Thursday, June 15, 2006

Dr WTF

Michael Laws, Mayor, Wanganui

Time and again we find ourselves penning a "Civics 101" lecture in order to counter the misleading spin put out by Michael Laws, and this post is no exception. So apologies in advance to those readers who have already cottoned on to the basic precepts of democracy. We're obliged to do this occasionally to help out those who have not (Mickey, Dotty and the dwarves, the entire editorial staff of the Chron and a smattering of LW commenters).

What's sparked this latest lecture is Mickey's tired drum-banging about the previous Council's supposed "financial slackness", as Dave Laurence termed it in a Chron story recently.

Leaving aside for the moment that Mickey has quite a few "control weaknesses" of his own, the Mayoral hyperbole that the report was "one of the worst he had seen in his 20 years in the public sector" was allowed through without so much as a question.

Those readers who were waiting for the Chron to ask the obvious, like "how does that tally with the horrific scare stories you keep telling us about Auckland's pending 200 percent rates rise, then?" were sorely disappointed.

But more importantly, the fearless guardian of Wanganui's fourth estate allowed the Mayor to get away with saying he considered that "the audit was saying to elected representatives that they were responsible for the council's financial management".

Errr, no. Not unless the Audit Office has lost all touch with reality. Because as just about any Year 9 student who's been paying attention in social studies can tell you, the elected representatives on any body set policy and employ a chief executive who carries the can for financial management.

Now then Watchers. Sit up straight, pay attention, and open no less an authority than the Local Government Association's useful handbook for those who weren't paying attention at school:

Generally the council:
  • sets major policy (including strategic, annual and district plans, long-term financial strategies and funding policies)
  • appoints and monitors the performance of the chief executive
  • approves major contracts
  • determines the council’s committee structure, membership and delegations
  • builds iwi relationships
  • makes decisions on matters that aren’t delegated to committees or council staff.
Still not convinced? Then let's see what we can ascertain from the Council's own Governance Policy:

The Chief Executive is appointed by the Council in accordance with section 42 and clauses 33 and 34 of Schedule 7 of the Local Government Act 2002. The Chief Executive implements and manages the Council’s policies and objectives within the budgetary constraints established by the Council. Under section 42 of the Local Government Act 2002, the responsibilities of the Chief Executive are:
  • implementing the decisions of the Council
  • providing advice to members of the Council and Community Boards
  • ensuring that all responsibilities, duties and powers delegated to the Chief Executive or to any person employed by the Wanganui District Council, or imposed or conferred by any Act, regulation or bylaw are properly performed or exercised
  • ensuring the effective and efficient management of the activities of Wanganui District Council
  • maintaining systems to enable effective planning and accurate reporting of the financial and service performance of the Council
  • providing leadership for the staff of the Council
  • employing staff, including negotiation of the terms of employment for the staff, of the Wanganui District Council
Mr Whitlock, of course, got out while the going was good so is unlikely to be called to account for any perceived failing to perform any of those functions. And pillorying him wouldn't score Mickey any cheap political points anyway.

But let us return to the Chron's unasked questions. Right after they'd let Mickey bang on for column centimetre afer column centimetre lamenting "the system which the incoming council inherited" which was "manifestly inadequate and grossly deficient, exposing the organisation to risk", we get given a few examples, one of which is:

There was a hand slap for the district library’s "unders and overs" account, which arose from discrepancies between cash banked and cash sales entered into the accounting system.

Hold on... a financial stuff up at the library? On such a basic level as accurately recording cash receipts? (Note: the Audit Office said there was no indication of fraud. Which just leaves incompetence). But hasn't the person responsible for the library at the time, on whose desk the buck stopped (or, it seems, in this case didn't stop) just been... promoted by Mickey?

Was the Chron not aware of this? Was Mr Laurence asleep, leaving his tape recorder to faithfully record the Mayoral rant? Or did he just rehash a Guyton Street press release and allow Mr Maslin to run it under his byline? We'd concude by asking, rhetorically, "have they no shame?". But we suspect we know the answer to that, as do most of you.

