Last night’s Special Committee meeting was arguably the lowest ethical point in the history of this Council. Following the formation of this secret Committee (and the failure to record this in official minutes, nor to undertake adequate,widespread advertising) the committee outdid itself in refusing to grant Cr Penhalluriack permission to speak – twice!
Penhalluriack sat in the gallery, thereby providing concrete evidence that he has been excluded from this Special Committee. Twice he requested permission to address council and twice this was refused. Given that it is the Mayor’s prerogative to allow anyone to address any council meeting, such a decision is abhorrent to all residents concerned about democratic principles of transparency, accountability and open government.
The gallery was asked to leave so that the entire proceedings could occur in camera – that is, in secret, away from public gaze, and with no expectation that anything will be reported in the minutes.
On another issue, we recommend that residents look at the published agendaand note that the specific reason why the meeting was not to be public has not been declared as required under the Local Government Act. With three lawyers on council, a corporate counsel with a budget of over $1.3 million, one is entitled to start asking questions about the legal processes, and prowess of these legal eagles!
To quote Andrew Bolt, free speech was assassinated last night in a performance that will go down in history as the antithesis of what good governance is all about.
Glen Eira Debates 
October 5, 2011 at 4:12 PM
What a pack of gutless wonders these councillors are. What a pathetic lackey Esakoff is. She couldn’t make up her own mind about going to the loo without first asking Lipshutz and Burke whether she needs to. Newton is laughing his devious head off.
October 5, 2011 at 4:53 PM
It’s obvious that we have total incompetents parading as public minded councillors. To begin with I just can’t believe that nobody put their hand up and moved a motion that Penhalluriack be allowed to speak. At least then there would have been some open debate and residents would know exactly what each councillor thought. But no! Again, they’ve been bluffed into acquiescence and silence and the charade that this is a united council continues despite the fact that Penhalluriack is now personae non gratis and dismissed from an important decision making committee. Shame on them all. After 3 years of witnessing the games that Newton and Liipshutz play it is about time that these rules were tossed out completely, or that councillors have the balls to openly challenge them. Their silence is nothing more than complicity in the sabotaging of good government. I’m disgusted with the whole lot.
October 5, 2011 at 6:55 PM
Disgust is a pretty strong word, but in this case, entirely warranted I’d say. Far too much goes on in secret without proper justification. Mr Evans is correct in asking why not one single councillor had the brains, or the fortitude to stand up and challenge Esakoff’s ruling. All it takes is a motion and a seconder. Even if there isn’t a seconder, at least the gallery would know that there are some fair minded people as their representatives. This way everyone is tarred with the same brush.
The way in which this committee has been conceived and its membership is disgraceful. Penhalluriack faces what I’d consider to be deliberately trumped up charges of bullying, so he’s booted out of this committee. Another genuis stroke by Newton so that he is assured of numbers. Yet, we’ve also had Pilling come out and state his view that the ceo position be advertised. I simply want to know whether this can also be called preapprehension and that he’s made up his mind? But he’s still on the committee and Penhalluriack isn’t.
The real problem with Glen Eira is that anyone who dares open their mouth and ask questions of Newton becomes a target. We’ve seen this in the past and it’s rearing it’s ugly head again and again in a variety of ways. What’s despicable is that those councillors who perhaps have an ounce of decency in their bones allow this to go on without uttering a sound. Where were you last night Pilling, Magee, Lobo? I’m told only Forge voted against the Hyams motion to hold the meeting in secret! This says a lot about all of you.
October 5, 2011 at 10:22 PM
The various online Leader editions have stories about Casey council and the appointment process of the ceo and secrecy. The difference is that councillors in that zone aren’t scared of coming out and stating what they think. Some are reported as saying that they want their meetings to be open to the public and others say the opposite. That’s all fine because at least they’re saying something – not like councillors at Glen Eira.
My vote will go every single time to people like Penhalluriack rather than the slimy weasel mouthed hypocrites who have the gall to call themselves representatives of the people.
October 5, 2011 at 10:10 PM
We freely admit that we are not lawyers! However, the recent ‘birth’ of the Special CEO committee raises many questions. We simply ask: HOW LEGAL IS THIS COMMITTEE – BOTH IN THE WAY IT WAS CONSTITUTED AND HOW THE POWERS OF DELEGATION (& MEMBERSHIP) WERE DECIDED. We ask residents to carefully read the following and apply these principles to this committee and the secrecy which envelops it. The following extract is taken directly from the Department’s website – http://www.dpcd.vic.gov.au/localgovernment/guide-to-local-government/how-councils-make-decisions/delegated-decision-making
“A formal decision at a council meeting is needed to delegate decision making powers. Because they are making decisions in the place of the council, special committees of council and nominated council officers with delegated authority are subject to strict controls and accountability.
