Can a leopard really change its spots? It doesn’t appear so. We’ve recently learnt that Andrew Newton has made allegations of bullying against Penhalluriack. This is now being ‘investigated’ by a council hired lawyer – and probably at great expense to ratepayers. As far as we understand this is simply an ‘informal’ process to determine the validity or otherwise of the allegations.

What is immediately apparent is that such tactics are not new to Andrew Newton. He has tried this tack before as noted in the Whelan Report. We quote:

“The letter referred to a report which the CEO presented to Council following a trip by three Councillors (including Grossbard and Erlich) to the Council’s sister city, Ogaki in Japan. It stated, in essence, that the administration had submitted a report to the Council about the trip which was inaccurate and denied them natural justice, and that they would be issuing a press release calling for the dismissal of the CEO, Andrew Newton.

The Council sought legal advice from Macquarie Lawyers and Strategists and was advised on 1 July 2002 that the “… Council has breached its statutory obligation to provide a working environment that is without risk to the CEO”.  

The legal advice proposed four recommendations, including:-

  • • adopting a Code of Conduct for Councillors in the form of a Local Law with sanctions; and
  • • providing a process for resolving disputes between the Council and the CEO.

Further, it stated that:-

“I am satisfied that the sending of the memoranda and the prior behaviour of Cr Grossbard as detailed in the CEO’s report constitutes conduct which challenges the CEO’s work environment which should otherwise be free of preventable harassment. Unless a remedy is found ……. it is likely that Council will remain in breach of its statutory obligations towards the CEO”. “

So here we go again. The tactics remain identical. When questioned, it appears that Mr. Newton brings out the big guns – ie. claims of intimidation, harassment, and bullying. So who is this Andrew Newton? What drives him? What motivates him? Why does intrigue and controversy dog his every move? Why from the time he set foot in Glen Eira has there been division, mistrust, and open hostility? We can lay the blame at various councillors – perhaps! We can also blame ourselves for electing dummies. But is this the whole story? We’ve asked before, what role has Andrew Newton played in the Glen Eira dramas of the past 13 years? What other individual in the entire state has been embroiled in three formal Municipal Investigations, and god knows how many other ‘please explain’ enquiries?

The central question is: how does he operate? What are the tactics that he has possibly used in these 13 years to silence critics or to discredit them? Have these all been ethical? legal? All we have to do is look at certain sections of the Whelan Report to note several things:

  • Newton has employed the ‘safe workplace’ strategy to rid himself of certain councillors; this ploy we assume, has also succeeded in putting the fear of god into other councillors
  • He has published information that has no right to be in the public domain
  • He didn’t perform his duty of warning councillors and previous CEOs when he should have

Today, we have the same tactics being played out. This time it is directed at Penhalluriack – maybe because Penhalluriack has the temerity to actually be doing his job and asking what constitute uncomfortable questions of the CEO? What residents need to consider carefully, is whether this is the man they want to continue at the helm of the Glen Eira administration. How much is he costing us and how much will he cost us in the future? What impact will this new ‘investigation’ have on the reputation of this Council and its councillors?

WATCH THIS SPACE – MORE TO FOLLOW!