GE Governance


4th October

  • Submission on Parking Review to State Government – a four page document. Again secret and not tabled in council and not in the public domain

11th October

  • More tampering? – “amendments to Item 12.6 of 20th September 2011 Council Meeting’. This item read: “under s 89 (2) (a) “personnel”, (d) “contractual”, (f) “legal advice” and (h) “may prejudice the Council or any person” which relates to Occupational Health And Safety”.
  • ‘Compliance with the Local Government Act’ – more bullying?

18th October

Absent Forge & Penhalluriack

  • “Four letters from a legal firm representing a councillor’. Now which councillor might be seeking legal advice? Maybe a case of ‘while the cats away the rats will play’?
  • Tang arrives half an hour late
  • Legal advice abounds: “item 6.2 – Rights of Reply, in camera pursuant to s89(2)(f) ‘legal advice’ of the Local Government Act”; “Item 6.3 A council resolution, in camera pursuant to s89(2)(f) ‘legal advice’ of the Local Government Act”; “Item 6.4 Legal advice pursuant to s89(2)(f)’legal advice’ of the Local Government Act”.

Please note the only ‘Rights of Reply’ that have occurred recently are by Penhalluriack. Obviously the powers that be did not take too kindly to what he had to say – hence more ratepayers funds expended on ‘legal advice’.

25th October

  • Fiddling once more? – “Agenda Item 4 – Minutes of the 11 October 2011 Council Meeting Item 10 A (i)”. This was “urgent business’ where ‘nil’ was listed, yet it became the secret ‘revision’ of the CEO Special Committee.

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.

We’ve recently featured posts on the administration’s performance in tabling Requests for Reports. We remind readers that Newton claimed that such requests were “submitted promptly – usually to the immediately following Council Meeting”. The use of Upper Case would suggest that this is an Ordinary Council Meeting and NOT an assembly of councillors. Newton cannot have it both ways. Either the above statement is false and inaccurate, or all councillor requests for reports have been tabled at Council Meetings. History tells us that this is not the case, and even when councillors have specifically stated where and when they wish reports tabled this has not been done. In other words, council resolutions do not appear to have been fulfilled by the administration.

Below is a request for a report taken from the minutes of 26th July, 2004. Readers will note the clear and unequivocal time frame and the demand that the report be provided in open Council. Needless to say, this report was not forthcoming on the date requested and to the best of our knowledge did not appear in subsequent Ordinary Council Meetings 

We’ve highlighted this specific report given the goings on with GESAC and the lack of information forthcoming to the public and possibly, councillors themselves.

“CAPITAL WORKS PROGRAM 2004/05

Crs Grossbard/Marwick

That a report be presented to the Ordinary Council Meeting on 6 September 2004 outlining the stages of progress on all Council major capital works projects budgeted for 2004-2005 financial year

The MOTION was put and CARRIED unanimously”.

We reiterate that no report on “all major capital works projects” was contained in the minutes of 6th September 2004

We find it unacceptable that accountability and transparency have fallen victim to semantics and linguistic sleight of hand.  

We wish to remind readers that residents are busily collecting a petition to go to Council next week (22nd November). According to the Council guidelines, this must be presented 2 working days prior to the meeting. So we ask all those interested to please download the petition , get it signed and return to POBOX 322 Elsternwick. 3185.

PS: we’ve been asked to inform people that if it is too difficult, or too late to mail the completed petition forms, then they can email this site (gedebates@gmail.com) and they will be picked up from residents’ homes.

 

Readers should find the following extracts from the minutes of 26th May 2003 especially interesting, given the recent publicity over the lack of tree protection in our Green Glen Eira and the procrastination in the development of a Significant Tree Register. Yes, it certainly does look like things move at glacial pace in Glen Eira. Thus far it’s only taken 8 and a half years to get to the stage of the final Council resolution! That’s what we really call ‘timely’!

The extract reads:

“Crs Grossbard/Hyams

That a matter concerning a temporary tree control be considered as an item of urgent business.

The MOTION was put and CARRIED unanimously.

