May it please Mr. Deputy Mayor and fellow Councillors; I thank you for this opportunity to make this right of reply.
I was born in Freeman Street, not far from here. I’ve conducted a business in the City of Glen Eira for over 35 years, and have come to know and love its residents and ratepayers.
During those 35 years I have witnessed the changes in the Municipality and in its shopping and amenities. I have recently recalled that our local Member of Parliament, Mr. Southwick, worked in my shop part time while he was a student to earn himself some pocket money.
I have now built up my business and employ fifty people. And so, in the autumn years of life, I decided to contribute to the community as a Councillor for the City of Glen Eira. In 2008 I was so duly elected.
It has come as a shock, and with great disappointment, to be handed a copy of an article appearing in the current edition of the Melbourne Bayside Weekly.
The article refers to a “legal stoush”, and claims that residents are saying that Council has sought legal advice concerning allegations that I have bullied our Chief Executive Officer, Mr. Andrew Newton.
I am embarrassed and demeaned by such an unfounded allegation reaching publication in such a widely circulated newspaper. And I can safely presume our Chief Executive Officer will also suffer this embarrassment.
The article further claims that a ratepayer has asked Council for details of legal costs which Council has incurred concerning allegations that I have bullied our Chief Executive Officer.
The article makes constant reference to the secrecy of Council and the lack of transparency in Council’s dealings. And, it is further claimed in the article, that the City of Glen Eira has been plagued by a lack of transparency for the past fifteen years. And further that the blame lies with the administration and not with Councillors.
It is a common proof that an institution practising democracy will consist of democratically elected members representing the populace, and of a Secretariat — usually permanently appointed — to administer the will of the populace. It is essential that the democratically elected members can freely and openly convey the will of the populace, and that every effort should be made by the secretariat to implement the directions given to it by the elected members. Council will share my regret that there appears to be a perception in the community of differences appearing between the Council and the Secretariat of this, our Council.
I have entered Council in the latter years of life with goodwill and an endeavor to bring to Council the hopes and aspirations of our citizens.
As I address this Council Meeting on questions of transparency and openness I find that I am the subject of an allegation that, as a result of supporting a motion relating to a mulch bin, there are rumours that I have a conflict of interest because the mulch bin was closed, and I happen to sell mulch in my hardware and garden centre. Of course, like dozens of other local businesses, I sell mulch. I also employ some 50 people and carry a range of over 26,000 different items for sale. Obviously such an ill-founded rumour is absurd.
I request and expect Councillors and the staff of Council’s Secretariat be supported in the event of ill-founded and scurrilous rumours bringing the City of Glen Eira into disrepute. It is now in the interests of our great Council that a new policy of openness and transparency be created, and every effort should be earnestly made to improve and expand our existing policies of openness and accountability to our ratepayers and our citizens.
Glen Eira Debates 
August 10, 2011 at 4:32 PM
“It is essential that the democratically elected members can freely and openly convey the will of the populace, and that every effort should be made by the secretariat to implement the directions given to it by the elected members”
“It is now in the interests of our great Council that a new policy of openness and transparency be created, and every effort should be earnestly made to improve and expand our existing policies of openness and accountability to our ratepayers and our citizens.”
Well said Frank! But are the buggers listening?
August 10, 2011 at 4:49 PM
Sounded great but will it actually happen with this gang, I dont think so.
August 10, 2011 at 10:17 PM
This is a strange statement from Frank.
He claims that allegations are unfounded but it is not clear what he is actually referring to – the claim that accusations of bullying have been made or whether council has paid for legal advice? The fact that council refuses to answer questions about this issue suggests it has some basis. Otherwise why not simply deny the rumours?
Clearly Frank is very offended. After all, he employs 50 people – he tells us that twice. He tells us that he was born in Glen Eira, that he loves the people, that he has entered council to make a contribution to the community. Fair enough. But he doesn’t actually specify where the Bayside Weekly was wrong.
Most of his statement has absolutely no relevance to the issue. He says there is a community perception that council should be more open and transparent. But when has Frank actually communicated with residents or sought input from the community? Has he held a ward meeting? No – this statement is about Frank, not the community.
But then he calls for more transparency and openness. Good – but his statement misses the opportunity to do just that.
August 11, 2011 at 9:08 AM
Why would anyone hold a ward meeting. It is hardly represenitive of the Ward. Just a handful of people that make Council their hobby would turn up. It is just a political stunt where Councillors promise to hold Ward meetings when they are trying to get elected. In fact very few hold regular meetings. From time to time a few Councillors will hold a meeting out of guilt. As for Frank. Clone the bastard.
August 14, 2011 at 9:07 AM
Whatever your motives – this comment is offensive in a western democracy
August 15, 2011 at 8:44 AM
Get a new hobby. Be good for you.
August 10, 2011 at 10:45 PM
Why didn’t Frank just state that the article in question.is crap and without foundation? He uses a lot of weasal words. Frank make an open and tranparent unambiuous statement.
August 10, 2011 at 10:53 PM
Glen Huntly I can go along with your thesis up to the final two paragraphs. Ward meetings have become fashionable for some councillors. There’s been one by Magee, and another Tucker Ward one where Magee, Hyams and Lobo showed up, and then there’s also been a few Pilling ones on his own and then together with Tang and Esakoff. But has anything eventuated from these forums. I seem to remember posts and comments here that claimed there had not even been one iota of feedback from any councillors on the forums, their outcomes, or actions taken or not taken. Thus, if Penhalluriack hasn’t held a forum who can blame him knowing the record of forums here. You also ask whether Penhalluriack communicates with residents. Anecdotal reports would suggest that he does. At the very least he’s been consistent on upholding his election promises and battling the MRC. I don’t know if the same can be said for other councillors.
Now for the speech itself. Glen Huntly, what would you have liked him to say given the veil of secrecy that this council imposes on everyone? The quote in the Bayside Weekly story makes it clear – that is, “My hands are tied”. A better question would be why they’re tied and who tied them? At least there’s a public admission that “a new policy of transparency” is needed in Glen Eira. That’s a hell of a lot more than any other councillor has ever stated in public. What we usually get is the party line of collegiality, smooth sailing, best council, best officers, best nonsense. Maybe this is about Penhalluriack – in part. I see it more as a wakeup call to other councillors and an invitation to get off their backsides and actually change a culture and mindset that works against council and its residents.
August 10, 2011 at 11:44 PM
100% agreement from me on this one. Frank’s gagged. End of story. But ya gotta be a real genius to vote in an amendment which puts the word ‘repetitive’ in front of Tang’s proposal that officers report on time taken to answer repetitive questions. Hey, has anyone told them that their answers are duplicated time and time again so that it should take Burke exactly five seconds to answer any question! Hey, let’s be generous and say that it takes him one hour or even one day. So what? That’s what I’m paying him plenty for and he’s a real gun at giving responses and not answers.
August 11, 2011 at 10:01 AM
Yes D Evans, why Frank’s “hands are tied” is a reasonable question. Or rather, why he says they are tied. Surely he could have shed some light on this in his statement.
And I’m not convinced that his hands could be tied. Remember Frank was prepared to break the law and go to gaol for principles he believed in – so I hardly think he could be muzzled on an issue like this.
What is strange and illogical about Frank’s statement is that he seems upset about publication of information about council business, yet then calls for more openness and transparency. If the published information is incorrect then he should correct it – that’s what a right of reply is for.
August 12, 2011 at 11:17 AM
If you can believe one word Frank says then you are a fool. Obviously this matter is a Legal Issue as defined by the LGAct and that is why Frank is gagged.