Damning report on Glen Eira councillors but no action to be taken
Chad Van Estrop, Moorabbin Glen Eira Leader
September 23, 2016 2:30pm
A DAMNING confidential report has found Glen Eira councillors have defamed each other, come “nose to nose” during confrontations and acted as “judge and jury” to matters of infighting.
But according to a copy of the report, seen by Leader, council chief executive Rebecca McKenzie has said “no further action” would be required as a result of the findings by Frances O’Brien QC.
Ms O’Brien was appointed in May to investigate bullying allegations and advise on how to implement the council’s standards of conduct.
The report found:
■ Council defamed Oscar Lobo when censuring him for an alleged anti-semitic slur;
■ “Childish, silly and disparaging” email exchanges between Cr Jamie Hyams and Cr Lobo breached the councillor code of conduct;
■ An email sent by Michael Lipshutz to Cr Lobo asking if he worked at a bank linked to terrorists was “discriminatory and not innocuous.”
The report also lifts the lid on an ugly spat at a citizenship ceremony this year where Cr Hyams called Cr Lobo a “f**kwit” and Cr Lobo said Cr Hyams was a “little s**t” and the men came “nose to nose”.
Ms O’Brien said in her report that she did not accept that either of the two councillors had “ever been provoked such as to justify the conduct or language they have used”.
And she said their conduct during an increasingly unworkable four-year term “would be unacceptable in any workplace”.
Glen Eira council has blown $18,000 on the report meaning almost $45,000 has been spent this term to tackle infighting.
Leader understands senior council officers were not interviewed by Ms O’Brien for the report.
In July Ms McKenzie said the report made “no recommendations for further action under council’s code of conduct”.
But an April email from mayor Neil Pilling to councillors stated Ms O’Brien was brought in as an “independent arbiter” which meant her recommendations were not legally binding.
In the fall out from the O’Brien report an internal conduct panel has been established for councillors to report disagreements but council insiders have labelled it a “toothless tiger”.
Cr Hyams said he couldn’t comment on the contents of the report.
“There has been a process to resolve the issues and I respect that process,” he said.
Cr Lobo refused to comment on the report.
Ms O’Brien, a senior barrister with extensive experience in employment law and forensic examination of evidence, was one of three members of a commission established to examine workplace culture at Geelong Council earlier this year. That council was sacked in April.
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COMMENT
Making matters even worse is the fact that this Council has refused to publish the report, or to take action against all miscreants – especially Hyams!
There has been absolutely no respect for public monies splurged on lawyers. We have received an email from a resident who applied to council under the Freedom of Information (FOI) legislation to gain access to the report. This was refused. The resident then appealed to the FOI Commissioner and in the past few days has received the email we present below – from ‘specialist’ lawyers hired by council to prevent the publication of the report. We can only ask:
- How much more of ratepayers’ money are these councillors prepared to spend in order to protect themselves?
- How much longer will bullying and vilification be condoned by these councillors?
Glen Eira Debates 
September 23, 2016 at 5:40 PM
How much indeed?
September 23, 2016 at 6:38 PM
How surprising that a man with a big mouth who finds it hard to keep it shut and who makes a living propagandising didn’t want to comment. Hopefully voters in Hyams Ward read report and dispatch him pronto.
Seems standards haven’t altered under Ms McKenzie.
September 23, 2016 at 6:44 PM
How typical the Leader gets to read a report denied to the rest of us. Little wonder Ms McKenzie doesn’t want to take any further action, as 8 councillors unanimously voted in support of the defamatory motions on 23 Feb 2016. I reserve special condemnation for Neil Pilling though. He is the Mayor, and he moved the motion. He behaved appallingly in his role as chairperson, allowing outrageous and irrelevant comments to be made. That is also material to Neil’s inept handling of last council meeting. None of the 8 councillors should be re-elected, but sadly most probably will. The defamatory motions still haven’t been revoked either.
