Councillor Performance


At the last council meeting, a public question was directed to Paul Burke ‘and Councillors if he cannot answer it’. Tang’s response was:

The Mayor read Council’s response. He said: “Public Questions are to Council. Clause 232 (2) (b) of the Local Law allows an individual Councillor to respond to a Public Question if the Chairperson redirects the question to them. There is no such provision that allows a Public Question to be redirected to an individual Officer other than if an appropriate Officer is called upon by the Chairperson to respond to a Public Question to Council.

Additionally, I remind you that Clause 232 (1) (b) of the Local Law requires questions to be less than 150 words. However, despite your question exceeding 150 words Council can advise that Council has nothing to add to the responses previously provided to you.”

The actual Clause 232 (1) (b) states:

The Chairperson may decide to either:

(i) personally answer the question; or

(ii) refer the question to the appropriate Councillor; or

(iii) refer the question to the appropriate officer; or

(iv) advise that the question is taken on notice and that a written response will be sent. 

Tang does have the power to ensure that Burke answers the questions. Various officers have responded to public questions in the past. Tang’s gagging of Burke is deliberate, given that the question could be viewed as embarrassing given Burke’s previous cited remarks ON BEHALF OF COUNCIL.  The only obvious conclusion we can draw is that once again Tang has performed the bidding of his masters! The victim remains accountable government.

The minutes of December 14, 2010 record the following statement at the conclusion to Public Questions. 

Cr Penhalluriack said; “I’m unhappy with all of the answers to Mr Varvodic with the exception of the one relating to Cr Esakoff. I don’t know what to do about it but I think that they are unnecessarily aggressive and I am just not happy about it”. 

THE HISTORY 

August 14th, 2007 (in regard to Friends of Caulfield Park) 

The advertisement and flyer are not only misleading and deceptive but they are out and out intellectually dishonest……I also want to take issue with the comment; ‘Have Councillors been misled yet again’. If this is not a below the belt attack on the very hard working Officers of this Council, I don’t know what it is. That question has about as much credibility as asking; when did you last beat your wife. …We are however not prepared to be dictated to by self interest groups especially when those groups adopt cynical and dishonest tactics to deceive the public the very same public that we were elected to represent. 

September 22nd, 2009 (in response to Mary Walsh) 

“The very manner in which this question is asked is akin to asking when did you last beat your wife? The question could have been framed in a non-confrontational manner such as; Do you object to residents asking public questions?….Where however it is the same people Council meeting after Council meeting asking the same type of question and in the same tone as this one, then frankly their credibility must be diminished. I would recommend that you read Dale Carnegie’s book How to win friends and influence people….You have taken it upon yourself to constantly snipe at whatever decision Council makes as if you are always right and Council always wrong. More so the very tone of these questions and most if not all of your questions are belligerent and self serving….That question besides being not only convoluted and turgid was based on ignorance of accounting and process and as with this question had an in built bias that Council had got it wrong. Clearly, if you did not understand accounting concepts or process then you are entitled to query however your question did not in any way suggest lack of understanding, rather it was predicated on the very arrogant basis that you were right and Council was clearly wrong. Had you been less interested in finding fodder for your blog by demonstrating your credentials as an interrogator and that Council had got it so wrong and more interested in genuinely obtaining an understanding of the matters the subject of your question then your question would have been framed in a non belligerent and dispassionate manner without gratuitous comments….The very tone of your question was not only arrogant and puffed up with self importance but was I believe, and I stand to be corrected, posted on your blog…I do not however have regard for any group that is not representative and which lies, distorts the truth and has no regard or indeed respect that the people have spoken by electing Councillors to office despite the strongly held views of those groups to the contrary…I and my fellow Councillors were elected by the people in a fair and contested election. It is we who represent the residents and not the community groups to which you refer. 

