Letter  to Minister Simpson and kindly copied to us from Mrs Saint 

Hon Minister Simpson MLA

Minister for Local Government; Community Services; Seniors and Volunteering; Youth

8th Floor
Dumas House
2 Havelock Street
West Perth WA 6005                                                                               9 January 2015

Dear Minister Simpson,

PAST LETTERS OF CONCERN AND COMPLAINTS RELATING TO THE SHIRE OF YORK

I would have written to you earlier but I was otherwise occupied, I remain troubled by the statements you made in the following article dated 17 April 2014:

Wheatbelt shire to probe credit card records after CEO Ray Hooper steps down By Sarah Taillier 

 No complaints received by Department about Mr Hooper

The Department of Local Government and Communities said it has not received any complaints about Mr Hooper's alleged misuse of his shire credit card, and therefore was not investigating his resignation. 

Q.   WHO ON BEHALF OF The Department of Local Government and Communities MADE THIS STATEMENT TO YOU , ARE THEY ABSOLUTELY SURE AND WOULD THEY REPEAT THIS STATEMENT AGAIN TO THE MEDIA IF ASKED TO DO SO?

(I would refer you to just one of the letters, that being a letter dated November 2008 to your predecessor Minister Castrilli questioning concern about use of the Shire Credit Card and other finances, as identified to 'the Department' in 'a report'.

I would also refer you to the content of the attachment which identifies responses to a small selection of letters sent to your Department's spread across a period of  4 years from 2009 - 2012 relating to similar concerns. These are responses which included statements of 'the Departments' intentions;  'scheduled visits to the Shire relating to compliance and governance issues', 'a strong monitoring focus on the Shire' and 'my Department is continuing to monitor the Shire of York'.)

Local Government Minister Tony Simpson said a report would come out of the council's investigation, which would identify how it went forward.

Q.   MR FITZ GERALD CARRIED OUT AN INVESTIGATION,  A REPORT WAS PREPARED BUT IT NEVER 'CAME OUT' - WHAT WAS IDENTIFIED AND HOW HAS IT GONE FORWARD?

"To have Ray resign, it's going to put a bit of a hole in York at a time when there's a bit of community pressure on a number of issues," he said.

Q.   REFERENCE 'bit of community pressure on a number of issues'  PLEASE CLARIFY WHAT THESE ISSUES ARE AND WHETHER 'it's going to put a bit of a hole in York'  REFERS TO THE SITA LANDFILL SITE?

"The department can seek... some legal advice on how they can process this along."

Q.   HAS THE DEPARTMENT DONE THIS?

"I'm aware that there are questions being asked about it and those complaints and concerns will be handed to Mr Keeble when he takes his position," he said. "So it will be up to him to pursue whatever actions are required in that regard.

Q.   AND SO MR KEEBLE DID - THERE WAS AN AGENDA ITEM AND A COUNCIL RESOLUTION TO EMPLOY FITZ GERALD STRATEGIES TO REPORT ON THE COMPLAINTS AND CONCERNS,  AS PAID FOR BY THE RATEPAYERS - WHEN WILL  WE SEE THIS REPORT?

"I'm sure if there are any concerns, the new CEO will look into all actions current and past of the shire."

Q.   YOU STATE CURRENT AND PAST ACTIONS OF THE SHIRE - PLEASE EXPLAIN WHY THE 'INVESTIGATIONS' BY YOUR DEPARTMENT ONLY CONCENTRATED ON 'CURRENT' ACTIONS OF THE SHIRE?

Q.   Based on the obvious and blatant failure to inform you of the facts as they exist, would you consider a probity enquiry into your own Department of Local Government and Communities ?

Q.   Why did you as Minister 'Take carriage of the Fitz Gerald Report ' when Ms Jenni Law from the Department of Local Government & Communities stated and I quote, "The complaint falls squarely of the shoulders of the Shire of York and as such, they must deal with it" 

Q.   On 17 September 2014 you complied with the wishes of the EX CEO Ray Hooper and allowed a recommendation for the CCC to become involved in the alleged leaking of the Fitz Gerald report yet, only weeks later, you ignored the contents of a letter from the York Shire President, with factual supporting documents, identifying (alleged) fraud by the same EX CEO and you refused to recommend referral to the same agency, Please explain?