September 23, 2016 at 11:09 PM
You are dead right Reprobate. The censure motion against Lobo was done without evidence but based on Hyams and Lipshutz distorting his words and meanings and resorting to the race card to detract from the real issue – whether or not council had the power to grant permission for the use of guns in parks. I remember reading that Delahunty fought tooth and nail to have Newton’s risk management report tabled and this was blocked by the factional vote that included Pilling. Then this lady of “high principle” turns around and votes for the censure motion. Principle goes out the window when it is politically expedient to swing over to the majority of numbskulls. That is why I condemn Delahunty as much as Hyams and Lipshutz and all of them. My sympathy is with Lobo. Not because he is capable of doing a good job, or is capable of controlling his emotions, but because he has undoubtedly been the victim of bullying and probably worse for years and years. I suspect that many people would crack under this pressure. Newton was very quick to pull the OHS Act to get rid of Penhalluriack on trumped up charges. This smacks of the same thing – only in reverse. Lobo’s health has been endangered I would say by the actions of these councillors. As someone has already said – he should sue Hyams, Lipshutz and the rest of them for all he can get. I would say he has a pretty good case judging by the Leader article and its claims of defamation. I only hope that this puts an end to the political career of Hyams and Pilling. Glen Eira will be a much better place without the likes of such individuals.
September 23, 2016 at 8:12 PM
So an attributed $44K of ratepayers funds down the gurgler because neither Jamie or Oscar can stand each other and the 7 others have sat on their fat A’s doing nothing.
Re the extra legal costs involved in denying FoI applications, they will pale into insignificance when compared with the much harder to estimate but more whopping costs incurred by ratepayers due to Council’s dysfunctionality over the past 4 years.
Initially the finger points to Hyams and Lobo but take a step back and consider the utter failure of the other 7, who are still sitting on their fat A’s, in addressing and resolving the issue before it got to this ridiculous and expensive point.
September 23, 2016 at 8:37 PM
Interesting ain’t it, come the extremely damming 2016 State Govt. Community Satisfaction survey, the new CEO bore the brunt of criticism. Now come the “leaking” of the O’Brien report said Councillors are silent and the CEO is up there in the forefront, again!!!.
Yet, Councillors consistently (and accurately) describe the CEO role as being that of their employee whose role is to administer the day to day operations of the Municipality in accordance with their (Councillor) decisions. In other words, the CEO has no role to play in stopping the Councillor dysfunctionaltiy: that is up to all Councillors. Yet not one of 7 other Councillors has done a thing except allow it to continue.
The only reference to a Councillor is the current Mayor Pilling’s dubious description of the findings being advisory (3rd advisory report received) rather than binding. $40,000 of ratepayers money spent on ädvisory reports that yield no results is a mile high pile of crap that I as a ratepayer am not buying.
September 23, 2016 at 9:25 PM
Remember last council it was Cr Penhalluriak who had amazing treatment metered out to him by this mob of animalistic councillors. Because he too was in a position to defend all of the ridiculous charges they had on him and the LEADER IS DOMINATED BY THEIR CHIIEF ADVERTISER THE TRUTH DID NOT COME OUT.
We witnessed 9 all votes voting negatively and positively unamiously on THE MULCH ISSUE (yes all councillors again) and they passed the YES a MULCH HEAP and declare war on F. Penhalluriak only to install warnings of LEGIONAIRES DISEASE AND A SPRINKLER SYSTEM AT THE MULCH HEAP AS WELL AS A RECOMMENDATION FOR USERS TO TAKE EXTREME CARE AND TO WEAR GLOVES.
Even Cr Magee stated that all timber workers suffer from asthma and need puffers like his as he drew it from his pocket.
WHO WILL BE NEXT.ON THE “CHOPPING BLOCK” at the end of this new council?
September 23, 2016 at 9:27 PM
Hyams is the first person to call out “defamation” at every opportunity he gets. If I was Lobo I would sue the pants off him and Lipshutz. It is high time that this weasel got what he deserved and that is to be run out of any public office and the Liberal party as well. He has cost council thousands upon thousands. Has abused residents, lied through his back teeth and up until now escaped unscathed. That has now come to a screaming halt I think. No fair minded person should ever consider voting for him again at any time.
September 23, 2016 at 10:44 PM
What was it again,
“silly, childish and disparaging”
I’ve just read Hyam’s re-election leaflet and there is no mention of any of this stuff there
Maybe I should put on my 3D glasses and read it again
Look this stuff is never going to go away, they just love it too much
It makes them sick, it makes them happy, it breaks relationships both work and matrimonial, it gives them a reason to live, fight, survive, win, lose, become a hero a legend, chase the and kill the villain, live on the edge, it’s the dark and seedy side of Glen Eira exposed.
