Car Restraint  Specialist.

Maybe even a relative to round off the eclectic crew. Burges is not a particularly common name!

Ms. Burges is happy to tell everybody and anybody that ‘some Chief Executives in private enterprise are paid well in excess of what is conscionable. Maybe she should check out the salary package of Shire of York’s CEO, Paul Martin before sticking her Gucci loafers in her mouth.

Mr. Martin does not have to answer to a real board of directors, the ASX and shareholders and, apparently, not even to ratepayers.

The President of WALGA is Ms. Lynne Craigie who has been a Shire Councillor for 17 years. Supposedly there is some positive in this resume, but it is hard to ignite much enthusiasm especially when she has probably been in the game of drones way too long.

As the senior representatives of this peak body, these two could claim they represent the wants, needs, aspirations and the entire socio-economic interest of the local government sector in WA, the home of 2.6 million and around 1 million ratepayers

Not only is there the 137 Councils, the 1,250 councillors and 22,000 employees, there is also that pot of gold, in access of $300 million in government grants- as well as all those domestic and commercial rates.

For WALGA to act in the best direct interest of Local Government Councils, the councillors who are, supposedly, employers on behalf of ratepayers, and the employees is oxy-moronic, a virtual impossibility  and/or the biggest Conflict-of- Interest rort of all time.

Always save the best for last regarding what a crock WALGA represents.

It is all there on WALGA - Online Local Government Directory / WALGA-enlightening everyone about York Shire Council Statistics for 2015-2016.

Population-  WALGA’S GUESS- 4K – actual 3,500 approx.
Electors-        WALGA’S GUESS- 2K -  actual 2,500 approx.
Dwellings-     WALGA’S GUESS- 2k -  actual  1,800 approx.

Twelve hundred in statistical mistakes is not even close to acceptable. If you were using these demographic evaluations for any significant socio-economic advocacy, and service agreement purposes then your calculations should end up in the nearest rubbish bin.

NOW COMES THE BEST BIT:-

Rates levied:  WALGA’S GUESS- $500k- actual $3.6 to $4.8 million depending when the rates are finally collected.

Revenue:         WALGA’S GUESS- $1 m- actual $9 million plus.

Employees:     WALGA’S GUESS - 68-   - actual is currently unknown due to numerous appearances and disappearances. (But lucky York, given WALGA’s staff figure every 37 ratepayers have their own Shire employee to support to the tune of around $1,000, per annum.)

This gives another 12 million reasons not to trust WALGA.

It appears that WALGA has a different method of gathering extremely important data- like any figure will do.

WALGA is an extremely contentious issue as we move forward to the eventual release of the Local Government Act 2018. It is unlikely to be a panacea for all ills but people in power now know-maybe what they do not want to.

WALGA is a farce and could be responsible for the collapse of the current system of Local Government and governance in this state. As the peak industry body it is the pits.

The equation is one-tenth of Australia’s population pays for one-third of Australia’s Local Government Councils and WALGA does not know how to count that far.

James Plumridge has just published his synopsis on WALGA which is totally and utterly accurate, link: KNOW YOUR ENEMY: WALGA  It is good to see him back on the local government analysis hustings.

David Taylor.

IS THE PRESIDENT PLAYING MUM?

No! we are not talking about the warmth, caring and love associated with motherhood. ‘MUM’ in this instance means being uncommunicative, tight lipped and secretive about shire affairs to the detriment of other Shire of York Councillors, ratepayers and the community in general. If this is so then the President should go! There are disturbing rumours that the current President of the Shire of York, David Wallace, is being less than forthcoming with his colleagues regarding important information that he should be required to divulge to fellow councillors.

Apparently there are regular weekly meetings between himself and the Chief Executive Officer. How much of the content of these soirees is communicated to the other council members, singularly or as a group, is not known, and is a potentially contentious issue?

