GE Governance


Fess up, councillors

MP slams Glen Eira spin on report

A LOCAL politician has lashed Glen Eira Council following the release of a damning report. Bentleigh Labor MP Rob Hudson said he was ‘‘very concerned’’ at the revelations in the report by the Local Government Investigations and Compliance Inspectorate.

The council had already breached chief municipal inspector David Wolf’s main recommendation to be more open and transparent by refusing to publish the report on its website, he said. Residents have to phone the council’s service centre to obtain a copy.

Mr Hudson said the media release about the report was ‘‘a complete obfuscation’’ of what the inspector found. ‘‘That’s unprecedented,’’ he said. ‘‘Every other report goes up on the council website. To put out a media release that doesn’t properly convey what the inspector found . . . puts a spin on what the inspector said.’’

The inspectorate completed a nine-month investigation into 27 complaints of alleged conflicts of interest and misuse of position.

‘‘If you read between the lines, this report is a substantial rap over the knuckles for the councillors and the way the council operates,’’ Mr Hudson said. ‘‘Given the council has already been dismissed once I would have hoped the councillors would have learned the lessons from that.’’

Inspectorate spokeswoman Samantha Murray said the organisation could provide advice but the report’s details were ‘‘a matter for council to discuss’’. Mayor Steven Tang said the document had been made available. ‘‘While it was . . . private and confidential, council is determined it’s not kept confidential.’’

TANG’S LETTER

With reference to the article Get back to basics, Caulfield Glen Eira Leader, September 7, 2010, the inspectorate found in relation to the majority of complaints that there was no breach of the Act or no evidence to support a breach of the Act.

In fact, four of the five examples cited by the Leader were found to be in one of these two categories.

This is clearly different to a finding of insufficient evidence to prosecute. Council welcomes the recommendations.

It must also be noted, however, that the inspectorate has chosen to make recommendations as a result of this investigation rather than taking the many more punitive actions available to it.

Cr Steven Tang, Mayor, Glen Eira City Council.

For the third time, a municipal investigation into Glen Eira Council has basically revealed itself to be a total whitewash. Over the coming weeks we will dissect each finding made in the report and point out its fallacies, and its loopholes.

We’ll begin with the finding that councillor Requests for Reports are delivered in a ‘timely’ manner and that officers have fulfilled their duty by carrying out council resolutions.

On the 16th October, 2007 the following request for a report was made by Lipshutz and 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”.

The motion was put and CARRIED UNANIMOUSLY.

No such report has ever been tabled at Council Meetings! Timely? – only 3 years late and still counting!

Even more damning is the fact that on April 7th, 2010 a public question by Mr. Campbell asked:

“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 was:

“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.”

When we go to page 52 of the 2008/9 Annual Report, this is what is there –

  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 large 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.  

 

Conclusions: 

  • No report has ever been tabled at Council
  • Three years later NOTHING HAS BEEN DONE
  • Public question remains unanswered as to what and when
  • Lipshutz, since you moved the motion for a report, what have you done about this?
  • The comment seems to indicate that the depot will NOT BE MOVED, only reduced in size! This is not what the request for a report stated, nor what the answer to the public question inferred.
  • If this is correct, then when was the decision to ‘downsize’ made, and by whom?
  • Doesn’t the Annual Report contradict the answer to the public question?

 Like everything else, this council seems to be of the belief ‘out of sight, out of mind’. We’ll bury the detail, keep the residents ignorant, and go on in our merry way! That all this is acceptable to councillors, inspectors, and Ministers is damning in the extreme. It certainly is not acceptable to ratepayers!

The minutes of June 29, 2010 record the following as part of an answer to a public question:

“The nine Councillors meeting as the Council set policy and the Council Officers implement policy. The policy as set by Council is one of reasonable laws reasonably enforced.”

It’s amazing that if this is in fact a ‘policy’, it is not to be found in ANY MINUTES of ANY COUNCIL MEETING!