9.2 66A Balaclava Road, Caulfield North File No:

Temporary Tree Control

Crs Grossbard/Hyams

That Council put a temporary tree control on a Moreton Bay Fig Tree in 66A Balaclava Road, Caulfield North.

DIVISION

Cr Erlich called for a Division on the voting of the Motion.

FOR                              AGAINST

Cr Grossbard             Cr Erlich

Cr Esakoff

Cr Marwick

Cr Bury

Cr Hyams

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

Crs Hyams/Grossbard

That a matter concerning a temporary tree control and Ministerial intervention be considered as an item of urgent business.

The MOTION was put and CARRIED unanimously.

9.3 66A Balaclava Road, Caulfield North File No:

Temporary Tree Control

Request to the Minister

Crs Hyams/Grossbard

That Council send a letter to the Minister asking the Minister to protect the Moreton Bay Fig Tree at 66A Balaclava Road, Caulfield North and that Council Officers examine ways to protect this and other significant trees in the City.

The MOTION was put and CARRIED unanimously.

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.

Inquiry into our secretive councils

  • by: Political reporter Daniel Wills
  • From:The  Advertiser
  • November 08, 201112:00AM

The  public gallery at Burnside Council, one among a cross-section of councils whose  use of confidentiality measures will be examined. Picture: Nigel Parsons Source:  AdelaideNow

OMBUDSMAN  Richard Bingham is auditing secrecy measures at 12 councils amid claims some  are over-using or incorrectly invoking confidentiality.

The councils are a cross-section of city and country councils, and include the  trouble-plagued Burnside Council, which was the subject of a ministerial  investigation into misconduct claims.

Mr  Bingham said he was already aware of cases where councils had incorrectly used  secrecy provisions to exclude the public from meetings. Mr Bingham said he  would report to Parliament with the audit findings and the councils involved  were selected as a representative cross-section of the state, not because of  specific concerns.

The councils  are Alexandrina, Barunga West, Burnside, Ceduna, Coober Pedy, Grant, Light, Mt  Barker, Murray Bridge, Onkaparinga, Playford and West Torrens. Mr Bingham will  be allowed to make findings about behaviour at the councils if warranted.

Local  government laws require council meetings be open to the public except in  certain circumstances for privacy or business reasons. Local  Government Association president Kym McHugh said councils strove to balancing  legitimate needs for secrecy with reasonable demands for public disclosure.

“I  welcome the representative audit by the Ombudsman as such an external review is  an important test of how we are managing these matters,” Mr McHugh said.

AND STRAIGHT FROM THE HORSE’S MOUTH –

Ex Bendigo Mayor Cr Greg Williams

“In the last few years I have been saddened by the politicisation of council,” he said. “There is a view that if all nine councillors say the same thing in public, everyone in the community will believe it and think it is doing a good job, regardless if the merit of particular policies,” he said. “There seems to be a great fear of having public input and public discourse about policies.”

Cr Williams said the root of the problems were obvious. “I think the fundamental problem here is there are too many people on council who do not understand the role of democratically-elected councillors,” he said. “There are too many people on council who think their role is to support whatever the council organisation comes up with. I think that is wrong and dangerous. “The role of councillors is to represent community views to the organisation and to challenge the officers in a constructive way and promote discussion of different points of view. “I believe that is how you get good public policy.

“The best advice I was ever given was if you are sitting in a closed-door briefing and are thinking ‘I hope this issue never gets to the public’, then you are probably developing bad policy. “This happens most of the time with the current council.”

Cr Williams said real debate and options were being presented away from the council table. “Senior officers have an executive meeting every week where they do a lot of the debating for the council,” he said. “They work out which is the best option to put to council, and most of the time present only one option. “This is something that has happened since the 2004 election. “Prior to that, councillors were presented with a range of views and options from officers. “Instead, this debate and these options are presented in executive meetings and councillors don’t get to hear opposing points of view.”

Cr Williams said when that was mixed with the amount of “secret” agenda items in recent years, it became dangerous.

“Most decisions have been made well before the public consultation even begins,” he said. “It could be argued the Epsom supermarket was the most stark example of that. “The closed-door forums have become much more of a decision-making forum than they were before.