The only legitimate quorum on any vote on shire business at any Council Meeting is when it consists of Members who are fully au fait with all relevant details, proposed actions and after due deliberation -what could be the required, reasonable outcomes- before the meeting takes place.

This allows for an Absolute Majority vote by fully informed , fully cognizant Councillors- or a no vote or abstention if individual councillors are dissatisfied with any part of any Resolution.

It is a major part of the democratic process that allegedly exists in all Local Government Councils. Failure to do so turns ‘Democracy’ into a ‘Mockery’!

Mr. Wallace should be of the understanding that his status is as the titular head of Council answerable to Council.

His authority should be  limited to speaking on behalf of Council, when required to- when approved by Council by an Absolute Majority of fellow Councillors. Otherwise, the community can have their monthly viewing of the indefatigable Presidents Column that is more than likely authored by the Chief-Executive-Officer, Paul Martin, than by anybody else.

I am sure that Councillors are aware that  comments made to a very senior journalist, Mr. Tony Barrass, former Western Australian Editor of the prestigious The Australian Newspaper seriously backfired to the point that the President should rely on providing Press Statements created by others and not make unsolicited verbal comments to the Press. Putting it plainly and simply so everyone comprehends- Mr. Barrass misquotes no one!

As a result of these quotes- the case of Whitegum Air Park versus the Shire of York has now taken on a new dimension accompanied by far greater public scrutiny where York may once again be perceived as the historic, iconic idiot village.

It also includes the possibility of far reaching changes being made to the future independence of Local Government Areas in creating and enforcing local laws, principles and guidelines that could be challenged as being a travesty, a triviality, an inanity and arguably unlawful-all being of extreme detriment to individuals, businesses and 99.999 percent of the whole community.

What President Wallace had to say to someone who is a judge of the prestigious’ Walkley Awards’ the pinnacle of journalistic achievement, the only Australian reporter to have been jailed for refusing to give up his source of information and who has covered hundreds of major news events including the Port Arthur Massacre beggars logical belief.

President Wallace should have known that public comments made just prior to proceedings commencing at the State Administrative Tribunal could be prejudicial to the Shire of York’s case through regurgitating its past.

The Shire of York’s past serious disfunction was totally irrelevant to the article.

I am sure the members of the SAT had already read the article in the Sunday Times Newspaper, including President Wallace’s imprudent comments, when hearing the plaintiffs and defendants arguments from 10AM Tuesday June 12, 2018 and drew some conclusions regarding the validity of the Shire of York’s objections- but probably not in a positive way.

The Shire could also stand accused of acting on behalf of an incredibly small minority.

The President may need to be reminded that he is not ‘The Council’, there are six others also representing ratepayers and their hands-on engagement in reviewing, approving or rejecting all socio-economic development planning, and their correct interpretation of equitable Principles and Guidelines is of paramount importance to those who voted them into office.

Another timely reminder would be that, as a President, you were chosen to fulfil this role by your fellow councillors’ not through any specific endorsement by the ratepayers who voted. Also that numerous ratepayers are of the opinion that you represent the farming and sporting communities and little else.

Councillors should realize that if they are not appropriately informed, they become more vulnerable to accusations of individual malfeasance if they make a decision that is later found to be injudicious, improper, in breach of appropriate rules and regulations, based on false and misleading information or based on no information at all.

Ignorance is rarely if ever considered to be an adequate defence so this rule of law could be magnified in any new, strengthened and/or refurbished Breach Clauses within the Local Government Act, 2018.The principles that all Local Government Councillors, including York’s 7 councillors, should abide by is avoiding The Seven Deadly Local Government Sector Sins. It is as simple as that!

Sloth- is being too lazy or disinterested to understand your duties as councillor and perform them to a acceptable level of conciensciousness and accountability on behalf of those who put their trust in you.

Pride-should only be the desire to perform to the best of your ability as a council member for the overall betterment of the entire community. Pride is in your personal achievements on behalf of many others.