Whilst this letter refers mainly to comments made by you in the above press release, there are numerous documents to support that your Department have had many dealings with the Shire of York concerning governance issues over many years.

I have purposely avoided other areas of concern to include financials, SEAVROC and SEARTG amalgamation matters, the Recreation & Convention Centre and compliance issues as I would prefer to keep it brief in order to receive a timely response to this letter. However, I will send separate correspondence and documents regarding these in due course.

As a matter of courtesy, I hereby inform you that it is my intention to offer this letter, past  correspondence and all supporting FACTUAL documents in my possession available for public viewing on the York blog page.

I am hopeful of a response by June,         
                                                             

Yours in anticipation,

Heather Saint

__________________________________________________________________

ATTACHMENT

In the meantime, here are some of the closing statements in a small selection of letters of response from the Minister, Minister's office and DLG  to York ratepayers' letters of concern....  

Letter addressed to Minister Castrilli                                                         

Response 29 January 2009

In addition, the Department has scheduled a visit to the Shire to assess a range of compliance and other governance issues.

Thank you for bringing your concerns to the Minister's attention.

Quentin Harrington,

Director Governance and Statutory Support

__________________________________________________________________

Letter addressed to Minister Castrilli                                                               

Response  30 July 2010

I have requested that the Department undertake a strong monitoring focus on the Shire in relation to the matters raised. To facilitate this, your concerns and views have been noted and will be retained for future reference by the Department. The Department may intervene and address issues affecting local governments, as and when necessary, in the interest of good governance.

Thank you for bringing your concerns to the Minister's attention.

Gary Brennan

Chief of Staff

__________________________________________________________________

Letter (on behalf of the ratepayer) was sent  from a Shadow Minister addressed to Minister Castrilli                   

Response 19 May 2011

My Department of Local Government has notes the issues raised by XXXXXX, is available to continue providing XXXXXX with ongoing advice and assistance, and is continuing to monitor the Shire of York.

G M (John) Castrilli MLA 

Minister for Local Government; Heritage; Citizenship and Multicultural Interests

__________________________________________________________________

A letter of complaint was sent from a ratepayer in January 2012 addressed to Jennifer Matthews, Director General.  This mail was unanswered by May 20J2.  The ratepayer contacted John Hyde MLA,  Shadow Minister for Local Government to request assistance in obtaining a response.

A letter (on behalf of the ratepayer) was sent  from John Hyde MLA,  Shadow Minister for Local Government  to Minister Castrilli asking for intervention with the outstanding Department.                                                                                           

Response sent  to ratepayer 25 May 2012

Whilst you may feel  that the information you have provided is evidence of illegal activity, the matters you raised fall into the low risk and/or minor non-compliance category under the Compliance Framework and have been progressed accordingly.

I believe that the Department has provided adequate advice on these and related matters and any further correspondence relating to these matters will be noted and placed on the file but may not be responded to.

Brad Jolly

Executive Director  Governance and Legislation

Gazette article
Click to enhance

Citizen Shame

The worst film ever made                                  

CAST (in order of appearance) 

Katrina Nicole Watts as “Kate Watts”, the thief extraordinaire who ruins York’s Tourist Bureau Inc. by stealing all its money.

Colin Barnett as “Premier C. Barnett”, Premier of Western Australia, a once rich state

Sally Boyle as “Mrs Sally Boyle”, revered wife of Citizen Shame

Anthony Boyle as “Tony (Big Boy) Boyle” the Shire President who shamed York, then helped to suspend its Local Council.

Jim Chown  as “Jimmy Who” a Liberal politician who Kate Watts helped get elected

_______________________________________

                                                      TO ALL IT MAY CONCERN
                                                                “CITIZEN SHAME”
                                             The photograph worth a thousand words


I draw your attention to the Shire of York Blog response from Mr. Terry Bull and the “Excerpt from a Press Release” from the hackneyed “Anonymous” nomenclature, dated January 9 and 8 respectively.

I am assuming that both these responses refer to the rather acerbic “Citizen Shame” blog, being an allegorical reference to Orson Welles’ famous movie “Citizen Kane”

Firstly I would like to congratulate Mr. Bull on his in-depth explanation of who several, allegedly, important political aficionados are. It is quite fascinating; however its relevance escapes me.

Maybe Mr. Bull is just suggesting some Liberal Party Demigods descended from Mount Olympus and blessed farmland in Katanning. If that is so, he has every right to advise all and sundry of this miracle.

