The amended Local Government Act has now come into effect. In our humble view it is a mess, a piece of legislation that the Monty Python’s of this world would have a fine time in lampooning. We will highlight only one aspect of the new legislation.

In their infinite wisdom legislators have decided that a Probity Auditor is necessary to investigate THE PROCESSES involved in any complaints of bullying, sexual harassment against a CEO. Please note – the probity auditor will not investigate the actual complaint, just how it was handled. But it gets even worse! At the 11th hour legislators decided to introduce an amendment which gave the CEO the power to declare complaints as “vexatious and frivolous”. So what we have is the ludicrous situation where the person complained about can decide whether the complaint is bona fide or merely vexatious.

Given that some Labor members then raised the perfectly logical argument that this in effect would constitute a conflict of interest, Minister Guy and later Minister Powell argued that this could be overcome by the CEO delegating this function to one of his/her underlings!!! This should work a treat in Glen Eira no doubt.

For those who would appreciate a good laugh (or cry) we’ve uploaded the sections from HANSARD which deal with this issue. We have to seriously question where plain old common sense has disappeared and why bureaucrats are increasingly becoming a protected species thanks to both Liberal and Labor governments.

Hyams was elected Mayor tonight by a vote of 5 to 4.

Lobo nominated Hyams and Magee nominated Pilling. The votes in favour of Pilling were:

Delahunty

Pilling

Magee

Sounness

The votes in favour of Hyams were:

Hyams

Lipshutz

Esakoff

Okotel

Lobo

For Deputy Mayor there was only one person nominated by Hyams – Lobo. He was elected unopposed.

All councillors signed the Code of Conduct and 7 councillors were sworn in by Affirmation and 2 via the oath – Okotel and Lobo.

We’ve decided to have a closer look at the question of who will be Mayor following some recent comments. We’ve already stated that we believe it would be another case of “indecent haste” if the Mayor were to be elected tomorrow night. Two days following the announcement of the successful candidates is certainly not enough time for these individuals to make rational and long term decisions on the future. When a Mayor can wield so much power (ie gagging councillors, allowing residents to address council and most importantly, determining what can be over-ruled with no option for dissent) then who assumes the title of Mayor is crucial.

We speculate that there are possibly three candidates – Hyams, Pilling, and Lipshutz, with the latter as perhaps Deputy Mayor. We’ve ruled Esakoff out given that she’s been in the role 3 times and making it 4 times would be over the top even for the gang. That leaves room for some major political manoeuvring. We have 3 Labor councillors (Delahunty, Magee and Lobo); 2 Greens (Pilling and Sounness) and 4 Libs (Lipshutz, Hyams, Esakoff, Okotel). The possible combinations and permutations are mouth watering.

  • Will the Greens join forces with Labor to run the roost and elect Pilling? If they do, what does this augur for the rest of the life of this council?
  • Will Lobo ditch his Labor mates and side with the gang? What would Crean & Staikos think of this?

All in all, it should be a real eye-opener tomorrow night!

Thursday night (8pm) will see the first meeting of this council. The agenda items make for interesting reading.

  • Council has generally left the frontispiece on its Agenda and Minute papers for Special Council Meetings blank apart from the date and logo. Not this time! There’s a nice little subliminal ‘message’ reading – “The primary object of a Council is to endeavour to achieve the best outcomes for the local community having regard to the long term and cumulative effects of decisions.” s3c(1) Local Government Act”.
  • Councillors, apart from signing the Oath of Office will also be “invited” to sign the Code of Conduct.
  • There are also 4 options in relation to the Mayoral election – 1. Vote for a 1 year term for Mayor and Deputy Mayor; 2. Vote for a 2 year term for Mayor and Deputy Mayor; 3. Defer till next Ordinary council meeting or (4) Defer until no later than 30th November.
  • There’s also a notice about Councillor Expenses policy and remuneration.

We’ve done a quick search to determine how other councils may be approaching the first meeting of the new councils. Whilst not too many agendas are up as yet on other councils’ websites, we have located the following – none of which make any mention of the election of Mayors, nor of the ‘offer’ to sign the Councillor Code of Conduct. Most councils appear to be taking the sensible option and allowing a couple of weeks for councillors to come together and work out who will nominate, and how they will each vote. (See: Port Phillip, Boroondara, as examples).

The outcomes of Thursday night’s meeting will reveal much about the new dynamics and the power structures within Council. Meanwhile, the administration is still up to its old tricks we feel.

From: “Jill Esplan (Glen Eira RO)” <Jill.Esplan@vec.vic.gov.au>

Date: Mon, 29 Oct 2012 19:54:27 +1100

Subject: Computer count result.

Dear Candidates,

Please find attached the computer results of the 2012 Glen Eira election.

Congratulations to the successful candidates :

Camden : Michael Lipshutz, Mary Delahunty and Thomas Sounness

Rosstown: Margaret Esakoff, Karina Okotel and Neil Pilling

Tucker: Jamie Hyams, Oscar Lobo and Jim Magee.

The formal declaration will take place at 9am tomorrow morning at the Town Hall.

Regards,

Jill Esplan

Returning Officer

Glen Eira Council Election

ph. 9563 5013

There must be real fun and games going on at the count. We now have confirmation of the THIRD DELAY! (See below). There are two possibilities for these continued delays – (1) computer problems, or (3) major argey-bargey with and between scrutineers. If the latter then we assume things are indeed very, very, close in at least 2 wards.

“Dear Candidates,

Here’s the promised update.