Wrath-is an unacceptable verbal or written potentially libellous reaction to those who question your ability as a councillor or threaten any authority you have as a member of council. To call members of the community drunks, idiots, stupid, vexatious and terrorists, as has occurred in the past, is impermissible behaviour that, in future, could see individual councillors removed from office in disgrace- without recourse to civil court action.

WALGA admits that much of this deplorable, offensive , vindictive counterproductive behaviour occurs between councillors themselves. It is suggested that for any councillor to impugn the character of a member of the public in their capacity as councillor is an exceptionally dangerous game to play as the Shire of York has found out for itself.

Gluttony-in this instance has nothing to do with binge eating or obesity, it means an insatiable appetite to use the position of Councillor for personal advantage. This can  be through use of privileged knowledge of requests to council regarding future mining, business and real estate developments for financial gain and/or act on behalf of third parties in Council without declaring any real or perceived Conflict of Interest.

Greed- can be to use your credibility as a member of Council to actively seek paid positions on other boards of management without declaring any financial, or any other interest when there is a necessity to do so. 

Or use your position to actively financially support  areas of personal interest when it could be considered not to be in the best interest of the majority of the community.

Lust and Envy- are sins that are up to individual councillors to refrain from engaging in when representing ratepayers and the community.

Now- as an intellectual exercise all ratepayers may wish to sit back and contemplate on how much they love York and whether they wish it to remain as it is or move forward for the better.

Part of this exercise is to remember each Councillor elected since Ray Hooper first became Chief-Executive Officer and rate them on their achievements and whether they could have been considered to be prideful, greedy, envious, lustful, wrathful, slothful or gluttons to the detriment of York?

Currently York’s longest serving Members of  Councillor are the President, David Wallace, and his former Deputy- Councillor Denese Smythe, who are the only two to remain from the Ray Hooper era.

Rumours abound that, because of extremely serious circumstances, an Executive Manager will end his employment with the Shire of York, probably by the end of next week.  If this occurs- two will have left in the past 9 months without any adequate explanation being granted to ratepayers by the Shire-which they should be entitled to.

Unconfirmed reasons allegedly bear some direct relationship to the actions of the Chief Executive Officer over the past two years which need to be correctly identified, examined and analysed to the satisfaction of ratepayers.

The CEO of the Town of Cambridge, Jason Buckley, was forced to step aside by Council pending an investigation in April of this year.

If they do not already understand this, an Absolute Majority of the Shire of York Council can demand that the Chief Executive Officer of the Shire of York must step aside should there be sufficient grounds to require, and launch, an investigation.

An Absolute Majority of the Shire of York can also demand that the President of the Shire of York step down from this position should they believe there are sufficient grounds to do so- as being in the best interest of ratepayers and the community.

The time may have come where 6 Councillors need to stand up and be counted to  ensure that the Shire of York’s reputation and that of the community is not continuously tarnished.

David Taylor

IN WHO’S NAME? (The Shire of York is advertising more positions than the Karma Sutra)

(Also it is official- BEVERLEY is a TOP TEN TOURIST PLACE to visit in Winter, York is not on the list and is considered an Olde –Worlde Face by an absolute expert. He is not being derogatory just descriptive.)  

Sadly the ‘Wallace & Martin Carnival’ is in some ways becoming more and more like a predecessor- the ‘Boyle & Hooper Happy Hour’.

Not in the fact there are now politically correct enforced smiles to those in the community considered vexatious- unlike the previous shire’s penchant for acerbic abuse, but that its rating among ratepayers is plunging to a new, all-time low.

The era of financial largesse, unprofessional administration, credit-card cover-ups, question marks next to some expenditure on financial audits, extended tours to interstate resorts on the pretext of attending Local Government meetings just to register- not attend, expensive fine dining and wining and unknown and uncredited gift presentations may have dissipated to a large degree.