Off topic admin note: Thanks to those Watchers who raised the issue of the difficulty they had locating LawsWatch in the ever-growing world wide web. We can be found by typing "Laws Watch" into most search engines, but otherwise it has been difficult. We've taken some technical steps to remedy this in the past few weeks, and the results should slowly become evident in search engines etc. We'd also encourage supporters to add the blog's address to their email-signatures, to tell their friends about it (just tell them to Google "Laws Watch") and - if you're really that keen - to take up the suggestion of posting flyers etc. But please - remain with the law and use common sense.

Comments on this post are now closed.

36 comments:

Anonymous said...

I'm not Mr./Mrs. Wanganui. I'm someone else.

"Unemployed artist" is an oxymoron. Just goes to show how dumb Mickey's supporter really is.

Anonymous said...

A Civics lesson for LawsWatch:

The elected council appoints and oversees the performance of the Chief Executive.
The CEO is responsible for all the remaining staff. If the systems and finances are as crappy as the audit office says and they have been for so long then the CEO is responsible to the elected council for that performance.

So the failure is twofold. The elected council not holdng the CEO to account, and the CEO for not having the systems sorted at Guyton Street. If the CEO is not up to it then the directors/councillors are responsible (under both local government and corporate law) for doping something about it.

They didn't. Ergo - the past mayor/councillors are required to take the lion's share of the responsibility. In 2003, they renewed the contract of the CEO with the the mayor Chas Poynter saying that he was the ultimate professional and the best in the business.

The lesson endeth.

Anonymous said...

Name one person or organisation who turned up to the LTCCP hearings and did not get a fair go: more bullshit from anonymous people who weren't there.

Laws Watch said...

Anon @ 4.35: We accept the previous Council carries the blame for poor governance or, more precisely, supervision of the CEO - failing to "monitor the performance of the chief executive".

It's questionable whether councillors knew that errors such as mis-accounting at the library were occuring. They'd be given a set of accounts accompanied by explanations from the CEO and - as most boards do unless they have a reason to suspect error or deceit - taken them at face value.

The blame for the financial incompetence rests squarely on the shoulders of Mr Whitlock. The blame for failing to adequately monitor Mr Whitlock rests squarely on the shoulders of the previous Council.

What is utterly incorrect is Mickey's assertion that the Audit Office would imply that "elected representatives that they were responsible for the council's financial management". They're not.

You seem to understand the difference. He doesn't. Ever thought of running for Mayor? :-)

Anonymous said...

Thanks Laws watch, this certainly puts things into the correct context. And today we see the Chronicle running an editorial that tut-tuts about all the mayor's blaming re the audit, the day after that sorry piece of nonsense appeared on page one under a very big headline.

This is no doubt how the editor deludes himself that he runs a balanced newspaper. ie a whopping headline over a story that wouldn't make the grade on the third form English class newsletter one day, then a puny editorial tut-tutting about it the next.

This has been a pattern for some time now, though editorials which actually acknowledge this is a Wanganui-based newspaper, let alone one that has any concern for the way the city is being run, are few and far between.

Anonymous said...

Anonymous said...
A Civics lesson for LawsWatch:
_________
Thanks for that, Mickey. As you point out, the CEO is responsible for all staff. So can you now tell us how the present council has dealt with the CEO's handling of the new spin fairy appointment, ie turning a blind eye to a clear case of mayoral nepotism:-) and not advertising the job?

Anonymous said...

"Name one person or organisation who turned up to the LTCCP hearings and did not get a fair go"

All the ones who turned up before Andrew Koubardis (sp?). The change in Mickey when the Chron. rep arrived was palpable, and judging from Councillors' faces, disturbing.

The emperor has no clothes.

Anonymous said...

Name one person or organisation who turned up to the LTCCP hearings and did not get a fair go: more bullshit from anonymous people who weren't there.

