Shire of York

Shire of York

Tuesday 24 March 2015

NOTES FROM UNDERGROUND 4 James Plumridge



Follow that bull!  And take a bucket with you… 

Over the last couple of days, I’ve been looking more closely at David Morris’s Briefing Note to the Minister (see the recent article Morris Dancing with the Mob).  I’m talking about the document that revealed Cr Pat Hooper’s role in persuading Mr Morris, and through him the Minister, that the only way to save democracy in the Shire of York would be to suspend the Council for at least six months. 

I say ‘at least’ because I have a sneaking suspicion that Minister Simpson has a mind to go on with the suspension for a bit longer—say, until all we ‘passionate extremists’ have gone to our reward and the shire is safe for a new generation of rustic despots and their departmental overlords.

Not that Cr Hooper was the only influence on Mr Morris, who seems to have entered more than once into secret conclave with a couple of former councillors and two disaffected former CEOs.   

Mr Morris may also have offered a receptive ear to the grizzles of members of Shire staff irritated by that interfering wretch Shire President Reid, who kept poking his nose into Shire business that didn’t concern him, which of course from their perspective was pretty much all of it.

I have found no evidence that Mr Morris or his colleagues offered a receptive ear to the complaints of President Reid about serious improprieties in the Shire administration.  President Reid was left languishing out in the cold, where he remains to this day, wandering like a weary ghost through the desolate streets of the town he loves.

Anyway, back to the Briefing Note, which is proving to be a treasure trove for ‘snappers up of unconsidered trifles’ (Autolycus in Shakespeare’s Winter’s Tale, if you’re wondering). 

The note doesn’t tell the full story of the so-called ‘Probity Audit’ and its aftermath.  To find that out, we‘ll have to consult Briefing Notes E1437502 and E1437589, which in our case we have not got and if Brad Jolly, David Morris and their colleagues have their way we’ll never get to see.

What the note really does—all the nabobs from the Director-General down signed off on it— is demonstrate that in the opinion of the Department of Local Government and Communities honesty is far from being the best policy in dealing with the Shire of York.

The Department received the Shire’s response to the Minister’s show cause notice on 15 December 2015.  Mr Morris’s briefing note is dated 22 December 2014.  In effect, Mr Morris had at the most six working days to study and discuss the response, which given its complexity hardly seems adequate, and I’m fairly sure he would have had other important things to think about, like his Christmas shopping.  As he says, the response ‘contains a raft of information and commentary’ (hundreds of pages of it, as I recall).  

However, according to Mr Morris that information and commentary is ‘not specifically related to the areas of concern detailed in the original notice’.   To borrow from Commissioner Best’s lexicon, that is bullshit*, even more so than the show cause notice, which contained a raft of spiteful untruths and was as poorly drafted as the worst document I’ve ever seen issue from a lawyer’s office or government department.

I will go so far as to say that Mr Morris’s entire ‘analysis’, as he calls it, of the Shire’s response is bullshit.  All it does is reinforce the idea, shared by many, that the whole process of probity audit, show cause notice and suspension was a stitch-up from start to finish. 

The departmental nabobs had to find some way of protecting their own backsides, and those of their mates in York, from the reforming zeal of Shire President Reid.  Who knows what inconvenient truths the idiot** might have turned up, if left to his own devices?  ‘Good governance’ had bugger-all to do with it.  It was all about self-preservation.

Significantly, Mr Morris tells the Minister that despite the Shire’s request for an inquiry into past wrongs, ‘…the course of action undertaken to date has been to seek to rectify current concerns and deficiencies.  It is not intended to revisit historical issues’.  You bet it wasn’t. 

Casting my mind around for historical parallels, I’m reminded of the Soviet invasion of Czechoslovakia in 1968.  Admittedly, that took place on a much larger scale, with tanks, guns, soldiers in uniform, international protest and a student self-immolating in Wenceslas Square, but most other ingredients, including a nest of perfidious conspirators, were present in York. And we now have our own Gustav Husak, briefed by the Department to ‘normalise’ Shire Council actions and procedures.

To paraphrase Karl Marx: Historical events always occur twice, the first time as tragedy, the second time as farce.  (He had to be right about something.)