Soooo I’m proposing we should live stream this stuff, I’m damned sure the ratings would out-strip “The X Factor”
Our Councillors aren’t amateurs they could put it off
We may have to get a actor to play Cr. Ho, he’s just not convincing enough, no probs there are heap of people in his chat room that will give it a go.
Rebecca Mckenzie should put this idea forward as revenue stream, if done correctly you know, good lighting, a better sound system, shorter skirts for the girls” we might be able to offer subsidized rates for residents..
I’m thinking the “The Oscar & Jamie Go Show”
or to be safe maybe stay with Frances O’Brien QC. suggestion
“The Disparaging, Childish, Silly Show” “The DCSS”
I can vision it the promo with … The Big Logo the Corporate Colours the flag in the wind, Lipshutz’s Menorah glowing on sunnet in Hanukkah.
This has possibilities beyond anything ever thought of ever in Glen Eira. This is breakthrough stuff, as the industry calls it
It’s big it’s huge, definitely not for F**KWHITS OR LITTLE SH*TS OR WHINING BITCHES
Either way I’m hooked after the first episode, just give me more
September 23, 2016 at 11:33 PM
Hyams has to go. I don’t want my rates spent on defending bullies and liars and cover ups that all these supposedly compassionate people went along with. They belong in a zoo not as my voice.
September 24, 2016 at 9:03 AM
you could be correct, but you only have to fool half the people ……. he is a master at this, how would anyone deal with the likes of the Lobo it’s beyond me
September 24, 2016 at 9:02 AM
Hyams has no shame, no integrity, is self serving, arrogant, contemptuous, has questionable ethics (if any), no community engagement interest, a bully, devious and a pack hunter. A disgrace of a community representative.
Pilling has no community respect as Mayor by supporting a confidential review process and endorsing this type of behaviour. What an absolute compromise of integrity, I’m sure his mirror is shattered.
Lobo, like many others, (MODERATORS: rest of sentence deleted)
September 24, 2016 at 10:47 AM
I had high hopes that with a new CEO things would change in council. She has got rid of some of the dinosaurs. Whether the replacements are of the same breed is still open to question. So far things have only got worse and her public comments don’t make me change this view.
September 24, 2016 at 11:01 AM
I want to know why Lobo gets censured and Hyams gets off scot free if they are both guilty. The others are gutless wonders in not standing up to these bullies. Pilling is the worst followed by Magee and Delahunty.
September 24, 2016 at 1:01 PM
Jamie Hyams, you have no integrity and shouldn’t be allowed to stand for council, you’ve been sacked already and should be sacked again. Your treatment of Cr Lobo has been reprehensible and hypocritical.
Cr Lobo you should take legal action against this man!!!
September 24, 2016 at 1:35 PM
The sorry saga continues. Under Newton we had Goudge, Grossbard being singled out. Next was a little fisticuffs between Erlich and Feldman. Next Whiteside’s fued with Lipshutz and Hyams. Next everyone on Penhalluriack’s back. With Newton and Burke gone we now get Lobo versus Hyams. A disaster since the day this place became Glen Eira City Council.
I agree with most of the sentiments already expressed here. All incumbents should be voted out. If there are any true “independents” out there they should be given the opportunity as councillors to at least show that the Lib versus Lab biases do not continue to dominate this council and cause hundreds of thousands of dollars to be spent on legal wild goose chases.
Personally I have had enough of lawyers on council. All they do is muddy the waters and are responsible for creating divisions between the public and the council.
September 24, 2016 at 1:44 PM
yes ridding ourselves of troublesome lawyers would be helpful
September 24, 2016 at 2:41 PM
Donna Elliott ..my view is that if this Council is placed into “Administration ” the resultant cost (use of rate payers funds) will be significant.
September 24, 2016 at 10:00 PM
Hardly. We would save $90k on Pilling and about $24k each for another 8 dodos. That’s close to $300k. A fraction of what’s gone to lawyers.
September 25, 2016 at 8:43 AM
Having worked in Insolvency and Restructuring, the rates of such staff are high.
I will locate the standard schedules.
If Deloitte were appointed, I sincerely doubt that any staff would reside in Tucker Ward. Donna Elliott
September 24, 2016 at 1:46 PM
If the Confidential Report has been leaked to Leader or any other media, then the report is NOT CONFIDENTIAL.
As a resident, rate payer and nominating candidate,I believe that the Report be released to constituents EXPEDIENTLY.
I would think that the Report could be uploaded to GEC website, with minimal cost or time involved.