------------------------------------------------

If I do recall the commenter didn’t say anything about people not getting a fair go at the LTTCP hearings…they were merely commenting on the Mayor's general demeanour - "The reports say that it was an embarrassment due to the Mayor's incredibly rude behaviour towards many citizens who took the time to "have their say."" Which didn't come as surprise to people who have witnessed his stink vibe on other occasions.

I present the following evidence that supports observations that the Mayor just might have been a tad too 'curt' with submitters:

"Mayor Michael Laws didn’t muck around during the proceedings, even enabling the hearing to finish 20 minutes early…" (Chronicle, 30 May 06)

Compounded by the fact that all oral submissions were heard on one day " …which contrasts markedly with last year when oral submissions to the annual plan were spread over three days." (WDC Website, 24 May 06) Interesting to also note that the Council had previously advertised in the Community Link (4 May 06) that the LTTCP hearings would be held over two days.

A triumph for the Mayor (I hope you put those extra 20 minutes to good use) but was it a triumph for democracy? Did everyone who turned up to the LTCCP hearings get a fairgo? Considering this was the one and only chance ratepayers have all year to speak to the full Council, I would suggest that putting aside 1 day instead of 2 or 3 days displays a miserly attitude towards the public on the part of Council. Adding to this it is obvious by the early finish time that not all of the 40 or so submitters got the opportunity to speak for the full time they were allocated? So what say you, Anonymous (4.36PM)?

Anonymous said...

As is so often the case, the submissions day was another example of the Jeckyll-Hyde mayoralty with a noticeably antagonistic demeanour particularly apparent during the early stages, before the Chronicle representative appeared.

The same thing happens at other carefully selected "showcase" occasions, especially when he's showering organisations like the youth council and bowling club etc with his largesse ... compared with the kind of behaviour, for instance, that led to Ms Lawrence's hasty departure.

Anonymous said...

How come The Diva had nothing but praise for the last CEO? And how is that book coming along anyway Colin?

Anonymous said...

Who is the nimrod who wrote the following:

""Name one person or organisation who turned up to the LTCCP hearings and did not get a fair go"

All the ones who turned up before Andrew Koubardis (sp?). The change in Mickey when the Chron. rep arrived was palpable, and judging from Councillors' faces, disturbing.

The emperor has no clothes."

Read the Chronicle sometime before pretending that you know what happened. Koubaradis did not cover the LTCCP submissions - Belinda Feek did!

Anonymous said...

Anon at 6.23pm is the problem with this blog. The invention of events that did not occur.
I gave a submission and you were given the same time as Horizons to supplement your written submission (5 minutes) and then every councilor was invited to ask questions. All the councilors were there plus the mayor from my memory with the exception of Crs Stephens and Peperell. A couple of them asked questions, I replied, and then it was over. Some people had no questions. A couple before me did not turn up at all.
To claim that the mayor was "rude" because he runs an efficient meeting is a clear case of predetermined bias.

Anonymous said...

How come The Diva had nothing but praise for the last CEO? And how is that book coming along anyway Colin?
***********
Good point, Mickey has commissioned rate payer dollars for Whitlock to write a book on "Wanganui" the books publishers (Darius per chance?) had better hush Mickey up - who would put trust in a book authored by the leader of an incompotent Council?

Anonymous said...

Someone on the last thread said...

" I am particularly concerned with reports from a cross-section of the community regarding the Annual Plan oral submissions process. The reports say that it was an embarrassment due to the Mayor's incredibly rude behaviour towards many citizens who took the time to "have their say."

I made a verbal submission and sat in on a few others. I thought the Mayor was polite and seemed on the ball. I was surprised actually as I was expecting the John McInroe of local government after the reading comments in here :)

Anonymous said...

Anon at 6.23pm is the problem with this blog. The invention of events that did not occur.

------------------------------------------

Looks like Anon at 6.23PM is a becoming a real problem for you Mickey!!! What invention of events would that be? Ummm, could that be published material from the public domain and mere questions and suggestions based on these FACTS?

