GE Governance


Secret agenda riles ex-lord mayor

Craig Cobbin

September 24, 2011

Melbourne City Council is making too many decisions without the glare of  public scrutiny, according to a former lord mayor.

The agenda for next Tuesday’s council meeting lists seven items for  discussion as ”confidential” with only one item disclosed to the public.

Former lord mayor Kevin Chamberlin said the council, in charge of an annual  budget worth hundreds of millions of dollars, was operating too much in  secrecy.
‘When you look at a council meeting agenda you get the distinct impression  the real business is done behind closed doors,” Mr Chamberlin said.

The closed shop at Tuesday’s council meeting comes after The Age  reported in May the lord mayor was conducting ”councillor-only meetings” that   did not require minutes to be taken or councillors to declare a conflict of  interest because no council staff were present.

Cr Carl Jetter, who said he represented business interests in the council,  said it was a long-standing convention for the past three to four terms to have  more internal discussions on operations.

”It’s not for the public or ratepayers to know,” Cr Jetter said.

But lord mayor Robert Doyle said the council was more transparent than State  Parliament – despite debates in Parliament being open to the public.

”Tuesday’s meeting agenda with so many confidential items is unusual,” Cr  Doyle said.

”All nine councillors, regardless of how long they have been a councillor,  are free to bring up discussions to question the confidential nature of  matters.”

City of Melbourne chief executive Dr Kathy Alexander said in  a prepared  statement: ”The City of Melbourne understands the importance of being open and  transparent with its ratepayers, however there are some specific matters as  outlined in the Local Government Act that cannot be discussed in open  council.”

Read more: http://www.theage.com.au/victoria/secret-agenda-riles-exlord-mayor-20110923-1kpe6.html#ixzz1YpXzLvji

We’ve previously reported on the allegations of bullying and harassment made against Cr. Penhalluriack by Andrew Newton. We’ve also highlighted the fact that such allegations are not a new tactic by Mr. Newton – as evidenced in the Whelan Report.

We believe that it is in the public interest to reveal some further information on this issue so that the record is set straight and people may make up their own minds as to what is actually going on. The facts are:

  • Council (rather than WorkSafe) hired Ms. O’Neill to conduct an ‘investigation’ into the bullying allegations
  • Ms. O’Neill is a lawyer specialising in workplace issues
  • Two residents were interviewed by Ms. O’Neill at the request of Cr. Penhalluriack
  • These residents were asked for their views on the ‘interactions’ between Cr. Penhalluriack and Newton at 4 separate Council Meetings. They were also asked for their opinion as to whether these ‘interactions’ were ‘appropriate’
  • The specific council meetings primarily involved Cr. Penhalluriack’s Request for a Report on meetings between the MRC and Newton; the mulch heap fiasco and the Boyd park grant for drainage.

Both residents confirmed the following:

  • Penhalluriack was fulfilling his legal and fiduciary duty in highlighting possible health risks which could place Council (and its employees) at risk if not attended to. It was also noted that only two councillors voted against the motion. Hence a majority were in agreement with Penhalluriack
  • That as a councillor Penhalluriack has a legal and fiduciary duty to ensure that funding is spent in the most cost-effective manner and to the benefit of the residents of the municipality
  • That other councillors over the years have also expressed ‘disappointment’ with the content, comprehensiveness, and overall quality of officers’ reports. That current councillors, apart from Penhalluriack, have questioned procedures and the need for cost-benefit analyses in reports.
  • That in their view, Penhalluriack’s language, demeanour, and questioning of officers is perfectly appropriate given his role and legal obligations as a councillor. At no time could either resident perceive these ‘interchanges’ as bullying and harassment.

