Councillor Performance

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November 22, 2011

Council Meeting: Plummeting to New Depths of Censorship

Posted by gleneira under Councillor Performance, GE Council Meeting(s), GE Governance
[4] Comments 

Tonight’s council meeting witnessed Lipshutz, Hyams and Esakoff plummet to new depths of political bastardry – ably assisted by Paul Burke.

PETITION #1:

Burke announced that there was one petition from ’79 signatories’  relating to the concerns of business and residents about GESAC and parking. We note that this petition was read out quite clearly and at normal speed. Moved to accept by Hyams and seconded by Tang. Pilling spoke about the “hasty’ implementation of the extended car park and that now there was the need to work towards some resolution of the issues ‘raised by residents’. Magee stated that he’d met with residents of Gardiner’s Rd. Claimed that there were ‘certainly some issues of misinformation’ going around ….’cutting out nature strips, parking all day’…’light shining into houses’….’number of cars that are likely to be in the car park’…’we talked about crossovers between one park and the other’….’there is still a lot of confusion….we are in the process of putting together a document….that covers and explains’ (all these issues)….

HYAMS: part of the problem expressed in that petition is that the residents of Gardiner’s Rd. will be parked out ….(on the other hand not enough car parking for GESAC….need to) ‘strike a balance’….

MOTION CARRIED UNANIMOUSLY

PETITION #2

BURKE: Read out the second petition incredibly quickly BUT NEGLECTED TO MENTION THE NUMBER OF SIGNATURES (523) AND FURTHER STATED: ‘we have been unable to ascertain’ (the validity) ‘of the signatures Madam Mayor’. Pilling moved to accept, Forge seconded.

PILLING: ‘quite a sensitive issue….ceo has been reappointed….even though people may have different opinions…..(should be) acknowledged by the council….(Council should be) …..actually big enough to take criticisms….and also constructive criticisms….’

FORGE: ‘Nothing to add’

HYAMS:’I just want to say that ….assumptions inherent in the wording of that petition (which people signed) which isn’t necessarily true’

PILLING: reiterated that the ceo’s contract has been renewed.

Esakoff put the motion. In favour – Magee, Pilling, Forge, Tang

AGAINST: Lipshutz, Hyams, Esakoff

MOTION CARRIED

COMMENTS: We find it astounding that any councillor could vote against the tabling and acceptance of a petition. Residents have every right to express a view and to call upon council to listen to those views – whether they be popular or unpopular. In their attempt to deny residents this right we maintain that Lipshutz, Hyams and Esakoff have clearly voted against the most basic and fundamental rights of residents and revealed to all their total disrespect to the 523 residents who signed the petition. Shame on them all!

Both Lobo and Penhalluriack were apologies for this meeting. We will report on the rest of the circus in the coming days.

 

November 21, 2011

Here Comes The Spin!

Posted by gleneira under Councillor Performance, GE Governance, GE Service Performance
[17] Comments 

Council’s Media Release:

Monday 21 November 2011

Glen Eira CEO contract extended

At the meeting of the CEO Contractual Arrangements Special Committee held on 17 November 2011, Council resolved to extend the employment contract of Andrew Newton as its Chief Executive Officer for a further two years until April 2014.

Glen Eira Mayor Cr Margaret Esakoff said Councillors are confident in Mr Newton’s abilities to manage an organisation with $1 billion of assets, a $100 million budget and almost 1000 staff.

“He has demonstrated excellent financial, people and workplace management and is a sector leader in the management of risk,” Cr Esakoff said.

Cr Esakoff said that Councillors had given the matter full and careful consideration and were confident that they and the community had the best person for the role.

“He is among the most experienced and respected CEOs in Local Government and is widely regarded in the sector as one of Victoria’s leading Council CEO’s. He has a demonstrated passion for, and commitment to, the Glen Eira community,” Cr Esakoff said.

Before commencing as Glen Eira City Council CEO in 2000, Mr Newton worked as an executive for the Commonwealth and Victorian Governments under both coalition and Labor Governments. The first minister he served was Malcolm Fraser, and the most recent was Rob Knowles in the mid-90s.

Mr Newton holds a Bachelor of Arts with Honours from Monash University and an MBA from Melbourne University where he came first in his year. He is also a Fellow of the Australian Institute of Company Directors.

