Toodyay Herald

The State inquiry follows nearly a year of shire monitoring by the WA Local Government Department which Shire CEO Stan Scott claimed was an administrative matter, details of which he refused initially to reveal to councillors.

The department wrote to Mr Scott last January sharply criticising the shire for non-compliance in a number of key areas, including rates, land dealings and transparency in council decision making.

The State Government said the shire had shown “not only a lack of understanding of the provisions of legislation but also a propensity to misinterpret other legalities and procedures”.

Mr Scott used the shire’s ratepayer-funded March 2018 newsletter to attack The Toodyay Herald for reporting an implied warning in the State Government’s letter that the shire risked a future formal inquiry.

Shock resignation

It followed the shock resignation of newly elected Cr Di Granger after she received a blistering Saturday afternoon email from Mr Scott for questioning why councillors were not allowed to see the Local Government Department’s letter notifying the shire that it was being monitored.

Mr Scott claimed he was being bullied and accused Cr Granger of having “very little understanding of local government – “really, how would you know what was unusual behaviour,” he wrote.

“I expect that council leadership will immediately jump on inappropriate and ill-informed criticism such as that contained in your latest email.”

He was backed a few hours later by Cr Paula Greenway, who sent a secret Saturday night email marked “confidential and urgent” to five other councillors, noting that she had deliberately excluded Cr Granger and fellow new Cr Ben Bell from her email but didn’t explain why.

Cr Greenway asked if the others supported her “concern” that Mr Scott had been bullied by Cr Granger’s email.

“It is our responsibility to provide a safe workplace for employees and it is obvious this is building stress in our CEO,” Cr Greenway said.

“What happens if Worksafe (WA’s workplace safety regulator) were to be called into this mess?”

‘Out of control’

Shire Deputy President Therese Chitty responded next day (Sunday March 11) that the situation had “escalated out of control” but Cr Granger had done “nothing “inappropriate” and the CEO’s email to her was “less than professional”.

“All Cr Granger has done is ask questions because this is part of our roles as councillors,” Cr Chitty said.

“She (Cr Granger) has been thwarted at every opportunity by the CEO.

“I have noticed this at meetings, and Cr Granger’s response to the CEO’s email has confirmed this.

“I have to say that I believe Cr Granger is in need of support from the President by addressing this with the CEO.”

President Brian Rayner emailed all councillors that Sunday night that he was trying to organise a meeting “facilitator” and would seek assistance “on this urgent matter before it escalates into a City of Perth (also under inquiry) event.”

“I am aware that councillors and administration staff alike are stressed to the max, but believe me I do not want anyone on stress leave.”

Cr Granger resigned two days later, saying “the joy has been sucked out of my life and I want it back”.

She emailed President Rayner that “the level of aggression that I have experienced is astounding, appalling and I am horrified”.

R U OK?

Mr Scott then used WA’s ‘R U OK?’ campaign to again attack The Herald in the shire’s April newsletter and claim he was being bullied in a smear campaign to damage his “impeccable” reputation in local government.

This was despite the State Government’s criticism of Mr Scott’s administration only two months earlier, causing it to be placed under Local Government Department monitoring for almost a year before this month’s “authorised inquiry” into “reasonable suspicion” of breaches of local government law.

These and several other matters are now being examined by three local government investigators who have been given powers to enter shire premises, seize shire property – including staff and councillors’ computers, phones, iPads and emails – inspect records held by banks and other financial institutions, and question staff and councillors under oath.

The inquiry covers all current and former councillors and staff from 1 January 2013 to the present, and includes the loss of at least $550,000 of ratepayers’ money in a failed bid to sue former shire CEO Graham Merrick.

It is understood the awarding and management of shire contracts will also be examined.

In response to Herald questions, the Local Government Department said:

“The nature of the inquiry will ascertain whether the Shire council and administration are functioning in the best interests of the community and into the operations and affairs of the Shire in relation to:

1. “The adequacy of and adherence to council policies and procedures by both elected members and administration staff;
2. “Enforcement actions undertaken by the Shire of Toodyay;
3. “The function of the audit committee;
4. “Declarations of interests by elected members;
5. “The culture within the Shire; and
6. “Any other matter that comes to the person’s attention during the inquiry under section 8.4(2) of the Local Government Act 1995.

“As this is an ongoing investigation, it would not be appropriate to comment further.”

‘Clear the decks’

The shire’s December newsletter said “the inquiry provides the opportunity to clear the decks so to speak”.

