From the Agenda Items for next Tuesday –
11.3 Councillor questions
“VCAT Proceedings – Councillor Conduct Panel .
It has recently come to my attention that Cr.Penhalluriack is appearing before VCAT in a full day’s compulsory conference on the 12th April 2012.
I have 2 questions which I wish to address to the Mayor in relation to the OH&S enquiry, the CEO Contractual Arrangements Special Committee, the Councillor Conduct Panel and VCAT proceedings, all in relation to Councillor Penhalluriack.
The first question relates to legal costs and is in 2 parts:
First, what legal costs have been paid to the Council’s solicitors in relation to these matters to date?
Secondly, what cost estimate has been provided by the Council’s solicitors in respect of the future conduct of this matter?
My second question relates to what mechanism had been put in place to provide instructions to the Council’s solicitors in relation to the conduct of this matter. In particular, given that the decision to refer the matter to a Councillor Conduct Panel was made by Councillors:
Are you responsible for providing instructions to the Council’s solicitors?
What mechanisms do you propose to ensure that Councillors are kept briefed on the preparation and the conduct of the proceedings?
Yours Sincerely,
Cr. Cheryl Forge.”
COMMENT
What a pathetic state of affairs that a question such as the above has to be given ‘with notice’ – otherwise it would not have appeared in the agenda! The other sad aspect of such a question is that if it has to be asked then councillors obviously do not know the answer! In other words, our money is being spent willy-nilly, and only administrators have any idea of how much these shenanigans are costing!
We look forward to the verbal and written gymnastics that this question will undoubtedly produce. Will the ‘response’, for example, only provide data for ‘solicitors’ and not barristers? Will the ‘brief’ given to councillors be ‘brief’? As a safeguard, we urge Cr. Forge to ask for copies of ALL invoices from all solicitors, barristers, and monkey’s uncles!
Glen Eira Debates 
March 18, 2012 at 9:03 AM
This exemplifies the problem of a council that is held captive by the administration. They decide what money will be spent on what and how much. They provide the contradictory advice to residents as has been recently shown and then councillors names are attached. Control is absolute, not accountable, and apart from sheer incompetence, incredibly costly. I lay the blame for this ongoing situation squarely at the feet of those councillors who refused to “democratise” this council. Instead decent councillors are shackled by the “no surprises” policy, the lack of a Notice of Motion and the countless voting on issues that blindly falls into line with the Newton manifesto. I also see Lipshutz and his cohorts as the main reason for all the current ills with secrecy, bullying, and victimisation.
March 18, 2012 at 9:50 AM
Cr Forge should be thanked for asking this really important question. Pity is that it’s far too late. Surely when a council goes down this track it should have some idea of how much things will cost BEFORE they embark on potential wild goose chases. Other councils have opted out of their witch hunts because they realised pretty early on that it just wasn’t worth the expense. Not in Glen Eira though. It’s also a lot easier when you don’t know how much something is likely to cost, or you’re too dumb to insist on getting an answer before you vote to go down the road. This could be a really huge cost to pay for one individual’s vindictiveness.
March 18, 2012 at 11:20 AM
What’s not taken into account here, is we have a city to run, things need doing and councillors need to get away from their petty game and actually do the things that they were elected to do.
Glen Eira is backward in almost every department from program provision and in areas like community accountability, open space provision and environment the record is woeful.
We need councillors that will do there job, councillors with ideas, and commitment to the community, all this time wasting nit-picking just goes on and on and on like a broken record.
I appeal to voters, in this up-coming election wipe the slate clean get rid of the Liberal, Labor squabblers that think it is their right to spend as much of your hard-earned rate-payer dollars on lawyers in settling score with each other. When important issues like good governance have just slip away.
Please remember one councillor has stayed away from these mindless games, and that is our Greens councillor, he has kept his eyes on the prize and plugged away at important environmental reforms, which he was elected to do, and he has done so with many successes. Just a few reforms in garbage and energy programs, have or will save residents money and will continue to do so into the future.
The latest is funding for a new Open Space Strategy, This is very much needed in growing Glen Eira, 2012. This small but significant idea would have never been considered by the all the other councillors put together in their wildest dreams as something that was needed in Glen Eira.
Voters, take it in to own hands, settle the argument yourselves vote-out the petty money wasters, and put in councillors that will do their job.
I suggest to all voters, Go for a Greens Councillor if you are lucky enough to have one in your ward.
Don’t bother looking for alternatives there are none.
March 18, 2012 at 6:58 PM
You are wrong to say that the Glen Eira Council is Liberal/Labor. Trying to push the Greens as an alternative is showing how desparate you and your socialist mates are getting. I challenge you to name the Councillors that belong to a political party and which one it is. You may struggle. The Glen Eira Council does not have a position on gay marriage or boat people and we don’t want one.
Nothing that Pilling decides has any impact on the Council policy. That is all decided by Newton. Ring up Pilling and ask him. That is why he voted to advertise the CEO position. He has no power. (MODERATORS: two sentences deleted due to ‘irrelevance’ on the topic.)
March 18, 2012 at 2:39 PM
The other side to the questions about how much money has been spent, is what we get for our money. It is a general Councillor conduct principle that “public resources are used prudently and solely in the public interest”. What is the public interest in fighting an FOI application for example? What is the public interest in appearing at VCAT without a case to be answered? What is the public interest in repeatedly failing to publish in the Minutes of Meetings all resolutions made and details or a summary of the information relied upon? How does that help with accountability? What value does Council place on a reprimand, or public apology, or leave of absence for two months *if* there is a finding of Misconduct?
There are some fascinating definitions of “witch-hunt” in the public domain, such as “a rigorous campaign to round up or expose dissenters on the pretext of safeguarding the welfare of the public”. Maybe this isn’t a witch-hunt, but the evidence available is hardly convincing. It is ironic that on 28 Feb Crs Hyams, Tang, and Lipshutz breached our Local Law, thereby breaching Councillor Code of Conduct and Local Government Act, in denouncing Cr Penhalluriack. It is a safe bet this breach (misconduct?) will not be referred to a Councillor Conduct Panel.
March 18, 2012 at 11:29 PM
Glen Eira you are wrong in your assumption that Councillors are unaware of Legal costs. The facts are that the information is Confidential and this is a deliberate attempt by a Councillor to embarass collegues.