“The public council meeting has really become a rubber stamp, because we have a majority who think they should support whatever the council staff say. “The way the closed-door forums are now, councillors don’t even know what is on the agenda when they arrive. “During the last council term, if an officer came in with a late report, nine times out of 10 it would not be accepted because councillors needed time to look at it. “Now councillors are expected to turn up not knowing what is on the agenda, have a large report plonked in front of them and are expected to vote on it. “It is appalling. This is all dressed up under the argument of secrecy. Each year Bendigo council would have one or two reports that need to be legitimately secret.

“Everything else is done under the cover of secrecy to avoid public scrutiny.”

Cr Williams said an example of the politicisation was the recent community survey the council commissioned. “I would call this push polling. They set up people to have a good feeling, by asking them positive questions first about the good things of Bendigo, then slip in the political questions before going back to asking questions about the city’s great assets,” he said. “If they say Bendigo is a great place at the start, they are less likely to say they are getting bad representation. “The political questions are sandwiched in between the feel-good stuff, which makes me question the survey.

“But no doubt they will bring it out at the election and say it is more significant than the independent, state government community satisfaction surveys surveys which have become progressively worse over the past four years.” Cr Williams stopped short of urging ratepayers to vote against the current council. “Whether the community votes against this council is a matter for them,” he said. “However, I think the big problem at the last election was the candidates were not good enough. “I would very much encourage people who want to improve things to nominate.”

Glen Eira faces  sports centre inquiry

Jason Dowling
November 12, 2011

GLEN EIRA Council is facing a possible third probe by the Ombudsman’s office  in 12 months, this time over access to basketball facilities at the  nearly  completed $41 million Glen Eira Sports and Aquatic Centre.

In May, after an expression-of-interest process, the Warriors Basketball  Association was officially offered use of the centre.

But since then, several councillors have  tried  to overturn the decision  in  favour of the losing bidder, the McKinnon Basketball Association. The council is  believed to have received legal advice that the Warriors won the  process fairly  and the council could be exposed to legal challenge should it overturn the  original  decision.

Documents obtained under freedom-of-information laws by the Warriors show  that councillors have been actively lobbied by the McKinnon Basketball  Association.

In one email sent to councillors from the McKinnon Basketball Association’s  treasurer, James Cody, last month, councillors are told that should the  association gain shared access,  ”I guarantee those stakeholders will reward  your fortitude with votes”.

Emails between councillors Jim Magee, Neil Pilling and Frank Penhalluriack  from June show them  trying to overturn the council’s decision and appoint the  McKinnon Basketball Association as the tenant, with a lower hourly court rate  than that offered by the Warriors.

The Ombudsman’s office is believed to be investigating the involvement of  councillors in the attempt to overturn the decision.

An Ombudsman’s report into Glen Eira Council is expected to be tabled in  state parliament next month.

Cr Magee said he supported both associations having access to the  facility.

He said that for many families that paid rates in Glen Eira, the only way  they  would be able to use the new sports facility would be if their team left  the McKinnon Basketball Association and joined Oakleigh,  ”which, for the life  of me, I just can’t see that’s fair”.

Cr Penhalluriack said he could not recall the emails, but  he supported a  compromise.

”I think the people who live and play in Glen Eira and who have paid for the  stadium itself should be given priority,” he said.

A spokesman for the Warriors Basketball Program said they were disappointed  the process had ”gone as it has”, but added: ”As the general application of  the expression-of-interests process is honoured, we’re more than happy to work  in a combined front with the McKinnon association to make sure all kids in Glen  Eira get access to that facility.”

Read more: http://www.theage.com.au/victoria/glen-eira-faces-sports-centre-inquiry-20111111-1nbx5.html#ixzz1dQi7o3Gv

It looks like Glen Eira residents are taking the matter of the CEO appointment process into their own hands. A petition (to be tabled at the 22nd November meeting), calls upon councillors to advertise the position prior to any appointment. The relevant wording of the petition is:

“This petition of certain residents of the City of Glen Eira draws to the attention of the Council the firm conviction that that in order to ensure that the best possible candidate is selected for the position of Chief Executive Officer of Glen Eira, councillors should “test the waters”  by advertising the position. Your petitioners therefore pray and demand that the position of CEO is advertised widely”.