The reference to Mr. Jim Chown, MLC’s, pastoral newsletter, by Anonymous, also has a fairly nebulous relevance other than the praise for Kate Watts support in organizing the visit. That is until you take into account that the Premier’s and Mr. Chown’s mentioned visit took place in 2011. Given this it should be faint praise indeed.

At that stage Ms. Watts had already been charged with theft from the York Tourist Bureau Inc., had faced court and had her case adjourned several times. This had been shown in the Court Lists and published in the media.

The offending “Shame” photograph is believed to have been taken on or about October 8, 2009, at the York Town Hall with Mr. Jim Chown, Premier Colin Barnett, Councillor Tony Boyle and Chief-Executive Officer Ray Hooper all standing close to the inimitable Katrina Nicole Watts.

At this time Ms. Watts had already spent two years in jail for stealing as a servant.

Just 15 days later Ms. Watts decided to steal around $32,000, being receipts received from the York Jazz Festival, which, officially, has not been held since, along with most other major tourism events.

For three years Ms. Watts refused to admit her guilt. This makes her rather lenient sentence of 10 months jail questionable as she was given “time-off” for being a good little thief and finally confessing 36 months and five court appearances later. So did someone ‘up-there’ help her?

Comments by the judiciary at her sentencing included that “she probably began stealing soon after she was employed” (by the York Tourist Bureau Inc.), “putting money in front her was like placing a box of matches in front of an arsonist” or words of similar effect and that  York’s (the Shire) own financial administration procedures could be questionable.

This makes Ray Hooper’s statement (below) that Ms. Watts “might have been enticed into taking funds”,
by the York Tourist Bureau Inc.-one of the most in incognitive assertions in human history.

This farcical declaration was within Hooper’s letter to the Presiding Judge requesting leniency in Watts’ sentence, on-behalf-of the Shire of York. (Incognitive means destitute of thought, knowledge and recognition).

I now reflect on the comments of two more members of the enormous” Anonymous” family, of January 7, being “I quite doubt Colin Barnett would have had any real or direct interest in the people in the above photo” and “the Premier has to suffer the indignity of anyone who wants to rub shoulders with him”.
Both wrong, but, giving the benefit of the doubt, it might just be the naivety of political newborns.

Unfortunately the photograph was taken(allegedly) at an official Liberal Party ‘Fund Raising’ function and all the guests had been invited to “rub shoulders” with Premier Barnett. As Liberal Party guests, the Premier had a “real or direct interest in the people in the above photo” because they had been specifically invited to meet him and hand over some cash. Obviously this included Kate Watts, who, it is claimed, was the organizational “Belle-of-the-Ball”.

How close is the Government of Western Australia to Katrina Nicole Watts (recidivist thief)? You can be the judge!

Three times she has been singled out for high praise for her electioneering efforts on behalf of elected Liberal Members in their inaugural speeches to Parliament. These can be viewed in “Hansard”, the verbatim record of parliamentary antics. This was all at a time when Watts had already been to jail for two years. (One of those elected is now a Government Minister.)

How close is the Premier of Western Australia to Katrina Watts? One “Anonymous” of January 8, claims to have witnessed Premier Barnett kissing “Katie” Watts on both cheeks. Quite forward and lacking in protocol for him to do this to a stranger! (This was also at a time when Watts had already been in jail for two years and was extremely busy pilfering from York Tourist Bureau Inc. coffers.)

Last but not least, in May 2011 Premier Colin Barnett, hired Dixie Marshall, former Television newsreader, as his Director of Government Media , a euphemism for  Media “Head-Kicker”
Potty-mouth Ms Marshall is one who had no hesitation in calling an ABC journalist a “sanctimonious moll”. Roughly translated it means “pious prostitute”- which is a contradiction in terms. )

Her role is to protect the Premier. So there have been many sanctimonious molls in her verbal gun sights. If she has not advised her boss of Katie Watts nefarious past then she is not doing her $240,000 per annum job, particularly when Jim Chown was praising Kate and Michael Watts
for organizing his and the Premiers’ rural excursion in late 2011.

Draw from these facts, what you will! However would the people of York have Kate Watts closely associating with the State Government and possibly raising funds for it?   David Taylor, former Syndications Manager (Editorial News and Feature Services) WA Newspapers Ltd, York ratepayer.

