City complicit in Japingka parking breaches
COMMENT: THE role of mayor includes providing leadership and working with the CEO to ensure local government affairs are in order. The Act also bestows a critical function in which elected members must abide by the Act or, “any other written law”.
After StreetWise exposed the blatant and continuing disregard of local parking laws in Fremantle by staff at Japingka Aboriginal Art where Mayor Hannah Fitzhardinge’s mother works, the City informed tenants last week it was ‘finalising’ a plan of action for the rear of the former Union Stores that included realigning bays and removing one of only four trees on the High Street block.
This is called kicking the can down the road as the City already told tenants on May 17: “The City has recently looked into the idea of realigning or resizing bays to look at accommodating more vehicles in this space but this has not proved feasible due to heritage considerations and vegetation in situ.” Right hand left hand?
The only movement on this issue that has cost Fremantle ratepayers thousands of dollars in lost income is Mayor Fitzhardinge having ‘absented’ herself from it last week because she said her mother worked at Japingka, one of five staff using three bays and an unmarked bay (pictured below).
The City has been aware of the parking breaches since at least May last year when Port Jarrah Furniture owner Clint Clarke first complained to CEO staff about his neighbours encroaching into his paid bay ($214.50 a month).
Twelve months later. All tenants were warned on May 17 this year to observe local parking laws (after Mr Clarke complained, again) and that infringements would be issued after a two week ‘grace period’.
Last week, after no infringements were issued despite Mr Clarke’s photographic ‘trail’, CEO Glen Dougall’s office changed its mind and informed Mr Clarke no infringements would be issued until it finalised its ‘plan’ to reconfigure the rear of Japingka on the request of Japingka (see July 6, 2022 below).
Former Burke minister David Parker is correct in stating on this site the mayor had done the right thing to remove herself from the issue, but she did so only after StreetWise exposed the Japingka freeloaders including her mother Jody Fitzhardinge. She first became aware of Mr Clarke’s complaints about her mother in November last year.
Until then, when Mr Clarke first discovered the mayor’s mother was one of the Japingka staff parking unlawfully in his bay, it was the CEO who knew of but failed to act on Mr Clarke’s legitimate complaints.
Mr Clarke said Mr Dougall assured him personally (see December 24, 2021, below) the ongoing parking problem would be resolved.
The past couple of weeks show how far the City’s new CEO, and the mayor, have come.
StreetWise understands notice will be given at the FPOL meeting tomorrow that a motion will be moved at the OCM next week to have the issue investigated. This would not be necessary if the CEO, who is paid a small fortune, did his job and directed his line managers to enforce the law.
Instead, Mr Dougall has directed staff not to enforce the law (see June 24, 2022, below). Why when he assured Mr Clarke he would resolve the issue affecting his business which has operated in the city for more than 20 years?
Mr Clarke has not received a reply to his letter of demand sent to the City last week with images of the continuing transgressions by Japingka staff and the contempt of, “any other written law”, by executive staff at the City of Fremantle.
Local government at its best.
Turning a blind eye?
May 14, 2021: “Hi, Japingka have been squeezing 4 cars into 3. If you don’t sort it out immediately, I am refusing to pay for parking. They are ripping off all of us”.
November 19: “Hi, Trying to park right now and can’t. Why are you letting this happen?”
Response: Hi Clint, I believe there are discussions taking place about these bays between Japingka and our Economic Development team. Thanks for the photo I have also passed this onto them. I’ve also spoken to Japingka who advised me that they will shift the cars immediately.”
November 22: “Again four vehicles into three car bays. Pays for three and gets the fourth free? How is this even possibly allowed when the City will fine any vehicle on the Main Street for incorrect parking or no ticket displayed. I require a month credit for all these parking problems with your tenant Japingka. Nothing has been done at all … The lady who works for Japingka and generally is the main car crossed into my bay is the Mayor’s mother. You are not representing me under the commercial tenancy act as my landlord.”
November 23: To mayor: “Hi, would like a meeting regarding some issues with marketing and the dirty streets. I’m flexible with time to suit. Would like to walk High Street and Cappuccino Street. Regards Clint Clarke.”
November 30: To Frank and mayor: “Hannah’s mother and others from Japingka constantly parking across in my bay. I would like this to stop. They are squeezing four cars into three bays. Receiving free parking whilst all of us pay?”
