GE Governance


Once again this council excels in its adherence to the letter of the law, rather than the spirit of the law. Hidden away under ‘Public Notices” there is the following announcement:

Glen Eira City Council Special Committee Meeting

Notice is hereby given of a meeting of the CEO Contractual Arrangements Special Committee to be held at 8pm on Tuesday 8 November 2011 in the Council Chamber, Glen Eira Town Hall.

The meeting is expected to be closed to the public.”

This notice fulfils the legal requirements of 7 days notice and that’s about it. Timing is immaculate – ie. a public holiday. No link from the home page; no media release; no advertisement in the Caulfield Leader, no nothing, except the paltry and hidden 4 liner. We congratulate this administration for its consistency and councillors for allowing such actions to occur in their name.

PS: The Age advertisement appeared yesterday – 31st October.

Tactics Of A Workplace Serial Bully Boss

By ABC

Some bully bosses have no shame and make no effort to hide their bullying behaviors. These are the screamers, ranters and ravers. They may have tantrums, throw things, pound on desks and fire subordinates on a whim. Often they remain in their position because there is no one in a higher position in which to take them down. These are the CEOs of both small and large companies or owners of small businesses. A frequent example is a physician’s or a dentist’s practice in which the doctor bullies his receptionists, nurses, billing clerks, and even the cleaning crew. Most people would agree that people who behave this way are “bullies”.

Then there is another type of bully boss which most people would not even perceive as a bully. The “closet” bully boss is actually much more prevalent and more dangerous than the ranter or raver described above. This type of bully boss is very clever in their ability to hide their bullying behaviors and to manipulate the perception of bystanders against the “target”. Most bullies possess excellent emotional intelligence. The thing that needs to be kept in mind is that true “psycho bullies” are motivated in ways that normal people do not understand. Bullies use their emotional intelligence to cause conflict intentionally. They are not interested in building positive relationships, only ones they can manipulate. Much of their bullying behavior is premeditated. They do not possess empathy.

Closet bully bosses are often also “serial bullies” who choose one target at a time. One study showed that after successfully eliminating a target, they chose another target within two weeks. These bully bosses are capable of behaving normally towards all other subordinates and will even behave normally towards the target, whenever there are witnesses. This method serves the bully boss well, making it difficult for others to believe a target. Often, only the bully boss and the target know the true nature of the bully.

Simply stated, “targets” are good at their jobs and therefore cannot be taken down based on poor job performance. Therefore bullies rely on character assassination, twisted, half or outright lies, rumors and innuendo to subjugate or eliminate their target. Read my article “proud to be a target” to understand how bullies choose their targets.

At the beginning of a bullying campaign the target may actually feel favored by the bully boss. The bully boss often befriends their target at first. The target begins to trust the bully boss and may share information about their weaknesses that the bully boss then uses against the target. After the bully boss gains useful information about the target, the bully may try a few “pass-by nibbles” (read the article about pass-by nibbles, on this blog) to test the targets reaction. Then a full blown bullying campaign begins.

In my first emotional assault, my bully called me into a meeting with her and a Human Resource Rep to “discuss my needs”, only to reprimand me for “intimidation of subordinates”, a grossly twisted, half truth. My bully boss knows how strongly I feel about treating everyone, especially subordinates, respectfully. Knowing this about me, she knew it would be especially hurtful to accuse me of just that. It upset me horribly and I couldn’t stop crying at my desk for most of that day.

This reprimand happened behind closed doors. I was warned not to discuss it with coworkers. My coworkers didn’t hear my boss’s lies or hear her calling me a liar. They didn’t see her disrespect me as she rolled her eyes and clicked her tongue at my responses. They only knew I was reprimanded so severely I cried all day. Bullies delight in observing the pain and chaos they have caused and marvel at their ability to get away with it. Next comes the “mental health card”.

After the Bully boss’s first emotional assault the target reacts emotionally as I did. The bully boss then manipulates the target’s coworkers into feeling privileged to be in her confidence. The bully then feigning concern for the target tells of half or twisted truths, placing the targets mental health, competence and/or loyalty into question. It is often what the bully doesn’t say that causes the most damage. For example: The bully boss brings coworkers into her privileged confidence. The bully then cites a half or twisted truths about the target or will imply that the target caused the bully some kind of deep hurt. The bully then mimicking deep hurt or confidentiality concerns, refuses to share details, leaving everything to the imagination. It must be remembered that they are “masters of deception” and can easily convince others of the target’s negative attributes and how the target has caused them personal concern or injury of some kind. They can be so convincing, some convince themselves into believing the lies that they themselves have fabricated.