But these have brought the Shire of York and thereby- the entire community- into disrepute to the point that is the only Rural Local Government Area to have been sacked once, suspended once, had two commissioners’, a President whose abusive behaviour forced a public apology and had its administration classed as defective (meaning rat-shit) by the WA Ombudsman, all in a little over one decade.

Many in the local government officer sector regard this as an incredible, unenviable record of sustained incompetence, impropriety and lack of probity that will make York, its council and administration, an employment pariah for years to come.

This means its ability to attract high quality, professional, Local Government Chief-Executive –Officers and managers are about the same as the odds on a snowballs chance of survival in hell.

Hopefully the likelihood of revisiting the Shire of York’s abject failures of the past will be stamped-out altogether by the Local Government Act 2018.

The possible past relationships involving the Baladong Farm development, any unusual local planning approval granted  to disgraced Real Estate Agent Colin King and his cronies, illegal coercive demands made of targeted local businesses and the unaffordable Shire-(nee ratepayer) financed tavern and unused convention centre are not directly related to the actions of the  current council.

You can add the behind the scenes machinations with the Shire of York and SUEZ causing the massive local angst regarding Allawuna Farm because the shire supposedly wanted 5 years of free rubbish dumping.

Any cost saving from the proposed SUEZ freebee-you can bet your bottom dollar would not have been passed on to the ratepayers.

However the combined collateral damage from much of the above is certainly this Shire’s problem.

Based on available information- the financial cost consequences are $45 million, over ten years, for desperately needed local road reconstruction, the guesstimated $15 million already spent on Forrest Oval Sports Complex and a minimum of $250,000, annually, to keep the Bar & Café’s doors open for a favoured few. (Complex- in this case- is the operative word.)

This is over what the current CEO claims is just multi-year repayments -a ratepayer soothing euphemism to make it sound that a required $62.5 million investment in debt accrual  fits comfortably within a total estimated $90 million income. There maybe even some litigation payouts to be made and a greedy clutch of lawyers to be paid. Also, obviously, there is the hunting down of all those considered recalcitrant -because they cannot afford to pay their rates.

Given current known rate levies and other funding, the Shire will be able to cover its salary and wage package component and very little else, with the available fund-scraps over the next decade maybe being as little as $2.85 million per-annum.

Will Wallace and Martin publically dispute these figures of creeping insolvency?

Probably not –why should they! They could be hoping like hell there will be a fairy-tale bail-out from somewhere.

Wallace and Martin could use the old chestnut that the importance of maintaining local roads has been downgraded over the years because ratepayers demand a broadening of the range and quality of local government services. (That may be if the majority of local ratepayers consider the Forrest Bar &Café a quality local government service which you pay the massive debt for, and then cough-up your hard-earned for a meal and a drink. Some may see this as double-dipping.)

They certainly cannot claim that letting local roads return to nature has been done to ensure lower rate valuations, peg rates to acceptable levels, increase other services, reduce service fees and provide meaningful rate concessions for all those who need them.

The previous dystopian dynasty had an extremely bad habit of promoting staff without merit-placing them in positions well beyond their capabilities which included the now defunct Deputy Chief Executive Officer post.

Mr. Martin, obviously with approval of President Wallace, appears to be doing similar things, even hiring, apparently without duty of care, candidates who may not be meeting the professional standards that should be required for the position.

And your Shire of York, with a probable debt you could not bury at Allawuna Farm, is HIRING NOW.

Firstly there is a pool manager for an allegedly decrepit Memorial pool and a lifeguard if all the water does not leak out.

Plus extra Visitor Information Officers are a must because visitor numbers are increasing.

If you read Saturday June 9, 2018 edition of The West Australian, its highly regarded Travel Editor, lists his favourite winter destination in the Avon as BEVERLEY.

York gets a mention as an ‘Olde-Worlde Face’ which certainly cannot be construed as any form of recommendation, just what it looks like to others.

Once again this requires a comment from both Wallace and Martin- but we will not get one.

