Jamie Hyams was appointed Mayor tonight with Neil Pilling elected as Deputy Mayor. Following is the sequence of events –
Paul Burke announced that he had not received any apologies although he noted that Oscar Lobo was not present.
Andrew Newton read out the necessary procedures and protocols indicating that if the vote was tied he would toss a coin.
Lipshutz nominated Hyams
Penhalluriack nominated Magee
The vote was Hyams – Lipshutz, Esakoff, Tang and Hyams
The vote for Magee – Penhalluriack, Forge, Pilling and Magee
The vote was 4 to 4. Penhalluriack called for a division. Newton said “No, the vote is four all – Section 8 in the procedure of the Local Law states……(read out the relevant section which basically stated that another poll must take place)…if tied….determined by lot by Chief Executive Officer’. Stated that tossing a coin was ‘the most transparent way’. Penhalluriack said ‘I still call for a division’…Newton replied that ‘there is no provision in the local law’ for a division. Penhalluriack then argued that in common law and many other forms a division is allowed. Newton responded that he’s following the local law and that he ‘doesn’t set the local law, councillors do’.
Called second vote. Same result. Newton explained that he would stand in the middle of chamber and that the first nominated councillor would call either “heads’ or “tails” whilst the coin was in the air. No one would be allowed to touch the coin once it landed. Tossed the coin. Hyams called heads and it came up heads. Applause.
Deputy Mayor – Esakoff nominated Lipshutz. He accepted
Penhalluriack nominated Magee. Magee did not accept.
Tang nominated Pilling. Accepted. Vote 5 to 3. Lipshutz’s votes were Hyams, Esakoff, and himself. Pilling’s votes were: Magee, Tang, Forge, Penhalluriack, and himself.
SPEECHES
LIPSHUTZ: congratulated Hyams. Admired his ‘attention to detail’…’dot every ‘I’ cross every ‘t’….so conscientious you read everything….(only councillor who has read the full annual report)…you devote your attention to council….fair person….(know) council protocol and council policy…bring great strength to the council…..will be a great mayor…..you will be a healer….approach all councillors in a fair ….as did Margaret Esakoff previously….(congratulated Esakoff) for a wonderful year …..in trying circumstances…..which would have beaten many other people….look forward to our year, a year of change, a year of policy, decision making….
ESAKOFF: congratulated Mayor…’very well deserved honour’…’total dedication…. diligence….has been recognised and I have no qualms in handing over the reins…. Your integrity and your professionalism …..will make us (Council) and community proud….clear understanding of role….policy, governance, procedures and common sense will hold you in good stead….(Can do the job because of) warmth, understanding, empathy…..(for all people)….
TANG: congratulated Hyams and said that circumstances ‘are not befitting a man and councillor of your stature’…conscientious and diligent….those words are understatements….(we’re) better off for having you amongst us…amongst the 9 councillors where would we be….we are enriched by having you amongst our cohort….inclusive councillor….made every effort to consult with all councillors….community (as well)…protocols and issues and taken the time to discuss with each (of us)….(wished him and Pilling success) ‘in what has been a trying year….(Esakoff) has done a superb job in those circumstances….diligent, visible mayor…whilst having to deal with a number of other issues at the town hall….(congratulate) effort she’s made to represent the community in the face of very difficult circumstances….
PILLING: thanked people for support. …’It’s been a trying year….(esakoff) has had a very good year in trying to bring council together….problem tonight….two good candidates….a difficult decision….(Hyams) attention to detail and passion for this council….look forward to working with you….
PENHALLURIACK: congratulated Hyams and said he ‘works beyond the square’….(was an annus horribilus)….(repeated his comment that) when a leopard dies he leaves his spots; when a man dies he leaves his reputation…During the past 12 months I have been accused of bullying. I don’t believe I’m a bully…..(ended with congratulations)
FORGE: congratulated Hyams…’it’s been a very difficult couple of weeks…different candidates’ (but both adding to the) ‘future of Glen Eira’….(Hyams) ‘attention to detail is incredible…wiseness and knowledge regarding how a council should be run….fantastic asset….I look forward to what we discussed…you’re aware of some of my views…I look forward to working with you this year…. (Congratulated Pilling)…’you’re a very gentle quiet person, you’re coming out of yourself….enjoyed working with you over the last 10 months….
