November 21, 2011
The following announcement has appeared this afternoon on Council’s website – in its usual hiding place, under ‘Public Notices””
| Special Committee Meeting cancelled | |
| At the meeting of the CEO Contractual Arrangements Special Committee held on 17 November 2011, the Special Committee resolved to cancel the meeting of the Special Committee scheduled for 7.30PM on 24 November 2011. | |
November 21, 2011
Petition calls on Glen Eira CEO to reapply for his own job
COMMUNITY activists want Glen Eira chief executive Andrew Newton to reapply for his job after his current contract expires. An online petition available for residents to download and circulate is on the Glen Eira Debates website.
Copies in Bentleigh and Carnegie supermarkets have also garnered signatures. The petition states: ‘‘Your petitioners therefore pray and demand that the position of CEO is advertised widely – and your petitioners will ever pray.’’
Glen Eira Residents’ Association president Don Dunstan, a former councillor, said his association supported the petition. He said the main organiser feared legal action and wanted to remain anonymous. ‘‘We think the position should be advertised because that is a chance to get the best person for the job,’’ he said. ‘‘It should be appointed on merit, and if he was the best person for the job, that’s fair enough. The job pays the same as the prime minister, and we don’t reappoint the PM – they are chosen by our elected representatives.’’
Mr Dunstan said the petition ensured councillors knew what the public wanted. He said the past five meetings to discuss the chief executive’s contract had been held in-camera. The mayor and councillors have declined to comment until a final decision has been reached. The sixth committee meeting is scheduled for November 24. It is also expected to be closed to the public.
Mr Dunstan said at each meeting the public were forced outside. ‘‘It’s totally undemocratic and there is nothing we can do about it. The petition shows what people want,” he said.
Rebecca Thistleton
Councils vote for change
COUNCILS are set for a leadership shake-up, as councillors prepare to vote in new mayors for Bayside, Kingston and Glen Eira. Many of the councillors have not publicly stated their positions, but Glen Eira councillor Neil Pilling and Bayside councillor Louise Cooper-shaw have revealed they hope to be elected as mayor or deputy mayor.
Neither Kingston’s mayor, Ron Brownlees, nor Margaret Esakoff from Glen Eira, will stand for another term. Bayside’s Alex del Porto hopes to be re-elected for what would be his fourth term.
Cr Pilling said none of the councillors elected to Glen Eira council in 2008 had served as mayor; a trend he hoped would change. “I am seriously considering standing for the mayoral role. I feel it is time for a fresh, less traditional approach to the position,’’ he said.
Cr Cooper-shaw, currently Bayside’s deputy mayor, said she would accept a role if nominated.
Glen Eira councillors will vote in their new mayor on December 13. Cr Esakoff said traditionally, a new mayor was elected every year. She said 2011 had been a successful one for Glen Eira, with the Packer Park expansion and the popular storytelling festival among her highlights. ‘There are always challenges, but the February flooding and seeing the devastation that some residents suffered was extremely difficult,’’ she said.
Her deputy, Jamie Hyams, said the past year had given him a chance to deputise at official functions and see the new sports and aquatic centre built. He was reluctant to discuss if he would stand for mayor or say who he would vote for before speaking to his colleagues.
Kingston’s election will be held at the November 30 meeting. Mayor Ron Brownlees said he would not stand for another term.
‘‘It’s been a busy, full-on year,’’ he said. ‘‘It’s always more than 40 hours a week and you always end up working seven days.’’ He said he had not decided who to vote for. Bayside’s annual meeting will be held on December 1, marking the end of Alex del Porto’s third term as mayor since his election to the council 14 years ago. Cr del Porto took a year’s unpaid leave from teaching to take on the 2011 role full-time.
Cr del Porto said a main challenge for the council in 2012 would be to attract more state and federal funding, which he said was becoming harder get.
