Toodyay Herald

The inquiry ordered no prosecutions or suspensions but made five recommendations which last month’s council meeting described as too vague for a formal response – as required by State law – without further direction and clarification.

‘Absolute powder keg’

It followed a public submission by Nunile ratepayer Frank Panizza who described nine of the inquiry’s findings as an “absolute powder keg” for suggesting that the shire should not take action to recover debts if legal costs exceeded the amount owed.

“I can’t overstate the parlous state that this puts our local government in,” Mr Panizza said.

“I just don’t think the authors even thought of that prospect, which in my view is absolutely damning of the report and its authors.”

The report recommends a governance review, councillor training, new Shire CEO Suzie Haslehurst to deliver a “comprehensive” report to the Director General of the Local Government Department on what councillors gained from training, independent CEO performance reviews and a review of the CEO’s authority to take legal action on behalf of the shire.

‘Half-arsed’

Cr Ben Bell said Ms Haslehurst’s recommended response was “awful” and “half-arsed”.

He refused to apologise when Shire Deputy President Beth Ruthven raised a point of order to object that his comment was “unnecessary”.

Shire President Rosemary Madacsi did not rule on the point of order but urged all councillors to “note we have an obligation to the community to conduct ourselves appropriately”.

“Why would anyone pay a fine if you know the legal bills are going to be higher than the fine?” Cr Bell said.

“We have had no clarification or direction from the department about how to deal with someone who doesn’t pay.

“It’s going to lead to an unsustainable council and administration with everyone saying

‘I’m going to make sure the legal bills are higher than the penalty and I know you won’t chase me’.

‘Tick and flick’

The inquiry report doesn’t address half of the concerns, and when the community sees this response it reads like ‘tick and flick’ and shows no forward path on how this council can be better,” Cr Bell said.”

New Cr Mick McKeown said Point 3 of the inquiry’s recommendations “asks the CEO to do the impossible” by delivering a “comprehensive report that demonstrates the knowledge and understanding I gained from the training”.

“I don’t know how the CEO can possibly do that,” he said.

Ms Haslehurst’s recommended response to WA Local Government Minister David Templeman was moved by Cr Susan Pearce and seconded by Cr Phil Hart.

It was defeated 6-1 with only Cr Hart in favour and Crs Therese Chitty and Paula Greenway absent on approved leave.

Cr Bell seconded Deputy President Ruthven’s alternative motion that the council defer its response to enable further discussion at a workshop before holding a special council meeting to vote on the outcome.

The motion was carried 7-0 and requires the council to finalise its response to the inquiry report by Tuesday November 17 when a 35-day statutory deadline expires.

The former council had failed to comply with local government regulations in February 2013 when it voted 8-0 – against Mr Scott’s written advice – to launch legal action over an “overpayment” of $150,000 to former Toodyay CEO Graham Merrick.

Mr Scott wrote that there was “no reasonable prospect of success” and that the shire should “not commence legal action”.

The council disregarded Mr Scott’s advice and failed to record any written reasons – as required by law – “for a decision that is significantly different from the CEO’s written recommendation”, the report said.

Mr Scott then failed a policy requirement to obtain three quotes to pursue the matter and failed to keep the council informed about mounting legal costs that eventually totalled $548,000 over four years.

‘Unethical’

He also “acted in an unethical manner by not disclosing to the council that his son is working with the legal firm that the shire has frequently engaged to provide legal services”.

The inquiry report said there was no evidence that Mr Scott had updated the council about legal costs “which would have been prudent particularly at the time that the legal costs exceeded the sum that could potentially be recovered from Mr Merrick”.

“The CEO recommended that once proceedings started, the shire not withdraw from the matter due to the shire being liable for their own legal fees and Mr Merrick’s legal fees.”

“When the CEO was questioned about his son working for Civic Legal, he stated that he had spoken with the shire president about it and the CEO didn’t consider it to be an issue.

“At no time was this conflict of interest matter documented or put to the council.”
The report said Mr Scott’s actions were not an offence under local government law “however it is unethical and not behaviour that should be expected of a CEO”.