December 14th, 2010 (in response to Nick Varvodic) 

“you have embarked on a ridiculous and ultimately a narcissistic campaign to discredit Council and specific Councillors for what I perceive is for no better reason than you enjoy having your name read out at Council meetings. Mr Varvodic, by your actions you have lost all credibility and your incessant questions are frankly no more than a joke.…. The second assumption is that one of my sons is a regular player of Frisbee and is a member of as you call it “the Frisbee group” There is no basis for you making that assumption. Once again as an exercise in intellectual dishonesty you make a leap in logic in assuming that as my son has played Frisbee in the park and that his name is on a facebook page that he is a regular and habitual member of this so called “Frisbee group” as you call it. I can only assume that you have been living under a rock and are unaware of Generation Y’s social networking. Facebook is a regular and usual system of social networking but the mere presence of a name on that site does not translate to my son or indeed any other person being a member of a group... I can only suggest that if you are serious about the issue of Local Law 326 and clearly by your questions you are not, or indeed if you are concerned about any other issue affecting residents and ratepayers of the City of Glen Eira, of which you are not one, you first purchase a copy of Dale Carnergie’s book, How to win friends and influence people. You have to date not won any friends and you certainly have not influenced anyone.Mr Varvodic, as long as questions are being asked, May I also enquire as to when you last bashed your wife? That question has as much intellectual honesty as your questions to date in that there are inbuilt assumptions which are patently false... You seem to think that by repeatedly making unfounded and wild accusations those assertion become true. You appear to be a follower of the Josef Goebbels school who said if you tell a lie big enough and keep repeating it, people will eventually come to believe it’.

 

Several posts ago we brought up the issue of the ‘exchange of land’ involving the Coatesville Tennis Club. We cited what Magee had said in council meeting – namely that the intention was merely to develop the area to accommodate disabled players PLUS: “to put in some new courts which council has already agreed to help them…and also by giving over the land adjacent to the tennis courts, council land,…increase the footprint of the tennis courts ..and in return council will pick up the two tennis courts now in Mackie reserve. …. the club has been informed this week that the state government will be looking very favourably on matching council’s contribution …so I recommend this as a first step to our colleagues…..”

We also questioned when, how, and by whom the decision for the above had taken place. Nothing has occurred in an open council meeting! Nothing has been voted on as far as we can tell in an open council meeting! Nothing has been itemised for ‘in camera’ discussions –  as far as we can tell.

What we do know however, is that on September 1st, 2009 the following Request for a Report was made –

Crs Magee/Hyams

That a report be prepared on the feasibility of relocating the two tennis courts on Mackie Reserve in East Bentleigh to 31 Orange Street in East Bentleigh. 

The MOTION was put and CARRIED unanimously.

NO SUCH REPORT HAS BEEN TABLED AT COUNCIL MEETING! It appears that once again decisions are far from transparent and public. That requests for a report are meaningless exercises since they are never tabled, and perhaps never see the light of day. We again offer our pages to Jim Magee and/or Jamie Hyams, in order to explain what appear to be extraordinary circumstances that leave us befuddled, bemused, and suspicious!!!!!

Because nothing is out in the open, we are left to merely conjecture, to try and piece one and two together. Our conclusions are depressingly always the same: decisions keep being made behind closed doors against the spirit of Section 3C of the Local Government Act which, we remind readers, was the favourite lament of the Muncipal Inspector!

The following public question was directed to Lipshutz. It relates to the Frisbee Affair, which we have previously reported upon. To refresh readers’ memories the issues revolve around:

  • An ‘unauthorised sporting group’ regularly playing Frisbee without a permit
  • Lipshutz’s son is/was one of the Frisbee players
  • This Frisbee group has never been fined in contrast to a social soccer group and one of its members
  • The soccer group has repeatedly asked public questions as to why there does not appear to be equal treatment for all and concludes that this is because of both Tang and Lipshutz’s ‘relationships’ with the Frisbee group

The question asked Lipshutz whether he had written the following, obtained under FOI  –

My son has reported that he and his friends were approached by a Council officer on Friday and warned off playing Frisbee in Caulfield Park (the Lacrosse oval). I am advised that there is a regular Friday afternoon Frisbee game which is not organised and basically anyone can turn up. I consider it a bit rich to prevent a bunch of kids playing Frisbee. My son says that they play on that oval as all the other ovals are being used for cricket. Could you please look into this for me. Were the matter to be reported in The Leader I think we would look a little ridiculous.” (our emphases) 

The answer was ‘yes’!!!!!!!