Rebecca Thistleton
November 20, 2011
Rumours are rife that Andrew Newton has been “granted” his contract extension for another two years. No official announcement has as yet been made so we cannot vouch for the authenticity of these rumours. If however, they do prove correct we strongly suspect that the voting pattern may have gone along these lines –
FOR: Lipshutz, Hyams, Esakoff, Lobo
AGAINST: Magee, Pilling, Forge
Tang was a ‘convenient’ absentee at the last CEO Special Committee meeting where the decision was probably made. Convenient, in the sense that if he should by some miracle have voted against reappointment then the vote would have been 4 to 4 and Esakoff would have the casting vote. This would place her in an invidious position. Convention demands that the status quo is maintained – ie. contract runs its course without renewal. With Tang absent, this possibility has been averted.
We will comment further once the issue is resolved via the perfunctory formal announcement.
November 18, 2011
The agenda items include the long awaited ‘report’ on GESAC. However, this is not a ‘report’ but only an expanded ‘minutes’ of the October 5th meeting of the Pool Steering Committee. So much for Lipshutz’s promises and the transparency of this council!
The following is made clear:
We must also take the following with a huge grain of salt:
“The project is currently under budget, partly due to the levying of liquidated damages (LDs) on the sliding scale since 19 May 2011. Total LDs are likely to exceed $1m by the end of the project. The most likely scenario is that the $41.2m construction contract will be completed for thirty-nine-point-something million”.
Again we invite readers to consider the following:
Finally, this meagre 3 page document (which is really one page and a half) is short on detail but long on spin. Residents still have no idea when the centre will open; how much it will cost and how much it will be up for in operating costs. And of course, there is no mention of the basketball allocation saga which was ‘promised’ by Lipshutz at last council meeting. All in all, we suggest that this is fast becoming an unmitigated disaster on all fronts – transparency; accountability, and prudent oversight.
November 14, 2011
The minutes of 6th June, 2011 record the following resolutions:
Item 10 – URGENT BUSINESS
Crs Magee/Pilling
“That Officers report to Council on the awarding of the use of GESAC basketball courts. This report should include details of requests for Expressions of Interest letters offers and acceptances copies of draft contracts, and responds to the claims contained in the letter by James Cody Treasurer of the McKinnon Basketball Association of the 1st June 2011 and should also cover the capacity of the Oakleigh Warriors to honour their commitment.
2. That the report include by way of separate appendix a copy of the proposed contractual terms to Oakleigh Warriors and
Council not submit any written contract to Oakleigh Warriors until Council has considered same.
3. That this resolution be incorporated in the public minutes of this meeting, and
4. The report should include the cost of hire of like courts at Melbourne Sports and Aquatic Centre.”
AMENDMENT
Crs Hyams/Tang
In part four delete the word ‘at’ and replace with the word ‘including’.
The AMENDMENT was put and CARRIED on the casting vote of the Chairperson and on becoming the SUBSTANTIVE MOTION was again put and CARRIED unanimously.
COMMENTS
Five months later the silence is literally deafening on all aspects of GESAC. The resolution states that officers are to report to council. If this has been done, then we question why this has been done in camera and behind closed doors via a secret assembly meeting. If, on the other hand, it hasn’t been tabled anywhere, then fulfilling the requirements of such a simple request in a timely manner should in no shape or form take 5 months. Most of the requested documents should be on file. As for the comparisons, we in fact put up a post including figures for MSAC and other sporting facilities that took us no longer than 20 minutes to research and locate the relevant information.
The angst that has been occasioned by this entire stuff up is unacceptable. What is even worse is that no information has been released to the long suffering residents who are paying the bills. If officers are incapable of carrying out councillors’ resolutions within an acceptable time frame, then most reasonable people would conclude that they are either incapable of performing their duties, or engaging in a not so subtle form of obstructionism. Either way they should be replaced.
