AN INTERESTING CONFLICT-

Regarding the Code of Conduct within the Public Service relating to Conflict of Interest determinations by Shire Chief Executive Officers.

According to numerous sources, York, has a multi-talented person who runs a tourism business, is a Shire of York employee engaged in project creation and promotion, is allegedly sometimes employed by the York Business Association and is the Chairperson of York Arts &Events.

In some ways this is highly commendable- but maybe highly untenable.

Apparently it has raised public concerns regarding ‘feathering a nest’ and of course the ever present Conflict of Interest. It has caused the alleged nest featherer to cry foul and claim it is a blatant attack on the persons character and on the community in general to the potential detriment of local participation in volunteering.

Unfortunately, there is an argument to suggest that this person may have been actually placed in a potentially invidious position by the Public Officer responsible, the Shire of York Chief-Executive-Officer, Paul Martin.

Conflict of Interest is a matter of both transparency and perception. So if the vast majority are not adequately informed and perceive that these matters, in their opinion, are a conflict of interest then there is a CONFLICT OF INTEREST.

Mr Martin is on record as saying the person was considered, by a panel, to be the best candidate to promote the York Recreation and Convention Centre that includes the highly contentious Forrest Bar and Café. The membership of this panel and their abilities to evaluate the qualities  of a prospective employee are not known by most and therefore this process currently lacks transparency.

Mr Martin claims he and one other discussed the persons involvement in potentially conflicting activities apparently considered extraneous by him under the Shire’s Code of Conduct.

Mr Martin insists that, in his opinion, the YRCC Project Officer’s role is part time, narrowly focussed and will not impact on York Arts & Events. 

Narrow focus is an unusual term to use when arguably the position of Project Manager is to ensure these premises increase their viability and sustainability including the improved public usage of a currently largely unsustainable asset. This existentially must include the introduction of new, promotable events, or why bother to have such a position at all?  You cannot forget all the new staff advertised for- who need to be paid.

To place himself in a position where he believes he will not be accused of making a fundamental errors of judgement, Mr. Martin may have tried to cover all bases by claiming both parties have agreed to actively manage any real or perceived conflict of interests.

The only way to accurately define what this means is that Mr. Martin suspects that his decision has the potential for what is a real conflict of interest .


In the latest agenda item SY104-08/18 – York Arts & Events – Request to Use Mount Brown,

clearly states:-

“DISCLOSURE OF INTEREST: Impartiality – YRCC Project Officer

is the Chairperson of York Arts & Events. This Officer has not been involved in the preparation of this report.”

Although it was this person who lodged the original application with the Shire on behalf of York Arts and Events, according to the item withdrawn from the July 2018, Ordinary Council Meeting. 

This suggests that the YRCC Project Officer and the Chairperson of the York Arts & Events, who are one and the same, and there is a real Conflict of Interest.

There is a pamphlet titled ‘Conflicts of Interest Guidelines for the Western Australian Public Sector’ co-chaired by Justice John McKechnie QC, the head of the Corruption and Crime Commission.

It is there to guide the decision making processes of senior public sector employees, including Local Government Chief Executive Officers, particularly when making local employment choices in a small community.

So did Mr. Martin read it and follow the rules prior to making the decision?

They are:-

PERCEPTION:- is highly important- so did he assure himself that his involvement in the decision making process would not be viewed as a negative decision by the majority of ratepayers?

PROPORTIONALISM:- did he adequately investigate whether his involvement would appear fair and reasonable in all circumstances to the majority of ratepayers?

PRESENCE OF MIND:- did he ever consider his official involvement would be questioned publicly by ratepayers?

PROMISES:- did he make any promises or commitments in relation to this matter of which ratepayers are not aware?

In the end- your guess is as good as mine!

David Taylor.

FROM RV TO RRV

RV means Recreational Vehicle and RRV means Ross River Virus and herein lies a tale- this financial year will mosquitos descend on York’s muddy, polluted waters like they would on a varicose vein? They did in a short time in 2017 with allegedly six (6) RRV cases reported.

