Councillor Performance


Lipshutz got the ball rolling tonight with an incredible motion – to rewrite history and the official record. When Hyams called for confirmation of minutes Lipshutz moved that the minutes of 10th April be amended in relation to Penhalluriack’s questions and Lipshutz’s point of order inserted. He claimed that the questions were ‘a continuation of the bullying behaviour’ as ‘noted in the Ombudsman’s report”. Hyams asked for a seconder. There was a very long silence and in the end, Hyams seconded the motion himself.

LIPSHUTZ: Said that Penhalluriack asked a ‘series of questions’ and on the 5th question he raised a point of order. Stated again that the point of order was upheld by Hyams and ‘therefore the minutes do not properly reflect that’.

HYAMS: agreed  that what’s there currently is ‘more commentary’ than an account of ‘what actually happened at the meeting’. Said that his ‘recollection’ of the events was about the three points of order that Lipshutz raised and that he ruled in favour of them.

PENHALLURIACK: “I asked a series of questions……(he paused after the first one and got Hyams permission to continue)….’those questions are vital…..(since councillors will be voting on re-opening the mulch facility)……’that is council’s right’….’but the minutes are inaccurate because they don’t record the fact that I had asked 4 questions’ (and we didn’t get notice of Lipshutz’s motion in assembly)….’the four questions should have been put on the record…they should be answered by the CEO (or relevant officer)…..Cr Lipshutz is famous for….leaping to his feet to stop me from speaking….(he should have done this with the first question but he didn’t)…(same for 2nd, 3rd, and 4th question)…..’during the 5th….he suddenly woke up…..or (decided to) stop me at that point’….(Said that Hyams pointed out that Glen Eira’s meeting procedures in the Local Law) ‘protect you from my motion of dissent’….’so even though there may have been a majority of councillors who didn’t like what you were doing….you weren’t prepared to put it to the vote’….(which democratic institutions) ‘love doing’….(You said) ‘I rule, I am the Mayor’ …(the Mayor of) ‘toss of the coin’….’I will not listen to your motion of dissent and I will not consult with fellow councillors’….’that defies logic that a point of order can go backwards’ (and delete earlier questions)….’each of my questions covered different matters’…

Hyams interrupted saying that Penhalluriack’s 3 minutes were up. A vote to extend time was taken and passed unanimously.

PENHALLURIACK: ‘we have the tape recording of the meeting’ (so can confirm what) “I’m saying is correct’…’there was silence…..until the 5th question….(Told councillors to refer to the minutes of the assembly of 10th April where it says ‘Councillor questions’ and quoted that Penhalluriack advised he had a ‘list of questions’)….’not a question….a list of questions’….’I am now demanding that this council supports me in getting those questions answered’….’councillors deserve explicit answers before they embark’ (on decisions on the agenda tonight).

HYAMS: said he wanted to ask Burke a ‘couple of questions’.

‘Is there anything in our Local Law at all that would have allowed me to do that?’ (ie put the dissent motion to a vote). Burke answered ‘No there’s not’. Next question was whether the Local Law permitted the Mayor to ‘decide all points of order?’. Burke stated that ‘the Local Law is quite clear….absolutely clear…’. Hyams then asked if Burke had heard him say ‘I am the Mayor and what I say goes’?..Burke said that he doesn’t have a ‘recollection’ of what Penhalluriack alleges Hyams said. Hyams then said that he ‘understands that you’ve listened to the tape of this discussion’….’does it reflect that all the questions were ruled out of order?’ Burke confirmed this.

LIPSHUTZ: asked Burke that when he moved the point of order whether he meant all questions?

BURKE: responded that the point of order ‘was in relation to all questions’.

PENHALLURIACK: said that in any meeting of ‘elected representatives’…..’is it possible to put anything to the vote?’

BURKE asked Penhalluriack to ‘be more specific’.

PENHALLURIACK: Agreed that the Local Law states that the Mayor can decide but ‘it does not say that the Mayor cannot democratically ask his councillors’ to vote….’that’s similar to when the Mayor has the casting vote….(and his obligation is to preserve the status quo)…’the law doesn’t say he must, tradition says he will’.

BURKE: stated that he’s only got the Local Law and that says that the Mayor is the final ‘arbiter’.

PENHALLURIACK: said that Burke is avoiding the question and asked whether ‘it was not possible for the Mayor to seek the advice’ of his councillors…..

BURKE: ‘…..ultimately (chairperson has to ensure that the)’business of council is done….in good order….(since there is the Local Law then it would be) ‘most unusual to move away from that’….there’s nothing to stop the Chairperson from doing that ( but he doesn’t have to).