For your information several submitters did walk away from the LTTCP hearings feeling like they had been cut off prematurely and treated poorly by the Mayor, and this was emphasised by the apologies that came from some of the sane councillors at the table afterwards. The fact that you’re here blowing Mickey's trumpet…explains why you didn’t, maybe because your in his back pocket like all the other suckers he is using in this town. Care to tell us what your submission was about Anon (9.49PM)? (so we can rule you out as Mickey making another poor impersonation of a member of his non-existent fan club.)

Anonymous said...

Let's hope that the next time the mayoress feels compelled (by you-know-who) to write a stand-by-my-man letter to the Chron, she remembers to include among the domestic details the amount of time he spends spreading his nonsense on this website. How about it, Leo?

Anonymous said...

To Laws watch:

"What is utterly incorrect is Mickey's assertion that the Audit Office would imply that "elected representatives that they were responsible for the council's financial management". They're not."

The mayor did not say that. It was the Chronicle report and my rule of thumb is that you can only properly attribute direct quotes in newspapers to individuals because if a journalist paraphrases something then they often get it wrong and especially at a local level.

But my Civics lesson has at least been able to clarify for you that BOTH the former CEO and the former
council were responsible for the mess that the Aidit Office uncovered.

I've now sighted that Audit Office letter and it covers the period before the new regime took over. So that means the library was under the Library Board not the council for its goverance.

Anonymous said...

Good for you 'holden caufield', however your opinion that the Mayor was 'polite' for the limited time you observed him doesn’t negate the overwhelming opinion that he was a prized prick on the day.

Also contrary opinions about his demeanour, don’t address the other more important issues - in particular, how the democratic process was compromised yet again!

Anonymous said...

"For your information several submitters did walk away from the LTTCP hearings feeling like they had been cut off prematurely and treated poorly by the Mayor ..."

Name one. Another made up factoid.

Anonymous said...

Wouldn't deputy dotty do better to leave the "fascinating" area of economics alone and spend some time coming to grips with the basics of democracy and local government law? She could start with LawsWatch's excellent columns.

Anonymous said...

"Hey Rana, me old cobber. I’ll take the Chron, you can have River City Press."

Looks like Mickey’s pushing his stalking horse candidate out of the stable. A couple of weeks after the mayor officially opened the diVision election campaign with that Monday farce courtesy of his campaign manager Mr Maslin, Rana turns up columnising in Debbie’s little weekly mayoral plaything.

Anonymous said...

Anon at 12.26 AM - You have an anger management problem and anyone who posts here at that hour during a working week has to be having other problems.

Anonymous said...

It was good to see Allan Anderson telling it like it is in the letter in today's paper.

Anonymous said...

anon said:
.... anyone who posts here at that hour during a working week has to be having other problems.

*****

Gosh, Mickey you of all people should know what unsociable hours parents of young babies are sometimes forced to keep.

Anonymous said...
This comment has been removed by a blog administrator.
Anonymous said...

Name one. Another made up factoid.

------------------------------------------------------

Names?...and lead lambs to the slaughter? Sure Mickey!

Factoid?...So I guess that makes the two anonymous submitters that say the 'sun shone out of your arse' that day fictitious too, does it?

Laws Watch said...

The mayor did not say that. It was the Chronicle report...

Oh, of course. And the Mayor is so famously relaxed about the way he's reported in the Chron, never firing off letters of complaint or haranguing the editor, that such mis-reporting would slip by without subsequent correction.

But my Civics lesson has at least been able to clarify for you that BOTH the former CEO and the former council were responsible for the mess that the Aidit Office uncovered.

We never claimed otherwise. What we did say, and stand by still, is that the former Council's failure was in not adequately monitoring the CEO, who in turn failed to monitor the finances.

It wasn't the Council's job to monitor how well the staff were minding the pennies - in fact they're specifically prohibited from doing so.