Readers may also find it interesting that the Local Government Act, 1989 specifically states under Section 76E –

 “A councillor must not improperly direct, or improperly influence, or seek to improperly direct or improperly influence, a member of Council Staff in the exercise of any power or in the performance of any duty or function by the member.”

 

It seems that at last night’s Council meeting, Jim Magee may have inadvertently let the cat out of the bag, and thereby provided the community with solid evidence that decisions are not made in open council, but behind the closed doors of Assembly of councillors, briefing meetings, or perhaps even little tete a tetes between certain councillors and administrators. We have also learnt that Jim Magee almost religiously spends two hours each morning sitting in directors’ offices and having what we presume is a ‘pow-wow’. Nothing wrong with this, of course, but it all depends on what is being discussed.

Last night when moving the motion on the Coatesville tennis club ‘renovations’ Magee informed council that the tennis club was merely making some additions such as ‘renovation to their toilets’ since they had been trying to get a program for disabled players up and running and that this was the first stage to accommodate that. Magee then went on to state that the club also intends

“to put in some new courts which council has already agreed to help them…and also by giving over the land adjacent to the tennis courts, council land,…increase the footprint of the tennis courts ..and in return council will pick up the two tennis courts now in Mackie reserve. …. the club has been informed this week that the state government will be looking very favourably on matching council’s contribution …so I recommend this as a first step to our colleagues…..”

Readers should note the following:

  1. Officers’ reports on this Agenda Item contain no mention of this ‘land swap’; nor do they contain information about the ‘enlarged footprint’.
  2. In camera items for the past year contain no reference to this ‘land swap; – hence if it was discussed as an in camera item, then Magee is breaking this confidentiality it seems. If discussed as part of an Assembly of Councillors, then why is Magee speaking as if a DECISION has already been made? Assembly of councillors are expressly forbidden to make decisions that should come before Council.
  3. The Local Govt Act requires that all sale OR EXCHANGE OF LAND be announced via public notice and that Section 223 apply.
  4. The 2010/11 budget contain no mention of any ‘council contribution’ or notation that ‘council has already agreed to help them’ financially.
  5. So, where, when and by whom was this decision to EXCHANGE LAND made? Where, when and by whom was the decision made TO HELP the club?

Please note we are not arguing the validity or otherwise of this tennis club’s case. What we are questioning again and again are the fundamental issues of GOVERNANCE, CORRECT PROCESS AND TRANSPARENCY. We welcome Jim Magee’s response to these questions!

Tonight’s council meeting was unique in that the following occurred:

  • A motion of dissent was moved by Cr. Penhalluriack against acting chair Esakoff
  • Esakoff, with the ‘guidance’ of both Newton and Burke ‘gagged’ this motion instead of allowing it to go to a vote according to accepted, democratic principles of meeting procedures
  • The ‘gang of four’ (Lipshutz, Hyams, (Tang) and Esakoff) basically abandoned council’s obligation to the community to ‘fight’ the MRC and the c60 amendment
  • Cr. Lobo responded individually to public questions asking each councillor to outline what they believed they had contributed to the community during their stint as councillor – in opposition to the stock, all encompassing mumbo jumbo of ‘council speak’
  • Cr. Lobo attempted under ‘right of reply’ to question the process of mayoral elections. He was ruled out of order

A full coverage of these events will be online tomorrow.

Front Page – Whitehorse Leader – October 27th, 2010

City fails its people

Residents want independent audit

WHITEHORSE ratepayers have slammed the council over a lack of transparency, excessive rates and wasteful programs. At a heated public meeting last week residents demanded an independent audit into council conduct for ‘‘failing the community’’. The three-hour forum saw residents pack into Manchester Unity Hall in Blackburn.

