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FACT - Ray Hooper's Contract of Employment was extended
(on behalf of Councillors) on 12 August 2008. The renewal document was signed
by Pat Hooper (Shire President), Brian Lawrance (Deputy Shire President) and
Ray Hooper (CEO).
STATUTORY
IMPLICATIONS
Local
Government Amendment Act 2004 – Annual Review of Certain
Employee’s Performances
• LGA section 5.38: the
performance of each employee who is employed for a term of more than one year,
including the CEO and each senior employee, is to be reviewed at least once in
relation to every year of the employment.
• LGA section 5.39(1) the
employment of a person who is a CEO or a senior employee is to be governed by a
written contract in accordance with this section.
•
LGA section 5.39(3) a contract under this section is of no effect unless;
(a)
the expiry date is specified in the contract;
(b)
there are specified in the contract performance criteria for the purpose of
reviewing the person’s performance; and
(c)
any other matter that has been prescribed as a matter to be included in the
contract has been included.
Whilst the relative
Presidents may have renewed Ray Hooper's contract by written advice, the Shire
of York Council do not have a copy of a newly presented and/or accepted Contract
of Employment for the CEO position signed by Mr Ray Hooper and Mr Pat Hooper
(Shire President) for the term 2009 to 2013 nor is there a copy of the newly
presented and/or accepted Contract of Employment for the CEO position signed by
Mr Ray Hooper and Mr Tony Boyle (Shire President) for the term 2013 to 2015. I
believe a check of the Shire of York Register of Common Seals would confirm the
same.
I challenge the Shire
Council to produce the Contract documents to the York Community in order to
disprove the claim (or someone could just ask for copies without drama).
DEAL?
The letter of offer and acceptance
of the contract extension was signed on 12 August 2008.
The infamous 'yellow
memorandum' was produced and publicly displayed on 12 August 2008.
A combination of blatant
disregard for the Local Government Act and mutual contempt for the Community
they served.
AMALGAMATIONS...........
The underlying reasons for
the renewal of Ray Hooper's contract runs far deeper. Both Ray Hooper and Pat
Hooper (whilst stroking each other's egos) were in preparation for 'Empire
Building' and the glory and rewards of the promised land offered with Structural
Reform.
Leave the door open for
consideration on the events of 2008.....
Regional transition,
Amalgamation (SEAVROC then SEARTG).
Who was involved in the
process and would be prepared to cover up any of the past actions or
irregularities in York ?
Initially it was Minister
Castrilli and Jennifer Matthews, then Minister Simpson (not forgetting the
involvement of Dominic Carbone) they were all crucial players in the
amalgamation games. Ray Hooper and Pat Hooper were involved in SEAVROC since May
2005 and both very vocally active parties in the SEARTG amalgamation process in
late 2008 when Demonic Carbuncle stepped on board.
This process needed to work,
with millions of dollars already poured
in and as hype turned into hope .....was there a propensity to protect its member
shires... at any cost?
Minister Simpson is quoted in
the Minutes of a SEARTG meeting as saying that he ...."Does not want to be a Local Government Minister with a failed
reform process." ...............Ooops!
In any other Municipality
or Shire, a vast majority of breaches of legislation and behavioural issues (as
exposed in York) would have seen the CEO sacked by a strong Council with senior
staff severely reprimanded and/or moved on. Alas, in York, Councillors themselves
were complicit in the deceptive and atrocious behaviour. Any citizen showing
concern or making a complaint would have been on a hiding to nothing, hence the
Council's actions to demean individuals and discredit their attempts.
Move forward a few years
and we have some very suspect SEARTG meetings involving dialogue (not in the
least contrived) between Minister Simpson and Ray Hooper, aimed at making the
process of amalgamation as easy as possible - 'smoothing the transition'.
Councillors standing down
pre-election intent on forcing a commissioner on York in order to progress
amalgamations without interference from the nay-sayer's (with Shire President Tony
Boyle to step in as the Commissioner). Councillor Brian Lawrance and Councillor
Roy Scott quit one month prior to the elections in September 2013 to assist the
(previously discussed) process but the shoddy plan was unsuccessful.