Coworkers feeling privileged to be of assistance to their deeply hurt boss will do anything the bully boss asks. This is called “mobbing”.

A full blown bullying and mobbing campaign could be a very critical period for the target who has no understanding of the “bullying and mobbing phenomenon”. Targets who are typically good performers and well liked by coworkers are stunned by the first emotional assault, which is often the first reprimand in their careers. They become obsessed trying to understand why first their boss, then their coworkers turned against them, when there is no valid reason at all!

Suddenly the target’s world is a different place, for reasons they don’t understand. Most targets have enjoyed decades of appreciated successes on their jobs, only to be left in isolated despair. Most targets are forced out of their positions within two years of a bullying and mobbing campaign. Forced out by being fired, resigning, becoming ill, committing suicide or going postal!

All of this could be avoided if every working person had a knowledge of “workplace bullying and mobbing”. If this is the first time you have heard of it, learn more about it today. Who knows, you might be the serial bullys’ next target. Hopefully, someday, every working person will learn to Recognize it, Name it and End workplace bullying and mobbing together! ABC”.

SOURCE: http://antibullyingcrusador.wordpress.com/2008/04/06/tactics-of-a-workplace-serial-bully-boss/

Poor old Glen Eira! They’re really having such a bad trot at the moment with ‘clerical error’ after ‘clerical error’. First there was the failure to accurately account for all bookings at Allnutt Park. Next, another ‘error’ with the report on public questions. Now, the most sacrosanct document of all – the much touted and award winning Annual Report – has also succumbed to the disease of ‘clerical error’! It’s an epidemic!

Page 54 of the 2010/11 Annual Report claims that council cleaned 30km of drains in 2008/9 and last year – 2009/10. This year the total has literally leapt into the stratosphere with the mind boggling 32km.  However, we invite all residents to go back to last year’s Annual Report and there they will find in black and white (on page 32) that ONLY 25KM were stated as the total number of drains cleaned.

Now this may all sound trivial, inconsequential, nit picking, etc. However, when thousands and thousands of dollars are spent in producing this opus, one should expect 100% accuracy and reliability. Or is it that by stating a consistent 30km of drains cleaned, the record looks better than a drop of 5 k in 2009/10?  This then leads on to the more serious questions of:

  • how many other ‘clerical errors’ are in this report and elsewhere?
  • how much faith should residents put in any figures that are published?

We’re still digesting the spin and waffle. More to come!

Once again Officer reports to Councillors’ requests take on the aura of naysaying to all attempted ‘improvements’ to the municipality. We urge a careful reading of the Public Toilet report and the Queen’s Avenue pathway. The usual tactics of ‘it will cost too much” (ie $250,000 for ONE public toilet; conflicts with agreement with MRC, public safety, etc. etc. etc) dominate.

On committee reports, nothing much changes except that the Pools Steering Committee ‘minutes’ now include the staggering number of 4 items instead of the usual 2. The most important item simply states: “Project Update Report”!!!! So much for communication’, ‘transparency’ and ‘accountability’ for a project costing mega bucks.

It also appears that ‘clerical errors’ are becoming the achilles heel of this administration. They just can’t seem to get it right.  In the report on Public Questions, we’re told that there were 22 questions asked and answered in the space of 3 months and that NONE were taken on notice. WRONG, WRONG, WRONG. We totally disagree with the figures provided and as proof, here’s a statement taken directly from council’s minutes – “A Public Question taken on notice at the 19 July 2011 Council Meeting was tabled for inclusion in the Minutes of this Meeting”.

In camera items are again fascinating. Amazingly we’re told that there is a tender going for “information systems support services”. The value of this contract? Only a paltry $4,250,000. Given that the financial reports and budgets state that just under $1m is for IT, we can only wonder what on earth ‘support services’ actually means and why it would cost this astronomical amount?

Then there’s another half a million or so for the upgrade of another sporting oval; a cleaning contract for GESAC with no sum attached, and numerous (ongoing) legal issues that are sure to keep accruing further costs – ie. ‘compliance’ with Local Government Act; GESAC contracts; and a strange “OH &S request for information”.

PS: NO RECORDS OF ASSEMBLY INCLUDED, especially the really important one of  20th September, post council meeting where the Special Committee was set up.

In our last post we listed the ‘requests for reports’ which were still outstanding. One of these was the Lipshutz/Whiteside motion –

“That a report be prepared as to the Council depot in Caulfield Park being removed from Caulfield Park to another location in or out of the City (16th October, 2007)”.