“We will cooperate fully with the inquiry and use the findings to provide improvements,” an unnamed spokesperson said.

“There is no one in the administration or council who has been involved in a previous inquiry so it will be a new experience for all of us.”

Shire President Rayner told the council’s December meeting that “the shire is under an inquiry and we will not be giving a running commentary on what is going on”.

Toodyay joins four other WA councils now under formal State Government inquiry.

Perth investigators have started interviewing several Toodyay people on a variety of separate matters and it is understood the inquiry may take several months to complete.

A final report will be delivered to WA Local Government Director General Duncan Ord and a copy sent to State Local Government Minister David Templeman.

Mr Templeman has the power to suspend or dismiss a council, order remedial action or refer matters for prosecution.

Local government law says a council may be required to pay for all or part of the cost of an inquiry if there is an adverse finding against the council or any councillor or employee.

Editorial

Steve Walsh and Karene Quinn applied for retrospective approval of the track which is used by Mr Walsh’s son Darren, a state motocross champion.

The track has drawn strong community opposition over concerns about noise and dust pollution and possible contamination of a water source.

Landowners, the Water Corporation, the Department of Water and Environmental Regulation and The Victoria Plains Shire all opposed the application in submissions to the council or urged more checks, especially about water.

The recommendation to council at last week’s meeting, however, was that the application be approved.

Planning officer Hugo de Vos said in his report that a thorough examination of the proposal made it difficult to justify refusal.

Many of the concerns raised were related to potential future development, which went beyond the scope of the application.

Conditions could be applied to control noise, dust and the number of riders who would use the track, how often and at what time of the day.

The applicants had said that main user of the track would be Mr Walsh’s son. Other riders would be limited to family and friends.

But the recommendation did not go to a vote.

Shire Deputy President Therese Chitty moved instead that the application be rejected, and this was adopted six votes to one.

She said it was hard not to have in mind the full intentions of what the applicants wanted. There was already a building on the site without approval.

Shire President Brian Rayner questioned how the council would be able to enforce regulations about the track and said there was not enough information about the noise and dust risks.

Cr Eric Twine said: “I’ve never heard a quiet motocross bike.”

Cr Ben Bell was the lone supporter of the application.

Farmers were free to ride motorbikes anywhere on their land, he said. “Why shouldn’t such freedom be extended to this family?”

Cr Bell said mining activity in the shire was more difficult to control for noise and dust than motocross bikes.

Mr Walsh and Ms Quinn were represented in their application by Gary Fitzgerald of town planning consultants Tecon WA.

Mr Fitzgerald urged the council to vote on what he called the reality, not the perception. This was not a motor sports complex.

In Mr De Vos’s report it was noted that the applicants had advised that details of camping grounds had been included on the plans by mistake. They were not being considered as part of the application.

Mr Fitzgerald told The Herald this week that the applicants were considering all their options.

The Herald’s understanding is that it is open to the applicants to appeal to the State Administrative Tribunal and if that failed the council would have to decide whether to order the track closed down or removed.

(Additional reporting by Peter Ruthven and Allan Gregory.)

Toodyay is the fourth WA town to adopt the program, following York, Manjimup and Margaret River.

The idea is to help people living with dementia to maintain meaning and purpose in their lives by increasing community understanding of the disease.

In June this year the council had to say no to involvement because of a lack of funds. Alzheimer’s WA now has funding and will provide a project officer.

The organisation has arranged a public meeting to be held in the Toodyay Community Centre at 10.30am on Tuesday December 11.

Northam resident Genny Budas, a frequent visitor to Toodyay, welcomed the news.

Genny was a carer for her husband Frank for eight years before his death two years ago.

Frank was 77 when he developed dementia after a prostate operation.

“It’s a lonely life as a carer,” Genny said.

“People stay miles away from you, even friends.

“You need people to understand, to take notice of your existence as a carer. And, maybe, just share a cup of tea.”

Genny said people in the early stages of dementia made silly little mistakes.

It was important for others in the community to understand, to overlook those little things and not frighten or alienate people already becoming fearful about their future.

Toodyay is facing a heightened challenge in aged care. The town has the second highest proportion of people over 55 in the state.

The proportion of people over the age of 65 in WA is just under 14 per cent. In Toodyay the figure is 23.5.

In March this year, Mr Henshaw’s daughter, a visitor from the UK, incurred a fine for parking in Toodyay against the direction of traffic, which is legal in the UK.

