Readers will remember that we queried the accuracy of the last set of draft minutes in that the Sounness comments on the removal of Caulfield Park Trees were omitted – despite the fact that other councillor statements were included in the draft minutes. Selective editing and the rewriting of history all over again. Sadly, the minutes (as drafted) were accepted without any single comment by any councillor!
When it came to the minutes of assembly meetings, the following occurred. Lipshutz and Magee moved to accept. Lobo then said:
LOBO: quoted the draft minutes from the 29th October where Hyams brought up the issue of ‘councillor conduct’ and said that ‘these minutes are not a true reflection of what happened’. Went on to say that ‘next year’ council needs to ‘review’ how it does things because it’s pointless to put in ‘a line which has no sense’ and ‘we can’t remove things from the assembly of councillors just because we don’t like something’. Concluded by saying that he wants a ‘proper process’.
HYAMS: claimed that Lobo ‘seems’ to want minutes to ‘record specific comments’ but the minutes only ‘record’ the ‘topics covered and nothing more’ and he thought they were ‘fine’.
LIPSHUTZ: stated that the minutes were ‘perfectly correct’ and that Lobo doesn’t ‘understand’ the purpose about listing topics only.
MOTION PUT: Lobo voted against.
COMMENT
The minutes of councillor assemblies are merely another tool in the armoury of this administration and its compliant councillors. Far from only recording broad topics, the minutes have been used to either place pressure on individual councillors who have not toed the party line, or to further the public relations agenda in portraying council as simply ‘wonderful’. Hyams and Lipshutz really need to revisit some of these minutes to see the complete mistruths of their above statements. Here are just some examples of what we mean and ask readers to contemplate whether these ‘minutes’ are in fact indicating far more than mere ‘topics’.
Minutes of 5th July, 2011 – Hyams – Leader newspaper story on the community satisfaction survey. Said that he had telephoned the Editor of the Caulfield Lead who had conceded that the paper had misinterpreted the facts and had corrected the story of their website. Cr Hyams said that the newspaper had indicated that they would print a corrected story in their next edition.
Magee – GESAC basketball courts allocations. Asked officers to provide councillors with a copy of the ‘brief’ that has been given to the legal practitioner following the Resolution adopted by Council at the 28 June 2011 council meeting (Agenda Iem 12.4 refers)
Hyams – that public questions on matters relating to particular long running issues at Caulfield Park may not constitute harassment under Local Law 232 (j) (iii). How to deal with this issue from hereon.
26th July, 2011
Penhalluriack – Nic Varvodic. Council decision to declare his public questions to be harassment. Need to change the Local Law
9th August 2011 – 12.2 ‘confidential’ – Magee access to two other legal opinions and his conversation with the Ombudsman
PLEASE NOTE: In our report on the council meeting of 27th November, Lobo mentioned his ‘interview’ with the Municipal Inspector. Magee jumped up with a ‘point of order’ (upheld by Pilling) and Hyams then had his say – “Went on to say that ‘the last time’ he spoke with an ‘integrity agency’ he was told all discussions were confidential and commended Magee for the point of order in order to prevent Lobo ‘from breaking that law’.
Our knowledge of such investigations is that not only are discussions ‘confidential’ but investigations themselves are ‘confidential’ and participants are not permitted to reveal their participation. Yet here we have an official record of assembly that confirms Magee’s ‘interview’ with the ombudsman! The Records of Assembly are therefore never an innocuous list of topics discussed. They become as we said another weapon in the attempt to ensure that all councillors toe the party line and thus power and control remain vested in those that compose and distribute the minutes!
PS: AUDIT COMMITTEE MINUTES
Lipshutz moved to accept with amendments to certain words. Sounness seconded.
LIPSHUTZ: repeated the officers’ report that the committee met 4 times during the year and looked at many issues. Emphasised tenders and how ‘this council has got an outstanding record’ when it comes to tenders. Risk management is another area that the council is ‘outstanding on’ and Newton even gives presentations in NSW on risk management. He felt that ‘overall we are kicking goals’ and ‘rated number one’ by various bodies.
Sounness reported on community grants. Okotel then asked a question.
OKOTEL: asked about item 4 of the audit committee meeting minutes where it referred to risk A’; ‘B’ and ‘C’ what ‘these things actually refer to’.
NEWTON: said that the ‘internal auditors’ raised these issues so that they are ranked according to ‘importance’ and ‘A’ is ‘most serious’ and down the scale. These things are ‘reviewed at every meeting, so every meeting knows’ what actions have been taken.
COMMENT
Okotel’s question raises a number of important issues regarding governance, communication, and work done by councillors. There are several ways of interpreting this question:
1. Most importantly – the Audit Committee does not communicate its deliberations and problems back to full council. It remains a closed shop with Lipshutz, Magee, McLean, Gibbs, and Newton running the show and controlling the flow of information?
2. Okotel after being a councillor for one year does not really know what is going on in Audit Committee meetings?
3. Okotel may be asking for the ‘benefit’ of the community. However, that begs the question of why such reports are couched in double-dutch so that the community would not have the foggiest of what the A, B, and C refers to.
4. Has Okotel been performing her duty by asking such questions ‘in-house’ and privately, or has she only picked up on this after one year on council? Or, has she asked and not been provided with an adequate response, so she is now forced to ask in a public forum where a response is required. We note that Newton’s response was certainly bereft of much detail!