MAGEE: ‘City of Glen Eira is in good hands….attention to detail is second to none…(knowledge of LGA had Magee ringing him for advice)….’helped with the right wording (on a motion)…that is the sort of person he is….Pilling is a very fitting deputy mayor….(asked to support Pilling) and ‘without a seond of thought I was happy to do so….fairest, most decent human beings….care for environment is something we can all aspire to…..Esakoff….a year that I would not wish on anyone…(last few terms and experience) I doubt that any new mayor would have handled it with the dignity….compassion and persistence….and ruthlessness when you make a decision (Magee respects this even when Esakoff cuts him short)….we are a good cohort of councillors….I really like the debates that get fiery….(debates)…I enjoy that part ….people getting red in the face….angry…because that’s when the city knows that they’re getting a true decision….as long as that happens…..I will be a very proud councillor…..
HYAMS: Acknowledge directors, MPS (Southwick, Miller) and former councillor Dunstan….Deeply honoured…(thanked colleagues for) trust shown in me by electing me….wasn’t ideal way to get elected….2 quality candidates….Role …is ‘first amongst equals’….beyond that no more power than any other councillor….can’t achieve anything without support of councillor group…working together this council has achieved a lot…..best reflected in the results of the latest Community Satisfaction survey (went through some of the percentages) –‘only 14% said our council needed improvement, whilst 54%’ (were good or excellent)…(itemised lowest rates, highest capital expenditure, service centre excellence, parks are tops)…’this is a tribute to our councillor group…’together create a whole that is far better than the sum of its parts’….’while we may disagree…we do so with respect for each other’s views….all the same aim….best for the community….(talked about Tang and Esakoff and that they) ‘leave rather large shoes to fill…Steven’s grasp of issues….solving problems….tribute…(became barrister today)….Margaret has done nothing short of a fantastic job….in trying circumstances…..dedication….passion for the community….determination to adhere to the principles of good governance….and grace…..have been inspirational….I’ll do my best to emulate (this example)…(On Deputy he voted for Lipshutz because) ‘he brings a lot of leadership to this council….two quality candidates…very pleased to have Cr. Pilling….(we complement each other)….decent man…..
‘Successes…are attributed to our dedicated…(professional staff)…lead by our CEO ….they bring high levels of expertise to our deliberations….appreciate their sound and often canny advice….(shouldn’t) rest on our laurels….we need to strive for continual improvement….rates as low as possible….facilities needed by our community…we need to ensure our community is aware of (services)….(and that community realise they have a) stake and input….challenges (faced include lack of open space; 5 year council plan with community; planning scheme review that will protect amenity whilst accepting)’need to accommodate our ever growing population….economic responsible…Caulfield Racecourse….far better utilised by the public…highlight…opening of our magnificent (GESAC)…looking forward to (Duncan McKinnon pavilion finished, bicycle plan)….”
Thanked family in conclusion, especially grandmother aged 93.
Hyams invited gallery for refreshment but said that Councillors however ‘have another matter that we need to deal with in private’.
Glen Eira Debates 
December 14, 2011 at 9:35 PM
Did anyone check it wasn’t a two sided coin? Newton got his man.
December 14, 2011 at 10:10 PM
Actually, a small step forward for council.
Penhalluriack, Pilling, Forge and Magee all voting together. Maybe they have realised they do have the power to change things if they co-operate.
Jamie finally takes the position he has craved for years, at the time of his choosing.
The State Government will be pleased – they have one of their own in control. Council are safe from any investigation now. David Southwick tweeted before 8pm “Jamie Hyams elected Mayor of Glen Eira. Well done Jamie it has been a long time coming. #springst”.
Magee showed his unsuitability by refusing the Deputy position.
As for Lobo, just one word – “Resign”.