PENAHLLURIACK: stated that he didn’t say that the chair ‘has to do that’…..

HYAMS: interrupted by asking if Penhalluriack was asking a question or making a statement.

PENHALLURIACK: Asked Burke that when he listened to the tapes whether he noticed a ‘pause’ between the series of questions

BURKE responded that he didn’t

PENHALLURIACK asked for a copy of the tape

BURKE: “I will need to consider that request Councillor’

PENHALLURIACK: Why?

BURKE: ‘That’s my answer Cr Penhalluriack’.

LOBO: Said that he didn’t come to the council meeting for the election of the Mayor because he ‘wasn’t well’…..(Penhalluriack shouldn’t have said that Hyams is a Mayor) ‘by toss of the coin…you have to respect the seat’.

PENHALLURIACK: asked permission to answer but Hyams said it wasn’t a question. Penhalluriack said his comments weren’t a  reflection on Lobo. Hyams then said that Penhalluriack is ‘allowed to speak if you feel you’ve been misrepresented’.

LIPSHUTZ: Claimed that his habit of ‘jumping up’ is ‘not true’….(he was concerned that Penhalluriack not continue with behaviour)…’that the ombudsman and the O’Neill report (condemend)….’I’m also concerned….that the questions be proper….’not just Penhalluriack….if any councillor, including myself embark on that course (then he’d want someone to raise a point of order)….(said that Penhalluriack’s claim about ‘no notice) ‘that’s not true either….(said that at the pre-meeting he gave a) ‘clear indication’….’that I may raise a point of order’….(said that Penhalluriack was trying to) ‘revive the same motion that he had’ (before)…’reality is….listened to the question to see how far….by the 5th question pretty clear ….the whole totality of those questions were the subject of my concern…’list of questions and they were dealt with as one….(point of order was upheld)’and the minutes should reflect that’….

MOTION PUT and CARRIED. Penhalluriack called for a division. FOR – Esakoff, Lipshutz, Lobo, Hyams. AGAINST: Magee, Penhalluriack

IT SHOULD BE NOTED THAT FORGE AND TANG WERE APOLOGIES. PILLING WAS ABSENT AND NO APOLOGY TENDERED.

Item 9.7 centres on the suspect Lipshutz Request for a Report on the removal of the Caulfield Park Depot. We remind readers of the Pilling email which clearly revealed how in breach of council’s own resolution this request was. Now we have the Officers’ report which of course says nothing, so that the status quo remains. We also note that there is no name attached to this report so there is no accountability or responsibility. Another frequent and handy ploy of this administration!

The report states that  “The Caulfield Park master plan adopted by Council some years ago was premised at that time on the depot remaining where it is”. So what? Not stated is that the Master Plan dates back to the dark ages and when it suits has been changed and altered and massaged according to new circumstances – ie. concrete pathways; ‘realigning’ of ovals’; fences and now the latest craze, concrete plinthing.

The argument for non-removal then continues with an exposition of the multi-function purpose of the current depot and concludes with the simple sentences “There are few areas within Glen Eira which lend themselves to these uses. It would be undesirable to relocate the depot from one park to another park or to any other site which was capable of being used as public open space”. Note the admission that there is at least a ‘few areas’ that might be suitable. Of course, none of this is elaborated upon!

The real intended killer blow is: “Officers have previously advised Councillors of an estimated cost of not less than $3m. It is not possible to be more specific until a new site is identified and the nature of redevelopment of the existing site is known”. Surely it would not have been too difficult if there are a ‘few areas’ suitable, for some ‘specifics’ to be included for these sites at least?

Thus, in the space of one and a half pages an issue that has been of major concern for nigh on forever is thus sidelined again – indefinitely!

We urge readers to note:

  • The total lack of any financial/geographic details
  • No documentation as to which sites have been investigated
  • No detail as to why any of these alternate sites are unsuitable
  • No detail as to the arrived figure of $3 million

We can only conclude that not only is the report totally substandard, but its usefulness for any responsible decision making by councillors is non existent. We believe that this is the ultimate objective anyway – ie to do nothing but create the illusion that there has at least been the attempt to solve a festering problem and councillors, especially Lipshutz, can then proclaim to his electorate – “look, I’ve tried’.  In the end, it all depends on the gullibility and/or integrity of councillors as to whether they will accept this continual manipulation.