(See DOCUMENT 1 below)
What now for Minister
Simpson, the transitions have gone belly up - will he be open and accountable
and admit that he protected Ray Hooper and his cronies for the benefit of
smoothing the amalgamation process - the equivalent of hush money, a bartering
tool?
I say, "Give them up
Tony Simpson and put an end to the nonsense". He has nothing to lose and
could easily gain some credibility if he ordered the long awaited investigation
to assist York to move forward.
Maybe Tony Simpson would recall
the letter sent to Jennifer Matthews (compiled by Ray Hooper on behalf of two troubled
Councillors, written with an undertone of barter) indicating if she (Jennifer) didn't
find a way to 'overlook' the actions of those York Councillors' and moreover encourage
punishment of the complainants, Council might react by withdrawing support for
amalgamations with a veiled threat of Council resignations. (Of course, having
a devastating effect on him the DLG and the amalgamation process should York
back out just as things were becoming crucial)!
Not surprisingly, this was
about the time Tony Boyle (Shire President) turned full circle and changed his mind
about the amalgamation process. Having previously given his staunch word to the
community of York (and his then friends and associates) that he was
'anti-amalgamation.' So how did it
go...DLGC found a way to delay the complaints made against him in exchange for
his full support on amalgamation ........shusssh and another deal done? (Oh and
not to forget Deputy Shire President Roy Scott who was a part of the same dastardly
deal).
Seems nepotism and cronyism
reared their ugly heads again or perhaps Councillor Tony Boyle (in his infinite
wisdom) always thought it was aunty-amalgamation in the first place.
But Minister Simpson played
along didn't he and the amalgamation debacle is another one of the reasons the
York community are not receiving the answers they deserve.
It's a house of cards and Minister
Simpson appears as the joker at the top!
The whole process has been
an extremely costly exercise for the oblivious ratepayers of York. All that is
left is the abomination of a Recreation Centre created for the purpose of the
amalgamation empire simply to house the spawn of the SEARTG - the unknowing sporting
groups merely used and abused to justify its conception.
Who's going to pay the
piper?
PROBITY
DECIDED?
Document 1
EXCERPTS
FROM.......South East Avon Regional Transition
Group (SEARTG)BOARD MEETING NOTICE PAPER (CONVENTION CENTRE, 10.30 AM FRIDAY 9 AUGUST 2013)
Minutes of July 2013 Meeting
Page 1 - The Chairman sought input on additional items, with Mr R Hooper suggesting that discussions
include "election issues".
Page 6 - Minister Simpson: Does not want
to be a Local Government Minister with a failed reform process
Mr
R Hooper • Generally "in person" voting at a cost of
$26,000.
•
There is provision under the current Act whereby all current councillors can
resign in September, and Minister Simpson can appoint the existing Presidents
as Commissioners, and defer the election to a particular time.
Minister
Simpson
•
Concern that once a Commissioner is appointed, there is no community input to
the Council.
•
Will look at this option, whilst confirming there are four Councils involved
with this Group.
Minister Simpson • Queried the status
of the Advisory Board inquiry.
Mr R Hooper • Advised the Board
will be reporting to the Minister Simpson in the first week of September 2013.
Executive Officer • Confirmed the
Advisory Board reporting timeframe as stated by Mr R Hooper.
Minister Simpson • Queried if this
timing is the Advisory Board's recommendation to him.
Mr R Hooper • Confirmed that
this is the Advisory Board's recommendation, which if signed off, will trigger
the poll provisions and go into a 56 day electoral roll period.
Minister Simpson • If signed off and
commissioners appointed, while the Group moves through the process.
Chairman
• Suggested that current councillors can form committees while
commissioners are in place.
Minister
Simpson
•
Talked through parliamentary timings, with three weeks in August and September,
the Budget, and the opportunity to get the poll provision legislation through
parliament and signed off.
•
Will work on this aspect, as there may be room to do something.