The calculation will now take place for all wards in alpha order commencing at 6pm this evening.

The declaration has now been tentatively set for 9am tomorrow morning.  The venue remains the same.

Regards

 

Jill Esplan

Returning Officer

Glen Eira Council Election

ph. 9563 5013

Tables below are taken from the VEC website as at 9.15am Sunday. Updates to the counts will be made by VEC throughout the day. See: https://www.vec.vic.gov.au/Results/GlenEiraResult2012.html
At this stage Council could have 4 new councillors.
Candidate First preference votes Percentage
FORGE, Cheryl 466 3.44%
KRAINA, Catherine 126 0.93%
LIPSHUTZ, Michael 3373 24.87%
SPIEGEL, Joshua 372 2.74%
WEIL, Martyn Daniel 224 1.65%
SOUNNESS, Thomas 1582 11.67%
DEMPSEY, Kate 752 5.55%
PENHALLURIACK, Frank 1543 11.38%
KURAN, Bernie 1264 9.32%
STEEDMAN, James 398 2.93%
DELAHUNTY, Mary 3461 25.52%

Rosstown Ward (3 vacancies)

Results below are only provisional results.

Results for this ward will be published progressively. The figures below may not include all votes.

Enrolment: 33482
Formal Votes: 16874
Informal Votes: 1491 (8.12% of the total votes)
Voter Turnout: 18365 (54.85% of the total enrolment)

First preference votes

Candidate First preference votes Percentage
ESAKOFF, Margaret 5583 33.09%
OKOTEL, Karina 3794 22.48%
MIKELSONS, Wilmars 1236 7.32%
HO, Kelvin 518 3.07%
HSU, Ryan 1046 6.20%
CASPI, Michael 608 3.60%
DUNSTAN, Don 1460 8.65%
PILLING, Neil 2629 15.58%

Tucker Ward (3 vacancies)

 

Enrolment: 33307
Formal Votes: 18588
Informal Votes: 2407 (11.46% of the total votes)
Voter Turnout: 20995 (63.03% of the total enrolment)

 

Candidate First preference votes Percentage
DUDEJA, Raj 835 4.49%
HYAMS, Jamie 4289 23.07%
MAGEE, Jim 1894 10.19%
HEDGER, Brett 958 5.15%
CADE, Anne Marie 472 2.54%
LOBO, Oscar 2372 12.76%
De’ATH, Phil 1598 8.60%
MYERS, John Barry 213 1.15%
KAY, David 157 0.84%
GATOFF, Newton 1117 6.01%
READ, Rose 1846 9.93%
PILCHER, Trudy 163 0.88%
ANDONOPOULOS, Rodney 2146 11.55%
BUCH, Henry 528 2.84%

In front of countless residents waiting to vote late this afternoon, Esakoff, Hyams and Jack Esakoff sank to the lowest depths of gutter politics and personal slander. Here’s what happened.

Penhalluriack was speaking with a voter in the queue who had asked him a question. The unholy triumvirate were on the opposite side of the queue. Penhalluriack started answering the resident’s questions by pointing out the huge interest bill accrued via GESAC and the impact on rates for the next 15 years. Esakoff intervened with “tell the truth Frank”. Penhalluriack told her to mind her own business since he was basically engaged in a private conversation. Mr Esakoff then accused Penhalluriack of lying and the crème de resistance came from Hyams who stated that Penhalluriack has no “principles”.

Not only was such behaviour embarrassing, it demeaned council and in particular these 3 individuals. We also have to wonder whether it possibly breached the councillor code of conduct. This is not the first time that Hyams has revealed his true colours with obnoxious remarks directed at both councillors and residents. Mr Esakoff’s performance over these past two weeks also needs to come under scrutiny. As for Esakoff herself, we can only surmise that if she had devoted as much time to being an informed councillor as she is to muck-raking and electioneering, then Glen Eira would be a far better place.

 

CLICK ON IMAGE TO ENLARGE

Council elections everywhere are on the nose. Media reports across the state have featured:

  • Alleged physical confrontations
  • Police charges
  • Refusal to disclose financial contributions from developers
  • Countless complaints to the VEC and Municipal Inspectorate
  • Appalling lack of public information regarding the various candidates
  • Stooges everywhere
  • And much, much more

Glen Eira Council elections have not been immune to many of the above criticisms. The Leader has been totally derelict in its duty to report the news. We can only wonder why. It’s indeed a sad state of affairs when we’ve received scores of emails from residents asking for information on the various candidates – whether we know what political party they might belong to and what their preferences are.

Reports from residents tell us that the front steps of the town hall has been the scene for altercations between councillors and candidates; between residents and councillor husbands; formal complaints about accosting residents in the car park and other sundry matters. Certainly not a good look.

Yesterday however took the cake. A queue of up to 100 people was streaming out the polling booth early evening. Many were frustrated at the delay and at the inadequate staffing of the booth. At one point those waiting in the queue were told to go to the East Caulfield location! Not good enough! When literally hundreds of thousands of dollars are handed over to the VEC to conduct elections then one has every right to expect that the service is totally professional and efficient.

We also cannot fathom why the VEC places ‘Candidate Statements’ on its website – but only for those councils which have postal voting and NOT attendance voting. Nor can we fathom why the VEC refuses to publish each candidate’s voting card. It’s no wonder that council elections are treated as a joke by many and that candidates who do not have a huge bank balance, and are not supported by political parties and/or groups, are at a major disadvantage.

Politics has indeed become a dirty business. Glen Eira is no exception.