December 15, 2011 at 7:38 AM
The ALP member that failed to turn up wasn’t much help. Cr. Lobo is pocketing around $20,000 a year for a very part time job. If one was to calculate the hourly rate it would be considerable. I reckon it is about $200 an hour taking into account the time he puts in at the town hall. If he is unwell then he should say so. Either way he should resign. I agree Magee showed himself for what he is by refusing the deputy mayor position. Maybe he thinks he will be leader of the opposition. Council should not work like that. Possibly he will have an approach of opposing everything and try to make himself Mr. Popular. I hope not. Hyams is an experienced councillor, as you know, and will carry out the mayoral duties as well as any person.
December 14, 2011 at 10:56 PM
I’m not sure whether this can be seen as a step forward. The factions are clearly set and Lobo, if he stays, remains the key player now. How ironic. I also wouldn’t place too much faith in all the back slapping and over the top speeches as an indication of change or unity for that matter. Hyams speech could have been a little more innovative and original. He doesn’t get too many brownie points for simply repeating the Newton spiel of lowest rates and best council. Maybe he was just trying to prove that he has actually read the annual report as alleged?
December 14, 2011 at 10:58 PM
Can Henry Buch return?
December 15, 2011 at 9:32 AM
Donna Elliott – Hyams running mate got over 2000 first preference votes. She’ll get in, not Buch if Lobo quits.
December 15, 2011 at 10:57 AM
It doesn’t work like that. Lobo preferenced Buch above Elliott. The countback follows the preferences of the voters. Buch would be offered the position. He may not want it then it would go onto someone else. Lobo is more likely to default than resign. If this is the case it will be a pretty short term for the incumbent as the Council elections have been brought forward to 25th October in place of the 25th November.
December 15, 2011 at 1:07 PM
27th oct 2012
December 15, 2011 at 1:06 AM
Everyone has acknowledged what a difficult year it has been. Why has it been so difficult. Stuff up after stuff up could have been avoided by making changes to the Administration yet the CEO has just been reappointed for a further term. Rushed policies and practices ignoring the Community such as imposing C60 could have been avoided by listening to the residents. At a time when everyone else claims it has been a great year in Australia it strikes me as odd that everyone on Council considers it difficult but no one seems willing to change it for the better.
December 15, 2011 at 8:44 AM
C60 was put upon the Glen Eira Council by MRC via the State Government. No matter what the Council did it was never going to fail. If the Council had of said no, it would have been called in by the Minister and probably ended up with 25 storeys. It is a on a long time plan and I don’t think you will see much happening for many years. Enjoy the open space while you can and stop banging on about the Council in regard to C60. The State Gov. gave the area special consideration. No Council could have stopped C60.
December 15, 2011 at 7:05 PM
Bit early in the morning for drinking, eh? 25 stories versus 20 stories, it’s still about 16 stories too many for suburbia. Fool.
December 15, 2011 at 9:30 PM
Nothing wrong with a bit of high rise in the suburbs. Get used to it pal. Lot more coming your way. Considered moving?
December 15, 2011 at 9:12 AM
The “difficult year” has been 99% of council’s own making. Yes, the c60; then the Newton contract negotiations; watching their p’s and q’s after the municipal inspector’s recommendations; the let’s get frank campaign; the frisbee cover ups; and the repeated contortions of the local law and meeting procedures to squash opposition and questioning. Now there’s the basketball and the liquidity crisis and lack of money and childcare disasters all coming together. None of these are outside events or caused by earthquakes that have rattled some brains. They’re all of Newton and the gang’s own making. They’re reaping what they’ve sown so I have no sympathy for Maggie nor any of them.
Comments here have also whitewashed the c60 as beyond council’s control. That’s total nonsense because who set up the undemocratic special committee where 4 people decided its fate? Don’t forget the sneaky inclusion of the “negotiating team” as an amendment. The various planning conferences were nothing short of appalling with the arrogance of Ms Tangalakis on full display. All of this shouldn’t have happened. A recent post on how Moonee Valley council is handling a similar situation should be an object lesson to these councillors. They at least are involving residents. Here everything is secret. So yes it’s been a difficult year but one that was 100% created by the gang and by the complicity through silence of the rest of them. They’re all marching to Newton’s tune and it’s a funeral march. The last rites were announced last night.
December 15, 2011 at 8:36 AM
Says …. good point
December 15, 2011 at 10:10 AM
Didn’t anyone bring the violins?