So maybe it means York has become just a face without body and soul- and any character- therefore is as boring as bat-shit to visitors. So who do we blame for that!

So show the ratepayers these uplifting tourism figures that require the hiring of additional staff and the actual facts, methodology and business modelling that brought you to this conclusion.

Next comes the Forrest Bar & Café hospitality staff wants. This includes an unknown number of wait staff, bar staff and kitchen staff to serve meals two days a week to service whom?

But the best one is not advertised on the Shire of York website employment page- it is a Development Services Coordinator (Re-advertised).

Now Mr. Martin already has an Executive Manager Infrastructure and DEVELOPMENT SERVICES.

So the Shire of York can afford an Executive Manager and a Coordinator for what?

Maybe it is time for a Shire of York Council explanation of what Development Services means in a shire where there appears to be no development what-so-ever, just an attempt to suggest there actually is a pothole covered road to recovery.

‘Growth’, ‘expansion’ and ‘progress’ is what ‘development services’ mean created by positive intervention of departments within the Shire. It is time that the Presidential hermit, David Wallace, introduces us to what these are in his published monthly mumblings?

So here are some new ‘what–do-you-want and WTF –do-want-them-for’ questions for this CEO.

What did the CEO want? -  An Executive Manager Infrastructure and Development Services to replace an Executive Manager Infrastructure and Development Services?

Why did he want one? - The one, hand-chosen by him, left very quickly late last year?

So what did the CEO want next? - Another Executive Manager Infrastructure and Development Services?

What did he get? - Another hand-chosen (Acting) Executive Manager Infrastructure and Development Services?

So what does the CEO want now? - A Development Services Coordinator as well as a Development Services Executive Manager?

Why? Is the penultimate question and why now? is the ultimate one.

Obviously one answer could be is the Acting Executive Manager Infrastructure and Development Services is going to be inundated with requirements for his development services and requires backup!

One- because of the massive new shopping centre being built behind the Westpac Bank- and two- the luxury apartment block and Chic boutiques complex to be constructed opposite the empty Galileo book shop- so York quickly moves forward to being an Historic International Tourist Precinct allowed to sell duty free goods.  

Sorry just joking!

A distinct possibly is that the Acting Executive Manager Infrastructure and Development Services will be leaving very soon and already having half his replacement, will make it only half as embarrassing for the CEO.

But, because the position has had to be re-advertised, it appears that there may be no suitable candidates- or even no interested candidates at all- which makes it more embarrassing by the minute.

Shire of York Council additional staff requirements are two for the pool. As the other advertisement requires Tourist Information Officers, plural not singular, it must be at least two.

Hospitality staff is also plural for kitchen, bar and wait staff, suggesting at least 6 new mouths to feed.

This is ten new staff, probably not all replacing current staff. The two new Tourist Information Officers could well be on $10,000 per annum each, plus usual employment on-costs, say $25,000 all up. If they are not then it is basically slave labour.

The six at the Happy Haven Bar & Café could all be on similar sums, a total of $90,000, probably added to the current $250,000 to keep the doors ajar for the exclusive clientele.

If the position of Executive Officer Infrastructure and Development Services is retained with new Coordinator sidekick that will be combined salary packages including, mobiles, vehicles, accommodation etc. of around $250,000, $100,000 more than it is now.
Collectively the new staff hiring could cost ratepayers an additional $200,000 plus per-annum.

So what could be the reason? - One is that the Shire of York is trying to wallpaper cracks as it falls apart, or the CEO could be empire building. Neither of these scenarios will be of any comfort to York ratepayers.

David Taylor.



 

SHOULD THEY BE- OR NOT BE- THAT IS THE QUESTION

(The Wallace and Martin Quiz Show.)                                                                                                      
                                    

Once again let us assume that the Shire of York is a local government governing body democratically elected without ballot-box tampering and registers the will of the voting ratepayer, so is-

a) extremely popular with its ratepayers who are highly satisfied with its performance and the fair and reasonable rates they pay,

b) is totally compliant with all rules and regulations under the Local Government Act 1995,

c) is financially secure, is providing a strong impetuous for local socio-economic development within its community,

and

d) is transparent with its electors regarding each and all its dealings it undertakes on their behalf.