If that means paying a GEC employee “double time” TODAY, I believe that is an appropriate expense.
As for “No Comment” by current Councillors, SORRY…this attitude does NOT SUFFICE.
Rate payers and nominating Councillors deserve to review this Report ASAP.
The community is entitled to Transparecy.
September 24, 2016 at 1:59 PM
Dear Anonymous,
as a potential councillor, would you like to put a name to your comment so that voters can see what candidates stand for?
September 24, 2016 at 2:32 PM
Donna Elliott
September 24, 2016 at 6:03 PM
Thank you muchly Donna.
This report would help residents decide who they would or wouldn’t support in the coming ward elections
September 24, 2016 at 2:31 PM
I have not read previous comments, but I will be.
If a CONFIDENTIAL report is “leaked” to Leader News or any other media,
then the report is NO LONGER CONFIDENTIAL.
As such, as a Rate Payer and local resident, my view is that this Report needs to be made available to Glen Eira Residents PRON TO.
This could be released on the Glen Eira Website fairly easily.
Minimal cost to RESIDENTS.
As a nominating candidate, I personally want to read this report PRIOR to confirming any print work etc, effectively “endorsing ” other candidates who may well be “Colleagues ” in the event that I am “Voted In”
Quite frankly, “No Comment” does not cut it.
September 24, 2016 at 2:48 PM
Congratulations on being up front Ms Elliott. That is a refreshing sign. Transparency does not exist in this council under the control of Lipshutz and Hyams.
September 24, 2016 at 3:16 PM
What happened to Lobo was disgraceful but pursuing defamation would be expensive and fruitless. Not at all sure his reputation is such that much damage has occurred.
That said, I hope Hyams goes as he’s been the cause of a lot of friction in the Council and for the second time.
September 24, 2016 at 4:29 PM
Lobo is a threat to the likes of Hyams and Lipshutz. He tells the world too much about the inner workings of council like the fact that only he and Okotel wanted public consultation on the zones and that the minutes of assembly meetings are bullshit. These two have been at the back of every single thing that has gone against the community like Caulfield village, like the conservatory, like Frogmore, like permit after permit for synagogues in the face of huge opposition, like no notice of motion and no decent public question formats. They are bigots themselves and work solely for their self interest and not the community. I too hope that Lobo sues them for all they are worth and if Hyams is still running in a week’s time then he has no shame, no conscience and no integrity.
September 24, 2016 at 10:49 PM
You wouldn’t wish Lobo on friend or foe alike, if anyone was to look at Lobo’s voting record he’s not that far behind the conservatives.
A few disgruntled muttering here and there from the little man, mostly untranslatable into anything meaningful loss or gain
Apart from being a universal pain in everyone’s bum, Lobo offers very little for residents. The best thing he does, he does by default, he has kept the Liberal Party in minority on council. But then they found Pilling to do their bidding didn’t they.
September 24, 2016 at 6:23 PM
Any concensus on whether the O’Brian Report shounder be made available?
September 24, 2016 at 10:50 PM
Consensus should be a non issue, it should be a fundamental right.
If Council has commissioned a report from, or made a submission to, any third party it has used ratepayers funds. Council is therefore legally, through representation requirements, obligated to make those reports/submission publicly available.
No excuses, anything less than readily and freely available is unacceptable.
September 25, 2016 at 11:38 AM
If Leader News has sighted the Report then Residents / Rate Payers should be entitled to sight it
It would seem to reflect poorly on several of serving Candidates.
September 25, 2016 at 12:21 PM
Not “several” but the other 8 since it is safe to assume that Lobo would have wanted the report made public if he is largely “innocent”. The exact opposite would apply if the report found that council (ie the other 8) had condemned Lobo via the censure motion without cause – as appears to be the case from the Leader report. Thus we have 8 councillors voting for secrecy in order to protect themselves. Hardly a good enough reason!
September 25, 2016 at 9:13 AM
Lobo’s behaviour in the last meeting appears to be from a man under extreme stress most likely from ongoing bullying and intimidation. For him to be allegedly asked about terrorist links and be defamed is disgraceful. In the absence of any compassion from the Mayor or fellow Councillors, he should receive personal support through Council staff. I hope that the CEO is assisting with this.
September 25, 2016 at 3:21 PM
The new CEO seems to be no better than her predecessor when it comes to taking on the Council. Sadly!