·         Bullshit:  At the ‘Council’ meeting on 23 March, Mr Best denied using this word, much to the amazement of a young woman present who had heard him thus describe the contents of the blog.  The word he actually used, he said, was ‘pathetic’.  Did he use that word in its primary sense of exciting sympathy, or in its modern vernacular sense of ‘miserably inadequate’?  You be the judge. (I still think he said ‘bullshit’.)

**    Idiot:  This is another word Mr Best has denied using, in his case to describe contributors to the blog. I’m beginning to worry about his memory. 

Priceless Historical Document Discovered in Shire Safe

Readers with a love of history will be stunned by the news that I have in my possession a rare copy of a priceless relic on a par with Magna Carta, the Grand Remonstrance of 1641 and the American Declaration of Independence.

The original is kept at the back of a locked safe, guarded by dragons, in the Shire’s main office.  My copy was made and smuggled out to me under cover of night by—no, I can’t tell you, sorry, I won’t put innocent lives at risk.

By now you may have guessed that what I’m talking about is Ray Hooper’s letter of resignation from the position of Shire of York CEO.  Dated 15 April 2014, its deathless prose has the power to stop traffic, move the bowels and bring a tear to the eye.  I find particularly affecting the reproachful tone of the third paragraph, in which he accuses the Council of failing to provide him ‘with a safe and secure workplace free of fear, intimidation and denigration’.  I’d never before thought of Mr Hooper as a friend of irony.

The veiled threat of legal action in his final paragraph is nothing short of a literary master-stroke.  Pure genius, to introduce just at that point a note of subtle humour.

You can see the letter below.  Respect it, read it with reverence and attention.  Tread softly, reader, because you tread on his dreams.





44 comments:

  1. It was he who did not afford freedom of fear, intimidation and denigration to those of the populace he took a dislike to. In that, he failed in his duty of care for the community he was here to serve. He resorted to public denigration of others in the form of a 'Yellow Memorandum' early in his employment here, branded others for years, wrote disgusting letters to those whom he had made enemies of (who, had he treated them as worthy of the respect all citizens are worthy of, would have been potential allies — although the idea hurts a little) and all those things which have been referred to in blogs from when this site began. He needed no protection. He had a very thick skin. Although perhaps some of his officers may have served as protection in their way, and perhaps still do 'after the fact' (though maybe this term is incorrect here, and I should just say 'to this very day' or 'in his wake'.

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    1. Ray's letter is dated 15 April; he tendered his resignation effective as of 4 August. He must have got a nasty shock when the Council told him to eff off straightaway. I wonder in which direction Pat, Tony and Mark cast their votes?

      We shouldn't forget that the immediate spur to Ray's resignation was the cruel, vicious letter he wrote to Simon Saint on Shire letterhead without Council's imprimatur. We all owe the Saints a huge debt of gratitude. Ray put them through hell for years for the heinous crime of asking questions about how the Shire spent money and in particular for details of spending on his corporate credit card.

      I will never understand why that kind of information isn't freely available in financial reports and online. It's our money, we have a right to know how every cent is spent. We shouldn't have to go via FOI to get it. Secrecy about spending public money is the first step on the road to financial corruption.

      Yes, I believe the sorcerer had his apprentices, and it's sad to see James Best and Graeme Simpson insensibly falling victim to their enchantments, as Michael Keeble seems to have done in his day. For heaven's sake, gentlemen, wake up and face the facts before you are lost to the truth forever.

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    2. I am truly staggered at Hooper's resignation letter, everything he has accused others of doing or not doing, he is guilty of himself. Hooper had no regard for "natural justice", to the extent that those victims who sought "natural justice' and got it via outside jurisdictions , were still haunted by Hooper.
      He was a truly vile man.

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    3. James P 25 March 2015 at 08:19: As one who keeps my ears and eyes open, James B is afraid of being taken to court by Ray H if the latter hears of him saying anything negative about him, so he is avoiding the risk of being caught doing so. Have no idea whether this is the case with Graeme S, but it could well be the case. We all are not the only ones subject to intimidation. Tall poppies are, too. I fear there is an element of us all struggling through the proverbial together.

      I feel there is a lot of struggle going on. It is an unpleasant place to be. I do not like it at all; but pretending we don't see it will catch us in a deeper trap. So while you of the Underground discover unresolved dirt, others of us are keeping watch just above ground. And we may learn something yet.