The report also detailed several instances where Mr Scott failed in his “significant responsibilities” as a financial manager, including that he:

• “Failed to ensure the resources of the local government were effectively and efficiently managed”, and
• “Did not have adequate oversight of the day to day operations of the local government, and this failure by the CEO has caused or contributed to the potential unnecessary costs to the Shire of Toodyay.”

Misconduct

Mr Scott was also found to have breached the shire code of conduct in an email to former Cr Di Granger which prompted her shock resignation only four months after she defeated former shire president David Dow in Toodyay’s 2017 council elections.

Mr Scott was found to have breached a requirement to “avoid derogatory statements” by “failing to communicate in a professional manner which may (as a result) cause any reasonable person unwarranted offence or embarrassment”.

The report said Mr Scott’s tone in earlier emails to former Cr Granger was “condescending”.

When the council went behind closed doors in January 2018 to consider her motion about “managing the performance of the CEO” Mr Scott “proceeded to verbally berate Ms Granger in a hostile manner which she felt was highly inappropriate and was embarrassed,” the report said.

“At no point did the presiding member (former shire president Rayner) bring the CEO to order.

“There are indications the relationship between the council and the CEO was not functioning per the requirement of the LG Act, which should be one of employer and employee.

“There are sections of the community which were unhappy with the lack of transparency and accountability of the Shire of Toodyay.

Due to a lack of positive action by the council in relation to the CEO, the discontent within the community has culminated in the need for an inquiry.”

Two other remaining councillors who joined Cr Rayner last year to vote in favour of a surprise backflip to retain Mr Scott for another 12 months after a decision not to renew his contract were former shire deputy president Chitty and Cr Greenway.

Mr Scott resigned in April this year after taking two months extended sick leave for an undisclosed illness just hours before the start of the council’s February meeting.

Clublinks State Manager Matt Day told a public meeting of about 50 people at the Shire of Toodyay’s new $14 million recreation centre that the pool was built with heating pipes already installed.

He said later that it may cost less than $10,000 annually to keep the new 25m pool heated to about 27C.

His company would absorb the extra $150,000 to $200,000 cost of installing new equipment to keep the pool warm during Toodyay’s chilly winter months.

“We don’t want local people driving past this pool to swim in Northam because ours is not heated,” Mr Day told the meeting.

“We’d like it heated by April next year, but the worst-case scenario is by June 2021.
Mr Day said a mix of solar panels and mains power would be used for year-round water heating.

“We’ve already got quotes and are preparing a detailed business case to put to the shire,” he said.
“Running costs won’t be massive – possibly under $10,000 a year – we are still investigating the detail.”

Opening hours planned from November 1 to March 31 are 7am to 6.30pm on weekdays and 8am to 6pm weekends.

April and October next year will be 7am to 10am and 3pm to 6pm on weekdays, and 9am to 3pm on weekends.

Winter hours will be announced when heating is added.
Proposed entry fees are $5 for adults and $4 for children and concession card holders, including pensioners and seniors.

A full season pass will cost $90 for adults and $80 for children.
Tennis court hire will cost $30 an hour.

Mr Day said the new facility would give priority to employing local residents.
The workforce would consist of five or six full-time employees and four or five casuals.

“Our main priority at the moment is to recruit more lifeguards so that we can keep the pool open for the planned hours.

“We also need casual customer service staff and sports umpires for night-time basketball and other competitions, mainly starting after Christmas.”

The company has started a new Toodyay Recreation Centre Facebook page which says training is free for casual shifts starting next month.

Working as a lifeguard requires a current police check, working with children check, first aid qualifications and current aquatic lifeguard qualifications or an interest to be trained in this field

Anyone interested should email their resume and a brief introductory letter venue manager Beck Foulkes-Taylor at bfoulkes-taylor@toodyayreccentre.com.au

Toodyay Shire CEO Suzie Haslehurst said the Toodyay Recreation Centre – including the pool – would be officially opened at with civic ceremony on Saturday November 21.

The inquiry followed 11 months of monitoring by Perth local government officials after a formal warning that the shire had shown “not only a lack of understanding of the provisions of legislation also a propensity to misinterpret other legalities and procedures”.

