GE Governance


Once again we’re grateful to one of our readers who has alerted us to the following. The sublime irony of course is that councils such as this (and Glen Eira one would suspect) are desperate to be officially installed as the ‘third tier of government”.

Councils in confidence

By ABC’s      Ryan Sheales

Updated          October 06, 2011 15:29:42

It seems counter-intuitive.

At Parliament House in Canberra, taxpayer-funded staff film the deliberations of the both houses (and their various committees) and distribute the recordings to hungry journalists. Reporters are largely free to roam the halls, crossing paths with MPs and staffers.

A similarly relaxed environment exists at the Victorian Parliament, where journalists are also allowed free rein, can dine at the parliament’s eatery and film and record the Legislative Assembly and Council.

In each place, a set of guidelines exist so the media don’t get in the way, but access is generally unencumbered.

But it seems these liberties don’t extend to Australia’s lowest level of government.

Not if this reporter’s experiences at the Casey Council this week are any guide.

I visited Melbourne’s largest council, to the city’s south-east, to report on a heated local debate about whether the city’s veteran CEO should have his contract extended without the position being advertised.

I spoke to the council’s media liaison officer earlier in the day and as a courtesy (or so I thought) told her I’d be attending that night’s meeting with a camera crew.

An email soon appeared in my inbox.

In relation to your request to film, Casey’s Local Law states that … any application for … consent [to film] a Meeting must be made, in writing, at least twenty-four hours prior to the meeting to which the application applies.

Accepting this, we arrived an hour prior to the meeting to film the empty meeting chamber, but our camera was barred entry from the entire building.

Two, uniformed ‘Local Law Officers’ politely but firmly enforced this restriction.

The pair preceded to watch me for the duration of the council meeting, at one stage summoning me into the hallway to enquire if I’d been taking photos or making recordings on my mobile phone.

(For the record, I had taken some photos on my phone and the officer watched as I followed his request for it to be deleted.)

Similar restrictions are in place at other Victorian councils, though some do welcome and encourage media coverage.

The local government sector in Victoria employs about 42,500 people and spends roughly $6.1 billion of residents’ money each year.

The reality is that most ratepayers don’t attend council meetings.

If they’re to have any confidence that money is being spent wisely, it has to come through the media’s access and scrutiny of events.

If it’s good enough for state and federal parliaments to run an open-shop, why isn’t it good enough for some councils?

Ryan Sheales is an ABC journalist and former Victorian State Political Reporter.    First posted          October 06, 2011 12:51:05

Last night’s Special Committee meeting was arguably the lowest ethical point in the history of this Council. Following the formation of this secret Committee (and the failure to record this in official minutes, nor to undertake adequate,widespread advertising) the committee outdid itself in refusing to grant Cr Penhalluriack permission to speak – twice!

Penhalluriack sat in the gallery, thereby providing concrete evidence that he has been excluded from this Special Committee. Twice he requested permission to address council and twice this was refused. Given that it is the Mayor’s prerogative to allow anyone to address any council meeting, such a decision is abhorrent to all residents concerned about democratic principles of transparency, accountability and open government.

The gallery was asked to leave so that the entire proceedings could occur in camera – that is, in secret, away from public gaze, and with no expectation that anything will be reported in the minutes.

On another issue, we recommend that residents look at the published agendaand note that the specific reason why the meeting was not to be public has not been declared as required under the Local Government Act. With three lawyers on council, a corporate counsel with a budget of over $1.3 million, one is entitled to start asking questions about the legal processes, and prowess of these legal eagles!

To quote Andrew Bolt, free speech was assassinated last night in a performance that will go down in history as the antithesis of what good governance is all about.

What would any reasonable person conclude from the following sentence? –

“Council can assure you that emails to Councillors are treated in accordance with the wishes of individual Councillors”.

This sentence comes from the response to a public question (10th April, 2006) and signed off by the then Mayor, David Feldman. It suggests that vetting, intercepting, archiving, of emails is done with the INDIVIDUAL CONSENT OF EACH COUNCILLOR. Reality, however might suggest something entirely different. We might even contemplate whether each and every councillor is aware that this happens, the full extent of the ‘surveillance’, and if they are aware, whether or not they have ever granted their unequivocal, individual consent. It also raises many legal questions as to what constitutes ‘official council business”. If residents email a councillor inviting him/her to a private party because he/she happens to be friends with these residents, then what right have anonymous officers got  to view such private emails? And who is the ultimate arbiter of ‘official business’ anyway? The real issue though is how can something be classified as ‘official business’ unless it is first opened and read by an anonymous council-appointed censor?

The Whelan Report made it absolutely clear that the siege mentality of this administration is to gather as much ‘information’ (on councillor activity?) as possible –“The administration has adopted the practice of retaining copious records as protection against possible accusations by Councillors”. Logically then, in order to sift through what might be ‘accusatory’, everything must be captured, logged, archived, and kept in a little black book on someone’s desk.

