For those who may not know the works of Kafka, we strongly recommend The Trial & The Castle. In their own way both chronicle the crazy, manipulative world of bureaucracy gone mad. Events of this afternoon in Council Offices would fit very nicely into the nightmarish world of Kafka. Below is the chronology of these events:
- Cr Penhalluriack had written to Mayor Esakoff informing her that he wished to inspect the Register of Interests and his own Personnel File as every resident is entitled to do under the Local Government Act and the Information Privacy Act. That he would come to the reception desk to pick up the documents. No response was forthcoming from Esakoff.
- Penhalluriack arrived at the prescribed time last week only to be informed that the documents were not available since he had not filled out the required form. This was then filled out and this afternoon’s ‘Pick up’ time was again transmitted to Mayor Esakoff in writing.
- Penhalluriack invited a resident to accompany him as a witness
- Upon arrival the Operational Manager of Civic Compliance met both at the Reception desk and invited them into a separate room where Council’s Privacy Officer (Rachel Kenyon) was waiting.
- Following introductions, the resident witness was informed that the Register of Interests was only available to Cr. Penhalluriack since the required form was not filled out by the resident.
- Kenyon informed the group that the documents were available for inspection only until 4pm (arrival at the offices had been shortly after 3pm). When questioned as to whether there is a time limit on ‘inspection’ Kenyon responded that that is when she finished work and that if more time is required then another request, and appointment must be made – and presumably another form filled out!
- When Penhalluriack asked some general questions of Kenyon her reply was that she was there to ‘discharge her duties under the Local Government Act and NOT TO COMMUNICATE’ and that all questions be forwarded in writing to Paul Burke. The resident then asked whether the Local Government Act also forbade ‘communication’? No answer!
- Penhalluriack then stated that he had been directed to forward all requests via the Mayor and that he had complied with this. He then asked Kenyon whether she believed he was bullying or harassing her. The response – ‘No comment’.
- Penhalluriack inspected the register and took notes. Upon completion he requested to see his Personnel File. Kenyon responded that she knows nothing about this and that the matter be taken up with Paul Burke. Penhalluriack then wanted to know if the Mayor was available. Kenyon left the room to check. She returned shortly after and informed everyone that the ‘Mayor was busy’. The meeting then concluded.
COMMENT
Council officers are there to do the bidding of councillors and not the other way around. These events are inexcusable – legally, morally, and socially. Every resident has the right to be informed (and inspect) the information that council has collected about them, as well as to inspect the Register of Interests. If councillors can be treated in this obnoxious and deliberately obstructive fashion, then what does it say about the potential treatment of ordinary citizens? Esakoff’s seeming complicity in these events also deserve the spotlight.
October 10, 2011 at 10:06 PM
Council officers are incredibly well trained. What’s wrong is that they’re trained to be as unhelpful as they possibly can to the general public – and Penhalluriack in particular. First their was the incredible performance by Ms Brasher in the c60 and racecourse planning matters. Now there’s the Kenyon straight bat. Each episode displays arrogance and a ‘stuff you’ approach to their duty to serve the public. Newton and Burke must take responsibility for this culture of obstruction, delay and passion for control.
October 10, 2011 at 10:35 PM
Councils officers are incredibly well trained, like my dog, begs, rolls-over and sneaks behind my back and sleeps on my bed, and steals food, yep! I know what you mean.
October 10, 2011 at 11:29 PM
No way Anon! Dogs have brains. These bods are programmed robots. Plug in the phrases and they’ll repeat them at will. Just press the right buttons and you get the right phrase courtesty of the arch manipulators Newton and Burke. What a sick, sick, sick place Glen Eira is.
October 10, 2011 at 10:53 PM
Frank is a joke.. He knows that Council Officers answer to the CEO and not to the board of Directors. Frank knows that, and yet he has in my opinion deliberately embarrassed a female member of staff doing her job. He is a weak person.From your discription it would not surprise me if the CEO will write to Frank and inform him that he Frank, is not exempt from the LGAct or bullying provisions.
October 10, 2011 at 11:52 PM
Ms Kenyon should be embarrassed – but not because of Penhalluriack. Her embarrassment derives entirely from her refusal to do her job in a friendly and collaborative manner. Pray tell whose interests is she protecting here by such obstructionist words and actions if not those parasites whose approval her job depends on? As the Information Privacy Officer then it is her job to have collected the requested data and then to make a decision as to which documents will be handed over and which won’t. By not producing the requested files she has failed in her performance to carry out her duties. And since when is Paul Burke in charge of personnel records, privacy, or anything else that Penhalluriack asked for. His official title is “Community Relations Officer”. That’s it! By referring to him Kenyon has made it clear who is pulling her strings and how UN-independent the position she holds really is. That’s a travesty of the law and all ethical conduct.