PS:  Following several comments re the MRC’s failure to put up the fence as per the ‘agreement’, we’ve received a photo of the site taken exactly one year since the signing of the ‘agreement’ (27th April). As many residents suspected, such agreements obviously aren’t worth the paper they’re written on! The weeds certainly do add a nice touch as well!

Glen Eira Council pretends that it cares about resident views. It pretends that it is transparent and accountable. It pretends that it not only listens to residents, but acts on their views. We believe that nothing could be further from the truth. All any resident has to do is to start questioning what information is in the public domain, and the format in which it is disseminated, to realise the smoke and mirrors and selective nature of disclosure consistently practised by this Council.

Section 223 of the Local Government Act provides residents with the opportunity to make submissions on important strategic and policy decisions such as budgets, community plans, selling of property, etc. Councils are bound to ‘consider’ such submissions. Countless other councils ensure that full submissions are published in agendas and minutes – as well as an officer’s summary and response to these submissions. In other words, interested readers can see what residents wrote, as well as how their views are responded to. In Glen Eira the process is far more selective – and, we believe, censored.

Yes, the minimalist legal requirements of Section 223 are fulfilled because they have to be. But in most cases, that is the extent of it. The most important policy decisions and issues, and what residents think about such proposals have not, in recent years, been published. For example, residents have not been provided access to submissions on:

  • Community engagement/consultation policy
  • Planning Scheme Review
  • C87
  • C60
  • Bike Strategy

All of the above have been major issues for residents. Yet all that has been published are skimpy (and perhaps selectively edited?) officers’ summaries and responses. What has been provided in full is laughable in comparison – ie. submissions to the Toilet Strategy!!!!!!!!

Councillors need to realise that good governance demands full disclosure of submissions on all topics, policies and areas – unless the authors of such submissions request otherwise. Only publishing those that are perceived to be potentially less contentious and ‘sensitive’ is not a substitute for full accountability and transparency.

From Council’s website –

Glen Eira City Council is currently finalising a proposed play space project at Murrumbeena Park on Kangaroo Road.

The proposal sees the removal of the existing playground adjacent to the main sports oval and the creation of a new play space in the eastern side of the park. The design incorporates a number of leading edge components and treatments which will make the playspace a model for future developments.

The design goes beyond any existing playground and merges traditional play equipment with interactive landscaping, family picnic areas, tree plantings and facilities. It provides areas from toddlers to more active adolescents and can be accessed by wheelchairs and prams.

In January, the Victorian Government announced a grant of $258,921 to assist in the construction of the Murrumbeena play space as part of Sport and Recreation Victoria’s Community Facility Funding Program.

The project is listed as an item for consideration as part of Council’s 2012–13 Budget.

An opportunity to view the plans will be available at Murrumbeena Park Pavilion, Kangaroo Road on Thursday 24 May from 6.30pm to7.30pm. This will include a brief presentation by the play space designer and Council officers will be available to clarify any issues and answer any questions.

If you require further information, contact Council’s Service Centre on 9524 3333 or email recservices@gleneira.vic.gov.au

COMMENTS

  • What has happened to ‘community consultation’ re the design? One hour will definitely give residents ample opportunity to view and comment on the design, won’t it? Could it possibly be that after the fiasco of Packer Park the decision was NOT TO ENGAGE with the community and seek feedback?
  • No mention of the $700,000 that will come of ratepayers’ pockets!
  • Why are all designs produced by this council so ‘cartoonish’ and lacking in detail?
  • Risk management would certainly be an issue with this design given that the goal posts sit practically on the edge of the path/play areas. Will this mean that kiddies have to dodge footballs, soccer balls, etc? Or will council suddenly decide that they have to ‘relocate’ the sporting grounds at the cost of mega bucks? Or will we now have a 20 foot wire mesh fence to cordon off the sporting oval from the ‘development’?
  • Why are we spending $1,000,000 when this council has been classified as ‘high risk’ and we are facing a ‘cash crisis’ and a playground is already in existence at the park?


 

 

The ‘Executive Summary’ of the O’Neill report comprises 8 pages involving 6 allegations. She concludes with 7 recommendations. The report is dated 20th June 2011. This is the first of our posts on this issue.