Mr
R Hooper
•
This would be an opportunity to stop the "naysayers", particularly if
current Presidents are appointed as commissioners, and Elected Members form the
community reference group.
•
Such appointments would maintain cohesion.
• Election deferred for twelve months.
•
Suggested that Minister Simpson makes a recommendation that triggers a poll
provision, a poll is held in two to three weeks, with appointment of
Commissioners.
•
Signing off on an Advisory Board recommendation will stop the election cost and
anti reform campaigns.
Minister Simpson •
Also takes away the poll provision, and stops that process.
Chairman • Queried how this
process would remove the poll provision.
Minister
Simpson
•
Signing off on an Advisory Board recommendation and appointing commissioners
takes away the election process.
•
Talks through timing of legislative changes, poll provisions, and signing off
on a new entity, with work still to be done in this regard.
Cr G Cooper • Is in favour,
however expressed the need for caution on being seen to "fix" the
process.
Minister
Simpson
•
There is a need for further work in this area before further advice can be provided.
•
Commented on finding a way through legislative issues.
•
Process should be simpler for four local governments wanting to come together.
•
The suggestion has some merit, however needs to look at legislative implications.
•
Community may not be pleased with immediate appointment of commissioners.
•
Will investigate further.
Very well researched blog master. Thankyou for bringing yet another dastardly "timeline" to the forefront. Nothing RH said or did throughout the process surprises me in the least. Minister Simpson is despicable as is Tony Boyle. Tb is as good as his word as demonstrated yet again here.
ReplyDeleteWhat really disturbs me is that one can only assume Mr Best is fully aware of this and yet he is appointing Domenic Carbone to the SOY again even though he is Chair of Seavroc and is implicated in many Soy financial matters meaning he will be investigating himself.
Oh how very depressing. It is hard to see light at the end of the tunnel for York when more and more deals are uncovered daily. Nevertheless keep it coming.
Does this mean Ray Hooper was receiving his Salary and all the perks when in fact he had no legal contract?
ReplyDeleteOmg I feel ill at the thought. We can't even get his CC expenditure looked at let alone he may not have had a valid contract
DeleteWhat a ripper of a Grass Roots Probity Audit!
ReplyDeleteMakes the DLG Probity Audit look pretty bloody stupid.
DeleteWould the DLG like York people to run some training courses to bring them up to speed?
Conflict of interest applies only to you not them.
ReplyDeleteThis blog is chronicling a massive sustained litany of a breakdown in performance and conduct by a wide range of so called professional people in responsible positions.
The total sum of censure by any responsible body is nil.
We now know why Simpson will not do anything, he has already trashed process to suspend a democratically elected council to cover up his guilt.
long live the blog
"I challenge the Shire Council to produce the Contract documents to the York Community in order to disprove the claim (or someone could just ask for copies without drama)".
ReplyDeleteWho's game ....?
Public Sector Management Act 1994 WA
ReplyDeletePart 3 — Public Service
Division 2 — Senior Executive Service
56. Executive officers, contracts of employment of
.
(4) A contract of employment referred to in this section (in this subsection referred to as the original contract) may be varied at any time by a further contract in writing entered into, and signed by, the parties to the original contract, but the term of the original contract cannot be extended to a total period of more than 5 years after the day on which the original contract came into force.
A FURTHER CONTRACT.........????????
All someone has to do is ask!
Cr Cooper gives the game away when he is smart enough that they should try and avoid the appearance of a fix, but then it appears in the minutes to record that was the whole intent. Your elected members working for you��
ReplyDeleteHow much exposé does it take before someone at the Department gets of their fat bureaucratic arses and does something. I'm sure the information will keep flowing, after all, this blog has become York's very own fountain of truth, Minister Simpson, you're a silly billy, you're only prolonging the inevitable. What's it like to be bitch whipped by a 380k a year dominatrix?
ReplyDeleteCr. Cooper said exactly the same thing at a large public meeting in our own Town Hall within the last couple of years; i.e. warned against risking being seen to (or seeming to) be 'fixing' a result, and a damaging one at that. I was there and heard it. It is, indeed, ingenuous (and perhaps a way of 'washing his hands' of responsibility) to give such advice. At least he dared to hint at the 'fix' though.