October 10, 2011 at 10:55 PM
On a slightly different issue, I went along yesterday afternoon to see Triangle Wars and to sit in on the Q and A immediately after the movie. Every resident and councillor should see this doco. Lipshutz and Hyams need to pay close attention to the words of some of these now defunct councillors because they are saying exactly the same things and it went down like a lead balloon with the residents of Port Phillip. Even more intriguing was the look on Spokes’ face when the new councillors got in and told him that he had to report on how much money he’d spent hiring such consultants as the White Witch. He swallowed hard and within weeks resigned. I must admit that I couldn’t help thinking of Newton at this point and his yes men and how simple it is to get to the truth and stop the collusion that was at the bottom of the Port Phillip mess. All it took was a new bunch of councillors committed to the locals and determined to make a change. A simple resolution of council and Spokes was gone, the triangle was dead and the developoer put to bed at admittedly the cost of $5 over three years. At least residents got what they wanted. Those councillors who refused to listen also got what they deserve. Amazingly Dick Gross even admitted that he had never bothered to read the contract. Unbelievable! I wonder if Lipshutz ever bothers to read the contracts for GESAC and the fine print of C60. In the end the message is clear – at both local and state level. Betray the populace and you pay the price. Sidle up to power hungry incompetent managers and you also pay the price. All power to the people!
October 11, 2011 at 12:39 AM
Monty Python would love this post for its complete insanity and bureaucratic instransigence. What should have happened was that the witness asked to sign the form then and there and then asked what the Local Government Act says about time lag between the signing of the form and the permission to view the Register of Interests. Is it 2 minutes, 2 hours, 2 days, 2 months, 2 years? If nothing is specified then perhaps there is no time limit at all, or the time limit is forever. It would all be up to that lovely Ms Kenyon. Problem is that she probably isn’t programmed to answer such questions, so we’re back to square one. Next, should have been a request to photograph the Register. Again, what does “inspect” really mean? A visual viewing only? Where is this stated in the Local Government Act? This kind of legal bullshit could have gone on all day. Our money at work folks! I suggest that residents try it out. Next time you have to deal with council ask them to cite chapter and verse of the legislation that you think covers your request and then argue like hell with them when they either fail to point to a specific section of the legislation, or they give you the runaround and you just stand there and stick to you rights. Use the law by turning it back on these bastards. Don’t accept anything they say if you think it’s not right or not fair. Then go to the privacy commissioner or the ombudsman and complain like hell. One day these departments and authorities will get so sick of complaints about Glen Eira council that they will actually do something and remove those responsible for this total perversion of the law. I can’t wait for this to happen.
October 11, 2011 at 8:04 AM
That woman doing the FOI’s should note the paragraphs on the front page of the Council Agendas. It includes “in a caring accountable and professional manner”. Caring, no, professional, no. Accountable, probably yes, to her boss. She needs to be counselled on customer service. She certainly wouldn’t get a job in Franks hardware shop. Then again, maybe Frank could undertake to train a few of them by rotating them through the shop. This would introduce them to the “real” world that the rest of us live in.
October 11, 2011 at 8:13 AM
With respect to inspecting the Register of Interests, this is covered by S81 of Local Government Act 1989. Under S81(10) written application needs to be made to the Chief Executive Officer, *not* the Mayor. S81(11) specifies that the register may be inspected during normal office hours. Ms Kenyon appears to have exceeded her authority by restricting access to before 4pm, unless that is the end of normal office hours for Glen Eira Council (which I doubt).
She is quite correct in taking reasonable steps to ensure no other person than the person who made the application inspects the Register, as per S81(12). S81(13) implies a right to copy information, since the information must not be published unless its a fair and accurate summary *or* copy.
The incident where Ms Kenyon refused to answer general questions could be interpreted as an act of bastardry. If she believed the questions were covered by S81(14), prohibiting her from divulging or communicating any information covered by the inspection of the register, then that’s appropriate, although I would expect an officer to make clear that is the reason for not answering specific questions. Because otherwise, S95 “Conduct principles” apply. Would Ms Kenyon treat me in the same way? Refusing to answer questions where there is no statutory basis for doing so would appear to be a violation of S95(1)(d) “provide responsive service”.
The impression given here is that Council will go to any lengths to be unhelpful to certain subsets of the community. Margaret Esakoff did warn me some years ago about what can happen to Councillors who don’t do as the officers wish. It takes considerable strength of character to resist that pressure.
