At Tuesday night’s council meeting Penhalluriack asked officers the following in relation to petitions and the guidelines which they are meant to follow. This is what happened:
PENHALLURIACK: stated that Council website said that petitions must be handed in 2 working days prior to Council Meetings. ‘why this lead time is required’ and ‘what is the legal grounds for this requirement…..(On Nov. 22nd a petition of 523 signatures was tabled. Penhalluriack read out the petition.)….’submitted 2 days (before council meeting and) signatures checked by organisers.) ‘Has this number and what number been confirmed’ (since the minutes of 22nd November stated ‘unverified number’)….’will the correct number be incorporated into the minutes of this Council Meeting under Item 5…..?’
BURKE: ‘Petitions (are submitted) in the manner which Council has determined….council accepted the minutes that you’re referring to at Agenda Item 4 of tonight’s meeting’.
PENHALLURIACK: Stated that his question wasn’t answered. Repeated the question and asked for response in writing.
BURKE: Taken on notice and repeated that ‘…petitions are treated the way council wants them treated….reading over my notes (minutes of 22nd November) …were adopted unanimously’
PENHALLURIACK: ‘I ask when did council determine this’ (and asked again that his questions be answered).
BURKE: Claimed that he had seen ‘so many names crossed out…in a way…(people)realise what they’ve signed’ (and changed their minds).
INTERJECTION FROM GALLERY: ‘I crossed out those names…..I’m challenging what Mr. Burke said’
PENHALLURIACK: Stated that he believed all the signatures had been checked by organisers and assumes as a result of the comment from gallery that the names were crossed out to ensure only those residents from Glen Eira were listed as final signatories.
ESAKOFF: ‘Mr Burke will get back to you on the detail…..’
COMMENTS:
Councillors were sent the following email upon receipt of the petition at the council service desk – “a petition for tomorrow night’s Council Meeting was delivered at council reception this morning at 8.30am, thereby meeting the requirements of 2 working days. Receipt of the petition was signed off by Callum McPherson at the front desk.
The 523 valid signatures thus far were collected within the space of only two weeks and we anticipate the arrival of many more completed forms in the coming days. These will be presented to council in due course. Residents are solidly behind the need to advertise the CEO petition”.
We’ve highlighted the phrase ‘valid signatures’ because organisers did check all names and found that some people who did not reside in Glen Eira had signed. They obviously agreed with the statement and their place of abode was only discovered AFTER they had signed. These names were later removed via the use of a 12 inch ruler and pen, marking a very straight line through these names. CLEARLY THESE CROSSOUTS COULD NOT HAVE BEEN MADE BY INDIVIDUALS FREEHAND. The copies clearly substantiate this.
Paul Burke’s ‘surmising’ of motives, as an excuse for not publishing the number of signatories in the last set of minutes, is thus not only scurrilous, but devious, deliberate and extends far beyond his official capacity. He is not there to editorialise and attempt to denigrate the authenticity of the petitioners and organisers. As come commentators have already written – did Mr Burke also check every single signature on the 6000 plus that was submitted by the Northern Memorial Pool, or the 700 plus signatures from the McKinnon Basketball Association? Again, we note, that Esakoff, Hyams and Lipshutz must go down in history as the only councillors who refused to accept a legitimate petition from constituents.
More importantly, Burke’s failure to answer Penhalluriack’s questions should be censured in the strongest terms. Councillors have every right to ask whatever they deem part of their duty and responsibility. Burke’s failure to answer such questions again reveals exactly what is wrong with the governance of Glen Eira and why the silence of all councillors on such issues is to be denounced.
Glen Eira Debates 
December 15, 2011 at 6:15 PM
Newton and Burke run council. They make the rules that suit them and abuse the rules when it suits them then hide behind the bullshit that it’s councillors who decide and not them. How about producing the resolution which says that councillors (that is Council) decided that petitions must have 2 working days lead time? It doesn’t exist. The creator is Burke just to make it as difficult as he possibly can for any body who dares present any kind of petition. If they had their way, petitions would be banned. They’d probably like to ban the gallery, ban public questions, ban councillor questions and ban councillors. Rule the roost all by themselves.
December 15, 2011 at 7:56 PM
I agree that Burke’s comments are totally out of line. Other councils have councillors tabling and vouching for petitions. What the petition says and asks for is literally none of his business if it’s worded politely and isn’t defamatory. I would imagine that half of the policies that council has haven’t been voted on by councillors. They’ve been devised and scripted entirely without councillors knowing about them or voting on them.
Burke’s also out of line in the manner that he’s responded to the Penhalluriack question. They aren’t answers and they’re disrespectful in the extreme. If this is how Burke treats councillors and gets away with it, then imagine how he treats the ordinary resident. Esakoff should have pulled him up immediately and ordered him to answer the questions or told him straight off that if he can’t answer them he should take them on notice. She didn’t do either but gave Burke free run to be insulting, evasive and deceitful. Not bad achieving all this in the space of what is no more than a minute or so. He’s got a real talent for it obviously
December 15, 2011 at 8:30 PM
You don’t have to “imagine” how he treats the “ordinary resident”. He’s an overbearing know-it-all who generally treats the people from whom he draws an income as lesser beings.
It’s what happens when you believe you have a job for life as so many of our department heads do. And with good reason, as so many have held their positions since Methuselah was a boy without them being subjected to any real test in the market place.
December 15, 2011 at 8:55 PM
Its not only department heads who have a job for life. The independent audit committee members Gibbs and McLean have been on the payroll ever since Newton joined 15 years ago!
December 15, 2011 at 8:22 PM
Interesting to note from Pilling’s blog, that the “private” discussion council had after election of the Mayor was about allocation of GESAC basketball usage – which had to be carried over from Tuesday’s meeting as it had not been resolved by 11pm. Obviously council aren’t unanimous on this one.
December 15, 2011 at 8:51 PM
The disgusting inquisition of Mr Burke by Frank simply shows what a bully he is.We all await the outcome of the Bullying allegations made by the CEO against Frank.
December 15, 2011 at 10:06 PM
Noel baby, this time you are one million percent spot on! We do need an inquisition – and I’d throw in a Star Chamber – for Burke and Newton. Then we might shed some light on all the skullduggery that has been going on for years and years.
December 15, 2011 at 9:49 PM
To quote “BURKE: Claimed that he had seen ‘so many names crossed out…in a way…(people)realise what they’ve signed’ (and changed their minds).”
Can somebody explain to Burke that his comment of “so many names crossed out” was sufficient. Adding “people) realised what they’ve signed (and changed their minds)” was gratuitous and unacceptable. Because of such an addition he needs to either issue a public apology or resign.
There is no point in sending the Director of Community Relations to a remedial course – best just call it quits, his choice or Councillors.