Not only has no report ever made an appearance, but the depot still stands in the middle of Caulfield Park!  Worse still is found in the minutes of 7th April 2010 – that is, just  on 2 and a half years later, when Mr. Jack Campbell, OBE asked the following  public question –

“Could  you please report the result of the investigation requested by Cr. Lipshutz into an  alternative site for the ‘Works Depot’ currently located in the Crown Land of  Caulfield Park and what action is planned to re-locate this Depot and when is it planned that this will occur.”

The response read: “The outcome of the investigation was reported on page 52 of Council’s 2008/09 Annual Report. A suitable alternative  site that meets Council’s requirements has not been found. Councillors remain committed to continuing the search for an appropriate site.”

We  wish to note several things here:

  • As per usual, parts of Mr.  Campbell’s question remain unanswered.
  • The depot has not been  moved, no report has been tabled (as admitted by this response) and like the mulch site ‘searches’ seem to take forever until they evaporate from the public consciousness!

When one actually goes to page 52 of  the 2008/9 Annual Report we find this:

Strategy

Action

Measure

Investigate the relocation of the
Parks Depot from Caulfield Park

Conduct Investigation

Investigation completed

“Comment: Investigation covered the need for some permanent park  maintenance facilities; the inclusion during 2009 of water tanks and  infrastructure to supply recycled water to the park via drip irrigation; and the scarcity of alternative sites within Glen Eira. Options to minimise the area required are being considered further”.

QUESTIONS

  • Where is the report? Why hasn’t it been tabled?
  • Why four years on is the depot still at Caulfield Park?
  • Why wasn’t Mr Campbell’s question answered fully?
  • Why shouldn’t residents believe that such inaction and responses are not in the interests of full transparency, accountability and/or good governance?

“As can be seen, reports are regularly requested. They are submitted promptly – usually  to the immediately following Council Meeting”. (6th  June 2011). Thus wrote Andrew Newton on why Notices of Motion are not required  in Glen Eira.

The  Local Government Act, mandates that it is the duty of a CEO to provide council with ‘timely’ advice. Further, he/she is bound to carry out council resolutions expeditiously. This does not appear to have been happening in Glen Eira. We have had discussions with the Victorian Local Governance Association who have informed us that Requests for Reports that become council Resolutions must be tabled at ordinary council meetings. We have also taken the trouble of going  through the minutes of the past 5 years in order to determine:

  • Why successfully passed resolutions for ‘requests for reports’ have NOT been tabled at Council meetings as required, and
  • How long has it taken for those reports which were tabled to be produced?

Our results on the first question are listed below. We have included the dates that the resolution was passed at council. We ask readers to make up their own minds as to how well this administration has acted in accordance with the requirements of the Local Government Act. We also ask why no councillors appear to have demanded that these outstanding reports be tabled, nor have they requested any explanation for their non-appearance.

Requests for Reports which WERE NEVER TABLED

Crs Staikos/Robilliard

That a report be prepared  documenting a recent incident at the Duncan Mackinnon Reserve Pavillion in which  it is alleged that a group of people entered the pavillion while unauthorised.  That this report document all correspondence related to this issue to date. (16th  October, 2006)

Crs Tang/Feldman

That a report be prepared detailing expenditure and programs directed to the Glen Huntly commercial area over the last five years. The report should also include a comparison to the total expenditure directed to Glen Eira shopping precincts in each of those years. (4TH September, 2007)

Crs Lipshutz/Whiteside

That a report be prepared as to the Council depot in Caulfield Park being removed from Caulfield Park to another location in or out of the City (16th October, 2007)

Crs Staikos/Robilliard

That a report be prepared on the operation of Village Committees in the City of Kingston. (27th  November, 2007)

Crs Staikos/Robilliard

That a report be prepared on the feasibility of introducing a ban on the sale of ‘silly string’ in conjunction with a ban on spray cans. (18th December, 2007)

Crs Spaulding/Staikos

That a report be prepared into missing sports in Glen Eira, sports clubs that are wholly or in part required to relocate because of a lack of Council facilities within our municipality and within this report the administration to investigate the development of sporting facilities also in partnership with commercial entities and in particular but not limited to Moorleigh Reserve. (5th February, 2008)

Crs Staikos/Robilliard

That a report be prepared investigating ways of expanding Council’s Australia Day celebrations. (5th  February, 2008)

Crs Staikos/Spaulding

That a report be prepared about possible improvements to Mackie Road Reserve including, but not limited to: walking path; birdie cage; playground and barbeque area improvements; and the disused land on Orange Street. (29th April, 2008)

