From the minutes of 22^nd November under ‘Urgent Business’

STATEMENT ON BEHALF OF COUNCIL BY THE MAYOR 

Cr Esakoff: “On behalf of Council I wish to correct the record in relation to assertions made by Cr Frank Penhalluriack at the Ordinary Council Meeting on 2 November 2011 in his request for a report.  

It was stated by Cr Penhalluriack that Officers had failed to table reports at Council Meetings.  

This statement is not true and on behalf of Council I apologies (sic) to the CEO and Officers for these assertions being made without any supporting evidence.  

It is noted that reports listed were either tabled at Council Meetings or provided to Councillors. It is further noted that there is no requirement unless specified that a report once prepared must go to a Council Meeting as opposed to Councillors or an Assembly of Councillors.” 

We have previously commented that Andrew Newton’s statement  that reports are “submitted promptly – usually to the immediately following Council Meeting” implies that ALL requests for reports are tabled at ordinary COUNCIL MEETINGS – as signified by the use of Upper Case. The Esakoff statement is thus not only incorrect but again totally illogical. She in fact admits that Penhalluriack had made ‘assertions’ that Officers ‘failed to table reports at Council Meetings’ – yet in the final paragraph there is the admission that the reports Penhalluriack referred to were “EITHER TABLED AT COUNCIL MEETINGS OR PROVIDED TO COUNCILLORS”. This in fact CONFIRMS everything that Penhalluriack said.

There are many other points we could quibble with – such as; what does ‘provided’ mean? What ‘evidence’ is required when Penhalluriack is talking about the ABSENCE of tabled reports in full Council Meetings. The ‘evidence’ is to be found in the minutes of all these meetings and the fact that NONE of the reports he read out appear in them.  And surely the onus to provide proof to the contrary rests with Esakoff here and not Penhalluriack?

We can only ask why, with supposedly 8 intelligent people sitting as councillors, and 3 lawyers to boot, how no-one could see the inherent contradictions throughout this statement. It in fact makes a laughing stock of Esakoff and the rest. In their haste to do Newton’s bidding, logic, clear thinking, and respect for governance has been well and truly scuttled. This statement only cements the growing perception among residents of the incompetence of these councillors, the manipulation by officers for their own ends, and the abandonment of all principles of what constitutes good governance. It is utterly shameful and should be condemned by all residents concerned with what is happening to this Council.

The minutes for the November 22^nd Council Meeting have made a very, very speedy appearance on Council’s website. We are however, continually amazed at the lack of logic that is contained in council’s reports and in the motions that are tabled. These minutes exemplify in spades the division and blatant ‘control mechanisms’ that we believe are being instigated by ‘the gang’ and Newton.

The in camera agenda items listed the following: “12.5 under s89(2)(f)” legal advice” which relates to right of reply”. More ratepayers funds are thus being wasted on ‘legal advice’ . Next, the minutes feature the outcome of this discussion item –

“Crs Lipshutz/Tang

In relation to Cr Penhalluriack’s 9 August Right of Reply, Council:

1. Notes that on 9 August 2011 Cr Frank Penhalluriack made a Right of Reply in which he stated in part:

“The article refers to a legal stoush, and claims that residents are saying that Council has sought legal advice concerning allegations that I have bullied our Chief Executive Officer, Mr Andrew Newton. I am embarrassed and demeaned by such an unfounded allegation reaching publication in such a widely circulated newspaper. And I can safely presume that our Chief Executive Officer will also suffer this embarrassment.”

2. Resolves to disassociate itself from the comments made by Cr Penhalluriack referred to in paragraph 1 above.

3. That this resolution be incorporated in to the public record of this meeting.

The MOTION was put and CARRIED unanimously.

 COMMENTS:

• Penhalluriack is expressing a personal reaction to what has been in the public domain. He is entitled to respond to such items. Furthermore, he is stating that he is embarrassed. Since when is it a ‘crime’ and the cause for ‘legal advice’ when someone admits their embarrassment?
• He ‘presumes’ that the CEO is equally embarrassed by such media reports. Again, a logical assumption and not a hanging offence.
• Nowhere in this motion DOES COUNCIL DENY THE TRUTH OF PENHALLURIACK’S STATEMENT.
• Nowhere in this motion does Penhalluriack BULLY, HARRASS, OR VILIFY THE CEO, so what on earth is there for Council to disassociate itself from?
• Why after three months does this only now appear in the public domain?
• What is the motivation behind such an ill thought out resolution except to tarnish and attempt to discredit one councillor?

But it gets even better. The minutes then record the following: Item 12.6(b). We note the following and again question the transparency of what goes on behind the closed doors of in camera meetings and assembly meetings. THERE IS NO ITEM 12.6 (b) LISTED IN THE AGENDA OR IN THE MINUTES – only Item 12.6(a). In other words, the Agenda & Minutes do not reflect in any shape or form what is discussed in secret. If this was a late item – then it should have been included as 12.6(b) in the minutes. Thus discussions go on without the necessary disclosure as required by the Local Government Act. However, we have full confidence that at the next Council Meeting Hyams will leap up with another ‘correction’ to the minutes which will annul this ‘clerical error’ or oversight!

The minutes then go on to report –  

Item 12.6 (b)

2. In the interest of considered decision-making, Council 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.

3. That Council strongly encourages all councillors not to support any motion initiated by any councillor unless the motion has been submitted in writing to councillors prior to the Council meeting except where the motion arises during the course of the meeting or in extraordinary circumstances. 

COMMENTS

• ‘strongly encourages’ is meaningless – legally, morally, ethically. It is nothing but an attempt to gag councillors and circumvent open, spontaneous, and genuine debate within the council chamber. It has no authority of law backing it – that’s why the phrase ‘strongly encourages’ is used. It is not worth the paper it is written on we suggest!
• We also find it obscene in its attempt to direct how councillors should or shouldn’t vote on any matter raised by another councillor.

The extraordinary thing about all this, is that councillors continue to bow their heads, and abdicate their responsibilities to their constituents. When we thought that the low point has been reached in the governance practices of this council, we always seem to find another benchmark which is even lower!

The following announcement has appeared this afternoon on Council’s website – in its usual hiding place, under ‘Public Notices””

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

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.