AND THE BAYSIDE MELBOURNE WEEKLY VERSION

Glen Eira CEO reappointed

21 Nov, 2011 04:52 PM
Glen Eira City Council has reappointed chief executive Andrew Newton to his role despite community activists calling for a fresh round of hiring.On November 17 the council’s contractual arrangements special committee resolved to extend Mr Newton’s contract until April 2014. The meeting was held behind closed doors and the outcome was announced on Monday.Glen Eira Spokesman Paul Burke said as the vote was conducted in secret he could not release results of who voted for or against reappointing Mr Newton.Mayor Margaret Esakoff praised Mr Newton as ‘‘the best person for the role’’.

Mr Newton has been in the role since 2000

COMMENTS: If the vote had been unanimous then Burke would have declared the decision as such. It clearly was not unanimous and thus underlines the (ongoing) divisions that are present in this council. We believe that residents have the right to know how each councillor voted and no council resolution should prevent any councillor from declaring his position.

We would also like to take this opportunity to thank all those residents who in good faith signed the petition requesting that councillors advertise the position prior to making their decision. This is just another example in a long list of examples of how the community’s wishes are consistently ignored.

Last but not least, we thought that a comparison with the April 8th 2010 Media Release on the reappointment of Newton might be entertaining and informative. Surely a smidgeon of originality would not have gone astray at this point – after all the ghostwriter does earn at least $230,000 per annum! What this says about the respective mayors of the time we also leave for readers to judge. Compare the following extracts from 2010 to the current Media Release –

“Councillors are confident in Mr Newton’s abilities to manage an organisation with $1 billion of assets, a $100 million budget and almost 1000 staff. He has demonstrated excellent financial, people and workplace management and is a sector leader in the management of risk.”

“He is among the most experienced and respected CEOs in local government and has a demonstrated passion for, and commitment to, the Glen Eira community.”

Mr Newton holds a Bachelor of Arts with Honours from Monash University and an MBA from Melbourne University where he came first in his year. He is also a Fellow of the Australian Institute of Company Directors.

 

November 21, 2011

NEWS FLASH: Where There’s Smoke, There’s Fire!

Posted by gleneira under Councillor Performance, GE Governance
1 Comment 

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

Melbourne Bayside Weekly Stories

Posted by gleneira under Councillor Performance, GE Governance
[10] Comments 

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

Newton, The ‘Gang’ & Lobo

Posted by gleneira under Councillor Performance, GE Governance
[12] Comments 

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

GESAC & More Spin

Posted by gleneira under Councillor Performance, GE Governance, GE Service Performance
[12] Comments 

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:

  • GESAC will not open in December
  • Council is facing a ‘liquidated damages’ suit of $1m – at this point in time. Residents should therefore prepare themselves for potentially more legal costs in the attempt to recoup these monies
  • Even after the builder has finished, there is still a period which includes ‘commissioning’ – ie outfitting. We suggest that this means that the opening will likely be in February at the earliest.

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:

  • What is the TOTAL COST of GESAC? All along we’ve been handed the line that the cost is roughly $41m. Now there is the admission that this is only the CONSTRUCTION costs. Add in, interest,  outfitting, staff, higher purchase agreements, running costs per year and we’re undoubtedly looking at a venture that is well and truly above $50m.
  • If these LDs were becoming apparent as early as May, then why has the public continually been fed the spin that everything is on time and under budget?
  • Several assumptions are made in the above statement: (1) that council will successfully recoup its LD payments; (2) that potential legal costs will be paid by the builder and there won’t be a protracted court battle adding further to overall costs.

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 Continuing Mire of GESAC

Posted by gleneira under Councillor Performance, GE Governance, GE Service Performance
[7] Comments 

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

A Little History Lesson

Posted by gleneira under Councillor Performance, GE Governance
[19] Comments 

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

Where Has The Old Cr. Lobo Gone?

Posted by gleneira under Councillor Performance, GE Governance
[26] Comments 

Oscar Lobo came into council all guns blazing. We’ve reported on:

  • his demand for cost benefit analysis;
  • his support of decent answers to public questions;
  • his attempt to get a ‘request for a report’ on ‘unauthorised sporting groups’;
  • his battle cry of ‘4 plus 1’ indicating, we presume, his displeasure at the ruling clique of second and third term councillors.

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:

  • Is there anything in this alleged tape recording which is now being used to advantage by certain individuals?
  • Can any of these events help explain the public perception that Cr. Lobo is now tied by a umbilical cord to Lipshutz?
  • Has Lipshutz played any role here? What of Tang?

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

GESAC: Is There A Major Problem?

Posted by gleneira under Councillor Performance, GE Governance, GE Service Performance
[15] Comments 

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”.

 

 

 

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