Cr Whiteside/Spaulding

That a report be prepared on the status of the draft heritage guidelines such report to include recommendations for best practices to strengthen these guidelines so as to maintain consistency in our heritage areas. (29th April, 2008)

Crs Staikos/Spaulding

That a report be prepared on the provision of bus stop infrastructure in the City of Glen Eira (20th  May, 2008)

Crs Staikos/Magee

That a report be prepared on the granting of Tucker Ward funds to Bentleigh Recreation Tennis Club for the purchase and installation of a water tank. (15th December, 2008)

Crs Magee/Tang

That a report be prepared on the Foundation for Youth Excellence in regard to the eligibility criteria and guidelines. (17th March, 2009)

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. (1st  September, 2009)

Crs  Penhalluriack/Esakoff

That a report be prepared into the tree clearance requirements under the Electricity Safety (Electric Line Clearance) Regulations 2010; documenting the typical effect on trees in Glen Eira if the regulations are enforced; documenting the estimated cost of  implementing the tree clearance requirements; documenting the number of trees likely to be removed as a result of the requirements; and providing guidance as to whether Council could seek an exemption from applying the regulations. (3rd
November, 2010)

Cr  Tang/Esakoff

(i)  That Council prepare a report detailing the costs and feasibility of reinstalling the free mulch service previously provided at the former Council depot, then Caulfield Park and then most recently at Glen Huntly Reserve Car Park at another site in Glen Eira. (ii) The report should consider the adoption of all recommendations the Environmental Health Assessment completed in February 2011. (17th May, 2011)

Dear, oh dear, oh dear. Looks like the old adage of ‘practice makes perfect’ is humbug when it comes to running a Special Committee Meeting and adhering to the rules of conduct for such meetings. To put it bluntly, poor Mayor Esakoff, got it wrong – not once, not twice, not three times, but an incredible 4 times this evening.

To begin with, Penhalluriack assumed his normal position within council.

ESAKOFF: ‘Cr Penhalluriack we’re about to start a Special Council meeting. If you wouldn’t mind leaving this part of the chamber please”. (NOTE: this wasn’t a Special Council Meeting but a Special Committee meeting). Stuff up #1

Esakoff read out the tribute to indigenous peoples, oath and apologies and then corrected herself to state :”I’m reading out the wrong agenda” (Stuff up #2). ‘Presentation of Officers’ reports’. We don’t have any tonight’ . Esakoff then went straight on to ‘consideration of confidential items’. (Stuff up #3 – Agenda items clearly stated: CONFIRMATION OF MINUTES OF PREVIOUS SPECIAL COMMITTEE. No motion was put to accept previous minutes! – Hence the minutes are still ‘unaccepted’ by the Committee/Council.

Hyams moved and Lipshutz seconded the ‘confidential’ recommendation – ie meeting be closed to members of the public. Esakoff then said ‘All those in favour’. 8 hands went up – ‘Carried unanimously’. (Stuff up #4 – Esakoff did not call for further speakers, objectors, etc. as stated clearly in the Local Law – “the Chairperson must call upon any Member who wishes to speak against the motion” [234(6)].

DURATION OF OPEN MEETING – APPROX 2.5 MINUTES.

ANNUAL REPORT: Special Council meeting

Move to accept annual report: – Hyams/Lipshutz

HYAMS: ‘a very good document….good reading….highlights are at the front….sets out areas where we hope to do better which are fewer than they were last year….details performance against community plan…shows a generally good result….shows overall that this is a very strongly performing council…we have a habit of winning or getting nominated for awards for our annual eports….tells a very good story in the way it is presented…

LIPSHUTZ: ‘sets out a great story…it shows council (does a little bit more than) collect rubbish….sets out very clearly what council does….a real picture and an insight into our council…I think it’s a good report….

PENHALLURIACK: ‘it seems to be an annual report’s function is to communicate…this does it well…enquiry as to cost,….question is ….a more economic way of producing (the report)….

PILLING: Spoke of need to highlight disappointments and ‘one of the disappointments is the state of the Elsternwick Child Care Centre….(will be) ‘closing in two months time. I can’t see that mentioned in this report….should be highlighted…

MOTION PUT: Carried unanimously.

DURATION – 5 minutes.