November 9, 2011
CEO: I’ll sue you
Mathew Dunckley
2 March 2005
Moorabbin Glen Eira/Kingston Leader
GLEN Eira chief executive officer Andrew Newton has threatened to sue city councillors if they don’t renew his $250,000-a-year contract.
In a letter leaked to the Leader, Mr Newton threatened to sue any councillor who voted against his reappointment, alleging a breach of the Fair Trading Act.
The letter, dated February 11 and confirmed by several councillors, is the latest in a flurry of leaks from the council.
The reappointment process stalled in December and the council voted against Mr Newton’s reappointment at a confidential meeting on February 7.
The council was expected to announce a decision to advertise the position last week but the Leader understands it has instead had to seek legal advice following the threat from Mr Newton.
In his letter, Mr Newton said all councillors had agreed to publish an advertisement declaring the council’s intention to reappoint him.
“I am advised that each councillor who resiled from that intention on February 7 has breached the Fair Trading Act,” the three-page letter stated.
“If a resolution is not put and passed reappointing me, you will leave me no choice but to act on legal advice to sue those ouncillors personally for very substantial damages.”
The council had a number of options open to it last September when it first considered his reappointment, the letter stated.
“Given what you have said and done (since September), the only conscionable decision open to you, that does not carry unfavourable consequences, is to do what you said you would do.”
Mr Newton also alleged breaches of the Occupational Health and Safety Act stretching back to 2002.
Mr Newton claimed the council had not acted on his concerns and if he was not reappointed, he would be forced to seek further damages.
“In any objective analysis the runs are on the board,” Mr Newton said. “This is a high performance-low cost organisation. The mayor has confirmed earlier this week that there are no allegations of performance issues in relation to me.”
Mr Newton and most councillors refused to comment on the issue when contacted by the Leader last week.
Cr Alan Grossbard would not comment on the subject of the letter but said any appointment by the council should not be “dealt with under the veil of alleged threats”.
Cr Noel Erlich said he had “100 per cent” confidence in Mr Newton and criticised other councillors for not backing the chief executive officer’s reappointment.
“Look at it from his point of view. He thought he had a job and now they have turned it around inexplicably and that it is unfair,” he said.
November 5, 2011
Oscar Lobo came into council all guns blazing. We’ve reported on:
There have also been several clashes with Lipshutz where ‘niceties’ were hurled across the chamber. We’ve also learnt that Lipshutz was definitely not on Cr. Lobo’s list of bosom buddies. So what’s happened? Why the sudden reversal that makes one suspect that Lobo is now nothing more than Lipshutz’s pawn. Ill health might explain some of this reversal. But certainly not all. From the gregarious, outgoing, impulsive, energetic councillor determined to listen to his community, Oscar Lobo has literally turned into a shadow of his former self. He is silent on all issues. All he does is put his hand up. And, most significantly, at last ouncil meeting after what appeared to be some urgent mutterings in his ear from Lipshutz his vote suddenly changed. What this says about conviction and decisiveness in voting we will leave to the reader’s imagination. But it may say plenty about the relationship between these two men.
We’ve learnt the following:
An email from Lipshutz to Lobo asked in part whether any of the Middle Eastern banks he had worked for were involved in channelling funds to terrorist organisations.
Lobo’s response was outrage and hence his attempt at one council meeting to force discussion on ‘racism’. This of course was blocked by the four. Our comments at the time (December 14th, 2010) were: “Lobo gagged AGAIN. Seems like Oscar Lobo attempted to reveal something about an email written to him by Lipshutz in response to the former’s email to Esakoff. Hyams piped up that private emails are private and since councillors have right of reply only when the PUBLIC may draw some inference from comments/press/statements, Lobo couldn’t raise the issue. We strongly suspect that it has something to do with his earlier call of ‘racism’ that he has attempted on several occasions to put before council.”
Apparently, there is also a recording of a conversation involving Lobo that ended up in the hands of Steven Tang.