The following points should be carefully noted:

  • Newton’s allegations were never put into writing – they remain ‘unofficial’. There has never been a formal ‘written complaint’
  • Penhalluriack (and allegedly Newton) have only received this summary report – not the full report itself.
  • Who has read the full report?
  • O’Neill wrote the allegations herself based on the documents (and ‘discussions’?) provided to her by Newton
  • O’Neill interviewed: Lipshutz, Esakoff, Tang, Swabey, Wait, Donna Graham (Legal Counsel for council), Hyams, Magee, Pilling, Lobo, Forge. Penhalluriack asked that 6 residents be interviewed. O’Neill only interviewed 2 residents claiming that 4 were not ‘relevant’ to the investigation.
  • O’Neill NEVER concluded that Penhalluriack was a ‘bully’ in this report. Her strongest claim was that there were instances of “inappropriate behaviour”.

The following opening extracts are cited verbatim:

“In accordance with the terms of the Glen Eira Bullying Policy, the complainant, being the CEO and the person accused of bullying, being Councillor Penhalluriack should be provided with this Executive Summary. This should be raised at the earliest possible opportunity with Councillors to ensure that both the CEO and Cr Penhalluriack are given an opportunity to respond in accordance with your Policies and Procedures. This is particularly the case as Cr Penhalluriack is about to go on leave this week.

1.1           You have instructed me via Peter Jones, the responsible Officer, that the CEO, Andrew Newton (“CEO”) has raised a number of OHS concerns that he has with respect to the provision of a safe system of work. No official written complaint has been made by the CEO.

1.2           As there was no written complaint in this matter, I met with the CEO to ascertain what his OHS concerns were. Following my meetings with the CEO, I drafted a Table of Allegations  which was approved by the CEO

1.3           Cr Penhalluriack has been given every possible opportunity to respond to the allegations. Ultimately, Cr Penhalluriack chose not to meet with me to allow me to put the allegations to him. Instead he provided me with a written submission. It should be noted that in some cases these written submission to me do not address the allegation, but instead he responds to each of the incidences that are referred to in the allegations. By declining to meet with me and let me go through the submissions with him, I have been unable to provide him with information provided by other witnesses so that he could respond to those matters or discuss with him in more detail the issues.” 

COMMENTS

We find this whole process extraordinary for the following reasons:

  • No attempt at mediation as a first port of call as recommended by Worksafe and Council policy.
  • Nothing in writing from Newton – just the handing over of a (selective?) bunch of documents
  • As the official ‘author’ of the subsequent allegations, O’Neill becomes both ‘accuser’ and ‘judge’ – a process that is highly suspect professionally and legally.
  • Why Newton’s reluctance to put anything down on paper? Another ploy to ensure that his hands are clean?
  • O’Neill’s logic is incomprehensible – ie. conclusions of guilt surely are made on the bases of the ‘incidents’ recorded and their overall credibility.  Penhalluriack is criticised for challenging these ‘incidents’ head on. Yet what else is he supposed to do – especially if such ‘incidents’ demand debunking? Common sense tells us that if the ‘incidents’ are spurious and would never hold up in a court of law, then conclusions as to ‘inappropriate behaviour’ or ‘bullying’ are highly suspect. Understanding this basic principle appears to have been beyond O’Neill. The question then arises as to what weighting O’Neill gave to Penhalluriack’s submission.
  • Finally, we’ve learnt that this ostensible ‘objective’ Executive Summary does not contain one single word that emanated from the interviewed residents. Were their comments irrelevant, or perhaps, deliberately overlooked? 

HYAMS

“I will work for residents and serve the community. I will listen to and do my best to help with your concerns. I will work hard to end excessive rate rises, fight inappropriate development, improve consultation, end council infighting and support local business and community groups and clubs.” (26th ,February, 2003: Moorabbin Leader)

“Members have paid a two-week deposit. The yearly membership doesn’t start until it opens,” he said. “Overall I don’t see that it’s going to cost them any extra because their memberships will start later and run later.” (16th January, 2012: Caulfield Leader)

“”I thought, given all the circumstances, it was in the best interests of the community to reappoint the chief executive.” (18th April, 2005: Caulfield Leader)

LIPSHUTZ

On C60 – “The proposal is an arrogant and greedy attempt at grabbing land for its own use and not utilising it as originally intended under the crown grant,” Cr Lipshutz said. “They basically want to take a section of Caulfield and create a village. It will be an ugly conglomeration of medium-density development with no recreation areas.” (20th November, 2006: Caulfield Leader)

ESAKOFF

“GLEN Eira’s new mayor, Margaret Esakoff, has pledged to tackle councillor infighting during her 11-month term. …… When she was elected in 2003 she pledged to stop the “infighting” and “divisiveness” at city hall. She told the Leader she would try to be “fair and reasonable to all” and bring the councillors together more often to foster a better working relationship within the chamber”. (3rd January, 2005: Caulfield Leader)

20th September 2011

Crs Lipshutz/Hyams

In accordance with the O’Neill Recommendation (a) to further protect the Health and Safety of staff in City Management, Cr. Penhalluriack’s access to this work area be suspended and the Director of Community Services be authorised to send the attachment letter to Cr. Penhalluriack (Attachment B).