And that the Shire President and the Chief Executive Officer should be considered to be indispensable to the Shire of York’ future prosperity.

Mr. Paul Martin has already had his questionnaire put to him and, of course, refused to answer.

Mr. Martin could consider himself as not answerable to anybody- not the Minister for Local Government, not the Department of Local Government, not the President of the Shire of York and Council- nor the ratepayers.

However, there should be no impediment to Mr. David Wallace completing the following questionnaire in the public interest because he is supposedly answerable to, and accountable to- ratepayers. That is unless he has no viable, sensible and logical answers to the questions?

                                                   PUBLIC QUESTION TIME
                                                      Questions on Notice.

To the President of the Shire of York:-

1. Do you intend to seek re-election as Shire President or as a Councillor at the Local Government Election in October, 2021?

ANSWER-

2. What personal qualifications do you hold which are complementary to this position as it currently stands?

ANSWER-

3. What publicly acknowledged and personally quantifiable qualities do you possess to be President of the Shire of York at least until the Local Government Election in October, 2021?  (Please do not be shy)

ANSWER-

4)  As the senior Ratepayer and Local Government Area representative on the interview panel that selected Mr. Paul Martin as Chief Executive Officer- did you

a) personally, ask what qualifications he had to adequately fill the position on offer?

b) personally, ask for what reasons he resigned from office at the Shire of Port Hedland?

c) personally, ask for what reasons did he leave his  position at the Shire of Broome?

d) personally, advise him of the Salary Band he would be remunerated under based on population demographics related to the Local Government specified Salaries and Allowances Tribunal system?

e) personally, offer and/or agree to his remuneration package being above the award level?

f) personally, take any active part whatsoever in the negotiations?

g) could you please list the other representatives on this interview panel and who they represented?

h) in your opinion, currently, has your Chief Executive Officer met all the Key Performance Indicators you should require from his position to meet his obligations to the Shire of York Local Government Area, its ratepayers-Council and to you?

J) do you consider the Executive Staff employment opportunities offered to two personal acquaintances by the Chief Executive Officer has been based on merit including appropriate qualifications and meeting all other requirements- with you considering it was and is appropriate?

k) should any further legal and equitable actions be taken by third parties regarding any substantiated claims of dereliction of duty, unprofessional conduct, poor financial management, the disbursement of potentially false and misleading information or inappropriate and unethical behavior will you personally show your unqualified support for your CEO and his position if necessary?

i) in addition do you intend to support your Chief Executive Officer in fulfilling the term of his contract, extend the term, or offer him a new five (5) year contract before-or when- his contract expires?

ANSWER-

5) Since your election as Shire President have you personally overseen a major improvement and increased the socio-economic development of the Shire of York in-

a) population growth?- please specify and enumerate

b) business growth including your support for the White Gum Farm project?- please specify

c) new infrastructure development and maintenance?-please specify

d) social asset management, maintenance and development including but not limited to the Old Convent School, the York Cemetery, the Avon River, the York swimming pool, local footpaths, local roads and the Forrest Bar & Café?- please specify

e) tourism development including your support for the White Gum Farm project?- please specify

f) improved internal and community communications including vastly improved response times for Freedom of Information (FOI) requests from the local community?- please specify

g) improved financial auditing systems which prevent a single person, a consultant, contractor and employee receiving both a salary and an additional , substantial remuneration package or packages?- please specify

h) ensuring and improving the shires future financial stability including through the alleged $4.54 million annual road maintenance actual expenditure requirement that is approximately half the Shire of York’s annual income?-please specify

i) improved customer services, including those provided by the Shire of York Planning Department for business development including the White Gum Farm project?- please specify

j) improved Shire of York Records collection, storage and retrieval systems preventing excessive supposed loss of important documents- also improved redacting procedures?-please specify

k) improved the quality and legitimacy of local by-laws, Principles and guidelines including those applicable to the White Gum Farm project ?- please specify

l) improved access to  personal development programs for staff members?-please specify

m) increasing the number of Shire of York employees who have attained employment aligned tertiary qualifications since you took office as Shire of York President-please specify?