We are certainly not suggesting anything untoward but, could the sudden change in Cr. Lobo and these events be connected in any way? We simply have to ponder:
Ah, questions, questions, questions! We invite Cr. Lobo to come forth and explain any of these coincidences and most importantly, to account for the amazing metamorphosis into a Lipshutz disciple over the past 10 or 11 months. The gallery misses the energy, enthusiasm and contributions of the old Cr. Lobo. We believe that residents deserve an explanation for this amazing conversion. Residents also need to understand the rationale behind Cr. Lobo’s voting patterns given his silence in council. After all, ratepayers pay his expenses and we deserve to know why he votes as he does.
November 5, 2011
For months and months we’ve been hearing the same repetitive spin – GESAC is on time and under budget. We’ve also consistently bemoaned the fact that the Pools Steering Committee has not exactly been forthcoming with information. Secrecy has dominated all facets of this project and the committee. Finally, the utopian vision that Lipshutz has been peddling is starting to show some major cracks. Suddenly the picture is not all that rosy for the much vaunted December opening. We also suspect that money is leaking like a sieve from this project – why else the need to enter into higher purchase contracts? ‘Unforseen’ costs such as lawyers, car parks, and heaven knows what else, must surely have blown the budget to smithereens? If so ‘successful’ then why the need for the continued extensive full page advertising in 4 local papers? Yet, we have been hearing the same old story again and again. It is definitely wearing thin.
So now, at the 11th hour it looks like residents will finally get an (edited) version of at least some of what has been going on. Lipshutz is finally admitting that there ARE PROBLEMS, and that the opening date is still unclear. Let’s say, for the sake of argument, that the pool doesn’t open until January next year. If council is right in its projected attendance figures of hundreds of thousands, then one month’s delay in the summer period, could impact massively on income. Longer and it could be disastrous. It really is about time that residents were provided with the full picture of what is, and has, been going on.
A good start would be for councillors to demand and receive a full, itemised account on all expenditure, where every single penny is accounted for – and income. And if there are issues and problems, then who is to be held accountable? Is it really all the weather’s fault? the builders’ fault? The Steering Committee’s fault? The possible questionable quality of a business plan? And the most vital question – how much more money is this going to cost ratepayers that hasn’t been budgeted for?
Here’s what was said at Wednesday night’s Council Meeting:
LIPSHUTZ: Stated that committee meets monthly and discusses progress. ‘One of the biggest problems ….is the builder and the difficulties (for completion on time). Said that at NEXT council meeting there would be a ‘full report as to that issue’ (and) ‘the various activities at GESAC’. Concerns ‘that all members of the community have is the completion date’. Lipshutz expected ‘that would be discussed at next meeting’ and ‘once we know how the builder is going’ (building and plumbing issues, then they’ll be able to give some definite date as to when the pool will open)’.
PENHALLURIACK: stated that he had attended some meetings and that there was another one on tomorrow (Thursday) ‘ I’m concerned that this council has too much in confidence material (these minutes lack) ‘detail’….I endorse what Cr. Lipshutz said. It was a full and frank discussion about the progress….and I think they should be recorded in the minutes…..there are one set of minutes for assemblies…this is a steering committee and I believe we either have this in camera …..or alternatively we have full and frank minutes published”.
November 4, 2011
Item 9.4 on Wednesday night featured the Public Toilet issue in Centre Rd., East Bentleigh. We draw readers’ attention to this item because it highlights again:
Here’s what happened:
MAGEE: Submitted alternative recommendation/motion where council could ‘note’ the ‘possibility’ of providing a public toilet at 672 Centre Rd and that there be community consultation about Option A – ie to sell the laneway to help fund the toilet block. Seconded Forge.