Surveillance is enshrined even further through the Staff Code of Conduct – “Staff members must keep their manager/Director informed about information/requests from Councillors. If a matter is of interest to a Councillor, the Councillor may raise it with the Director or CEO and they ought to be aware of it so that they can respond effectively. The only officers who are authorised to provide written information to Councillors are the CEO and Directors. This includes faxes and emails. The reason is that the CEO and Directors meet regularly with Councillors and are aware of the context of requests and issues. All written information to Councillors goes via the Councillors’ secretariat in the CEO’s Office”.

In most organisations, this is innocuous and reasonable. How benign such as state of affairs is in Glen Eira is the fundamental question. Senior administration have elevated themselves to the role of self-appointed gatekeepers, collecting and feeding whatever information they want to councillors. Further, it could be argued that other staff are dragooned into being pseudo spies, reporting every conversation and request to those on high. We know of repeated councillor requests for information which have failed to materialise, or have been delayed for so long that the issue is dead and buried.

One thing is absolutely clear to many residents. The corporate culture of Glen Eira is in desperate need of change. Only Councillors can enact this change – if there’s the will and the courage – as demonstrated in the Gold Coast councillors’ resolution.

Lucas dodges council email scandal

Ken Vernon   |  August 5th, 2011

AN urgent investigation into the interception of that city councillors’ emails by council bureaucrats could see top officials losing their jobs or even jailed.

But Deputy Premier and Local Government Minister Paul Lucas said the intercepts were `essentially an internal matter for the council to resolve in the absence of any significant breach of the Local Government Act’.

According to Gold Coast criminal lawyer Bill Potts, the council may have no choice but to report the matter to police.

“Under the Local Government Act, the council is obliged to report possible criminal acts to the police and there is no doubt that intercepting private emails is a criminal offence,” he said.

“Such actions are offences under both the Privacy Act and the Telecommunications Act and criminal charges laid against council officials could result in jail terms if they are found guilty.”

He said the council could also be liable for damages to people whose privacy was breached when their emails were intercepted.

He said the CMC also had the power to independently investigate and while suspects had the right to refuse to answer questions from the police, the CMC had coercive power to force them to answer.

Yesterday Mayor Ron Clarke ordered an inquiry into the email interceptions with a report to be presented to Council on Monday.

The council’s communications department yesterday refused to say whether the interception operation was still in effect.

“Well, I can only assume it has stopped,” Cr Clarke said. “It better be.”

From Channel 9 News –

Permission needed to vet councillors’ email

10:48 AEST Tue Aug 9 2011

Bureaucrats will no longer intercept  the emails of Gold Coast City councillors without their permission. A row erupted last week when Mayor Ron  Clarke discovered emails from two people classed as serial pests were being  intercepted and screened by senior officials.

Some emails, threatening violence, have  been referred to police.

While a few councillors are happy to  have nuisance emails screened, most objected.

Council voted on Monday to immediately  stop officials intercepting incoming emails or letters.

The mayor’s motion that “under no  circumstances can the Chief Executive Officer or any administrative staff,  intervene or censor any mail, be it electronic or standard” was carried  nine votes to four.

Mr Clarke says any councillor who does  want pest emails diverted or stopped can simply give the CEO permission to  intercept them.

“To me the principle is that no bureaucrat interferes in any way, shape or form, with any email or mail or  telephone calls to councillors,” he told AAP on Tuesday.

“Councillors are there to represent the people and for better or worse, wherever they come from, they should be able to handle their correspondence otherwise they shouldn’t be in  the position.

“More importantly the ratepayers  should be confident that whatever they send to their councillors will get to  them.”

The mayor said he’s happy to get emails  even from serial pests labelled as “vexatious complainants”. “You don’t want emails saying what  a good job you’re doing all the time, you want to find out what you’re not  doing right and who is being upset,” he said.

COMMENT: Several public questions over the years have asked why emails to councillors have at times been intercepted by various officers PRIOR to their being received by the councillors to whom such emails were addressed. The responses have been that councillors ‘agreed’ to this ‘policy’. As far as we know, such a ‘policy’ has never seen the light of day, and certainly the current crop of councillors have never officially voted on such a surveillance technique. Perhaps councillors would be willing to state openly their opinion(s) on this issue and whether or not they believe that their private communications to residents and colleagues, (whether or not it is on so called ‘council business’) should be hijacked by various unelected officials?

More fun and games are in the offing with the creation of a Special Committee to consider whether or not to reappoint Andrew  Newton. An alert reader notified us of this fact via an advertisement placed in today’s (Monday) Business Age. Questions thus abound:

  • Why a Special Committee? Does this mean that we will have another C60 fiasco where not all councillors will be included on this committee?
  • Special Committees must have agendas, minutes, and notification to the public. There’s nothing up on the council website – yet there’s been time to place an ad in The Age where the chances of anyone finding it are practically zilch!
  • Will the committee work behind closed doors and ‘confidentiality’ to avoid publishing minutes, etc?
  • Will Lipshutz, Hyams or Esakoff chair this committee?
  • What are the terms of reference? This must be made public.
  • And don’t you love the title!

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.

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