October 11, 2011 at 11:20 AM
You miss another important thing here – the presence of 2 officers. I’m amazed that its thought to be necessary to waste 2 officers time over something like this. One officer should have been plenty – unless of course council didn’t know that Penhalluriack had called in a witness so it would always have been two versions against one without this witness. There’s a lot of really sneaky stuff going on here and it’s clear whose being targeted.
October 11, 2011 at 11:36 AM
Did Frank turn up with Rosa or Don Dunstan?
October 11, 2011 at 5:27 PM
Quack, quack, quack quack! Take a bex Noel!
October 11, 2011 at 6:55 PM
I am too busy selling toys to worry about Council.
October 11, 2011 at 12:31 PM
Rosa. Read between the lines.
October 11, 2011 at 6:24 PM
Pretty gobsmacking stuff. Reprobate’s above comment re being “warned some years ago about what can happen to Councillors who don’t do as the officers wish” is remarkably telling. There’s been a role reversal – the admin is the dog and Councillors are the tail and that folks is not the way it should be.
It speaks volumes about the integrity and calibre of our elected representatives that they have allowed this to happen. At the next election would Councillors skip the cr*p about serving the community and their vision for Glen Eira. Why don’t they simply say, we promise to do what the admin wants and will sit back and watch them crucify the poor sucker who actually speaks for the residents.
It also speaks volumes about the admin who have carefully manipulated the whole scenario and are tapping the bottomless pit of ratepayers funds to do so.
Council’s states it’s purpose as being one of “working together”.. “according to community values, needs and priorities” … “ïn a caring, accountable and professional manner” … “that provides value for money”. Reading the tale of shameful behaviour that must be costing ratepayers thousand, I am at a loss to find anything resembling this purpose in any discussion on of the discussions on this bullying charge.
All I can find is dysfunctionality, toxicity, a total failure to perform and a serious leaking for ratepayers money. It’s time to cut the cr*p.
October 11, 2011 at 10:27 PM
Why would Frank want to inspect his own Register of Interest? Surely he still remembers what he himself wrote in it.It’s a copy of a Form he filled out.
October 11, 2011 at 11:02 PM
Glen Eira, you have once again raised an issue and made an unsubstantiated interpretation of the events.
Presumably you have obtained this information from Frank or his unnamed companion. So perhaps you might inform us of Frank’s purpose in wanting to see this information and of wanting to make an issue of it. I don’t question his right to the information (all residents have the right to view these documents) but it seems that Frank has little regard (or maybe knowledge) of how to go about this.
And by the way, since Frank is providing you with information, you might also care to ask him the nature of the bullying/harassment issue – so far all we have got is speculation.
But here’s my thoughts on this particular issue –
You state that Frank wrote to the Mayor requesting access to the Register of Interests and his Personnel File. Frank really ought to know that the request should go to council administration. Any resident can request to view the Register of Interests but the application should go to admin, not the Mayor – it’s not her role.
It appears Frank told the Mayor when he would turn up to inspect the documents. Again, he hasn’t made the request to the right person. Is he expecting special treatment? Does he think that he has more rights than residents? Why didn’t he make the appropriate application?
After he made the application, as pointed out, it was obviously inappropriate to take along someone else who had not applied to see the documents. If this other person had also made an application presumably they would also have been able to view the documents. Once again, it seems Frank was expecting special treatment or is ignorant of council procedures.
You further state that Kenyon refused to answer some “general” questions from Frank. Since you have obviously received this information from Frank you might like to tell us what sort of questions Frank asked. If they were in any way related to opinions about council or staff, it would of course be inappropriate for her to answer them. But of course we don’t know what the questions were.
What I am saying here, is that this issue may not be as sinister as you imply – it may simply be a case of a councillor who is ignorant of (or has intentionally ignored) reasonable procedures.
Glen Eira, since you are obviously in touch with Frank, you might like to explain the point of this exercise rather than just speculating.
October 12, 2011 at 11:15 AM
Glen Eira did you accompany Frank when he inspected his own Register of Interest. It’s a simple question that does not require a PH D to answer. Further if it wasn’t you who was it. You seem to know everything about this meeting and you named the Council Officer. Now it;s show and tell time.
October 12, 2011 at 1:29 PM
Calcuoate the cost to residents the salaries etc for two ‘PAPERGUARDS’ who watched especially and exclusively over the elected representative of the CAMDEN WARD in the belief that he would do the wrong thing. SURELY THERE COULD BE A SECDTION SET UP IN THE LIBRARY where residents could examine files etc without such unwarranted and unnecessary expenditure