MAGEE: Stated that nearby toilet had disappeared nearly 15 years ago and that the IGA toilet was inappropriate since residents had to leave a deposit when they asked for a key then return it. For elderly residents this was not ‘dignified’, so instead of spending an ‘enjoyable time in our shopping centres’ they go to a hotel, go home ‘or they don’t come to the shopping centre’. Proposed that sale of laneway could go to Commonwealth bank ‘who are already pushed for car parking’ and they would benefit from an extra ‘3 or 4 carparking spaces’….(which would) ‘subsidise if not pay for the whole’ lot….’People in East Bentleigh deserve this and asking for this….let’s see how we can fund this….let’s ask the community, the shopholders…
FORGE: Supported Magee. Outlined how her previous work with the health industry and elderly and ‘it’s all very well going to a hotel’……’but when you’re in trouble….it’s a long way (to go)….it’s not just the elderly, but young ones as well. Mothers with children’….
LIPSHUTZ: Supports the ‘concept’ of public toilets and ‘if there is a need in East Bentleigh I would certainly support that’. ‘What I’m concerned about is policy on the run….we have a SRP (Strategic Resource Plan) ….we have a budget….we have so many projects that we all want as councillors…toilets is certainly one of them and childcare is another….trees,….footpaths….all of us
want to do (these projects)…’we also have a budget…I remind councillors that we are now completing GESAC ….a situation is critical to maintain cash flow….(can’t spend money which will) ‘impact adversely’. Said that council meets in February ‘where we look at our priorities, we look at what we want to achieve in the year’ (budget and SRP are developed from that). ‘there no reason why we should not alter that….I think in this particular case you go to consultation it tells the community straight away ‘we’re going to do this’….I’d rather see a recalculation of our strategy….let’s look globally, holistically and not simply
plug holes….if we approve this motion it simply opens the flood gates….every time we find something to plug….and before you know it we have a dysfunctional budget and a dysfunctional council’…I think that once having a plan you try and stick to that plan’…..’no iron clad, but in this particular case…..
PENHALLURIACK: Agreed with Lipshutz but only first half of what he said. ‘public toilets are important….(not only for mothers and elderly) but for youth….we spend a lot of money of warm season grasses…for sporting fields which are only used (mainly) by the young….but we don’t spend enough money on toilets’ Gave an example of the Hawthorn Rd toilet which is ‘way beyond I think the budget and way behind the timetable….(Agreed that council should be careful with spending money…Said that there had been plenty of discussions on) ‘the systems we have for delegating jobs…’we don’t know why the tenders come in and they’re too expensive….(Foreshadowed his calling for an Officers’ Report on tendering)…’In last Saturdays’ Age you can buy this house (holding up newspaper)…2 storey, double garage, study, 4 bedrooms, and 3 toilets for $250,000….(whilst the toilet at Hawthorn Rd) ‘providing only 3 toilet cubicles that’s for $320,000….an extra $70,000 for a piddly little building…I really do not understand as a business person why this is costing us so much money…..I agree we are tight for funds….borrowing heavily….we can look more carefully in other areas to …how we allocate these jobs.’. Invited residents to look at the Hawthorn rd toilet and compare it with ‘this house – 4 bedrooms’….’we’re not getting value for money’….
TANG: Said that he thought that even Senator xenophon ‘would be happy with that stunt’…..’if public toilets can be made cheaper maybe there’s a business opportunity there …..(Brimbank councillor thought there was; imported toilets and under cut the market)….all State government bodies are paying around the same price…..(Disagreed with both Penhalluriack and Lipshutz in that finding money and spending it only when it becomes available)….’what I don’t hear is if we did get more money which public toilet would we spend it on?….(neither pays any regard to what he) ‘thinks was a unanimous (decision) on the Public Toilet Strategy in 2010…..(Spoke about the ‘filthy’ public toilet at Murrumbeena Railway Station)…’you’ve got to wonder if we had more money for public toilets where would we spend it?’….’If you’re wanting to go back to those priorities go back to the whole priorities….(foreshadowed a motion which would have consultation and look at priorities…’If it’s a representation made by the public council should consider it…(Said he’d been approached about McKinnon Reserve playground toilet)….I’d like to see us consider that location for priority listing….