ReplyDeleteIt is evident that Ray Hooper's contract was unlawfully renewed (prematurely) on 12 August 2008 for a five year period (the existing contract was dated 2004 to 2009 and a signed renewal should have been dated from August 2009 to 2014).
ReplyDeleteAt the time, the transition groups were expecting the reform process to be done and dusted by 2010. Ray's contract was 'running out' which would leave him very vulnerable and very likely expendable. The early unlawful renewal was to provide security of employment for Ray Hooper and the extended term would ensure a very good pay out for any 'surplus to requirement' staff as a result of the amalgamations. Two years pay for a senior employee on a 3 to 5 year contract....a little retirement boost from the York ratepayers of over $300,000, not bad if you can get it!
Excerpt from a Shire document.....
Comment:
The appointment of a loyal and committed officer is considered to be in the best interest of the Shire of York due to the following factors:
(3) Structural Reform
With the uncertainty on structural reform and amalgamations a temporary appointment of 12 months will allow for Ministerial announcements and action plans to implement any proposals decreed. Any contract for a 3 - 5 year term is likely to have high financial impact in the event of redundancies associated with amalgamations which are usually up to 2 years payout of the salary package.
How very generous of Ray Hooper (as Recommending Officer) to point this out when employing other senior staff having already secured himself that very deal!
Everything Ray Hooper did whilst in York was for his own personal benefit, the 'community as a whole' didn't even take second place, that position was reserved for the gluttonous Council surrounding him.
I don't know how Ray and his Shire President(s) had the audacity to write, print and speak some of the insincere rubbish they let us all believe.
Past Shire President Pat Hooper (a former teacher) once wrote that he 'sort the facts' - It leaves one to wonder if 'Community as a whole' was misinterpreted to mean 'leave the Community in a hole'!
If I had the tiniest shred of respect remaining for the intellectual abilities of Crs Hooper and Boyle, the story told above of Ray Hooper's contract would be enough to wipe it away. That those gentlemen and their fellow councillors should have allowed themselves to be so thoroughly duped and manipulated must be incomprehensible to anybody with an IQ that reaches double figures.
ReplyDeleteThe SEARTG minutes hint at a touching concern on Minister Simpson's part about the fate of community input to Council during the period that a commissioner would be in charge. What a pity that this concern for democratic process should have dissipated by the time he got round to suspending York's democratically elected council.
What stands out like canine testicles is Ray Hooper's thuggish contempt for the people from whose pockets his excessive salary was drawn. He was particularly contemptuous of those who disagree with him, the so-called 'naysayers', whom Mr Best has re-classified as 'passionate extremists' (and why do you think they are so passionate, Mr Best?) In the gospel according to St Ray, the naysayers could be stopped 'if current [Shire] Presidents are appointed as Commissioners and elected members form the community reference groups'. In other words, corral the amalgamation process in such a way as to exclude the majority of folk who are paying for it and would have to live with the outcome.
A word of complaint: Blogmaster, thanks to you I am now haunted day and night by a 'mindworm', the image of a failed pastrycook in his Y-fronts shackled and gagged and awaiting with quivering trepidation the kiss of a ratepayer's whip.
The point about Cr Tony Boyle doing a deal with Ray and the DLGC to save face (because of justified complaints against him) is very true but, it is far more likely that he became pro amalgamation once he realised the position of Commissioner for York would advantage him to the tune of $120,000 per year!!
ReplyDeleteMoney means everything to Tony Boyle to such an extent it was worth losing family and then friends as a result. Tony will get what he wants, at any cost...but usually when he's not the one footing the bill!
The York hall of Shame.
ReplyDeleteThe list grows longer with Commissioner Best now cementing his name in the infamy that is the local government of York ....exempting Cr Read and his supporters.
Commissioner Best's accounts for his period as commissioner will be of much interest once he departs. Open and accountable government will reveal the truth once a proper respected council is in place and replaces the slime of the past.