Admittedly, neither of these residents are privy to what goes on behind closed doors. They could only attest to what they had witnessed. However, several points need to be made:

  • Are we really and truly expected to believe that a seasoned bureaucrat like Newton suddenly feels threatened because a councillor sees fit to ask uncomfortable questions in public and/or in private? Or that he demands reports that are detailed and comprehensive?
  • Should residents accept the silence and refusal to answer public questions on how much this investigation has cost them? We have stated before that any lawyer worth a cracker would probably be charging somewhere between $150 and $400 per hour. Then there’s also the writing of the report and god knows how many people were interviewed. So what is the pay out to O’Neill? We hazard a guess that it could be well over $30,000.
  • History tells us that the bullying card has been played before by Newton. Really amazing that a man who has worked in Canberra and at State level and undoubtedly experienced much pressure in these jobs, should twice in 6 years suddenly feel ‘bullied’ by mere part timers, who ostensibly, are simply doing their elected tasks.
  • What further machinations are being played out behind closed doors, since the in camera items continue to feature ‘Occupational Health & Safety’ items which we presume relates to this affair?

We’ve also stated several times that the history of Glen Eira is besmirched with dismissals, disagreements, and now 4 Municipal Investigations. All (serendipitously) coincide with the arrival of Newton. He remains the solitary common denominator in all these trials and tribulations. The next month is thus crucial. Councillors must decide whether to anoint him for another 2 years, or seek a new CEO that will bring a breath of fresh air into Glen Eira and transform what many residents see as a repressive and out of touch corporate culture.

One of the items at the last Council Meetings was the $500,000 grant provided by MP Miller and the State Government for the redevelopment of the Centenary Park Pavilion. Fantastic that this money was forthcoming and as numerous councillors stated, that election commitments were upheld. However, the discussion that is reported below reveals several chinks in what has always been council’s argument for its wonderful ‘objective’ priority pavilion list. Time and time again residents (especially those from Victory Park) have been told that you’re down the list of ‘priorities’. Suddenly, such lists morph into ‘guides’ only –  please note the remarkable (and supercilious) Hyams’ comment on this point.

It also strains credibility when we are asked to accept the fact that suddenly grants of $500,000 appear magically out of nowhere and with no extensive lobbying, application, submissions and justification (ie. paper work). We conclude that the $500,000 for Centenary park was achieved without due regard for this wonderful ‘priority list’; that lists such as this are not only flexible, but irrelevant when it comes to assigning priorities. We will also remind readers of the Vunabere Avenue works when it was listed hundreds and hundreds of places below other streets deserving attention – yet it was done ahead of countless others. In short, ‘priority lists’ are essentially not worth the paper they’re written on. Such lists only serve the purpose of a public relations exercise and justification to be used against residents’ requests for action. Now for the discussion –

Motion to Accept – Esakoff/Magee

ESAKOFF: half a million dollars for redevelopment of centenary park pavilion from State Government. Stated that the current pavilion had ‘outgrown’ the numbers using it….’will be council’s next priiority for works’….consultation for these works is now going to commence….(already allocated $200,000 for design)…grant….’allows us to move this forward’….(thanks MP Miller) ‘for fulfilling her commitment to the local community’

MAGEE: ‘we wanted (this) upgraded and redeveloped for many, many years’…(always going to be done after Duncan McKinnon) ‘nice to get the $500,000 from Elizabeth Miller….’Opportunities now for stakeholders around Centenary Park….important….we have to take a lot of notice of….(ask them) exactly what their needs are…..(will be with us for 50 to 70 years)….’great step forward and another great development….Tucker Ward is finally being noticed by Glen Eira Council’…(that there is land south of North Rd)…..(Before election Miller promised to make Victory Park next) ‘I eagerly await an announcement of a similar amount in the near future’…’I would expect no less than $500,000’.

HYAMS: also ‘grateful’ to Miller for ‘first identifying this need prior to election’ (then securing funding and delivering the money)….’Cooper Pavilion not large enough to cater for all’ (the needs)…’children have to get changed outside so….defeats purpose of having a pavilion’…‘we have had other priorities which is the reason it hasn’t been done up to now’….(Caulfield Park Pavilion, Duncan mcKinnon Pavilion rated higher)…‘on the objective ranking table’ (priority list)…(now) ‘Centenary Park’s turn’.