Among issues raised were inappropriate developments, executive salaries, protection of open space and community consultation. All 10 councillors were invited to to present the council’s case but none attended. Whitehorse Ratepayers and Residents Association president Bill Bennett blasted the council’s performance.

‘‘A lot of people here feel they don’t have a voice and that’s a real shame in this so-called democracy,’’ he said.

‘‘The council is a stumbling block and they are not wanting to hear what the community has to say.’’

Mr Bennett attacked the rate rise of a set 6 per cent over five years as residents struggle with the soaring cost of living.

‘‘We looked long and hard as to why this rate increase was justified and we haven’t been able to find any reasons,’’ he said.

Blackburn resident Roy Lloyd said an independent review of CEO Noelene Duff’s performance and council’s management was crucial to restoring ratepayer trust. ‘‘It requires a total change in attitude – unless something like this happens we will just be hitting our heads against a brick wall,’’ he said.

Whitehorse Mayor Bill Pemberton said the association claims were unfounded.

‘‘We spend a lot of time providing detailed responses, which means officers are taken away from other roles,’’ he said. ‘‘We work very hard to make things available as required under law for us to be transparent when it comes to costings and accountings.’’

Cr Pemberton said Whitehorse had less general managers on high salaries than most of the neighbouring councils. He said the past two budgets had been the best deal struck for residents. ‘‘We try to engage the community as best as possible.’’

A comment received by Streuth –

Streuth, this site brings to light facts that should have been known to us, the voters, before the Council election. Let’s talk about Cr Michael Lipshutz. In his election material he promised nothing beyond saying how good he is and in how many different organisations he has been involved in and lead. He did not mention that in many instances, when he reached the leadership role there was a ‘revolt’ and he was replaced soon after or he resigned. Examples abound: President Bnai Brith Anti-Defamation Council, President JCCV, and the latest one now President LionFM.
We have to ask, why a person with an excellent background, education, so much knowledge, and practical experience, is perhaps being booted out from so many different community organisations? After all, Michael is a Community Worker most of his life and knows how communities work. A clue to the man is in an interview Cr Lipshutz gave to Jewish News jewishnews.net.au/news/2009/06/22/a-love-of-work-and-community/2102. Here are a couple of quotes:

“…when I was a kid I always said I would become prime minister -– people remind me about that today.”

“I considered a political career, but there wasn’t enough money in it and the future was too uncertain -– not a great option when you are married with kids. I have always enjoyed the law, so that was where I headed.”

Ambition and aspiration are excellent motivators to do things in life and should not be the basis for criticism. And I am not critical of Michael Lipschutz in having ambitions and aspirations for high Public Office or for making more money to better himself and family. However, the way one goes about fulfilling ones own ambitions and aspirations do matter in all public life as it affects other people’s lives and relationships. It is the how of doing things that brings into focus the ‘spat’ between Bram Presser and Michael. Here are a couple of quotes from Jewish News on Lion FM:
“…from the very beginning it was apparent that the station – supposedly an asset for us all – was being run in a somewhat questionable manner by people with no radio experience and a political agenda to push.”
“It was drafted as if everything to do with Lion FM was top secret – as if the executive were running ASIO or the CIA rather than a simple, inclusive community radio station.”

Now a similar thing happened at the Council, when Michael was first elected in 2005. He got 6 Councillors together at his home and essentially they seemed to form a voting clique to ensure that there is always a majority and collusion on issues of interest to that group. How would you feel being left out as Cr Robilliard, Cr Spaulding, and Cr Staikos were? Not only that, this kind of collusion is also a vote of no confidence in the CEO. As it happened ALL of them are liberal party supporters. Result is that no Councillor outside that clique has ever been elected to be a Mayor. Hey, the electoral democracy has gone out the Council chambers by that totally undemocratic act soon after the election. Stuff that, I cannot see ANY benefit in that for the community.