THE MINISTER authorised the inquiry to examine:

• the adequacy of and adherence to council policies and procedures by elected members and administration staff;
• enforcement actions undertaken by the Shire of Toodyay;
  the function of the audit committee;
• declarations of interests by elected members;
• the culture within the shire, and
• any other matter that comes to the person’s attention during the inquiry.

The investigation included the loss of more than $570,000 of ratepayers’ money in a failed legal action against two former shire leaders, other botched court cases that cost tens of thousands of dollars, unlawful rates, a failed bid to sell O’Reilly’s Cottage for $530,000 and the resignation of former Cr Di Granger amid allegations of bullying.

Investigators attended council meetings, examined shire records and questioned witnesses during their probe.

A draft report on the findings was sent to the State Solicitor’s Office earlier this year to decide if any prosecutions should occur.

A confidential edited version was sent to councillors in July for comment before a final report was forwarded to the Minister.

The State will publish the findings when they are tabled in Parliament.

New Shire CEO Suzie Haslehurst said it was likely the findings would also be published on the shire website.

Anyone now wanting to light a fire – no matter how small – must first obtain a shire permit with strict conditions which must be adhered to.

Permits generally require at least two independent sources of pressurised water – such as a mobile firefighting unit on the back of a ute.

For example, a single hose supplying water from an electric pump connected to a mains electricity supply is insufficient because a power cut will stop the flow of water.

People who obtain permission to light fires this month are required by law to ensure it is

done correctly – failure to do so may result in an infringement notice or prosecution.
All fires must be carefully watched and managed at all times until they are completely extinguished.

This is particularly important for people with small ‘lifestyle’ bush blocks who may live elsewhere and visit Toodyay only on weekends and holidays.

Most local farmers will have already completed their burning-off and we find it is generally smaller landholders who want to burn at this time of the year.

Volunteer firefighters have arrived at bushfires in recent years to find a locked gate and the owner gone after leaving the smouldering remains of a fire that later re-ignited and burnt out of control.

Police involvement is likely in such cases of negligence.

Bush fire control officers appointed by the shire will assess all applications for permits in line with local conditions.

If issued, a permit lasts up to seven days but that doesn’t automatically mean that a fire can be safely lit at all timMinister gets final report on Toodyay inquiry findingses during that period.

It is essential that anyone with a permit to light a fire should first check local weather conditions before starting.

Local wind forecasts need to be checked to ensure they remain light for the duration of a fire and that no change of direction is predicted.

Some people mistakenly assume that a forecast of rain means it is safe to light a fire but in fact it usually indicates strengthening winds and a change of direction.

Look for low and consistent winds over the entire period of a fire.

I highly recommend that people use the Bureau of Meteorology’s MetEye online weather forecasts to check three-hourly predictions for wind strength and direction, relative humidity and temperature.

Burning should occur according to conditions – not the calendar.
If in doubt, it is better not to burn at all and wait until conditions improve.

I would also like to remind all local property owners that they have until Saturday November 1 to ensure their properties comply with the Shire of Toodyay’s annual Fire-Break Notice.

Perimeter firebreaks are not designed to prevent fires from spreading but to allow safe and ready access for firefighting vehicles responding to emergency callouts.

Firebreak notices also include other requirements such as removing overhanging branches from buildings and maintaining low fuel areas around buildings.

Shire rangers will start checking properties from Sunday November 1.
Ratepayers and occupiers risk fines if they are found to be in breach of their firebreak notices.

Everyone is urged to play their part to help our community prepare for this year’s fire season.

This includes preparing your property, discussing your fire plan with your family and keeping abreast of restrictions, alerts and warnings.

Visit emergency.wa.gov.au and listen to ABC local radio to stay abreast of Total Fire Ban information, alerts and warnings.

The shire’s free SMS service provides information on harvest, vehicle movement and hot works bans, other restrictions imposed by bush fire control officers or changes to prohibited or restricted burning periods – simply SMS the word BANS to 0408 017 439 to subscribe.

Your efforts can greatly help our dedicated volunteer firefighters to keep our community safe and protect lives and property.

Anyone interested in joining a volunteer bush fire brigade to learn valuable new skills with a great team of like-minded people should contact their local brigade or the shire.

More information is available on the shire website at toodyay.wa.gov.au and the WA Department of Fire and Emergency Services at dfes.wa.gov.au.