But firstly here is a review of some ‘not-so-wise-words’ from CEO, Paul Martin, who may suffer from tinnitus, myopia, RRV, misunderstanding of the written word or has graduated with ‘Torus Excreta Honours’ in Public Service ‘avoiding serious issues’ classes.

Within last month’s Council Meeting agenda he was asked the legitimate question of what engineering qualifications did the former Executive Manager Infrastructure and Development, Bret Howson, have?

Mr. Martin’s response was to direct the questioner to www.howson.com.au to view his ‘management capabilities and experience’.

Howson’s management skills and experience was not the question- it was did Howson have verifiable documented evidence that he had reached the status of a professional practitioner of civil engineering?

It is believed the real answer is NO! and this fact becomes even more pertinent when you find that Mr. Martin recommended him as such in a memorandum to Councillors two years ago.

Mr. Howson’s glitzy web address is Howson Management created by the team from “Brandicoot” an  unfortunate title for a web designer. Coot has the synonyms dullard and old fart!

Howson specializes in design, asset and project management, strategic planning and marketing and has recently spread his expertise into the Northern Territory and South Australia. Lucky them!

His team is currently providing a seamless design, creation, management and eventual celebration for the Gunbarrel Highway, 1,000 kilometres North-East of York, at Wiluna . Lucky us!

Did he arguably provide, create and bring to successful fruition positive designs, assets, plans and marketing strategies for York to celebrate while an employee of the Shire, temporary or permanent – Not that anyone is aware of!

Were qualifications mentioned within the promotional ‘Brandicoot’ rhetoric?-none!

The second major issue is the pessimist’s proverb ‘believe only half of what you see and nothing of what you hear’- or READ.

Mr. Martin supposedly employs staff to act in the best interest of the Shire of York Council on behalf of the ratepayers.

It is incumbent on the CEO to ensure that these staff members have ALL THE QUALIFACTIONS NECESSARY to undertake their duties to the standard required by ratepayer and community expectations.

To suggest that anyone should source their knowledge of an employee’s actual professional prowess from their promotional website is farcical.

It is like saying that the Big Four Banks promotional advertising campaigns are true and correct in every way- when it has been proven beyond any reasonable doubt that they are having a lend of those who they lend to. And you keep on paying bank fees after you die.

Mr. Martin’s assessment of Mr. Howson’s engineering prowess has probably caused limitless financial damage to local ratepayers.

Just a quick calculation puts it at $500,000 without the costs of rectifying the alleged damage and what he was paid while doing it.

And now comes the RV’s

At February’s Council meeting Mr. Martin (the responsible officer not anybody else ) was tasked with developing and implementing a new or improved site for Grey Nomads and their self-contained travelling apartments.

Anyone who comes to York willingly, indeed any inland town which is not on the blatantly incompetent WA Tourism Commissions promotion radar, should be encouraged.

An advisory suggests that any revised RV location was a toss-up between the areas of land known as Mongers Reserve, a flat well drained stable area between the Coffee Carriage and Balladong Bridge or the loam based, poorly drained smaller parcel of land next to the York Croquet Club, on the Eastern bank of the river Avon.

For reasons known to their hip-pocket nerves it appears that the newly established York Business Association may have gotten involved and taken umbrage to the idea of relocating the RV Park from Avon Park without paying heed to the alternatives.

Allegedly, some in a fiscal funk fired email shots to every caravan club in WA advising that Council planned to put an end to RV’s using Avon Park in the mistaken belief there would be no RV facilities at all.

Mr. Martin’s (the responsible officer and no-one else) unbelievable recommendation was a $80,000 RV project next to the York Croquet Club that remains a washout rather than the Mongers Reserve site that would have cost just $30,000 and now probably be open and operational.

It should all have been finished on June 30, 2018.

Obviously, Mr. Martin has had to seek some approval, including a licence for land use from the Water Corporation regarding the Eastern swamp as the “Rivers Edge Club Med project”.