      I can tell you that not a few people have expressed to JB that they have become cynical about the chances of all the talk in his groups actually leading anywhere, since much of what was planned before, over the years in similar forums and groups, has actually never been acted on. Some people are hanging in there just by a fragile thread of hope that yet some good may come out of it all.

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  2. What about the lives he deliberately and relentlessly made untenable here in York?

    Ray did not have the guts to face those whose lives he destroyed and he would have found it impossible to work with an honest Shire President THAT is why he resigned.

    Ray has revealed more than he realised in his pitiful resignation letter.
    The choice of words Ray Hooper used says it all. Fear (his tool for control), intimidation (oh yes, he was a master and had several students) and denigration (remember the yellow memorandum on Public Notice Boards Ray?)
    Ray is blaming everyone for his own personality and character short comings - typical of a coward!

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  3. One could spend hours critiquing Mr Morris's briefing note. A classic example is his bland "it is not intended to revisit historical issues". So he covered his back by advising the Minister of that, but I suspect that the Minister was not aware, or not fully aware, of just what that actually covered up, including it being one of the main reasons for the problems at York.

    Another little gem is his "raises issues of credibility" about the Shires response, but then goes on to acknowledge that a certain person had NOT signed a purchase order as had been alleged by the DLG. If that doesn't raise issues of credibility I don't know what does. Just how these super sleuths get such a basic fact so wrong is a sure sign of their competence.

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  4. Dear Blog Master are you able to post a secure email address that provides confidentiality with an assurance that it is not shared with any third parties? If so, I'll make contact with you with a couple of gems for future investigation.

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    1. Absolutely..... shireofyork6302@gmail.com

      Delete
    2. In addition to that, and presuming that FOI requests shall continue to be lodged, how does one go about securely and relatively anonymously donating funds (while at the same time protecting the recipient of such donations from any kind of ATO attention or charge of misuse of funds, etc, etc, etc) to such a worthwhile cause ?

      Letter writing is great. "Power to the people" and all that. However, mere "liking" stuff on facebook and blogs and endlessly telling the same stories to neighbours will never be enough.

      We all need to be putting money where our mouth is if the injustices of the past are ever to be properly dealt with and a better future for not only York but also Western Australia is to be achieved.

      Let's face it. The only way the b****** will ever be kept honest is if they are given no room to be dishonest.

      To do that, they have to fully realise and understand that virtually everything they do as a public servant is (and basically by law) part of a publicly available record and that they can end up in deep do-do if they fail in their record keeping, too.

      That one way or another the truth will come out and they ought to always be on the good side of it.

      To achieve that, it is unfortunately going to cost the rest of us even more.

      Personally, I think it will be money well spent if it suitably deals with those who abused their positions of trust and chose to serve themselves rather than the people and community who employed them.

      Think of it as investing in a positive collective future while also providing a degree of assurance that those who have shown themselves to be unrepentant enemies of all that is good and decent will only be remembered as scoundrels worthy of scorn, derision, and pity.

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    3. Proverbs 22:1, i.e. 'A good name is rather to be chosen than great riches, and loving favour rather than silver and gold': Believe me, FOI applications will certainly continue to be lodged. We're in for a long, slow process, but truth will out in the end.

      There is a fighting fund: it's called FOI Campaign York. The account is held at Bendigo Bank, Avon Terrace: BSB 633-000 a/c 153758503 in the names of J V Plumridge and B Lewis.

      You have the option of donating anonymously if you wish. If you donate and would like a receipt, please email me at james.plumridge@gmail.com and tell me where to send it, or better still, ask for an emailed receipt (saves the 70c for a stamp). Some people have already donated whose names I have but no contact details; I invite them to email me for a receipt.

      To those who have already donated, I offer my heartfelt thanks. To those who would like to help: all donations are welcome, no matter how small. 'Mony a mickle maks a muckle', as the Scots proverb goes.

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    4. Fair's fair again25 March 2015 at 17:12

      James....
      If I'm not mistaken, the suspended Councillors still receive an allowance. I believe the allowances are in the region of $7000-10,000 per year. Reid has apparently forked out a fortune already which leaves Hooper, Wallace and Smythe. Forget Hooper, the last thing he wants is the public discovering he's a mole for sure. That leaves Wallace and Smythe, who's combined allowance for 6 months during the suspension is approximately $7000-$10,000, why don't they pay for the FOI?