Anna Anderson wrote to the shire advising that she was returning to the UK the following day and did not dispute the offence but asked if the infringement could be waived and gave her UK contact details.

Mrs Anderson heard nothing further.

In April and again in May, Mr Henshaw received letters addressed to him from the shire referring to “his letter” and “his infringement”.

Mr Henshaw advised the shire that he had not written to them.

Finally, in September Mrs Anderson received a summons at her UK address for her to appear in Northam Magistrates Court on November 26. This was the first correspondence she had received from the shire.

The magistrate accepted her guilty plea and upheld the $60 fine but did not impose additional costs.

The legal costs, as yet unknown, are to be borne by the shire.

Mr Henshaw says that if the Shire CEO had “read and reviewed the relevant documentation” as stated in his letter of April 26 this would not have occurred.

If the correspondence had been sent to Mrs Anderson the infringement would have been paid and the matter dealt with.

For the past three years council has set aside $20,000 per year for the purchase of a replacement bus.

With the expected $10,000 from the sale of the current bus, this would be sufficient to purchase a new 12-seater bus.

Fees for the use of a new bus are still to be determined.

The survey form will be distributed to all mail boxes and post office boxes in Toodyay and Morangup and the results are to be submitted to council for consideration early in 2019.

Many thanks to the support driver Ian Taylor.

An Open Garden Day onOctober 19 started at Bernice and Gus Clarke’s Gripthorpe Farm on Bolgart East Road.

A magnificent display of many acres of beautiful blooms was on show.

A scrumptious morning tea was provided for more than 60 people who travelled from as far away as Dalwallinu to wander through the glorious garden.

After lunch, the crowd moved onto Trevor and Pauline Pinker’s GardenHillnGully on Bolgart West Road which is a garden in progress with a very interesting layout.

Pauline and Trevor hosted an afternoontea of scones and homemade pizzas.

Many thanks to the Clarkes andPinkers for their hospitality.

Deb and Dick Campbell hosted the Melbourne Cup lunch at the Bolgart Hotel.

A beautiful meal was served with 32 ladies enjoying a theme of pink, purple and pearls.

Best dressed was Barbara Mottershaw and runner up was Rosie Behme.

A total of $532 was raised for Breast Cancer Care WA which is a wonderful charity and has no Government funding.

Every cent raised goes straight to breast cancer sufferers.

In October, the Bolgart Sports Club had a new zincalume roof fitted and it looks fantastic.

A defibrillator hasbeen donated to the club where a well-attended free training afternoon was held on November 9.

A follow-up first aid course will be held at the start of next year.

Five generations of the Syred family gathered at the Old Gaol in Toodyay on Remembrance Day.

An enlarged photograph of Private Charles Syred – father of Peter, grandfather of Phillip, great-grandfather of Callen and great-great-grandfather of Samuel – was taken to the gathering.

Toodyay Ballet School’s annual recital was held on the weekend of November 10 and 11.

Congratulations to our own Bolgart superstar Molly Snooke on a spectacular performance.

A big thank you to Lani McGeady for her dedication and professional guidance.

The Bolgart Country Women’s Association had a very successful fundraising year which included catering at the Toodyay Agricultural Show and other local events.

Donations will be forwarded to: Goomalling/Bolgart St John Ambulance($500); Royal Flying Doctor Service ($200); Drought Relief($200); four Perth charities($50 each) and, Bolgart Primary School Award($50).

Trees Café will host another Sunday Pizza Night on December 9; dine-in or takeaway. Please call Alan or Kathy on 9627 5187.

On the October 24, two pairs of Bolgart golfers travelled to Hartfield Golf Course for their 4BBB Charity Day.

Winners of the day were Vivienne Camerer and Serena Syred.

Two teams of lady bowlers travelled to Beverley on October 25 for their Open Day.

Congratulations to winners Merle Manuel, Jenni Knowles, Linda Veltman and Pam Meston.

Seven local golfers travelled to Kalgoorlie on the weekend of November 10 and 11 for the Goldfields Ladies Golf Open.

Congratulations to former Bolgart golfer Robyn Woods for winning gross runner-up. Vivienne Camerer came away as Saturday nett runner-up.

Four teams competed in the Ladies Club Triples held on November 22.

Congratulations to Jenni Knowles, Barbara Mottershaw and Nolene Kaszanski on their win.