What’s even more revealing is that Council itself refers to this phrase, not as a ‘policy’, but as a ‘motto’. We direct readers’ attention to the Quarterly Reports  Sections 13.9 and 13.10 – http://www.gleneira.vic.gov.au/Files/Sevices_Report_June_2009.pdf

We highlight this issue as it again goes to the heart of good governance. Policies are meant to be tabled, endorsed, and ratified at full council meetings. ‘Reasonable laws, reasonably enforced’ thus remains a figment of the imagination, a convenient slogan that is capable of camouflaging abuse, discrimination, and lack of accountability. There are no guidelines, no criteria, no public dissemination, of how, when, and why such a MOTTO will be interpreted and implemented. Nor is it clear whether this ‘motto’ applies to all laws, or just certain ones. If someone is two minutes late back to their car only to find a parking fine, will ‘reasonable laws, reasonably enforced’ also apply?

The past few months have seen repeated public questions from a social soccer group. They seek answers to why, when they have a permit costing $1600, council does not fine other groups who do not have a permit, and who repeatedly use sporting grounds that are not allocated to them. These questions have invariably focused on the meaning of council’s oft used phrase ‘reasonable laws, reasonably enforced’. In this instance, we surmise the following:

  1. It would be too embarrassing to go through another ‘kids in the park’ fiasco where John Brumby, Ian Thorpe and other luminaries castigated Council severely for their actions in threatening to fine a bunch of school kids for running around Princes Park.
  2. $1600 is chicken feed compared to the permit fees paid by other clubs – so this group of social soccer players is ‘expendable’!

But, all this begs the question of good governance and councillors’ failure to question and act. Their simple ‘request’ to be ‘consulted’ before fines are enacted is laughable. What does this mean in reality and will it apply to all infringement notices, or just to the social soccer people? Why aren’t the public privy to all so-called ‘policies’? When will councillors actually do their jobs and SET POLICY, that is open, transparent, and in the best interests of all community members. To hide behind slogans that are trotted out whenever convenient is not good government!

It’s only taken a week, but seems that there is some movement at the station. In an absolutely dramatic move, the media release of the Inspector’s findings has finally made it onto the Glen Eira homepage!! No more hunting about on an impossible website, no more attempts to sidestep what the Leader and Glen Eira Debates has publicised. There it is, in full public view! Mind you, this is only the MEDIA RELEASE! The actual report is still off limits so it seems. Such courage from councillors is to be commended. Yes, we are moving at a snail’s pace towards transparency and accountability as recommended by the report! Well done councillors!

We have finally received a copy of the Municipal Inspector’s Report and have uploaded it into our permanent archive, under the heading INSPECTOR’S REPORT.

A short foreward first! We believe that the report was released to the media last Wednesday, without the knowledge of all councillors. In other words, there was a leak! Further, we have also learnt that once an individual went to council chambers requesting a copy of the findings, the service desk were under instructions to call down someone like Paul Burke, or other directors.

The media having in its possession the report, sought feedback from community members. The report has thus been widely distributed and we now place it for all to see on our website. Please read it carefully, and offer your comments. The findings, the processes adopted by certain individuals within council, are of major concern.

POSTSCRIPT: We’ve taken up a suggestion made by one of our readers and uploaded both the 1998 Walsh Report and the 2005 Whelan Report. Wonderful symmetry here – Walsh, Whelan, Wolf and Walker! These earlier reports are now also archived under  Whelan and Walsh Reports on the left hand side of the homepage.

From council minutes (31st August, 2010)

URGENT BUSINESS
Crs Lipshutz/Magee
That an item of Urgent Business be considered in-camera after Item 12.4 pursuant to S.89(2)(e) relating to the investigation by a Municipal Inspector.

The MOTION was put and CARRIED unanimously.

There was no report on the outcome of this ‘urgent business’.

PS: Section 89 outlines the reasons when a meeting may be declared closed to the public. Section 89(2)e states: “proposed developments”!!!! A typo perhaps? Or anything will do?