      Delete
    5. Thats a valid point, but in reality no one should be paying for the information, not when you look at the Departments annual budget, which we contribute to, $5000 in comparison is a piss ant figure.

      Delete
  5. Extract from eWatch:

    In a separate incident a 45 year old male from York was charged with Driving Under the Influence of Alcohol. He was stopped by us in Grey Street, York.
    His breath reading was 0.212%.


    This is the stupid behaviour of some people who have no regard for their safety or anyone else.
    Both will appear in the Northam Magistrates Court early next month. Their drivers’ licences for these type of offences are now suspended on the spot.

    Could this person be the star of Notes From Underground 3?

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    Replies
    1. Yes, officer, well spotted, it certainly could be, say no more squire, nudge nudge wink wink.

      Delete
    2. A nod is as good as a wink to a blind horse (or bat).

      Makes for good reading on a curriculum vitae.

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  6. Re Extract from eWatch. If it is, he should be sacked. Oh, hang on a bit, if the offence was committed outside working hours the Shire takes no action to protect the community right?
    In the mean time (behind closed doors) a couple of senior staff will move heaven and earth to organise immediate legal assistance for the employee, by way of a Barrister or perhaps a Queens Councillor....... at Ratepayers expense!
    I wonder what creative accountancy they will use in the financials this time.

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    1. You don't understand, officer: in York, things are different if you're a friend of the management, the normal rules of conduct don't apply.

      When the said gentleman turned up to my friend's house and chucked rubbish into the premises and called him very rude names, my friend complained to Graeme Simpson the Shire's Acting CEO. Mr Simpson told my friend there was nothing he could do because the incident took place outside working hours. Make of that what you will.

      After the incident in Grey Street, I presumed the gentleman in question would lose his licence, followed by his job, because having a licence was one of the criteria for getting the job, though that didn't seem to matter when he got it.

      My spies tell me he is now being chauffeured around the town for work purposes by colleagues. I don't know if that's true, I haven't been able to check it for myself, but the news didn't surprise me.

      I suppose that if this is his third DUI, he will lose his licence for life. If not, he'll lose it for a specified period, meanwhile applying for an extraordinary licence. In the latter case, he will get a 'boss's letter' supporting his application. As you know, such a letter usually helps a great deal to encourage a magistrate to rule in the applicant's favour. No wonder you blokes are sometimes driven to despair.

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    2. Let's not be too hasty when it comes to this poor blokes job. We should take heed of Ray's philosophical viewpoint and not forget the basic principles of natural justice. Let's give him the same procedural fairness offered to members of the community, without fear or intimidation. A flutter through the pages of his staff workplace agreement 2008 might reveal a convenient loophole.

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    3. How do we get hold of his workplace agreement? Do you have access to it Veritas?

      Delete
  7. The post has several parts. Age 45 is too young for two of those you may be thinking of as suspects, and one of the two left town long ago. The other doesn't drink that much. Doubt whether the third person ever would or did fit the criteria. This seems to be an inference too far.

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    1. Sorry, Anonymous, I know who the gentleman is. I have friends in high places, too.

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    2. But others seem to know something I don't (not entirely unknown, of course), so I am hereby declaring an open mind, cf. 25 March 2015 at 18:24

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    3. And I have friends in low places, it is who we think it is.
      Presumably the Shire has some type of fleet insurance for its vehicles. Normally premiums take risk into account, does this mean that the premium will increase because someone has an Extraordinary licence. Or does the Shire keep quiet and hope for the best, or as some one has already mentioned, does the employee get chauffeured around for the duration of his licence ban, which will probably be years, or does he get sacked?
      Due to his relationship with the DCEO, I think the latter is very unlikely, it will more than likely that the whole episode will be covered up and the antisocial behaviour will continue with the blessing of the Shire.
      Some one will go too far and it will end in tears, then we will see who's accountable because right now its Best, Simpson and Cochrane and they seem to be hell bent on covering up.

      Delete
  8. Code of conduct? Sorry, forgot that does not apply to everyone. OHS? Workplace drug and alochol testing?

    Small dose of conflict of interest. But what the hell, its only probity ......which is a very vague concept it seems to those that are responsible.

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  9. Exactly how corrupt is the Shire of York Administration?