DIVISION

Cr Esakoff called for a Division on the voting of the Motion

FOR                                       AGAINST

Cr Esakoff                            Cr Penhalluriack

Cr Hyams                             Cr Forge

Cr Lipshutz                          Cr Magee

Cr Tang                                  Cr Pilling

                                                   Cr Lobo

 

On the basis of the Division the Chairperson declared the Motion LOST.

Full and honest responses to public questions are difficult to find in Glen Eira. Spin, dissembling, and verbal gymnastics are the hallmark of what repeatedly occurs. Our comments in this post relate to one specific question:

“At the Council meeting of February 28th, both Crs Esakoff and Lipshutz moved motions asking for ‘Requests for Reports’ on the Lord Reserve/E.E. Gunn Pavilions and removal of the Caulfield Park depot respectively. Did both of these councillors provide written notice to other councillors prior to calling for these reports as mandated by the ‘no surprises’ clause within the code of conduct and the council resolution passed on the 22nd November 2011?” 

The Mayor read Council’s response. He said: “You have misrepresented both the Code of Conduct and the resolution of 22nd ovember 2011. While Clause 2.4.3 of the Code of Conduct requires Councillors to demonstrate ‘commitment to consult with other Councillors, within the decision making framework and with no surprises’, there is no requirement for prior written notice. As both Councillors, prior to making their requests for reports, verbally foreshadowed their intention to do so if another motion was successful, there was no breach of the Code of Conduct.

The resolution of 22nd November “strongly encourages all councillors to submit all motions to the Mayor and councillors in writing prior to a Council meeting, except where the motion arises during the course of the meeting or in extraordinary circumstances.” The motions were not submitted in writing, but clearly arose during the course of the meeting, as they were requested in response to the resolution passed at item 9.7, which introduced a matter to Council’s budgetary discussions.

Therefore, Councillors Esakoff and Lipshutz did not act in contravention of the resolution of November 22nd in making their requests for reports, as your question implies, and nor did the remainder of the Councillors in unanimously supporting those requests.”

We do not accept this response as an accurate reflection of what occurred on the 28th February. The requests for reports by both Lipshutz and Esakoff were NOT a ‘natural’ outcome of the discussion on the Victory Park pavilion and nor was there any mention of other motions. Simply stating that a request for a report is ‘foreshadowed’ does not adhere to sufficient notice. Here is what happened –

LIPSHUTZ: spoke about priorities and how this would mean ‘dropping things off the budget and putting other things on the budget. Called the motion ‘aspirational’ and that there were plenty of other ‘aspirational’ projects he’d like to see done such as the removal of the depot from Caulfield Park. Said that he would foreshadow seeking a report on this later. ’If I was cynical and I’m not, I would say that this is an election year ….councillors coming along with their own pet projects.….we need to look at this overall’ Echoed Tang and Esakoff about the necessity for ‘consultation’ with the clubs. Ended up by arguing that ‘what this motion does is places the issue of Victory Park on the table’ but he also stated ‘I don’t think it binds us….it is aspirational’. Ended up by again referring to an election year and that councillors will have to work out their priorities.

ESAKOFF:  Stated that this solved some things but she still had ‘concerns’. Worried that it was being ‘rushed through’ (She’d) ‘like something to come back to us in writing not necessarily to a council meeting’ about the E.E Gunn and Hex Pavilion. She said that ‘I would like something by way of a report’ on female facilities at these ovals. Worried that this motions would cause ‘a great deal of angst’ (from clubs)’ because they are waiting, not lobbying, because they ’know there’s a strategy in place’. Couldn’t therefore vote for the motion because it wasn’t ‘right’.

Please note that in neither of these statements is there any indication that ‘prior notice’ was given to other councillors which is in accord with the ‘no surprises’ policy. Secondly there is nothing in these statements which logically tie in with the eventually passed resolution on the Victory Park pavilion.