48 hours down and still no sign of the Municipal Inspector’s findings on Council’s website! What’s the holdup? Why can’t such a simple thing be seen to immediately? Makes us think that perhaps the ‘in camera’ discussion did not augur well for the community; that councillors may be reluctant to release the report in a format that is easily accessible 24 hours per day, can be sent around to all and sundry, and which may contain some major (or minor) embarrassment for certain individuals.

Expecting residents to roll up to Council, hat in hand, asking for a copy is simply not good enough in 2010. Besides, this council has often cried ‘wolf’ when it comes to photocopying costs on such things as public submissions and public questions. So how much will it cost to print off perhaps hundreds and hundreds of the Municipal Inspector’s report!

Come on councillors. Show some guts – fulfil your obligations to govern in an open and democratic manner. Hiding behind the service desk does you no credit!

Media release from council, Wednesday 1/9/2010 

Investigation makes recommendations 

 Glen Eira City Council has now officially received the findings of a Local Government Investigations and Compliance Inspectorate (Inspectorate) investigation into the Council.  

The Inspectorate investigated complaints about the Council and individual Councillors. The Inspectorate also investigated complaints about the performance of Council officers. The investigation found no prosecutable breaches, but made a number of recommendations to improve business practice and the community’s perception of Council. In relation to Council officers, the investigation made no adverse findings and no recommendations. The first complaint was received in November 2009. Of 43 complaints received, both prior to and subsequent to the investigation being made public, 27 were investigated. 

The recommendations include comprehensive Councillor training, ensuring consistency in the accuracy of minutes of all meetings, electronic mail procedures, ensuring committees are properly constituted and the need to avoid unauthorised opinion on behalf of Council. 

Other than the recommendations made, the Inspectorate has determined that no further action is warranted in relation to the complaints. It is apparent that a number of complaints were dismissed as there was no evidence to support a breach of the act. 

To the extent that the Inspector had concerns with councillors’ accountability and transparency, they related to conduct concerning the CEO reappointment process and contract that properly took place confidentially. There was no suggestion that the Council or councillors were improperly concealing any activities or deliberations from the public, rather that proper records had not been kept. 

The functions of the Inspectorate include:  

  • breaches of the Local Government Act 1989  
  • Investigating allegations against councillors and senior council officers concerning Local Government Act 1989
  • Conducting compliance audits with all Victorian local councils for requirements under the Local Government Act, 1989
  • Monitoring the corporate governance of councils
  • Monitoring electoral provisions
  • Undertaking prosecutions for breaches of the Local Government Act;
  • Recommendations for matters to the Victorian Civil and Administrative Tribunal (VCAT)
  • Provide recommendations to councils for continuous improvement
  • Providing advice through the Secretary of the Department of Planning and Community Development to the Minister for Local Government where there is serious failure of corporate governance.
In this instance the Inspectorate has determined only to make recommendations to Council for improvement.Councillors commit to the highest standards of accountability and transparency and will work with officers to produce a framework for the implementation of the recommendations in response to the Inspectorate’s findings.
Complainants will receive individual notification of the outcome of the investigation in relation to each particular complaint they have made.
Copies of the full report are available from Council’s Service Centre on 9524 3333.  

 

Once again we witness the attempt to ram through a vital policy document that will set the strategic direction of ‘environmentally sustainable development’ in the municipality for years to come. We have chosen the phrase ‘ram through’ deliberately. Time and time again, Glen Eira has produced draft policy documents that do not stand up to close scrutiny, nor do they ever address the concerns raised by residents.

On Tuesday night, councillors will be expected to vote on a policy that is inept, lacking vision and detail, and which fails to provide indicators that can effectively gauge the success or failure of the proposed objectives. In fact, the entire process needs to be critically questioned. Where has there been open discussion? Council cites one forum which took place in 2009, and then the call for submissions. The final draft, regardless of what council claims, again ignores these submissions in all important areas. Yet, the powers that be, expect this to be voted on.