 

Last council meeting featured the quarterly financial report. As per usual, it was accepted in glowing terms, especially by Lipshutz. We cannot help wondering however, whether councillors even read these reports, or if they do read them, whether they actually query any of the figures and statements. We wish to highlight the following figures which are buried within this report:

Packer Park concept plan – $370,000
Building Design Elsternwick CCC – $740,000

Surely even an architect of Frank Lloyd Wright’s calibre would not cost three quarters of a million dollars? But it gets even murkier. The budget of just several months ago contained this item – “Building Design and Community Consultation for Elsternwick Child Care Centre $250k”. We therefore ask:

• Why is consultation included together with ‘building design’ – consultation is a direct Council expense – it is not part of infrastructure’.
• Why in the space of 3 months has the expenditure on this item suddenly blown out by over half a million dollars?
• Has the budget figure been ‘understated’ in order to get passed and now, suddenly, the true cost may be emerging? Is this common practice for most items – especially GESAC?

We also draw readers’ attention to this one liner – “Funding of $371K for Bailey Reserve playground relocation (Council considered this relocation as part of the approval for the car parking extension for GESAC on 19 July 2011). Please note that the funding for this relocation is expected to be offset from savings on the GESAC construction expenditure.”

Apart from the sheer staggering cost of removing and relocating – with some additional play equipment – how can this in all conscience amount to such a figure? We also note the language (“expected”) and wonder whether some time down the track councillors, if they bother to question anything will simply be told – “oh sorry, this was only expected and sadly didn’t eventuate!”

There are numerous other items in this ‘report’ which are practically indecipherable – not because one needs an accounting degree to make head or tail out of the figures, but simply the lack of detail, the lack of explanation, and the overall ‘imprecision’ of what our money is being spent on. If councils are meant to be accountable to their communities, then clear, plain English statements are essential. But most importantly, councillors must read, question, and demand answers. Are they doing this we wonder?

From the Gold Coast Council Meeting of 8th August, 2011.

13.9 CENSORING OR INTERVENING WITH COUNCILLORS MAIL

LG211/-/-

RESOLUTION G11.0808.025 Moved Cr Clarke Seconded Cr Young

That the Memorandum be deemed non confidential except for those parts deemed by the Chief Executive Officer to remain confidential in accordance with sections 171(3) and 200(9) of the Local Government Act 2009.

Council notes with concern the allegations published in the local media last Thursday in regard to the intervention of e-mails being received by Councillors (including generic, divisional office email accounts) and resolves that under no circumstances can the Chief Executive Officer or any administrative staff, intervene or censor any mail, be it electronic or standard, for Councillors, as from today, with the exception of any such action or intervention that is specifically requested by an aggrieved or concerned Councillor and that the CEO report back on the appropriate process for this to occur.

That the CEO report back on the process to identify junk mail, “MIMEsweeper” and spam mail within programming software in Councillors’ computers and how to enhance such programs to allow Councillors to determine when and how to deal with offensive emails and that the current spam filters stay in place.

That all policies appropriate to the receipt and distribution of electronic mail and posted mail to and from the Mayor and Councillors be revised to reflect the above policy position. “

Vote was carried eleven (11) to four (4).

Our urging for the publication of the October 4th Special Committee Meeting Minutes has paid off. They are now available on Council’s website. Here is the important parts of these pseudo minutes –

PRESENTATION OF CONFIDENTIAL ITEMS

Crs Hyams/Lipshutz

That the meeting be now closed to members of the public under Section 89(2) (a) ‘personnel’ and (d) contractual’ of the Local Government Act 1989 which relates to the review of the performance of the Chief Executive Officer  

The Mayor called for a vote on the Motion. Five Councillors voted and three Councillors declined to vote.

The Mayor again called for a vote on the Motion. Five Councillors voted and three Councillors declined to vote.

DIVISION

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

FOR                                       AGAINST

Cr Esakoff                              Cr Forge

Cr Hyams

Cr Lipshutz

Cr Lobo

Cr Magee

Cr Pilling

Cr Tang

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

We are utterly speechless at the total shambles that these minutes reveal – from both councillors and from whoever is responsible for the taking and dissemination of these minutes. Again, we’ll go through this in chronological order –

  • The motion was moved in open council. Hence IT IS NOT PART OF THE CONFIDENTIAL ITEMS as stated!
  • Councillors are legally bound to vote – they CANNOT abstain.
  • Esakoff again does not know correct procedure. She cannot call for a Division until the voting has been recorded. No vote is recorded in these minutes.

COMMENT

This is getting worse and worse. We have a situation where the Chair does not seem to know the rules (even though she’s been mayor 3 times) and councillors who also do not know what is legally expected of them. As for the minute taker, perhaps he should be given as birthday present the State version of Standing Orders & Meeting Procedures?

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