December 15, 2011 at 11:03 AM
Fiery debates? In Glen Eira? Surely an oxymoron. The huff puff and bluster is the floorshow only in most cases and only on stuff that doesn’t really matter. No red cheeks when it came to code of conduct or local law changes or planning scheme. Nup, nothing then. A tinge of pink cheeks over toilets, and slightly redder over car parks. But that’s it. On major major stuff we get a whiter shade of pale.
December 15, 2011 at 2:04 PM
Glen Huntly and Anonymous on what grounds do you say Magee is unsuitable? As for Lobo how do you know if he was not sick this week. He tendered his apologies for the 13 December 2011 council meeting that he was sick and informed the council administration about it. Perhaps you should think twice before writing garbage.
December 15, 2011 at 3:50 PM
Anon, the fact that Magee accepted nomination for Mayor but refused nomination for Deputy suggests to me that he is more concerned about his own prestige than with how he can best serve residents.
I don’t know why Lobo wasn’t there and I don’t know why he wasn’t there on the 13th. It seems you do. And I also don’t know why he has now missed 7 out of 20 meetings this year. But whatever the reasons, if he is unable to attend most meetings he isn’t doing his job as a councillor.
December 15, 2011 at 4:11 PM
That would then include Lipshutz and Tang since they’ve missed plenty of meetings as well.
December 15, 2011 at 4:24 PM
At least Tang and Lipshutz participate. Cr. Lobo is mute. You are called upon to get involved not just take the money.
December 15, 2011 at 4:29 PM
Hey, I’m not disagreeing with you re Lobo. I’m answering your point that he isn’t the only one to have missed meetings and according to your own stated criteria that’s not good enough and people should resign.
Magee’s decision not to stand for deputy is interesting. Maybe ego but maybe because Pilling was the chosen one and Magee didn’t want to cramp his (pilling’s) style? Who knows,
December 15, 2011 at 4:22 PM
One of the main things a councillor is expected to do is turn up. Making an apology is a cop out. This is not a tennis club. It is a level of Government and he is accepting a payment for his role. I hear that he is yet to move a motion or participate in most discussion that takes place in the chamber. He is not suitable to be a councillor simply based on his behaviour. One wonders what is going on when you see him driving a car with personalised plates telling the world he is a councillor. As for Cr. Magee, As I suggested, I reckon he thinks he will lead some sort of opposition group. . To be Deputy Mayor may not fit with what he may have in mind. Time will tell.To not take up the Deputy position is an insult to the person that nominated him and churlish. I really hope I am wrong. I am not writing garbage and I did think twice. If you know Cr. Lobo I suggest you tell him to pull his socks up. If he is crook then he should tell people that he is ill. He is holding public office and he has a responsibility to the people of Glen Eira. Like I said, this is not a tennis club. Ring him up now.
December 15, 2011 at 5:12 PM
I’ve never understood why ratepayers rewarded Councillors who were part of a council that was suspended following a finding of it being “…very badly governed”, with re-election. I guess, in the end, we get the Councillors we deserve!!!
The flipping of a coin for Mayor amply demonstrates what an amateur operation we have and why our council is a laughing stock. Surely an extraordinary meeting could have been called to ensure the Mayor was elected on the votes. Furthermore, a split vote isn’t exactly a ringing endorsement of Hyams.
Must say I got a warm feeling when Lipshutz fell by the wayside in the deputies stakes only garnering votes from his lapdog and fellow traveller.
December 15, 2011 at 6:40 PM
Esakoff and Hyams have both served the City well. It will be along time before anyone serves more mayoral terms than Esakoff and I am sure Hyams has plenty more to give. In the end the people have the final say.
December 15, 2011 at 7:32 PM
BAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA
December 15, 2011 at 7:46 PM
Yup, Hyams has got plenty to give like more weasel words and backing Newton and Lipshutz to the hilt. Esakoff who? Name me just one tiny, tiny little thing that she, Hyams, or any of them have actually achieved in the last 3 years for the newbies and for them the last 8. What is the one project that each of them could say they’re responsible, or got off the ground, or did anything except what they were told to do.
