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

MEMBERS BEWARE! “A 2018 Act of Attrition is coming”.

Crystal balls have been rubbed, press articles are being subbed and some advice has been snubbed as the review of the Local Government Act 1995 enters its second phase.

Visionaries knew that the State Government would seek early intervention to swiftly deal with sub- standard councils prior to having to hire a potentially inept commissioner -and be able to sack individual incompetent councillors thereby averting the need to put an entire council to the sword.

It had to happen. Over the past two decades twenty-one councils have been investigated, including the recidivist York council twice, with eight now being examined by various authorities. Four of these are from Rural, Regional and Remote areas.

The latest article in the July 28^th edition of The Weekend West has a less than flattering title ‘Early action bid on Dodgy Local Councils’ with ‘dodgy’ being a fair summation of how many ratepayers across the state consider the abilities of councils that represent them.

In particular there are the massive rate hikes with no corresponding increment in the extent and quality of services, the never-ending breaches of governance and local by-laws that stifle development.

Local Government Minister, David Templeman, appears to subtlety  admit that the underlying reason for the discovery of increased levels of malpractice is that local community groups are more effective in raising issues through the dramatic rise of an inquisitive, investigative Social Media sites which know more about local government affairs than he does.

It certainly is not related to any obvious improvement in effective control of local government by his department over shire and city councils and WALGA since he took over the portfolio.

Recently Mr. Templeman rejected the advice of the Minister for Regional Development, Alannah MacTeirnan that some regional council’s should be amalgamated.

Unfortunately for Mr Templeman, Ms. MacTeirnan, who has spent 25 years in politics, both in the State and Federal arenas, has far more credibility within the Labor Party hierarchy than he has. So her idea may well be revisited in the not too distant future.

So where exactly does the Shire of York stand as the new legislation inexorably draws to the end of submissions and towards deliberations.

It may well have a problem regarding the interpretation of the Local Government (Audit) Regulations Act 1996- Reg-17. It may also have some explaining to do regarding a criminal case currently being proceeded with in the Perth’s Magistrates Court relating to work-place issues.

Then, of course, there is the unexplainable financial largesse that is the Forest Bar & Café, a jumbo white bull elephant filling an empty convention centre conference room that may happily live there forever.

Now some tips on a tip.

Arguably the biggest problem faced by the Shire of York, the ratepayers and the community in general is the potential devastation that any approval of the Allawuna Farm Waste Disposal Project may deliver to York’s battered Real Estate market and what little tourist industry it has left.

It is perceived by the authorities concerned in this tips future is that the past and current Shire of York Council has never outlined any significant ENVIRONMENTAL ISSUES as good reason why the project should not proceed.

It also appears that ALKINA may be eager to get their machinery engaged in the major excavation required to bury Perth’s shit at Allawuna.

The problem they face right now is heavy rainfall and the raised water-table level that would appear to any environmentalist to be sufficient reason why ALKINA should not be digging there in the first place.

But then the experts from the Department of Water and Environmental Protection say that is not a problem. So let us pray they do not fall victim to Mesothelioma- or from chloride not fluoride after drinking toxic waste in their tap water.

Nor does the potential for road carnage on the Great Southern Highway between The Lakes and St. Ronan’s appear to be a worry because this not an environmental issue.

And the sun appears to be about to set on any ‘Sunset Clause’.

David Taylor.

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