    The SOY have a duty of care to employees and to the Ratepayers of York. I assume there is a zero alcohol and drug tolerance policy for the Shire of York, if not why not?

    Has the guru of everything, the DCEO, thought of introducing drug and alcohol testing in the workplace.
    If the mining companies do it, so should the Shire of York.

    Mr Best, here is your chance to make a real difference in York. Introduce random drug and alcohol testing for all employees. IF the Administration buck about it you would have to ask serious questions as to why.

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  10. After various incidents (including workplace bullying), CEO Michael Keeble intended to introduce a zero tolerance of drugs and alcohol in the workplace policy with regular testing for all staff. It didn't go down too well with the staff and I guarantee that it didn't happen or the concept left when he did.

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  11. Thanks Anonymous 73 - I am not surprised it didn't go down well with Staff, it never does. It is irrelevant whether Staff want it or not.
    The Shire's Insurer would most certainly decline liability if drugs or alcohol were found to be involved in any work place accident or MVA involving a Shire vehicle.
    I hope Mr. Keeble did follow through with the introduction of a D & A Zero tolerance Pollicy, because if he didn't he has triggered something called 'vicarious liability'. It means because the Shire of York has acknowledged or 'become aware' of a potential D & A problem within the work place, it has put itself in a very precarious situation of liability.
    If there is no Policy in place, the CEO has a duty of care to the Ratepayers to implement a D & A Zero tolerance (with mandatory random testing) Policy without delay to minimise the $$$$ risk to the Ratepayers.
    There is absolutely no need for any of the employees to be consulted. It is a Risk Management issue.


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    1. A Shire depot worker and friend of the Deputy Chief Executive Officer, Tyshcha Cochrane, was convicted of the following before eventually leaving the employ of the Shire of York:

      In the Northam Magistrates Court on 1 July 2013, Michael John Ashworth was fined $7800 with $138 costs on one count of possessing cannabis and one count of possessing a prohibited drug with intent to sell or supply

      In the Northam Magistrates Court on June 16 2014, Michael John Ashworth was fined $450 with $146.90 costs for possessing methylamphetamine, which was ordered to be destroyed.

      In the Northam Magistrates Court on September 22, 2014, Michael John Ashworth was fined $450 with $332.30 costs for possessing cannabis.

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    2. Another little gem documented on the Public Probity Audit against the Shire of York Administration.

      Did our 'jump the sinking ship' CEO know about this? If he did, it proves he was unfit to hold the position because he knowingly put ALL staff at high risk between 1 July 2013 and 22nd September 2014 by continuing to employ a convicted drug dealer!

      CEO Mr. G. Simpson needs to conduct an urgent inquiry to ascertain why the DCEO Ms. Cochrane placed the Shire of York Administration, its workers and the Ratepayers into an untenable legal situation.

      It needs to be determined how many other Senior Staff were involved in this conspiracy.

      Commissioner Mr. Best and CEO Mr. G. Simpson - you have no choice now but to implement a Zero tolerance Drug and alcohol Policy immediately and begin random testing.

      There is no need for research, lengthy Policy discussions. Mr. Best and Mr. Simpson can simply cut and past the Policy used by Rio Tino, FMG etc. and implement it without public consultation.

      For once there is a clear benefit for having a Commissioner - he can rubber stamp it today!

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    3. Take a look at the last council agenda, I hear Commissioner Best approved separate funding and donations for two local "privately run businesses" at the ratepayers expense. He said it was done for the good of the town and would move things forward.
      We acknowledge all the not for profit groups regularly applying for funding but I now see every other local business forming a queue for a hand-out, why wouldn't they and who could blame them.

      So it would seem a precedent has been set and we don't need a policy for anything now, just a rubber stamp from the Commissioner. If we put this into perspective with the latest drug and alcohol tolerance debacle, Commissioner Best doesn't need to create a policy or even comply with one ......he can just enforce an internal procedure.

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    4. Mr Best and CEO Simpson now appear to be firmly under the influence (or thumb) of Ms Maziuk, the Finance Officer and the DCEO.

      Mr Best has been in the town for only three months. What would he know about what's good for the town? Has he forgotten whose money he's spending?

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    5. Anonymouse 73, I hear your frustration.

      The Policy actually does need to be officially put into place for the Shire of York to enforce mandatory drug and alcohol testing procedures or the Union will step in. Also, it must be officially recognised for the 'legal protection' of the Ratepayers.