December 15, 2011 at 8:12 PM
I find that comment most unfair, Esakoff achieved two municipal inspections, a sacking of council, a heritage overlay overturned on her opwn property (almost), stopping debate, allowing management to run wild without question, not talking to her husband, etc etc. Hyams, well he puts his hand up fastest to second anything that Lipshutz says. Thats quite an achievement to beat both Esakoff and Tang.
December 15, 2011 at 5:41 PM
Anonymous 9, why dont you stand for election and do better then those councillors you feel are not up to the mark. Just taking part in such futile responses tells everyone what you are made of.
December 15, 2011 at 8:17 PM
Dear Fantastic Four,
You can’t be serious, surely this is not an accurate representation of what went on last night. You will all need a shoulder reco after patting yourselves on the back that much.
How about a bit of humility, if you had any benchwarmers or subs you all would have been dragged off before ¼ time, your collective performance has been abysmal so far.
I don’t care if is tradition or law but deciding who is Mayor by the toss of a coin is kindergarten stuff and nothing but a joke. Surely more credibility would have been given to a recorded proxy vote from Cr Lobo be whoever he chooses. I didn’t know you were such sticklers for following the local law…..I’ll keep that in mind.
LIPSHUTZ: congratulated Hyams. Admired his ‘attention to detail’…’dot every ‘I’ cross every ‘t’….so conscientious you read everything….(only councillor who has read the full annual report)…
Let me read it again, “so conscientious you read everything”, sorry but I don’t think this is true as the word ALMOST is missing, no point me waffling on about it I’ll let Jamie confirm what I just said as he and I both know what I’m talking about.
HYAMS: ….Role …is ‘first amongst equals’….beyond that no more power than any other councillor.
Your right Jamie and that’s how is should be, but in my amateur opinion there is a clear historical voting block and the power is with the block or should I say Gang. I think you are all to weak and insipid to vote for what you really think and believe in, safety in numbers.
Good luck to you Cr Hyams, it’s a great time to jump in the seat, your like Damian Hardwick, it can’t get any worse for you the only way is up.
December 15, 2011 at 9:58 PM
Glen Huntly you need to check your head as it may be full of saw dust.
December 15, 2011 at 10:54 PM
Newton’s answers to Penhalluriack’s request for a division on the voting tells me much about the ploys that this administration resorts to. It’s basically very simple. If it’s not in the Local Government Act, or in the Local Law, it simply does not exist according to Newton and Burke and cannot be done. The reverse logic can and is also applied. If not forbidden in the legislation then it can be done such as not tabling councillors requests for reports at ordinary council meetings. If we follow the logic through, then Penhalluriack’s call for a division should follow the same principles that were applied in the request for reports scenario – that is, just because it is not specified, does not exclude it happening.
Councillors should really wake up to these childish tricks. Because the legislation does not cover every single eventuality this does not mean that certain things may not be done legally – as Newton himself states – but only when it serves his purpose. As with his cohort of pliant councillors, consistency is not their strong point – expediency is however.
December 16, 2011 at 7:12 AM
Big difference between an election to a motion. There is no mover or seconder simply a nomination. A person can nominate themselves. Obviously Frank thought he may gain some advantage in the future by having the record of how people voted in the minutes. What Newton did was right. The conduct of the mayoral election is prescriptive and very clear in the Local Law. Some Councils actually call for a seconder which is not in their Local Law but the CEO’s have not worked out the difference. I shudder to think what these CEO’s would do if a person nominated themselves then seconded their own nomintaion. You may pick on many aspects of what Newton does but conducting a mayoral election, he gets it right. In fact the way some conduct their mayoral elections is probably unlawful. Be thankful you don’t live in these cities.
Like Frank they do not understand the differnce between a motion and an election.
December 15, 2011 at 11:15 PM
Having studied all the former council groups there have always been two or three from the clan who disappear after one term.
Having attended a few council meetings I can now see that being a councillor and daring to have an independent opinion has treated as treason/poison if it was ever uttered from one of these outsiders apart from the gang.
Then the mayor only saw her group of supporter put up their hand first so as their motions were treated favourably and if not and an “outsider” dared to speak then the interjections came forth like bullets from a gun. Let’s hope the new mayor can run a meeting as it should be conducted!!
Maybe, since we are throwing around the dollars we could install a pressing the buzzer system, so as the first to speak would register on a oard and the choice would not be vulnerable to human error as was the case last year.