Special committees of council
Councils can delegate some of their decision-making powers to Special Committees of the Council.
Members of special committees can be:
only councillors or
councillors, council staff, other people, or any combination of these
The council always retains control over who is a member and what the committee is empowered to do. Formal delegation of specific powers and responsibilities is made at a council meeting, including any qualifications, time limit or reporting that the delegation is subject to. Councils can change or revoke a delegation at any time. Certain council powers cannot be delegated.
When a council delegates powers, functions or duties to a special committee, it hands over the power to make decisions on behalf of (or acting in place of) the council itself. It is not necessary for the council to re-make or ratify the special committee’s decision. This is why the Local Government Act subjects special committees to statutory procedures and conduct as the council.
Members of special committees are required to comply with conflict of interest and confidentiality provisions in the same way as councillors.
A special committee’s decision making power is limited only to those matters covered in the formal delegation document (the “Instrument of Delegation”). If a special committee determines matters that are not contained in the instrument of delegation these matters cannot be given effect until separately decided by the council.
Where the council has delegated any functions, powers or duties to a special committee it must keep a register of those delegations
October 5, 2011 at 11:06 PM
Once again as a Camden RESIDENT WE ARE DENIED OUR REPRESENTATION BY THE PERSON WHO POLLED MORE VOTES THAN WNY OTHER COUNCILLOR.
Remember old Voltaire from our school days
“I disagree with your views but I will defend your right to hold these views AND EXPRESS THEM to my very death”
The “ism” in Glen Eira by the leaders who preach of the evils of other non democratic forms of government are displaying the characteristics of George Orwell’s theory published in his famous work “Animal Farm”.
FOR DEMOCRACY’S SAKE THEY MUST ALL BE SACKED NOW!
October 5, 2011 at 11:11 PM
Stop pussy footin round and sack Newton. Pay the bugger out and good riddance. Hes wasted millions already so this’ll be money well spent.
October 6, 2011 at 12:19 AM
I want to sincerely thank the owners of this site for dragging into the spotlight all those issues that this council would prefer to see dead and buried.
I’m certainly not a political animal, but I do care about what is going on in my local streets and with my elected councillors. The really sad part in all of this is that I didn’t even know there was a special committee convened. I also didn’t know that there was a meeting. I didn’t know that emails are checked and councillors spied on. I didn’t know that it was a crime to ask proper questions about how my rates were being spent and I didn’t know that officers and councillors were so profligate with my money when it comes to spending it on needless heritage panels and experts, or countless lawyers to try and remedy the mistakes that they’ve made. None of this I would have known if all I had to rely on was the council’s publicity machine and their endless self promotion through the Glen Eira News. So I’m really grateful to this blog for keeping me and others informed and alert. I don’t always agree with everything written here, but that’s all right. At least I know what’s going on and I can make up my own mind and if I want to express a viewpoint like now, I can. So thank you to those people who set this up. Please keep up all the good work. I think there are enough decent people in Glen Eira who will ensure that those responsible for these continual breaches of decency will receive their comeuppance.
October 6, 2011 at 4:54 AM
There’s a big difference between acting legally and acting ethically. We simply can’t prescribe or legislate all desirable behaviour. I wouldn’t choose to behave in the way some councillors have, and to that extent, they don’t represent me. State Government has expressed its distaste for democracy by lengthening the term councillors are elected for. We don’t get a say in the appointment of the CEO, despite the extraordinary power they have. Just what does the deed of delegation say are the powers that have been ceded to the CEO Contractual Arrangements Special Committee, and what was the voting record of councillors in its formation? Lord Acton sure got it right with his famous quote.
October 6, 2011 at 9:03 AM
Now let me get this straight
. In November, 2009, Council appointed Andrew Newton as CEO of Glen Eira for a period of 2 years, with an option exercisable only by Council to extend the re-appointment for a further two years after that.
. Recently Council appointed a Special Committee to undertake the appointment of a CEO, however, the formation of this committee is not recorded in official minutes (which it is legally required to be).
. The Special Committee comprises all Councillors except Penhalluriack
. The Local Government Act requirement to advertise the Special Committee Meeting was complied with by a notice in the Age and included the words that the meeting was “expected” to be closed (i.e. not open to the public) ergo residents were deterred from attending. In fact the meeting was open to the public (as per the LGA).
. As a ratepayer Penhalluriack exercised his rights by attending the meeting and twice requested his right to address the committee. He was refused both times.
. The Special Committee then voted to declare the meeting and the process of appointing a CEO “ïn camera”. Residents and ratepayers will have scant knowledge of the process undertaken by Council and will only be advised when the CEO appointment in announced.
All the above points to skillful manipulation, Council dysfunctionality and toxic relationships. Time and time again, this Council and the Admin are criticised for lack of transparency, openness, accountability and manipulative behind closed door decisions. This is yet another example.