A former shire president of the Wheatbelt town of York says a "clean-out" of all council positions is needed to restore community confidence.

On Tuesday, York Shire council was suspended for six months following a State Government probe into ongoing complaints about its ability to provide good governance.
A commissioner, business consultant and former South Perth Mayor James Best, was also appointed to oversee the shire while councillors and staff undergo training.
Tony Boyle resigned in December after serving on York council for nine years, and as shire president for two of those.
Mr Boyle said he could no longer see a way forward for the council.
"They were dysfunctional in that there was no trust and accusations were flying left, right and centre," he said.
"It got to the point where a certain group of residents in the town were making it almost impossible to govern, with continual harassment to council and staff - particularly senior staff."
Mr Boyle has welcomed the suspension but said it may take an entirely new council to regain community confidence that has been lost over the last 12 months.
"I would prefer to see a new team but then again I wonder who would stand after seeing what's been happening," he said.
Mr Boyle has concerns the suspension has tarnished the shire's reputation and said the council should be suspended until October, when Local Government elections are held.
"I think a clean-out of all positions and then I really think this will pave the way for amalgamation," he said.
"But then again it poses the question; who would want to amalgamate with a council that's in the hands of a commissioner?"
Today, Local Government Minister Tony Simpson acknowledged that there were tensions between council and the York community.
"There are some issues to do with the wider community but I think the important part here is trying to deliver good governance for the people of York," he said.

Minister acknowledges tensions between council and community

In November, Local Government Minister Tony Simpson wrote to the council giving it 21 days to respond to concerns regarding staff conduct and procedures.
The decision to suspend the Wheatbelt council followed a two-month investigation into the shire's activities by the Department of Local Government and Communities.
In the department's report, it was alleged the shire had failed to maintain a proper documented record of its decision making processes, failed to deal with a code of conduct complaint in a professional manner and failed to control public question time at council meetings.
A number of allegations were directed at Shire President Matthew Reid, who has systematically denied the accusations labelling them as "baseless".
"There is no basis for those allegations and that's part of the evidence that we've provided but the Minister has chosen not to discuss that with council," he said.
"It's quite clear the statements that they're making...that we've refuted with hard evidence, as in tape recordings, to show that they're not accurate."
The department alleged there were ongoing conflicts between Mr Reid, the former acting chief executive Michael Keeble and other staff, which compromised their ability to make good decisions.
Mr Reid said the evidence the Minister and his department used to compile the show cause notice, which was issued to the shire to alert them of an intention to suspend it, was not accurate.
"There are some very significant flaws in the documentation that he used to draw up the show cause notice from and I'm very concerned that nothing is being done to rectify that situation," he said.
A spokesman for Tony Simpson said the Minister would not comment further on the matter.
Mr Reid said council still had the backing of the community.
"I think there is actually a lot of confidence in the council," he said.
"There were between two and three hundred people who came to the last town meeting to vote their support for council."

There are six things that the Lord hates, seven that are an abomination to him: haughty eyes, a lying tongue, and hands that shed innocent blood, a heart that devises wicked plans, feet that make haste to run to evil, a false witness who breathes out lies, and one who sows discord among brothers.

York Shire suspended by WA Local Government Minister Tony Simpson following complaints

By Gian De Poloni

Updated about 11 hours agoTue 6 Jan 2015, 5:01pm

Related Story: Shire of York council facing suspension by WA Government

Map: York 6302

The Shire of York council in WA's Wheatbelt has been suspended for six months following complaints about its ability to provide good governance.

In November, Local Government Minister Tony Simpson wrote to the council, outlining numerous concerns regarding staff conduct and procedures.
He was also unhappy with the shire's failure to properly manage and control a leaked report into the dealings of its former chief executive, Ray Hooper.
Today, Mr Simpson said the council could not prove why it should not be suspended.
"I have formed the view that there is sufficient evidence that it is inappropriate for the Shire of York's council to continue without intervention," he said.
"Nothing submitted to me by the Shire of York has changed my mind about the need for the council to be suspended and a commissioner appointed, so that's what I have done."
Councillors will now be required to undertake training in leadership, governance and meeting procedures, while business consultant and former South Perth Mayor, James Best, will be appointed as the shire's commissioner.
Mr Best will assume control of the council from midnight tonight.
The Minister said the appointment should help restore public confidence in the shire.