In support of this action we’ve uploaded the petition form and ask those readers interested in either signing or helping out to:

  1. Print off the requisite form
  2. Get your friends, neighbours, and others who agree with the proposition to sign, and
  3. Forward completed forms to: PO.BOX 322, ELSTERNWICK.  3185.

Please note that signed sheets need to be completed by next Thursday in order to be collated and then submitted to Council for the 22nd November.

 

The minutes of 7th February, 2005record the following under ‘Enquiries: Director of Community Relations” – ie. Paul Burke. However, the extract we are about to quote is almost verbatim Andrew Newton’s words. As an ‘objective’, ‘unbiased’ Officer’s report to council, should Mr Burke even be citing (unacknowledged of course!) the words of his master?  Here’s the extract::

The option to reappoint was included in the Local Government Act with the support of  both the Liberal and  the ALP. The reasons given in the parliament were that where a Council wishes to retain its CEO, reappointment avoids the cost of advertising and selection and months of organisational instability.

True to form, this extract is distinguished by oh so subtle distortions of what was actually said:

  • We could find no parliamentary speech on this legislation which mentioned ‘organisational instability’ in the context of reappointment (see below)
  • Where costs were mentioned (and this was a relative minor focus of the debates), they were repeatedly linked to small shire/country councils who did not have the resources to advertise widely.

What this extract conveniently fails to record are some of the following observations of the then sitting members. For example:

“At the heart of successful councils and communities lies a successful relationship between elected councillors and the chief executive officer. It is the essential relationship, and it is a relationship that should be based on mutual respect and communication. If that breaks down, as the member for Shepparton has said, the council becomes unworkable and the whole system breaks down. It is the most important relationship in local government”. (Legislative Assembly: 17th May, 2005 –  beginning at page 1020)

Further food for thought comes from the same Hansard debate date:

“This particular bill will provide some certainty to the appointment and reappointment of chief executive officers. They are now employed on the basis of five-year maximum contracts which normally would see them probably working for two different councils. The councils are now going to be elected for a four-year period. We have to ensure that the outgoing council does not employ a current chief executive officer who may not be suitable for an incoming council. We are always careful to look at our chief executive officers and their political motivation — for example, if it were a Labor council which had employed a Labor chief executive officer and the councillors looked like they would be tipped out at the next election, they would like to get their Labor chief executive officer back into place so he could control the council until there was a different group of Independents, maybe Liberal Independents, that may be appointed to the council.

An honourable member interjected.

Mr SMITH — It may be a Liberal council with a Liberal chief executive officer. One would hope the chief executive officers, particularly the ones I have mentioned, would be classified as being independent. We know some that are not, and they tend to be manipulated along political lines.

To ensure that the outgoing council does not employ a new chief executive officer, it must not re-employ their current chief executive officer until six months before his contract expires. That gives him enough time — —

The ACTING SPEAKER (Ms Barker) — Order! Or her.

Mr SMITH — Or her. I actually have got ‘her’ written in here somewhere. My colleague from Brighton was going to raise this issue with me as well.

Thank you, Acting Speaker, I appreciate your involvement in this debate.

The contract should not be manipulated. The chief executive officer and the council can conspire together to manipulate the contract to shorten what they already had as being a fixed period of five years. They may bring it back to four years or three and a half years on the guarantee they can sign them up for another five years. It may be politically wise to do at the time, but it is not the sort of thing that should in fact occur. If it were coming up to a council election, that would be most unfair on the new council which would then be lumbered with a chief executive officer who might not be suitable for possible changes in direction being mooted by the new council. It could also be used as a political tool by unscrupulous councillors who would be pleased to have a chief executive officer controlling a new and apolitical council”.

Finally, we urge all readers to carefully dissect the provided CV and provide us with your thoughts, questions, and of course, comments.

 

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