Perhaps the most damning indictment of this council’s attempt to fudge the facts and to excuse the clear breach of their own rules is this email written by Cr Neil Pilling to other councillors following the meeting of 28th February. We cite this in its entirety –

From: neil pilling
Sent: Wednesday, 29 February 2012 12:14:41 AM (UTC+10:00) Canberra, Melbourne, Sydney
To: Cr. Jamie Hyams; Cr. Jim Magee; Cr. Oscar Lobo; Cr. Margaret Esakoff; Cr. Steven Tang; Cr. Cheryl Forge; Cr. Frank Penhalluriack; Cr. Michael Lipshutz; Cr. Neil Pilling
Subject: reports requested tonite and the ‘no surprises’ agreed CR guidelines

Hi All,

Looking back on tonights proceedings and the reports requested in hindsight both the Depot and Lords/Ee gunn reports should have been at least discouraged and not sought.

They both controvene our agreed policy of giving due notice in writing as articulated in a motion passed late last year- This was voted for unanimously from memory so as to prevent ‘reports on the run’ and also i feel to  prevent ‘tactical manouvers’ in a council meeting to undermine motions put.

Whilst the subject matters of both reports is reasonable , this lack of notice is something feel we should guard against in future,

regards Neil”

We leave readers to draw their own conclusions as to the honesty and governance that occurs in Glen Eira, and in particular the role of the Mayor in permitting such tactics to go unchallenged.

Reprobate’s comment regarding the mad rush to finalise the Community/Council Plan by June has given us some food for thought. This is 4 months BEFORE the next election when there is the potential for an entire new crop of councillors to come into office. Hence, they will be ‘bound’ by the decisions of an outgoing council – especially since the option of rescinding motions does not exist in the current Local Law Meeting Procedures!

It’s therefore pertinent to recall the comment of Hyams in 2008 (prior to his re-election as a councillor) on the then proposed Community/Council Plan. We quote the opening paragraph of his submission dated 14th May, 2008 –

“….I don’t believe this Council should be finalising a Community Plan for the medium term at this time, given it will be finalised only a few months before the end of this Council term. Thus the effect will be that this Council is attempting to bind the following Council to a Community Plan that this Council has not had a chance to implement, but in all probability some members of the next Council will not have had an input in drafting, beyond, possibly, this community consultation process. I see no problem with the current Council carrying out the community consultation process, but I believe the next Council should finalise the Community Plan.”

Will the Mayor hold to these views now? Will principles stand firm, or will weasel words again be used to justify what we anticipate will be the gigantic recant on this position?

We’ve uploaded Hyams’ entire submission which we urge residents to read very carefully. His criticisms of the 2008 community plan will no doubt be applicable to the current draft plan. What he says and how he votes will reveal much about the man and the games of politics, principles and consistency.

At the Special Council Meeting of 3rd April, Lipshutz moved a motion which stated in part that officers provide:

‘all necessary and all relevant documents related to the mulch facility including, but not limited to, the report conducted by Noel Arnold and Associates’.  

Of course this represents an entire watering down of the original Forge motion which asked for ‘all test results’ and lapsed for want of a seconder. Lipshutz’s motion also included the wonderful weasel words ‘necessary’ and ‘relevant’. Who is to decide what is ‘necessary’ and/or ‘relevant’ remains a moot point. However, the word ALL would imply that at least ostensibly, Lipshutz is asking for documents that either (1) have not previously been made public, and (2) will clear up the question of the mulch facility and its ‘safety’. That should include ‘test results’.

If we are correct in our interpretation, then this same councillor’s statements at the last Council Meeting – only a week following the Special Council Meeting – are quite extraordinary. Lipshutz claimed that Penhalluriacks’ questions were ‘improper’, that he was seeking the same information that his FOI application was geared towards, and that the questions were critical of officers. Hyams joined in later by applying the word ‘bullying’.

Thus we have a council that has double standards and what’s good for the goose is obviously not that good for the gander. When Lipshutz can move a motion requesting ALL documents that are ‘necessary’ to clear up the mulch farce and then turn around and accuse Penhalluriack for basically asking the very same questions, then we’re in major trouble over governance.

It’s also interesting that Lipshutz makes the claim that Penhalluriack is after identical information to his FOI request. Given that the content of these documents were never made public, then how does Lipshutz know that what Penhalluriack was asking for is contained within those documents? Or could it possibly be that being one of the ‘chosen’, he has access to ‘confidential’ information that is not distributed equally to all councillors and thus represents another breach of the Local Law?

The continual abuse of meeting procedures, Local Laws and councillor conduct is mounting up. It is also time that councillors with a shred of decency put a stop to this continual abuse by speaking up in public. Silence is consent and when, as the saying goes, good men do nothing then this allows tyranny to flourish.

« Previous Page — Next Page »