TANG: Asked a question since Hyams referred to the priority list and that Cooper reserve was next on priority list – ‘In my understanding it wasn’t in our publicised pavilion ranking list….(so asked question of Magee, Hyams or officer)…’how this can be called the next priority in the list?’

HYAMS: Stated that he was referring to the 2007 list where Marlborough pavilion was listed but ‘that list was only a guide and subject to subsequent decisions and if we pass this motion tonight we will be making a subsequent decision’…’low use of Marlborough….pavilion…(and there has been further discussion on priority lists in assembly meetings).

TANG: Stated that he’s not against the Julia Cooper pavilion being rebuilt….‘my problem though is that council has not been transparent in its change of priorities’….(one reason could be a grant from government) ‘and in this instance $500,000 is a quarter of the estimated’ (cost)….’so if government grants (are responsible for changing priority listing) ‘then that should also be transparent’ …’so Marlborough reserve is missing out at the expense of the Julia cooper Pavilion’…‘this is probably a premature decision of council. We should first indicate if our priorities have changed….’foreshadowing a motion of deferral’.

HYAMS: was ‘putting officers on the spot’ with his question – ‘have there been other instances where we’ve moved capital works ahead of other capital works’ (because of grants)?

OFFICER: Response was ‘yes’ in relation to grasses at Lord Reserve.

ESAKOFF: ‘welcome commitment’….certainly look forward to progressing with Centenary Park next year…’

MOTION PASSED: Tang voted Against. Magee called for a Division.

The following statements were made in relation to the ‘minutes’ of the Pools Committee –

LIPSHUTZ: Pools committee meets on a regular basis…’pool is progressing very well’…one pool has already been tiled and the other one is being tiled….’we are still on track for a December opening’…..’our staff are right on top of the work…..’the builder tried to suggest measures which our staff rejected’….’that indicates the level of concentration and the level of awareness that’ staff have in relation to the pool….

PENHALLURIACK: ‘I have been attempting to attend (the pools committee meetings but dates aren’t published and minutes aren’t provided)….’I am concerned that there are no records in the minutes of progress ….items 1 to 5 are all subheadings and no information about what’s happened….I am more than happy to accept the fact that we have experts….but I would like to be able to attend these site meetings to see for myself…..and a little more detail than what we have in these minutes…..liquidated damages tells me nothing….these (should be)  meeting minutes and not simply meeting headings… there is no date for the next meeting (Penhalluriack asked Lipshutz when the next meeting is scheduled).

Lipshutz responded that he doesn’t recall but will check.

This item must surely win the award for obfuscation and keeping everyone in the dark. Here we have a 2 page officer’s report proposing the removal of the Commercial Centre Policy from the Glen Eira Planning Scheme. One page is fully taken up with the processes involved in seeking an amendment – ie. permission to advertise, submissions, perhaps a panel, etc. The first page is nothing more than waffle, and we believe a deliberate attempt to disguise what is really going on and the motives behind such a move. When any amendment is proposed, residents have every right to expect the following:

  • Clear, comprehensible, and comprehensive information as to the reasons which justify the amendment. In this case, all the rationale states is that the original policy dates from 1998 and is ‘redundant’. Not good enough we say. What’s wrong with updating and improving a policy rather than removing it entirely?
  • No explanation is given as to the potential ramifications if the policy is removed. What will it mean to traders? To residents? To the neighbourhood? To those little shopping strip centres that are already struggling against the big ones, Chadstone and now the C60 stores? Where are the statistics, planning strategies – in short, where is the evidence that this policy is now ‘outdated’ as claimed and that the municipality will be better off without Clause 22.04 remaining in the Planning Scheme?
  • We also wonder whether the removal of the Commercial Centres policy is simply one way of declaring open slather for all  forms of (residential) development and council washing its hands of all strip shopping centres except for the big three – Centre Rd, Carnegie & Elsternwick. So much for enhancing, developing, and maintaining local strip shopping! So much for looking after this sector of the community!