Investigation finds 'significant' number of issues

The decision followed a two-month investigation into the shire's activities by the Department of Local Government and Communities.
"During the monitoring period, a significant number of issues emerged, giving rise to concerns about the council's ability to effectively manage the operations of the shire and to provide good government for the people in its district," Mr Simpson said.
In the department's report, it was alleged the shire failed to maintain a proper documented record of its decision making processes, failed to deal with a code of conduct complaint in a professional manner and failed to control public question time at council meetings.
A number of allegations were directed at Shire President Matthew Reid.
It was alleged there were ongoing conflicts between Mr Reid, the former acting chief executive Michael Keeble and other staff, which compromised their ability to make good decisions.
In September, Mr Keeble resigned over abuse from ratepayers and a lack of council cohesiveness.
Mr Reid was also accused of inappropriate behaviour towards other council members and inappropriate conduct towards shire staff which had the potential to the cause significant industrial relations and welfare issues.
It was also alleged he secretly recorded conversations he had with Mr Keeble, a claim Mr Reid denied.
In its response to the Minister's letter, the shire admitted there had been shortcomings with its processes, but maintained suspension was unnecessary.
It said much of the information about the shire provided to Mr Simpson that formed the basis for his decision was not based on facts.
The shire called for an inquiry panel with the powers of a royal commission to investigate its past operations and affairs from June 2004 onwards, during the tenure of Mr Hooper.
Intricate details of an internal investigation into Mr Hooper's conduct were leaked on the internet last year, which the Minister said impacted community perception of the council and its ability to provide good governance.
Mr Hooper resigned in April 2014 amid allegations he misused his corporate shire credit card.
Mr Hooper denied the claims, telling the ABC he decided to resign following a "vendetta" by community members.
"It was a continual vendetta by two or three in the community who used signboards and letters to the editor and complaint systems and Freedom of Information applications," he said.
"Just general vilification of council, the organisation, staff, individuals over seven or eight years - it's just been unending."

Ratepayers will feel 'slighted' by the decision: acting chief

Current acting chief executive Graeme Simpson said he believed there were no grounds for suspension, but welcomed the Minister's decision.
"I accept that he has had the right to make that decision, but to say would I personally welcome it, no, I think there are other ways of fixing issues in a democracy like the Shire of York," he said.
"I just thought that they perhaps needed to get the message and be given advice while they're actually in office.
"They should have been left in situ, they haven't been, but that's the Minister's decision.
"We will be working with the commissioner, undoubtedly he will ask for opinions and make his own judgements on matter, but I can only make suggestions the same as I would to any council, so we'll see how it goes."
Mr Simpson said while councillors may benefit from training and guidance, ratepayers will feel slighted.
"They'll be disappointed that their democratically elected people have been stood aside," he said.

Mr Brad Jolly

A JOLLY RESPONSE

James Plumridge <#*^*westnet.com.au>
to shireofyork6302@gmail.com.au

Here's a copy of the letter I received from Mr Brad Jolly of the DLG in response to my letter of 6/12/2014 to Minister Simpson, posted on this website.

Mr Jolly declines to answer the questions posed in my letter because, he says, 'the Show Cause process is not complete'.

That is disingenuous of Mr Jolly.  Several of my questions related only indirectly to the Show Cause process.  Instead, they referred to the activities as detailed in the Fitz Gerald Report of previous shire administrations going back several years.  Among other things, I wanted to know whether the DLG had during that period received complaints from residents and ratepayers about aspects of those activities; what action, if any, the department had taken with respect to such complaints; and why it had taken no action, if that was in fact the case.

Those are questions Mr Jolly could easily have answered without compromising the Show Cause process.

He could also have been a bit more forthcoming as to what kick-started the process, i.e. what impelled the department in the first place 'to monitor the situation at the Shire'.  Did it do so in response to complaints from ratepayers and other residents, or merely at the insistence of a quadrumvirate of disgruntled councillors and former CEOs?  (I think we know the answer to that one!)

The 'monitors' would have come to the situation primed to find fault with the Shire President and council proceedings. 

By the way, I wonder if senior state government bureaucrats like Mr Jolly could get through a working week without using the weasel words 'appropriate' and 'inappropriate'.  On the evidence of this letter, as well as of the Show Cause Notice, I rather doubt it.