The other problematic example is the “No surprises Policy”, which seems to include the debate in the chamber. In fact there is no free wheeling conversation, discussion, polemic or debate of any kind in the Chamber. And the great Cr Lipschutz acts as though the Council Chamber is ‘his eminence Court’. He argues as though he is the judge e.g. On the one hand it is this … On the other hand it is that … On balance of probabilities I decide that it is whatever … Michael, this is not the way it should work. This is WRONG, WRONG, WRONG.

Council Chamber, when considering items for quasi judicial decisions must engage each Councillor to present his/her independent view on an issue at hand with an open mind and NO pre-apprehension or prior collusion. It MUST NOT be manipulated behind closed doors to have a pre-judged outcome. The outcome must be determined by a vote that looks and feels like it’s coming from independently minded members of the Council. After all, that is the essence of the ‘Winky Pop’ case. Michael if you want a good judicial example of how it should work, then look at the way Full Bench decisions of the Supreme Court or High Court are made. Each judge considers in depth and argues their position of the issue at hand and then votes. And just to make it absolutely clear why it is done that way – in Latin argure means to clarify! Council Chamber is NOT a single judge Court like a magistrate Court for you to show your brilliance, or fulfil your ambitions to be in charge (e.g. prime minister). By doing what you are doing, you are destroying the environment for clarification of complex issues for the public to understand. That is ROTTEN, ROTTEN, ROTTEN.

Councillors must come to the Council Chamber with carefully considered factors brought to their attention and researched by each Councillor independently. And then at the Council meeting each one is to argue strongly for his/her view and convince others of the validity, value and importance to benefit the community at large. Clearly, if decisions are to be made to benefit the community at large their views, whatever they are, must be sought and considered. And here your disdain for community views, and lack of sympathy or understanding of, in particular activists’ views, is totally unacceptable and reprehensible. Here are just a couple of quotes:

“The Friends of Caulfield Park commenced by agreeing that the Pavillion was required but then the Council heard a litany of nitpicking negativity. No proposal was submitted and there has been plenty of time for them because the brief was a public document.” (see http://www.caulfieldpark.com/index.html for the extensive work and input by FoCP)

“I would however remind you that I and my fellow Councillors were elected by the people in a fair and contested election. It is we who represent the residents and not the community groups to which you refer.” (Mary Walsh question cited FOCP, DOGE, GERA).

Michael, the worst part of this type of attitude and arguments is that you are abrogating the fundamental role of a Councillor to represent and advocate on behalf of your constituency: residents, traders, workers, professionals, etc. Instead you contrast the views of your constituents with the views expressed by Council Officers in their documents and papers. Again, you misunderstand the purpose of such documents. The Officers papers should be regarded as a Primer document for consideration of a particular issue or problem. It is definitely NOT a sacrosanct document that must be adopted. It needs to be analysed, dissected, and together with submissions from community members the issue(s) ought to be considered properly within the context of the issue at hand as well as understand the context of each submitter. For example the Officers submission usually is biased towards their perspective and understanding of the Corporate ethos, which may be totally at variance with the wishes and ethos of the community members! Each community submission may indicate the ‘tip of the iceberg’ of problems the Council may have. Instead you think that people make a “mountain out of a molehill” and you ignore them. You do not communicate with them, or represent them or advocate for them.

You are also forgetting that most of those that decide to write in are probably professionals in their own right and do a great service to the Council by responding and providing an input. If you would bother to value (in money terms) the input the Council receives by community members, just as you do it in your own professional capacity then you may have had some appreciation of the value of the work, effort, time and in many instances money involved in making a contribution to Council deliberation. Each submission is probably worth thousands of dollars. And what do you do Michael? You ignore them. You do not communicate with them. You are showing yourself as an arrogant, rude, with a ‘born to rule’ mentality. SHAME, SHAME, SHAME on you.

As I read what I have just written I begin to understand “why a person with an excellent background, education, so much knowledge, and practical experience, is being booted out from so many different community organisations?” I think Curious is correct in saying that you are clearly not cut out to be a Politician or be a Community Leader in any way, shape, or form. The best thing you can do is to RESIGN, RESIGN, RESIGN or CHANGE, CHANGE, CHANGE right now. Otherwise, you will suffer the indignity, ignominy and wrath of the community at the next election if you try to be re-elected.