December 24: Glen: “I will ask our property team to reach out to Japingka to ensure they do not interfere with other bays when they are parking.”
January 10, 2022: More photos. To Frank, Glen and Hannah.
January 14: “They are presumably paying for either two bays or three definitely not four bays. Again in my bay. This was supposed to have been dealt with? Again Hannah’s mother in my bay.”
April 7: “Hi Clint, Thanks for the photos.”
April 12: “Can we organise a time to meet up please. Regards Clint.”
April 29: More photos.
May 1: “After Friday’s episode can I ask whether Japingka is paying for three or four bays? As I’m a South Fremantle resident as well they are ripping off our ratepayers by dodging parking fees. I also want to make an official complaint. What is the process? I pay for a bay and it’s constantly half parked in. They cause drama with me when I go and have to ask them to move there car. I don’t think this passes the pub test in public eyes … It takes up to 10-15 minutes to get them to move their cars whilst I have customers waiting to talk to me. The City has more than enough proof of photos that I have sent just in the last six months. There is also a sign stating of fines up to $5k by the City. Why haven’t they been infringed?”
May 14: More photos.
May 17: “Hi Clint, Thanks for your patience with this matter; I had to obtain approvals and sign off on wording but we are confident that the messaging is clear and that the city will now infringe any parking indiscretions that are found or raised to the city.”
June 17: More photos: “Can you sort this out with fines please.”
June 23: More photos: “My question is are they paying for three or four bays?”
June 24: “Hi, Japingka has four cars in three bays again Now. Can you please have parking inspector come out and fine them as per you letter stated 17/5/22. I also will allow access through my shop for parking inspectors to gain access to car park. Regards Clint Clarke.”
Response: “To cut a long story short, Japingka has made contact directly with the city in response to the communication we sent out to all Union Stores tenants and specifically requested the CEO to attend the site for a discussion, which he did with another city representative last week. They have requested the city look again into the matter and see if there are any other options available to facilitate more parking at the rear. The city will formally provide a response to Japingka and all other tenancies once we have consulted with other internal teams (heritage, infrastructure, assets etc). For the time being, please understand that my hands are tied and I have been specifically requested by the CEO to not enforce any parking infringements on any vehicles until the formal response and advice has been put together and concluded. We intend to finalise this in the next couple of weeks. I appreciate your understanding and will be in touch soon.”
June 25: To StreetWise: “I have met with Glen Dougall and Frank Moffin and nothing has been done. I have emailed Hannah and she has ignored me even with photos of her mother’s car.” (Link at www.streetwisemedia.com.au/mayors-mum-caught-up-in-japingka-parking-dispute).
June 29: “Hi Clint, For any future occurrences of unauthorised parking in your parking bay I have instructed the relevant officers to take appropriate action.”
July 1: “Car below is illegal parking there is no bay. It has been in many photos in the same spot over the last year. Also parking not within lines. Which is a $80 fine.” (Link at www.streetwisemedia.com.au/city-of-fremantle-blind-over-japingka-parking-contempt).
July 6: Mayor Hannah Fitzhardinge: “Just letting you know, I have absented myself from any issues related to Japingka gallery as my mum works there. If any of you have any enquiries related to the frequent emails we are getting please direct them to (the CEO). I have not been and do not want to be involved!” (Link at www.streetwisemedia.com.au/i-see-nothing-i-hear-nothing-i-know-nothing).
Same day to Mr Clarke: “The City understands your concerns and is finalising a plan of action for this area with a view to infringing parties parking illegally. Noting the increase of requests for tenant parking in this space, the City has been asked to look into other options first that may accommodate extra parking including realigning of bays and/or moving/replanting trees. Engagement is required with several stakeholders to get an idea of exactly what can be done in this space regarding parking. We do understand the impact on you and as noted to you, any car that encroaches or is parked illegally in your bay will be infringed. Regarding the adjoining car bays, the City will only infringe parties once consultation re: the above is complete and once all options have been reviewed and considered. Tenant consultation would also occur at this point so that all parties are aware and have had the opportunity to make comment. With the parking of the Hyundai, this void is also being reviewed and if determined, the city will likely need to paint the space highlighting that parking is not permitted; immediate infringement would not be possible.”
July 12: More photos. “Vehicle still obtaining free parking how can the City allow this when I pay $214.50 a month for one bay?”