If councillors pass this as stands then we believe they are again not fulfilling their obligations as councillors. They must question in depth this proposal and not simply sit there and rubber stamp everything that is stuck under their noses. Such a report should never be accepted. It is bereft of detail, logic, and argument. It remains a ‘report’ in name only and certainly a below par effort. But then again, perhaps this is the objective – to get something through with as little fuss, furore, discussion and debate as possible? Rule by stealth perhaps? Make up your own mind when you read these paltry few pages.

We urge all readers to pay careful attention to the various Records of Assembly and the range of topics that are discussed behind closed doors, in secret, and which never seem to make it into the council chamber. The Pools Steering Committee Meeting Minutes is of the same ilk. For example: for months and  months now Cr. Lipshutz has been spruiking how wonderfully well GESAC is going –  apart from rain delays it seems. Only at the last council meeting was it  disclosed that tiling was somewhat behind schedule. Now we have mention of ‘liquidated damages’. According to Wikipedia, the definition of this  term is:

“Liquidated damages  (also referred to as liquidated and ascertained damages) are damages whose  amount the parties designate during the formation of a contract for the injured  party to collect as compensation upon a specific breach (e.g., late  performance).

en.wikipedia.org/wiki/Liquidated_damages

Do these damages apply to the tiling or are there other aspects of this extravaganza that are not going all that well? And how much are  the ‘damages’ actually worth? Are we talking a paltry few thousand or do the  figures run into hundreds of thousands – thereby signalling some major hiccup and placing many of Lipshutz’s early claims into the very doubtful basket. Of  course, it would be too much to ask that council is upfront and fully  forthcoming on these issues!

Tang also appears to have great difficulty in showing up to meetings – he missed the August 2nd August, 9th  & the 16th August meetings!

Councillor Assembly for the 9th August includes the  following: “Confidential – ‘contractual’, ‘legal advice’ and ‘may prejudice the  Council or any other person’ which relates to GESAC. Cr Magee – access to two  other legal opinions and his conversation with the Ombudsman. Section 3 of the  Whistleblower Protection Act and S. 76D of the Local Government Act.”

Two things to notice: (1) more money is now being spent on lawyers and the GESAC allocations stuff ups and (2) the whistleblowers act does not enforce the stipulation of ‘confidential information’ whilst the Local Government Act does. So what has all this to do with Magee? Is he being read the riot act by Newton and Burke and accomplices over his support for the McKinnon basketballers? We can only speculate of course, since all of this is carried on behind closed doors. And again, we are expected to believe that NO DECISIONS are being made – only continual straw votes it would appear!

We do however discover that on the 23rd August there WAS a draft submission  to the Ministerial planning Review – it even went to 8 pages. Again we ask: where  is it? Why isn’t this public? Why do such important discussions and decisions which impact on the entire community only occur behind the closed doors of Assembly Meetings? If other councils can publish their submissions and have councillors debate the drafts, then the question must be asked as to why Glen Eira is again the odd man out?

Last but not least there is  again an ‘OH &S’ matter where Penhalluriack leaves the room. We can only  assume that this is again related to Newton’s bullying charges. Oh what  wonderful games are played out in these meetings and how little the public is  informed as to what is really going on and how their monies are being spent.

Below are two extracts from the Auditor General’s Report that are critical of Whittlesea and Hepburn. It’s curious that: 

  • Whittleseas’ acquatic centre comes in for special mention, yet there is not one single word about GESAC in the entire report. Readers will remember the original cost estimates for GESAC and what we’re now saddled with. Further, there is no mention of the additional $450,000 for a car park nor any investigation as to why this wasn’t included in the original ‘business plan’ or design.
  • One would reasonably expect that when a municipality binds itself to a $40 million plus infrastructure project that it would at least deserve one sentence in any report. The fact that there is total silence, makes us scratch our heads and wonder what on earth is going on?
  •  Hepburn also comes in for criticism about its site selection and the additional funding that was required. We should keep in mind the Caulfield Park relocation of ovals as a result of the pavilion construction. Again, not a word from the Auditor General on this little ‘alteration’ after the fact.