Has this happened?-who knows. Maybe the Gross Pollutants Traps and other large drainage pipes to prevent water flowing down from the cemetery to leave big brown stains in the river are not there yet?

In fact, they are not- and most of the earthworks completed have completely disappeared into the Avon. Maybe the whole lot of it- earthworks and seal $25,415, Kerbing (otherwise known as curbing) $12,875, drainage $9,000, landscaping $12,670 and lighting/services $20,000 will end up in a watery grave.

So far it appears that around $70,000 has already been washed away- leaving just $10,000 to pay for $79,960 worth of earthworks, seal, curbing, drainage, landscaping and lighting/services.

Once again it seems there is another stuff-up on a different day. Currently this project is a GROSS MUNICPLE MONEY TRAP which could well cost double the original projection-maybe more.

And the Shire of York is rapidly descending into bumbling, stumbling, fumbling mess which its ratepayers do not deserve and should not tolerate.

Mike Nahan, the Opposition Leader says that the print media such as The West Australian have lost reader interest and therefore community relevance.

Social Media has, in a way, taken its place and must be responsible.

Harsh criticism is not what Social Media should be all about. It suggests exaggeration and being too severe and unpleasant.

Unfortunately, in the Shire of York’s case in particular, with the CEO and President there are way too many unanswered questions, far too much money being spent and far too many muddy ponds of brackish water in town- without a legitimate answer.

If they feel that Too Harsh a Treatment Feeling, get used to it or actually do something positive that all of York can applaud.

What should happen if you get a dose of RRV from York’s black lagoons, send a copy of your medical bills C/O the Shire of York and Howson Management

David Taylor.

“WATERWORLD”

Twenty-five years ago Kevin Costner starred in this post-apocalyptic extravanganza
where the Polar Icecaps had melted leaving nothing but seascape. The budget was blown out of the water and it bombed at the box office.

Now it would appear that York’s past engineering guru, Bret Howson, has starred in his own mini under- water bombshell in Avon Terrace and blown another large hole in ratepayers pockets turning his pipe dream into everyone else’s nightmare.

In fact it is allegedly a $250,000 nightmare meant to stop storm water from flooding the gardens of the 3 new stilt homes, built way up high to keep the floorboards dry- because the area is subject to flooding.

As the photographs below show, this project has been spectacularly unsuccessful leaving the property developer, like the AMI insurance advert says- up ‘Ship (or if you prefer Shit) Creek’.

And as many ratepayers struggle to keep their heads above water, the Shire has blithely splashed out   municipal funds on a submarine pen when they do not have one.

Prior to purchasing and developing the land, the developer knew the area was in a natural watercourse and prone to flooding, hence the requirement to build on stilts.

With hindsight the developer should have realized that he was dealing with the Shire of York Executive Management where 250,000 things could go horribly wrong.

As a self-proclaimed visionary Mr. Howson’s personal business mantra is to ‘have a simple but positive vision, respecting and understand every task we do-providing services from project inception to construction and celebration’.

This is an intuitive, imaginative, insightful and mind-soothing slogan where the celebrants can celebrate up to their necks in dirty brown floodwater.

While shifting the garden deckchairs on the ‘Titanic’ the Shire’s latest, part time consultant engineer, has been busily getting quotes to lay pipes under the road directing stormwater to the river, which is, allegedly exactly what should have happened in the first place.

According to the law, the owner or occupier of an up-slope property is not liable for flooding problems merely because surface water flows naturally from their land on to lower land.

Putting it succinctly- when surface water is a natural watercourse upon the land from which it flows, as distinct from water artificially brought or concentrated there (such as a dam) and allowed to escape, the owner is not liable merely because surface water flows naturally from his land on to lower land.

Taking into account this Avon Terrace U-Boat pen is a natural watercourse, why were ratepayer’s forced to fund this project in the first place and why did the project sink to the bottom of the harbour?

It is a quarter-of-a-million dollar question that only the Chief Executive Officer, Paul Martin, should have to answer.

David Taylor