JACKY (Jacqui Jackie) JURMANN Director at Glenwarra Development Services SACKED

SACKED

JACKY (Jacqui Jackie) JURMANN

pictured on left right

WANTED FOR QUESTIONING

Title: Director at Glenwarra Development Services

Demographic info: Western Australia, Australia | Architecture & Planning

Current: Director at Glenwarra Development Services

Past: Manager of Planning Services at Shire of York,

Development Assessment Planning at Port Macquarie-Hastings Council

Education: University of Western Sydney, Sydney TAFE, University of New England (AU)
NO DEGREES SPECIFIED.

The Shire of York financials due for presentation at the Ordinary Council Meeting 16 February 2015  identify that Glenwarra Development Services AKA Jacky Jurmann, is being paid the sum of $2805.00 for advice and services...?

Ms Jurmann is acting on behalf of the Shire of York against SITA, whilst, at the same time  acting on behalf of the York Race Club.

The previous CEO, Michael Keeble made no attempt at hiding the fact that Ms Jurmann had 'bullied' the present Shire of York planner Ms Kira Strange while representing the York Race Club.

Below are excerpts from the Fitz Gerald Report (suppressed) which highlight the  apparent inability for Ms Jurmann to act professionally and impartially.

7.47. On 20 March 2013, CEO Ray Hooper wrote to the department of Racing, Gaming and Liquor expressing surprise at the licensed alfresco areas identified on the Saint’s Liquor License Approved Plans.  Ray Hooper requested that the matter be investigated and rectified “as a matter of urgency” and that the outcome be reported back to the Council.  (See Doc 17)  A copy of the Council report that identified the areas approved by the Council was attached to Ray Hooper’s letter.

7.48. On 25 March 2013, the Acting Premises Manager from the department of Racing, Gaming and Liquor wrote back to Ray Hooper advising that the alfresco areas that his Department had approved on the Saint’s Liquor License mirrored the Maximum Accommodation Approval issued by the Shire on 16 October 2007.  (See Doc 18)

7.49. If this allegation is correct, Ray Hooper and/or the Planner Jacky Jurmann, should be asked to explain who drafted the letters to the Department of racing Gaming and Liquor.  Why was the prior Council approval documentation not checked before these letters were written to the department of Racing Gaming and Liquor?  Whose initiative was it to write the letters and what was the justification for the letters being issued.

There is no justification!

7.50. Saints Diner was opened on 1 March 2008.  It had complied with the planning conditions set by the Council in June 2006 and was signed off as compliant.  The Shire also signed a Section 40 Certificate for the purposes of a liquor licence application.

CEO Ray Hooper was the administrative authority in charge at that time, however, he was advised by Ms Jurmann.

7.51. Five years later, on 8 January 2013, the Shire issued a Direction Order to the Saints to either provide two on-site car bays at the development or pay cash in lieu, the amount due being $10,500.  The Saints appealed the Direction Order in the State Administrative Tribunal (SAT) and had the Direction Order overturned.

CEO Ray Hooper and Ms Jurmann refused to accept the findings of the authority of appropriate jurisdiction.

7.52. In a legal opinion from McLeod’s, dated 8 April 2013, the lawyers stated on three or four occasions that they were of the opinion that the original Direction Order may well be found to be invalid by the State Administrative Tribunal.

CEO Ray Hooper and Ms Jurmann refused to accept professional legal advice.

7.53. The SAT set aside the Shire’s Direction Order and the Planner, Jacky Jurmann advised Mr Saint in an email dated 11 April 2013 that action in relation to the Direction Order had been "finalised".

It could reasonably be assumed that Ms. Jurmann deliberately made a false and misleading statement.

7.54. Four days later, on 15 April 2013, a confidential report appeared on the Agenda for the Ordinary Council Meeting prepared by Jacky Jurmann which resulted in the Council resolving the Saints be advised to comply with the Direction Order issued on 8 January 2013 within 7 days, or face prosecution.  (See Doc 19)

Ms Jurmann, with no justifiable cause, demanded compliance with an invalid Direction Order.

7.55. Whilst a legal opinion from McLeod’s dated 8 April 2013 (See Doc 20) suggested that the Shire withdraw from the SAT appeal and withdraw the Direction Order against the Saints, they suggested that the Shire could prosecute the Saints for breach of the Town Planning Scheme in the Magistrates Court to achieve compliance.

CEO Ray Hooper and Ms. Jurmann colluded to undermine the authority of a duly authorised Government agency and undertake unjustified legal action.

7.56. It is apparent that McLeod’s were not made aware of the terms of the 19 June 2006 planning approval that the Saints had received from the Shire when this first opinion was prepared.

CEO Ray Hooper and Ms. Jurman may have withheld pertinent information.

7.57. By the time that McLeod’s issued a second legal opinion on 28 May 2013 (See Doc 21) it appears they had been informed of the terms of the planning approval issued to the Saints on 19 June 2006 and their advice changed completely, advising the Shire that they had no case against the Saints and that the Magistrate would probably find the Shire had approved the development without the requirement for any car bays

CEO Ray Hooper and Ms. Jurmann were prepared to have a case prosecuted that they should have reasonably known they could not win.

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7.58. This process would have cost the Saints a significant amount of time and money and personal stress and anxiety together with the loss of professional credibility.

7.59. In October 2013, Mrs Saint was diagnosed with Breast Cancer and underwent surgery in November 2013. At this time, and as far as Mr   & Mrs Saint were concerned, the open threat of some form of prosecution by the Shire of York still remained.  A very difficult personal decision was made by them to close their successful business entirely. A formal request was made to the Shire to have the property transferred to residential use as a result of their overarching concern that there may be more prosecutions by the Shire in the offing.  Having regard for assurances given by Jacky Jurmann in the past, which were then followed by prosecutions, the Saints may well be justified in their fears of further prosecutions by the Shire.

7.60. As it transpired, on the recent production of various documents to Mr & Mrs Saint, it became evident to them that the original planning direction issued by the Shire of York in January 2014 was invalid. The development fully complied with the Planning approval of 2006 and the Shire of York was fully aware of the fact which had been re-iterated to them on May 28 2013.

CEO Ray Hooper and Ms Jurman, deliberately and with probable malice, decided to pursue a prosecution on the understanding that their actions were unconscionable and could give rise to punitive legal action being taken against the Shire of York.

QUESTIONS FOR MS JURMANN

1. It has been alleged that Ms. Jurmann was given the option to resign, rather than have her employment terminated. This was done in an attempt to minimize any future legal exposure?

2. Ms. Jurmanns performance directly relating to this matter should exclude her from being employed, or hired under contract, by the Shire of York for any purpose?

3. Ms. Jurmann may in future be held accountable for her actions by a court of appropriate  jurisdiction?

4. Ms Jurmann has not provided sufficient information regarding her qualifications to adequately provide architectural and planning services to the Shire of York?

Ms. Jurmann should certainly be held accountable for her actions by the citizens of York.

THE SHIRE OF YORK BROADCASTS THAT IT HAS NO VACANT POSITIONS. THEREBY THE CURRENT SHIRE OF YORK ADMINISTRATION, ITS AGENTS AND ASSIGNS MAY BE ACTING IN A DECEITFUL, DECEPTIVE AND DISHONEST MANNER IN APPOINTING A CONTRACTOR TO UNDERTAKE EMPLOYMENT WHERE NO
EMPLOYEMNT VACANCY EXISTS.