PILLING: Would like to support Magee’s motion because ‘there certainly is a great need….East Bentleigh is the poor cousin….(his issue isn’t with money or process since) ‘there is a case to review the whole (strategy)….(Would be in favour of funding this toilet) ‘but more at the end of the process when we’ve examined all our strategies….I’d certainly be keen to re-examine the riorities….but we have to go through (process)….I certainly would like to be supporting a review….
HYAMS: Spoke about toilet at 670 Centre Rd which seemed to have been ignored….’not flush with funds’…(so if there’s a possibility of the developer paying for the toilet wait) ‘and see how that develops….I’d prefer at the moment to have an overall look at it (strategy)…..
ESAKOFF: Doesn’t support Magee’s motion. ‘ not for lack of motive….I support public toilets….(need to be provided) ‘in the usual way, not on the run as this one is….I would like to see us review the public toilet strategy….look at various options before we go to consultation….that needs discussion from our group first….financial report (on page 32 says) ‘definite need for caution and cash flow for remainder of this term….something that has not been budgeted for, not provided in the SRP…we need to go through this process in the correct and usual manner…..I would like to do this in the proper way and I would probably support the alternate motion (of Tang).
MAGEE: ‘strategies and policies….are just strategies and policies….The councillor group have lost the ability to listen to the community….if we are so stuck on a strategy that is now 2 years old, that didn’t properly in my opinion identify the need….this is about councillors doing their job. This is about listening to a community who have needs….this is an identified need and an approach from the community…this is me acting on behalf of that information….there’s no law that says Glen Eira Council must stick to (the strategy)….we have a very ageing community around East Bentleigh…..(can’t tell them that htye have to walk 250 metres when they need to go to the toilet).. ratepayers of Glen Eira deserve when they ask a councillor to advocate on their behalf….(talked about the laneway and how this could cover costs) ….I think the councillor body are now more intent on sticking to policies, strategies and formulaes rather than listening to the community….It’s not a council I (want?) to be part of’.
MOTION PUT: and Lost
TANG: Put alternate motion about conducting a review of toilet strategy BUT those residents who have made ‘representations’ since 10th August 2010 ‘should be invited to make submissions as part of that review’. Seconded Lipshutz. ‘Disappointed in the way Cr. Magee argued….very easy to say you stand here and represent your community and the rest of your colleagues don’t….(went over last ‘consultation process) ‘and council had to listen to its community…if councillors ignored them, find, probably got our strategy wrong….if council disregarded the advice it got on that strategy it probably got its strategy wrong….(and if we don’t review then again not doing things properly)…’It’s inappropriate to stand up here and say I received representations ….if you don’t listen to what I’m saying you’re not listening to the community…(need to have) ‘whole of community heard (and not just those that speak to one councillor). (Didn’t support relying on private developer)….(his motion would fit in with consultation) ‘that is to the whole council and not just one councillor because we happen to be doing our shopping down in East Bentleigh….some councillors shop in East Bentleigh, some councillors shop in Elsternwick, some councillors shop in glen Huntly….it shouldn’t be about catching them on a Saturday morning……
LIPSHUTZ: ‘I’ve said it before and I’ll say it again. I’m a councillor from Camden Ward but …..I’m a councillor for Glen Eira….and when I look at issues I look at what’s going to benefit all of Glen Eira, not just necessary my ward….(praised Magee for standing up for his ward residents but what is needed is )’a holistic approach….let’s do away with strategies, let’s do away with plans. If you do that ….let’s not have a community plan, let’s not have (February)…let’s willy nilly chose our pet projects …..It’s unfortunate that he (Magee) says that…I think all of us have to look at what’s best for the citizens of Glen Eira as a whole…(Claimed that more money is spent in Magee’s ward than any other one. That’s okay if) ‘that’s where the need arises….there has to be a holistic approach…you have to have a look at the needs of all the city of Glen Eira….’Let’s look at it holistically…let’s see what the community wants overall….and then decide where our priorities lie…(stated that each councillor wants to do so many things)….’but if we all do this…..as a team we actually achieve a hell of a lot….