Thenh on some occasions one councillor did not vote as the group expected so a recount was called for and he was instructed to change his mind.
Now, we wonder why individuals are not able to cope with this deviant behaviour and they either give up midway through the term or run a long way away at election time.
Critics just visit the council chamber and the lack of democracy will be very obvious.
December 16, 2011 at 10:37 AM
The bullshit spin has started early. Noticed this in the council’s media release -“New Mayor for Glen Eira
Cr Jamie Hyams was elected as the 16th Mayor of Glen Eira for 2011–12 at a Special Council Meeting last night.Cr Hyams, who is serving his seventh year on Council, said he is deeply honoured to be elected Mayor of Glen Eira.
“I would like to thank my councillor colleagues for the trust they have shown in me by electing me to this position,” Cr Hyams said.
If we were really honest then the word “elected” would be banished. Hyams was not elected. He got in literally by the drop of a coin! Nice try Jamie!
December 16, 2011 at 11:06 AM
To be fair even though you have a unified group of Councillors it does not mean they do not argue the point before they reach concesus. Anon 14 is spot on and most of you owe an apology to the CEO who was just applying the Councillor approved local law.
December 16, 2011 at 3:15 PM
I cannot get over all of the negativity. Does this Council do anything right? Having read this blog it appears no one is prepared to give Councillors any credit,
First, it was appalling that Lobo did not show. If he is not prepared to make decisions he should quit.
What’s this about Lipshutz & Tang missing plenty of meetings. That is simply not true. Both Lipshutz & Tang not only have attended except for a 2 week break, but they have lead discussion. Realistically there are only 5 and half Councillors who put in. Esakoff, Hyams, Lipshutz, Tang & Pilling all do their reading and all contribute.Magee only puts in when he can puff himself up- but he does put in when he cares about something. Forge is out of her depth. she does not read and follows Penhalluriack. Lobo is silent and Penhalluriack seems more interested in bagging Newton than achieving anything.
I also gather that Lipshutz & Tang are bagged a lot. From what I can see they both work really hard as do Esakoff, Hyams and Pilling. You might not like what they say but they never seek to big note themselves as does Magee.
How about having a balanced view?
December 16, 2011 at 3:50 PM
Suggest you check the minutes of all meetings – not just council meetings. Tang is supposed to be 1 of 3 council trustee reps. These people only meet twice a year and he has missed at least 2. That’s what I call great representation of the community’s interests. Then how about checking the pools steering committee meetings, plus the audit committee meetings and see how many times Lipshutz is absent, arrives late, or leaves early. Tang has also missed 99% of one council meeting, arriving about 3 minutes before it went in camera. Neither are the paragons of virtue on their attendance records that you would like to believe. If they can’t make committee meetings, then they shouldn’t be holding those positions.
December 16, 2011 at 10:59 PM
Hey Mitch – check out the heritage issue. Yep Hyams, Lipshutz and Tang put in (Esakoff declared conflict of interest) …. what the three put ins said was totally lampooned by the Planning Panel Chair as inadequate and ill founded (check out the report for verification) – and it only cost less than $15K of ratepayers $’s. Mitch, noise for noises sake is a total waste – ya gotta look at the quality of the noise – and the quality of the silence from the others.
While you are at it, try and find any issue where the local laws or meeting procedures have been applied consistently. I contend that regardless of the issue thëse rules are never applied to the “put ins” but always are applied to the others. To point you in a direction – look up the rules/laws regarding right of reply and follow it through the minutes starting from October, 2011. The double standards on “when to apply/when not to apply” would leave most with a jaw on the floor.
From your own description of Council activities – this Council is clearly dysfunctional and we the residents need to be asking ourselves how best to change it so that the aspirations and values or the community are the primary issues.
That is all I am asking for … since I am one of those footing the bill, it doesn’t seem like an outrageious request
December 19, 2011 at 11:56 PM
Mitch do come along and see for yoursellf if the new chair person is slightly more democratic and prepared to listen to all councillors, who repreent their waqrds, even if in the opinion of the lawyer maybe talking nonsense. The lack of practical of practical people rather than paper people is obvious.