ANSWER-


David Taylor

NOTHING PRIVATE- NOTHING CONFIDENTIAL-NO WORRIES.

It would appear that within some WA Local Government Council’s there may be no constitutionalized moral compass, no properly defined ethics, nothing considered as being confidential or privileged and no principles regarding protection of private information- when dealing with correspondence from a member of the public.
Within the Shire of York’s hallowed halls there could be potential misconduct whether through just plain ignorance or pre-mediated Machiavellianism.

When it is internal memoranda or communications authored by someone within the Shire of York regime, which they are forced to release under the Freedom of Information Act, 1992, the often ridiculous redactions are there ostencibly to withhold, from the public, what it wishes to be considered as private and confidential.

The actuality is more likely to be that the Shire is attempting to withhold information and control the content of released documents that it fears may be damaging to itself.

Recently I emailed a ‘STRICTLY’ Private & Confidential communication directed personally to the President of the Shire of York only.

Mr. Wallace chose to distribute this communication without my authorization.

Firstly I consider this as a rather disgusting effort from a Shire President of any Local Government Area. This action should be considered to be in-breach of any decent, Local Government Area Code of Conduct.

Secondly there is such legislation as the Privacy Act 1998, that grants any individual the right to be advised when, how, where and why their private and confidential information is to be used.

Mr. Wallace’s actions could be argued as having a direct link to a previous communication that raised concerns regarding the performance of the Shire of York’s Chief-Executive-Officer- directed to him as the Shire President representing Council, all ratepayers and being in charge of the CEO’s performance.

Its content, based on released FOI documents, included allegations that the CEO had mislead Council regarding the qualifications of Local Government Engineering Consultant, Mr. Brett Howson.

Independent investigations allegedly show that Mr. Howson is not registered as a qualified Engineer, either then or now, with any recognized registration body or on his own Linked-in page.

Despite this, Mr. Howson was hired as an engineering consultant under the auspices of the CEO, firstly in 2016 to provide a “Draft 10-Year Road Program for Council- and then was employed by him as Acting Executive Manager Infrastructure and Development responsible for overseeing this program’s physical progression. It is a fair and reasonable question to ask why engineering qualifications were and are not necessary.

Included in this communication was a request made to Mr. Wallace for the matter to be subject to an internal investigation, and for the CEO to be asked to step aside for its duration.
Mr. Wallace failed to respond despite a polite request to do so. The matter should have been contentious enough for Mr. Wallace to respond in a timely manner.

Due to a lack of any response whatsoever Mr Wallace received the STRICTLY PRIVATE & CONFIDENTIAL correspondence which he chose to distribute to Shire Councillors without permission.

It was suggested within this email that failure to undertake any form of investigate could place local road users at personal risk through possible unprofessional supervision of road maintenance and construction.

Also that there was an attendant financial risk to ratepayers from a 10-year road program development that may be a inappropriately managed and fails to meet required local road engineering standards.

I would like to remind Mr. Wallace and the Shire of York that anyone claiming that they are a Doctor when they are not, may face serious consequences. Using the title Engineer when you are not, in certain circumstances, may have a similar outcome.

I will not bother to request any form of response to this from Mr. Wallace. Given the circumstances and the recent performance there may now be little chance for a display of accountability and professionalism normally expected from a public-office-bearer of his status.

A clear, concise, decisive explanatory response that resolved all issues raised, which should be expected from a Shire President, has not been forthcoming. Now Houston-there could be a problem.


DAVID TAYLOR.