PS. You have been a ‘mentor’ to Steven Tang for a long time. And he has followed in your footsteps. I think your mentoring has ethically disfigured this young man. The Frisbee case is another case of clearly young people having the support of an influential senior person that feels wrong on ethical grounds even if it is legally correct. It encourages flouting of the law. Surely, you do not subscribe to that? Please do it right for yourself, your family, your friends and the community.

It seems that our man capable of making ’hard decisions’, Cr. Lipshutz, has recently made another such ‘hard decision’ in a long career of resignation after resignation. Reading between the lines there are two possible scenarios – either he was pushed, or he spat the dummy a la Whiteside. Either way, it seems that Michael is having trouble holding on to senior executive positions in a number of organisations – oh, and let’s not forget his decision not to stand for pre-selection when beaten by David Southwick!

Why, oh why, we ask ourselves is this poor bloke having such an apparently rotten time these past few years? What is it about these organisations that makes him ‘resign’ – or could the fault possibly lie with our illustrious councillor? We don’t know! We’re only following the dots and a track record that includes:

  • Two attempts (one successful) to gag councillors via the addition of a ‘no surprises’ clause to the local law
  • Disdain for ‘community activists’ (read here anyone who disagrees with him)
  • ‘We know best’ attitude

These traits may be pivotal in Lipshutz’s sudden resignation from the new radio station. Our question however, is how well such traits serve the people of Glen Eira? Maybe it’s time for another resignation Michael?

The article (22nd October, 2010) from the Jewish News follows. Does anyone find any resemblance to the state of play at Glen Eira Council?

“MELBOURNE’S Jewish radio station has a new leader of the pack. Following the resignation of Michael Lipshutz earlier this month, John Kraus has taken over the role as president of Lion FM.

The Mizrachi member faces the tough task of steering the station back on track after a troubled few weeks.

Lipshutz’s resignation came amid accusations that the board was censoring views that did not reflect board members’ opinions on Israel, and that the volunteers’ agreement that presenters were forced to sign impinged on their right to free speech.

There were also accusations these practices were in breach of the Australian Communication and Media Authority’s community radio standards, which require stations to promote diversity and encourage community participation.

Kraus, who has held a number of communal roles in recent years, including chairman of Leibler Yavneh College and treasurer of the Jewish Community Council of Victoria, said he hopes to resolve these issues “quickly and efficiently, so the station can move forward”.

“I will be proposing that Lion FM establish an editorial board and a formal process for resolving disputes via a separate disputes committee. The editorial board and the disputes committee will be independent of the executive and contain representatives from across the community,” Kraus said.

Regarding the controversial volunteers’ agreement, Kraus said it would be reviewed and comments and suggestions from the community would be welcome. He added, “My hope is that Lion FM becomes the unofficial voice of the Melbourne Jewish community – a voice that is as diverse as it is rich and a voice of which we can be  proud.”

Lion FM presenter Bram Presser, who had refused to sign the agreement claiming it “dictates what the content and political bent of our show should be”, told The AJN he was encouraged by Kraus’ appointment. “We had a very productive conversation and I believe John has the station’s best interests at heart,” Presser said”.

The minutes for council meeting of October 12th are now available. Item 9.7 concerned the Elsternwick childcare. The actual motion read:

Crs Lipshutz/Pilling

In order to ensure the continuity of childcare in Elsternwick and align Elsternwick Children’s Centre with Council’s other long day care centres, Council seek the assistance of State Government to use all means available to enable the land at 269 Kooyong Road, Elsternwick (Lots 3 & 4) to continue to be used as a child care centre as it has for the past 21 years.

The MOTION was put and CARRIED unanimously.

We also request readers to make note of these sentences from the financial report also considered at this council meeting- “The forecast result expected for the financial year is an operating surplus of $8.95M as compared to the original adopted 2010-11 annual budget of $6.97M.

Please note that any surplus from day-to-day operations is used to accelerate capital works projects.”

Capital works obviously does not include childcare centres!

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