      Delete
    6. I know, I was being facetious.

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    7. My apologies Anonymouse 73.

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    8. Now here's a shocking comparison.......

      Scenario 1:
      Several Shire of York employees are charged with various crimes and receive convictions, some are not fit for continuing their employment role.
      A couple receive only a insignificant fine from the Courts even though they put so many lives in danger from the indirect risks of drugs, alcohol and drunk driving.
      These staff remain in the Shire's protected employment with a guaranteed income to move forward.

      Scenario 2:
      A local business places a flashing 'open sign' at the front of their premises to promote the business so they can earn a living.
      The Shire Council threaten the business owner with prosecution if they do not remove the sign.
      The business cannot be promoted , it closes, goes up the lease and they have no income.

      Scenario 3:
      Is far more serious than Scenario 2 but involves other businesses and is far too complex.

      Rough justice.

      Delete
  12. It just keeps getting worse, doesn't it?

    Now try persuading Commissioner Best or Acting CEO Simpson that anything needs to be done about such matters. On current showing, you won't get very far.

    Was Shire President Boyle aware of this conviction, I wonder? Was CEO Hooper?

    Were the officers of the DLGC aware that they may have been listening to the wrong people before deciding to suspend the Shire Council?

    What a bloody shambles.

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  13. When you had a CEO like Ray Hooper who with hindsight, had no regard for any Codes of Conduct or ethical standards, why would anyone expect the DCEO and all of her subordinates right down the line to care?

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    1. You are right Peter, the DCEO was mentored by Ray Hooper, so too was Ms. Maziuk and they are both clones of his vile personality.
      I'm afraid it will take more than DLG training to change the culture of ill trained staff devoid of ethical standards.

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    2. Nobody's suggesting the staff should have training. It's the councillors who need it, apparently. That's what happens when a shire president tries to take the lid off what's going on in the office that maybe shouldn't be.

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  14. James P., that happy chappy 'Jolly' recorded in his briefing notes under Further Action page 1 of 2 that shire staff and even us mere mortals in the community need reprogramming (oops I mean re training)

    Quote: Advocates training for elected member, as well as Shire Staff, members of the public etc. etc.

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    1. That's not quite what Mr Morris (not his boss, the exalted Mr Jolly) actually said. He was quoting from the Shire's response to the 'show cause' notice. The suggestion was for training of members of the public serving on committees.

      For what it's worth, I think that part of the Shire's response was a tactical error. 'Yes, we need training' was a gift to the Dark Side. In my opinion, we should always be ready to admit mistakes, but it's best never to admit weakness except privately, if necessary, to family, close friends, and your therapist or minister of religion.

      As in this instance, an enemy will use the admission against you.

      Frankly, I don't believe the council needed training. All (!) it needed was to replace three councillors and bring the administration to heel.

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    2. My apologies James (P), you are right. I am so used to the happy chappy Jolly making the decisions for us here in York I got a little carried away.

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  15. The need for training and the suspension of the council are two seperate things. The elected council should have stayed in place and training taken place if necessary.

    The DLG wanted the council out by hook or by crook, and chose the latter.

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  16. Comments-volume:

    One comment consisting of ten considered lines of text has discernible meaning, whereas, ten comments consisting of one un-considered line has not.

    It's not about quantity, its quality that counts.

    Comments -anonymity:

    Plato's book 'The Republic', contains a passage where a character named Glaucon relates a story of a shepherd named Gyges who discovers a ring which has the power to make him invisible. Realising the potency of his new possession, Gyges uses it to seduce the queen and murder the king, thus establishing himself as the new ruler. Yet, prior to discovering the ring, Gyges was a rather ordinary guy, a humble shepherd who worked hard for his pay and never hurt anyone. Glaucon’s point is that the only reason Gyges behaved himself was to avoid reprisal. He obeyed the laws because he feared he’d get caught and punished if he disobeyed. So when he happened upon a means to avoid such consequences, he exploited it to the extreme. Furthermore, Glaucon suggests that all of us are like Gyges. The only reason we act morally to the extent that we do, is because we are compelled by the laws governing society. The truth is, says Glaucon, we are immoral by nature, and if any of us had the Ring of Gyges, we’d act no differently than that ordinary shepherd.

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