At this stage surely, Councillors are reviewing what process should be undertaken to appoint a CEO (re-appoint with or without advertising or not to re-appoint) so why all the deplorable shenanagins. While I do not expect residents/ratepayers to be advised of the entire process, surely there is nothing secretive about what apointment process is to be adopted and residents have a right to know that process before the event.
I expect better from Council and from what I am reading I realise I shouldn’t.
October 6, 2011 at 5:13 PM
I think you will find that the Special Committee is legal but you haven’t seen the Minutes. Of course you should understand that these things take a while to write out from the notes. There is probably no rule regarding when the Minutes must be published. That is how they would do it.
October 7, 2011 at 8:05 AM
I agree Anon this is how they would/will do it, so questions to be asked
. do you find this acceptable
. are you happy that a group, capable of this behaviour, is in charge of a budget of about $70 mill of our money and makes decisions which impact our amenity.
October 6, 2011 at 11:11 AM
Laws and regulations in this council are ridiculously flexible. It all depends on who is doing and saying what. If the perpetrator is a “favourite” then anything goes. If a black sheep who doesn’t toe the party line, watch out. The wrath of god will descend quick smart. There are countless examples in recent times. There’s the media policy requiring only the Mayor or senior officers to make public statements. The Leader is chockablock full of Lipshutz, Magee, Hyams (before he was deputy). So much for the policy.
There’s also the hypocritically named Code of Conduct – but with no teeth. Lipshutz can stand in his pulpit and insult to his heart’s content. Nothing stops him and there is no retribution or apology. Hyams follows his footsteps in similar demeaning performances.
When Penhalluriack tries to speak then all hell breaks loose. Such is the inconsistency and immorality of these councillors.
October 6, 2011 at 10:19 PM
Anonymous No 10,
I read your post and thought I had written it myself, you sure your not from our tribe, if you are you didn’t say anything to me.
But you really need to wash your mouth out with soap, how dare you talk about some of these esteemed Councillors like this.
– “Laws and regulations in this council are ridiculously flexible”
– “If the perpetrator is a “favourite” then anything goes. If a black sheep who doesn’t toe the party line, watch out.”
No they are not, the laws are rigid and everyone is treated equally no matter what colour, race, religion, friend or relative. Just ask any Councillor about the law being applied equally to all.
– “There’s also the hypocritically named Code of Conduct – but with no teeth”
Hypocrite is spot on for some of this bunch, but the Code of Conduct is fine, it’s the application and enforcement of the Code that is the problem, or should I say lack of.
The people enforcing the Code of Conduct make that Petrol Commissioner look like Jabber Jaws.
Frank and I have butted heads many times and agreed on some things, but this is a so ridiculous it must be an internal joke. A Councillor can’t ask a question, I’m still chuckling with my back teeth at this one, well if that’s the case what hope has a member of the public got of asking a question.
This will be a soap opera on Ch 31 soon.
October 6, 2011 at 5:05 PM
I had a dream that I was reading the Saturday Age and I noticed an advertisment for a CEO for the City of Glen Eira. I couldn’t beleive it. I rang alot of people and told them. Then I woke up. Geez, it was a good dream. One of the best.
October 6, 2011 at 6:44 PM
I WOULD LIKE TO MOVE THAT THAT COUNCILLOR ACTS ACCORDING TO IS NAME AND HE KEEPS HIS LIPS SHUT FOR AT LEAST HALF OF THE TIME AT LEAST!!!!! AND HE FIVES OUR OTHER REPRESENTATIVE WHO
DOES NOT HAVE THE LUXURY OF EARNING HIS LIVING BY TALKING A SMALL CHANCE TO EXPRESS HIMELF WITHOUT SNEERING AND INTERRUPTION ALL THE TIME.
There seems to have been a type of initiation process (more savage than at any university) developed among the “power brokers” in the town hall whether they be professionals or elected representatives and the result being that other councillors are afraid to speak if they hold a differing view!!!
Maybe we should be wary of having so many lawyers on council as they are perhaps a little boring and not aware of the means of carrying out practical tasks!!!!.
VARIIETY SHOULD BE THE NAME OF THE GAME AND THE MAYOR SHOULD TOLERATE CONTRIBUTION OF IDEAS FROM ALL COUNCIL MEMBERS!!!!
October 6, 2011 at 7:30 PM
It’s not “disappearing” – it’s gone. Newton,Lipshutz, Hyams, Esakoff and Tang, have killed it!
October 6, 2011 at 9:10 PM
http://www.abc.net.au/news/2011-10-06/sheales-councils-in-confidence/3317470
worth a look. The ABC are learning.
October 7, 2011 at 8:24 AM
And this Council supports the idea that local government should be enshrined in the Constitution as the third tier of government. With the political and managerial calibre shown in this instance (and others too numerous to mention), I shudder at the thought.