Item: Right of Reply

Penhalluriack read his ‘right of reply’ (published in the agenda) concerning an earlier request (November 2nd) as to why numerous Officer reports had not been tabled at ordinary council meetings and why Esakoff’s statement had subsequently ‘disassociated’ Council from his statement.

TANG: raised a ‘point of order’. Stated that what Penhalluriack said contains ‘a reference to council’s actions’ and ‘as a member of council’ he wants to ‘correct’ this and also Penhalluriack’s correction of the Mayor, although ‘I do not feel it is my place to do that’. So raised a ‘point of order’ requesting ‘Right of Reply’ on Penhalluriack’s commentary where he would address issues concerning council ‘generally’.

ESAKOFF: ‘Yes you can Cr Tang. Go right ahead’

TANG:  Repeated Penhalluriack’s statement that council has no reason to disassociate itself from anything he had said and quoted the last section. ‘I think that’s a reference to what council’s done…I don’t accept that entirely…..(long servicing councillors) have received a number of the reports that Cr Penhalluriack was referring to…..there is an argument that council (should have them tabled at ordinary meetings) but that argument weighs against every one of us as councillors I don’t think it’s in Cr Penhalluriack’s ability to disassociate himself from that (since as a member of council he’d have to include himself as having breached the local government act)….’if we want a report at an ordinary council meeting we will specify that’…..I am of the belief that there is no requirement….in the Local Government Act…(also went on to say that Penhalluriack’s claim that he hasn’t received any advice from councillors is) ‘clearly a false statement….because I believe….I received a circular….which identified….where these reports went….I thought I received the same circular as every other councillor received.’

COMMENT

There is clearly a double set of standards operating at this council, especially when it comes to Cr Penhalluriack. Cr. Penhalluriack’s Right of Reply was available (for the first time ever) in the agenda papers. This means that every councillor would have had prior notice of what he was about to say. Under the ‘no surprises policy’ the Local Law also states :

“The statement must be made in writing and included in the notice paper for the next ordinary meeting of Council except where the comments referred to in subclause 238(1) have arisen since the printing of the agenda”.

Tang’s response, and Esakoff’s complicity in allowing him to raise both a point of order and a Right of Reply are unconscionable and contravene Council’s own set of laws. It is absolutely clear that there are one set of rules for Penhalluriack and another for the gang. We will expand-

  1. Esakoff is mandated to provide reasons for allowing Tang to raise a point of order and agreeing to it. She did not.
  2. If Tang has a legitimate point of order, then this should have been raised BEFORE Penhalluriack spoke and NOT AFTER – especially since he knew exactly what Penhalluriack was going to say.
  3. The point of order morphed into a ‘Right of Reply’. Why wasn’t Tang’s ‘Right of Reply’ published in the agenda together with Penhalluriack’s? Did Tang, in effect give prior notice as required by the Local Law? If not, then why was he allowed to get away with this tactic? Why did no other councillor and especially the Mayor rule him out of order?
  4. Tang’s statement is an absolute nonsense and designed to not only cloud the issue that Penhalluriack raised but to protect Newton. The facts are clear: Not all requests for reports are tabled in ordinary council meetings – that is what Penhalluriack said. Esakoff confirmed this in her statement when she admitted that reports are often presented in assembly meetings. Tang also confirmed this. Hence Penhalluriack’s statements are not ‘false’, nor ‘incorrect’, but truthful and accurate. Hence his statement that council has no reason to disassociate itself from his statement is also correct and legitimate. What is far from legitimate according to Council’s own idiosyncratic ‘no suprises’ rules, is Tang’s ‘point of order’ and then ‘Right of Reply’. We believe there was absolutely no need for it and surmise that the only motive could have been to defuse (and smear?) Penhalluriack. We also believe that this was an orchestrated tactic given Esakoff’s ruling in allowing such a statement. This entire episode again speaks volumes as to the hypocrisy and double standards operating at Glen Eira.