5. The Audit Committee has been pronounced by councillors as the most important committee on council. If other councillors do not know what the hell goes on, if they aren’t provided with regular updates, then we can only speculate as to how on top of things the entire group of councillors really is.
We finally note that in the countless records of assembly published for 2013 there is NOT ONE SINGLE MENTION OF THE AUDIT COMMITTEE MEETINGS AND ITS DELIBERATIONS. So, either there are no reports back to all councillors or, as Lobo tells us, the minutes of assemblies are nothing more than fiction!
December 18, 2013 at 12:32 PM
Not much can surprise me about how this council works. Hyams and Lipshutz are not averse to stretching and misrepresenting the truth whenever it suits them and if Lobo is the target all the better.
Sounness should have said something and he didn’t from reading this. Another participant in lousy, pathetic governance practices that these councillors let happen over and over again. His comments were excised so he should have been the one to at least question this and not accept the minutes as they stood. Maybe he doesn’t even read the minutes but my guess is that he’s been told to keep his mouth shut and he did.
December 18, 2013 at 8:23 PM
Hasn’t Souness been a disappointing member of Council. No backbone and seems totally lost in the chamber. I am quite surprised that Newton hasn’t put him on the Audit Committee as another yes man. Okotel asked a very telling but basic question, just a pity that neither Gibbs nor McLean were there to answer it.
December 18, 2013 at 6:01 PM
Relying on memory, I think this is about the third for fourth time there’s been the question of accuracy of minutes. Every time it happens and councillors do nothing about it is like giving the go-ahead for this to continue. I would agree that minutes shouldn’t be hansard but they at the very least should provide residents with an account of what went on. If assembly minutes are supposed to be only for the broad topics of conversation then that must be consistent too. It isn’t so the posts claims are valid I’d say.
Other advisory committee minutes are also being turned into the equivalent of records of assembly so that in the pools committee there was never anything except vague headings like general business. The only ones that seem to come close to being proper minutes is the environment one because there are outsiders there and in the overall big picture this is chicken feed compared to the running of gesac or the audit committee or the local laws committee. It’s like them deciding that we will let people know what’s happening but only for the minor stuff and not the really important things.
December 18, 2013 at 9:48 PM
anyone see the letter in today’s paper? think it’s great. I’ve copied it in this comment and its under the tag line of recycled chief executive –
New mayor but the same old chief executive. It was appropriate that Glen Eira chief Executive Andrew Newton used his article in the Glen Eira News to discuss recycling, given that council intends to reappoint him yet again without contest. The Local Government Act may allow a highly paid public servant to remain in the same job for 15 years without challenge, but transparency and good governance should not.
December 18, 2013 at 10:48 PM
By way of comparison, we invite readers to peruse the Bayside Audit Committee Annual Report and to note:
1. Bayside has 3 external members – each of whom is identified, qualifications cited, and renumeration itemised. In Glen Eira reappointments and pay hikes are all secret! There are also 3 councillors on this committee. Photos are included.
2. The Auditor General in his latest report on local government included recommendations that external members constitute the MAJORITY of committee members and that there be a steady rotation. Of course, in Glen Eira, neither of these recommendations are carried out.
3. Reappointment of Bayside members are announced.
4. No of Issues listed as ‘important’ are graded and made public
5. Problems identified through ‘self assessment’ are noted. In Glen Eira all is ‘outstanding’ to quote Lipshutz!
The Bayside report is accessible via – http://www.bayside.vic.gov.au/documents/27_August_2013_Item_10.22_DOC_13_103231_Audit_Committee_Annual_Report_2012-2013.pdf
Port Phillip is similar with 3 external members. See: http://www.portphillip.vic.gov.au/Report_1_-_Attachment_1_-_Audit_Committee_Annual_Report_2012.pdf
December 18, 2013 at 10:53 PM
The *minimum* requirements for an Assembly of Councillors are listed in LGA 80A, and they include a written record of the matters considered. It doesn’t say “list of topics”. Our council has been investigated several times, and its lousy record-keeping was the subject of criticism in at least one LGI report, which led to the current token effort to improve governance through better records for assemblies of councillors.
Councillor Code of Conduct under 4.8.2 Teamwork says “In Assembly of Councillor Meetings not open to the public, Councillors may explore a range of positions and express a range of views. Those views must not be reported outside those meetings.” It is a sad fact that neither councillors nor the CEO [who is responsible for the written record of Assembly of Councillors meetings] respect this. Admittedly the Code of Conduct does’t apply to the CEO so he/she is free to distribute councillor comments if deemed politically useful. No councillor should accept such a written record though, and yet they do.
The poor behaviour of councillors in council meetings is getting out of hand. Points of Order are being bandied about, intimidating the Mayor into acting inappropriately. Local Law lists the grounds for raising a Point of Order. I challenge Cr Magee to nominate which of the 5 he believed applied to Cr Lobo’s comments concerning the Municipal Inspector. LL also requires the chairperson [Cr Pilling] to give reasons for their decision on a point of order. Cr Pilling didn’t appear to give any. And just what section of what Act do all these pompous individuals, especially Cr Hyams, claim makes discussions with the Municipal Inspector “confidential”? Just what law does Cr Hyams believe Cr Lobo was about to break? If he can’t identify it, then he should apologise at the next meeting, and set about helping Cr Pilling rather than lead him astray.
December 19, 2013 at 7:28 AM
seems to me that after 5 years as a Councillor, Mayor Pilling should know enough of the local law to be able to conduct a Council Meeting in accordance with that Law. Why doesn’t he?