The last part of tonight’s council meeting plummeted to new depths that we thought impossible even for this council. But it seems that where good governance and fair play is concerned there is no limit to how low one can go! We are referring in particular to the Councillor Question items and the Requests for Reports.
Cr. Forge’s question (printed in the agenda) basically asked for the costs related to the Penhalluriack Councillor Code of Conduct, the O’Neill Report charges and a few other ‘incidentals’.
HYAMS; ‘approximately $65,000….to date….(can’t give full estimate because that’s dependent) ‘on Cr Penhalluriack’s conduct….(stated that it was) ‘relevant that all expenditure … due to Cr. Penhalluriack’s behaviour (and all councillors including Forge) ‘resolved to refer Cr Penhalluriack to the Councillor Conduct Panel…..behaviour towards officers which was found to be inappropriate’ (by O’Neill)…included behaviour….(which) breached …conflict of interest provisions of Local Government Act….(Penhalluriack’s choice to refer this to VCAT also) ‘signifianctly increased the costs’.
Went on to state in answer to the second part of Forge’s question that he ‘was not responsible’ for giving advice to Council’s solicitors. …’it is up to …officers to give effect to …resolutions….(officers may consult with councillors but )’that is up to them’. Hyams concluded that he doesn’t ‘propose’ any mechanism to ensure that councillors are kept apprised of what’s going on.
No councillor commented on this response!
Penhalluriack then asked a question of his own relating to the Audit Committee Annual Report and where it was tabled at a council meeting. He went on to ask: how long Lipshutz, Gibbs and McLean had been on the Audit Committee and why the appointments for the latter were held in camera.
HYAMS: Responded that the audit committee’s report was included in Council’s 2010/11 Annual Report. He then read out the entire entry from the Annual Report. Went on to state that this had been ‘circulated to all councillors in August 2011′ (and adopted at Special Council Meeting in October 2011)…’all 9 councillors were present; the resolution was unanimous….(then stated that the audit committee itself had approved a report in 2011 and that Magee, Lipshutz, Esakoff, Forge and Penhalluriack were present)….’all 5 councillors received the report before the meeting’….’it will be included in the agenda for next ordinary Council Meeting in the same form that you have had for 4 months…..’
Went on to explain the composition of the Audit Committee and that these people are all appointed by council resolution. Lipshutz has been on the committee since 2006. Gibbs since 1998 and reappointed in February 2009; Mclean a member since 1999 and reappointed in February 2011.’ You voted in favour on all four occasions’….’Section 89 of the Local Government Act provides’ for matters regarding personnel to be ‘in camera’….the process …tonight is identical (to that done on) all previous occasions’.
ADVISORY COMMITTEES
Lipshutz was reappointed to the Audit Committee together with Lobo. Again no councillor uttered a word on this continued reappointment.
We will provide further details on what occurred in the coming days.