Figure 3A

Redevelopment of Thomastown Recreation and Aquatic Centre – Whittlesea

Whittlesea’s redevelopment of the Thomastown Recreation and Aquatic Centre was adversely affected because a robust business case reflecting the project’s final design was not sufficiently developed.

A feasibility study was completed in January 2007 that identified the project’s need, various delivery options and an initial budget estimate of $17 million. However, the design of the preferred option was not sufficiently developed at the time construction started in mid-November 2008. The decision to start the project in the absence of a robust business case was not consistent with good business practice.

The design was changed substantially prior to, and during, the construction phase following consultation with various stakeholders. The ongoing design changes meant that the initial feasibility study was no longer relevant as it did not examine the impact of these changes.

The design changes led to the project’s budget being revised to $24.6 million, and to a dispute and negotiated financial settlement with the contractor who was paid a further $570 300 in additional costs incurred as a result of the incomplete design at the start of construction.

The project is presently around $12.9 million (75 per cent) over the initial budget and $5.3 million (21 per cent) over the revised budget.

Figure 3B

Construction of elderly persons units – Hepburn

Hepburn’s decision to invest in the construction of three elderly persons units without a business case resulted in it committing $591 000 in its 2010–11 capital budget to a project that it later discovered was not feasible on the selected site.

The risks and costs associated with the project were not sufficiently considered in identifying the preferred option, resulting in the need for an additional $150 000 for unforeseen remedial works on the chosen site rendering the project impractical.

The initial proposal was not soundly based, and to date Hepburn has spent $15 000, including staff time, on the original plans.

Hepburn has since decided to carry forward the project’s budget into 2011–12 and to explore alternative sites. A comprehensive business case developed at the outset could have averted this situation.

Council  biometric scanning plan slammed

September 8, 2011 – 11:35AMA digitial scanner used to collect fingerprints.

A union has slammed as an invasion of privacy a move by a local  Melbourne  council to introduce biometric scanning for library workers.

Under  the plan, Monash City Council would require library staff to provide   DNA samples in order to scan workers’ veins using pattern recognition   technology when they clock on and off for a shift.

Australian  Services Union (ASU) assistant branch secretary Igor Grattan says  members have expressed concerns about the security of personal  information and  its storage.

He said swipe cards or PIN codes are preferable methods for workplace  timekeeping or security purposes.

“It’s  got to be easier than storing people’s personal information,  especially  when we don’t know what it all means in the long term,” Mr Grattan  said. “You’ve just got to take a deep breath and think about people’s privacy.”

Mr Grattan said his members have been advised not to comply with the  plan.

Victorian  Privacy Commissioner Helen Versey said in a statement any  organisation  considering the introduction of biometric technology should  conduct a  thorough assessment of privacy implications.

“The collection of  biometric data by the Victorian public sector, including  local councils,  is subject to the Victorian Information Privacy Act 2000 and   organisations proposing to introduce such a system would be well advised  to  seek advice from my office,” Ms Versey said.

Comment is being sought from Monash City Council.

Read more: http://www.theage.com.au/technology/technology-news/council-biometric-scanning-plan-slammed-20110908-1jyok.html#ixzz1XN1DRRns

COMMENT:

It would be fascinating to know exactly how much and what kind of information councils collect about their residents – especially in Glen Eira. Rumours have continually cropped up that in this municipality a tight watch and dossier is kept on:

  • individuals
  • blog sites
  • letters to the editor
  • complaints
  • correspondence

In addition, we wonder whether the following technologies are employed:

  • reverse telephone directories which identify callers (even if they wish to remain anonymous)
  • website tracking
  • files on individuals (usually classified as ‘activists’)

All of the above can of course be explained away as enhancing ‘business processes’ such as improving customer service, improving website navigation, legal obligations, and so on. Wouldn’t it be terrific if residents knew exactly whether or not the above tactics were being employed and, more importantly, for what purpose? Now that would be real transparency and openness!