HYAMS: Disagreed with Magee. ‘what we do when we put these strategies together is we consult with the community (they have input)…’we’re actually disenfranchising all the people who contributed to the strategy’ (if follow Magee’s example of individual representation)…’so in effect the way we do it is the most democratic way’…..’we do it systematically. We give everyone the same opportunity….once we’ve done that then we come to a solution….we are struggling for funds….sum of about 2.5 million dollars was ripped out of the budget over five years….we have to live with that decision….
PILLING: Positives will be that ‘we certainly do need to review’….(toilet strategy is) proceeding at glacial pace and that is part of the problem…perhaps we can increase the rate….but then also adjust some other areas….
MAGEE: ‘We obviously do need a review’ (so will support Tang’s motion)….I’m saying (residents) come to me and ask me and I’ll listen. I can’t speak for you. Only you know that.
ESAKOFF: ‘We are councillors who are meant to be working in the best interests of the people….not our given ward….and that’s why we have these plans in place and our strategies….and our prioritising of various things….to change those priorities around means changing other priorities….if something comes in something must go out,. Unless it’s been budgeted for and it’s in the SRP…we make those very difficult decisions (prior to budget setting) … because there are an enormous number of demands….What we have in place now is what was considered the right order, the right priority….that may well change….
TANG: ‘I don’t think ward arguments are particularly relevant here….(issue is where toilets are going to go, especially when only a couple a year are erected)….(Said that he wouldn’t like to get up and suggest to council that they change their priorities because he had been approached by one resident in his ward) ‘Representing the community would be to take on board that gentleman’s concerns and to bring them to council’s attention….I think we can accommodate what all councillors have been trying to achieve….in this review….No something we usually do (ie 2 year review) ……’so a review after two years is I think a pretty good outcome….
MOTION PUT – CARRIED UNANIMOUSLY.
November 3, 2011
At Wednesday night’s Council Meeting, Penhalluriack attempted to deliver a ‘Right of Reply’. He was gagged repeatedly through his statements by Hyams and co. who numerous times leapt up to protest the relevance of what Penhalluriack was saying. We’ve since received an email from Cr. Penhalluriack which contains much of the statement he attempted to make. We publish this in the public interest.
At stake here is the ability of councillors to express a viewpoint, albeit unpopular, without hindrance, without procedural rules that are used to effectively silence individuals regardless of the merits of their position, and the deliberate and obstructionist manner in which these rules are interpreted and applied. In a council where there is no Notice of Motion, and all proposed motions, amendments, rights of reply, councillor questions and requests for reports are to be announced with 24 hours notice, then it is extremely easy to undermine and even sabotage efforts to get something into the public arena. Such practices do nothing to enhance the public’s perception of a truly democratic organisation and its governance practices.
Here is Penhalluriack’s statement:
“Council Meeting, 2nd November 2011.
Councillor Frank Penhalluriack.
Councillor Right of Reply.
Glen Eira Debates has an anonymous contribution posted earlier today that says that I am a bully, but goes on to point out that I am also shut out of the debate concerning council’s CEO. There is clearly a lot of confusion within the community, and there is a large amount of material which has been declared “confidential” and therefore can’t be included in this reply. However I do make the following points in my own defence.
The mulch storage facility has been in the news consistently. The Age, the Leader, the Bayside Melbourne Weekly and the local blog, Glen Eira Debates, have repeatedly featured stories and comments about this facility. I want to once and for all set the record straight and present the facts:
In order to counter the continual and misleading media coverage of these events, I have applied under FOI and common law for documents relating to this entire episode. This is what has happened:
At that point the Mayor declared that what I was saying was not relevant and refused me permission to continue.
Frank.
Glen Eira Debates 