Hence, the point of the post, which has become somewhat obscured in all this hair-splitting: Mickey's statement (uncorrected by him) that the Audit Office was somehow tacitly encouraging him and the diVisionites to practice hands-on financial management is a wildly inaccurate (and probably deliberate) misinterpretation of the report.

Anonymous said...

anonymickey said

... So that means the library was under the Library Board not the council for its goverance.

9:19 AM, June 16, 2006
************

Jeez Mickey, this really takes the cake for obfuscating the real issue which is, why were you so keen to promote the library (mis)manager that you didn't even advertise the job?

She gets $3 million worth of books and the pie-in-the-sky MB Laws Memorial Library to look forward to. What do you get?

Oh and while we're at, produce the Audit Office letter because no one believes a word you say. Send it to Laws Watch NOW!!! (sorry folks, Mickey's histrionics in these circumstances can be contagious:-)

Anonymous said...

Calm down anon at 4.08pm - keep taking the pills. Must be the same person who posts at 1.20 in the morning.

The Audit Office letter was made available at the finance committee meeting but I received my copy the next day at the front desk when I asked for it.

Why don't you chaps do your job, get one too and publish it here. Then everyone will be better informed including, ahem, Laws watch.

Anonymous said...

Ah, politics. The twisting and turning of Mickey and the makers of his emporal new clothes, and the twisting and turning of the administrators of this blog. You complement one another.

It is fitting that Mickey's legacy should be edited by such as these. His flexibility informs their censorship. His betrayals produce their justifications.

Fear is his watchword, and it has become theirs.

Anonymous said...

Funny little Freudian slip in the Chron's advertorial (sorry editorial) today for yet another big bundle of money to be spent on things this city can't afford, ie the velodrome roofing.

Apparently it's coming from the rowing lady's sport and creation committee which, like all diVision's pets, seems to be inclined to spend like a drunken sailor.

Perhaps the Chron could help in this "creation" project and make use of any downtime on its presses to print diVision money. Just keep churning it out like Mickey's role model Robert Mugabe, splash it on swimming pools, roofs, libraries and waterfront walkways, and pretend not to notice that like all diVision pork barrel projects, it's worthless.

Anonymous said...

It strikes me as ironic that our mayor-in-waiting had a couple of years of unfettered opportunity to criticise the previous mayor and council, courtesy Mr Maslin, and is now back in the run up to the next election with the same sort of Monday platform and playing the same tired old broken record with Maslin playing fiddle while he tap dances.

LawsWatch’s raisin d’etre is to provide the same sort of platform to critique the Laws regime yet he seems to have an completely irrational fear of what is said here. Like most bullies likes to dish it out, but he can’t take it.

Anonymous said...

Interesting insights in Mickey’s Sunday column today about what leads sad-sacks like him and the rugby test streaker to make dicks of themselves in that undignified desperate grab for celebrity notoriety. Poor dumb Lisa just had to flaunt her boob job while Mickey just has to flash his eye-liner whenever he gets a whiff of a tv camera (or even a Chron photographer, heaven help him). How long before he tries to flog off his lycra shorts on TradeMe, do you think.

Anonymous said...

What a nasty, petty little man Mickey is. Apparently he got to the end of his stupid rant in yesteray's Sunday Star Times and realised he hadn't met his weekly quota for the number of people abused and insulted. So he slagged off Wellington as the most boring city on the planet.

That's rich coming from the planet's most boring columnist.

Anonymous said...

Just read my Sunday paper, your mayor Wanganui is loosing it with his column, he's just bit stale of late.

Anonymous said...

two things i remember about my short-not short enough-time at the feet of the master (?) is that he was always upset if there were no letters re his sunday column the following sunday-not happening very often just now,eh michael, and to always put out press releases to the `chron` on a monday when there was no competition for news-he is running true to form there!
i can`t quite follow the logic that today bemoans the huge debt re the wastewater project and yet last week gives us the details of all the pools we will have at the splash centre-vastly lavish
no doubt he will explain abusively to me why that is