The question of whether Andrew Newton will have his contract renewed, or whether the position will be advertised, will be answered shortly. If the position is to be advertised, then Councillors must decide in October.

Newton has presided over a traumatic period in Glen Eira’s history. He has been the common denominator in 3 Municipal Investigations, (and we learn that there is another one in progress). Numerous incidents have also revealed how this council remains divided and how little trust or goodwill, exists between administration and councillors. When we look over the history of Newton’s reign, these have been the defining characteristics with each group of different councillors. He is obviously an individual who incites either loyalty or condemnation. In our view, this history does not augur well for a municipality that requires strong leadership and commitment from all.

The past year has seen countless ‘stuff ups’ in a whole variety of areas. GESAC allocations, and then the fiasco of having to increase car parking space; next there’s the whole issue of the C60 and centre of the racecourse; various ‘clerical errors’ have even been admitted and to top it off claims of harassment and bullying against Penhalluriack. None of these events show an administration functioning well and on top of its game. Nor does it reveal an administration that is working in unison with its entire group of councillors.

In our view, to reappoint Newton is to short change the Glen Eira community. Surely it is no coincidence that since his arrival this council has been embroiled in continual governance issues including one sacking. How much more does the community have to endure? It is time that new blood and an entirely new vision was brought in to manage Glen Eira. It’s also time that a new culture that acknowledges the importance of accountability, transparency and openness was created and fully implemented. These principles have been the casualties in the past decade.

Pilling has already gone on record that the position should be advertised. We can only hope that other councillors follow suit. The slate must be wiped clean and a new administration brought in that embraces diversity of views, accepts challenges, and accords the community the respect it deserves.

Council’s  heritage decision panned

Jason Dowling

September 6, 2011
A COUNCIL decision to reject heritage protection for three homes in Caulfield  South – one owned by the mayor  – has been  rebuffed by an independent planning  panel.

Glen Eira councillors ignored the advice of  the council’s own heritage and  planning advisers, and additional advice from independent heritage experts, to  extend heritage protection to all three homes.

In a sharp critique of the council’s decision to push to have the three  maisonette dwellings on the corner of Hawthorn Road and Seaview Street not  heritage protected, the panel found ”there should be good reasons when officer  and expert advice is disregarded but none were provided in this instance”.
When asked by the panel why it had not accepted the expert advice, the  council stated that ”council may form its own view”.The heritage dispute arose when the council discovered a heritage planning  anomaly for the three dwellings.

While the entire building containing the three dwellings was included on a  heritage planning map, only the address of one of the three individual dwellings  was recorded for heritage protection.

One of the two dwellings (2B Seaview Street) in the building not currently  heritage protected is owned by Glen Eira mayor Margaret Esakoff and her husband,  Jack.

Cr Esakoff has declared a conflict of interest and removed herself from  council meetings discussing the issue.

When council staff discovered the heritage anomaly, they recommended  extending heritage protection to all three dwellings. But Glen Eira councillors  rejected the advice of its own heritage staff on two occasions and voted to  begin a process to remove heritage protection from the entire site.

The matter was referred to an expert planning panel and the panel’s findings  were released publicly on Friday.

The panel’s report recommends the council’s attempt to remove heritage  protection from the building be dismissed and calls on the Planning Minister to  extend heritage protection to all three dwellings.

The panel said it was not provided with any justification to disregard the  view of heritage experts that the  entire apartment building deserved heritage  protection.

Read more: http://www.theage.com.au/victoria/councils-heritage-decision-panned-20110905-1jua1.html#ixzz1X5YPNCID

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