If council is genuine in its desire to ‘consult’ and ‘engage’ with the community, then the following must happen:

  1. The vote on this policy is deferred
  2. Those submitters wishing to address council be given the opportunity to speak
  3. Suggestions made by residents and not accepted by council deserve full and comprehensive reasons as to why those suggestions have not been taken up.
  4. Blatant errors in the draft be explained – ie. with a staff of 1000 well paid individuals, residents should expect that correct information is supplied, evaluated, and incorporated into such strategic documents.
  5. Responses to submissions deserve more than the one sentence ‘brush off’ found in council’s summary/response notes.
  6. Action plans, MUST MEAN MORE THAN “CONSIDER”, “INVESTIGATE”, “INFORM”. Council needs to get its language right, and begin to realise that the public will no longer accept platitudes and motherhood statements as substitutes for ‘action’ on important issues.
  7. Councillors must reject this draft; send it back to the drawing board, and insist on full, and open public consultation.

 

The above comments perhaps sound harsh. But we’ve taken the time to carefully digest all of the published submissions. They are thoughtful, insightful, and offer much that is of concern and value to the community. The simple fact, that most of these comments have largely been ignored is unconscionable. We invite all interested residents to read the following which are verbatim extracts from some of these submissions. Please note that there was plenty more that could have been included.

Extracts:

 …the strategy does not seem to be a particularly strategic document

Many peer councils have established sophisticated and strategic documents which do not appear to have been adapted by GEC in this instance. The absence of quantifiable and measurable targets and priorities is perhaps the single greatest gap in the strategy. There exist many measures, benchmarks and standards to assess progress towards integrating sustainability into the diversity of council powers and responsibilities. The range of actions listed in the Action Plan 2010-2012 often bear no relation to the vision or the core areas identified, nor the analysis. For example the failure to include references to e-waste in the core document but listed under the action plan reinforces the impression of a piecemeal approach.

The statement about balancing environmental with economic and social considerations appears to undermine the vision. It is suggested that this be addressed more fully and spell out how council will approach reaching ‘best practice’ and which standards or benchmarks will be applied.

There is no reference in the Strategy to Planning and urban design issues. Some references are made in the action plan, but without an overriding purpose and sense of direction. This is one area where council can have a powerful long-term impact on the built environment. Given the pace of development in the municipality, clear direction to developers is urgently needed. We are building poor housing stock which will be grossly unsustainable for many decades, due to lack of attention to basic siting, shading, water and energy consumption post development. Action to adopt the STEPS/SDS process would have a much greater impact than hundreds of information fact sheets.

It is a puzzle why the section on low cost council is included in the document. How does this relate to the community ratings and findings that council demonstrate leadership that historically has not been funded through rates or other tiers of government. How does council propose to address this growing community demand within its low cost model and where GEC wishes to position itself? Surely council cannot realistically achieve its vision without considerable growth in investment in environmental sustainability. Waiting for other levels of government to act has meant GEC has missed out on millions of dollars of partnership opportunities with State and Federal government and other providers.

Providing information as the main role to households and business is not in accordance with current best practice, nor with the leadership role outlined for Council in 2.5

Local government does not have ‘limited opportunities’ to influence greenhouse gas emissions in the community. On the contrary, Local Government has been a most active and influential player where it has committed and acted on community engagement. Local governments have developed policies, targets, programs, established partnerships, advocated and worked with the active community members to enable changes at the local level.

Paragraph 6 is incorrect. Several councils already adopted zero emissions targets, both for corporate or community emissions by varying specified dates.

The information on street lighting being a Victorian govt jurisdiction is not correct. The asset is privately owned with council responsible for the energy bills. There is absolutely no indication that state government will bear any costs for replacement to T5s. Council should look to a financial plan to change over lights. Installations are being updated elsewhere, for example, in Frankston

The action plan lists many areas for investigation without a clear intent or strategic goal. This risks an ineffective and inefficient use of council resources. ‘I investigated and found it was too costly, too hard,’ does nothing. Council must relate its practices to those best practices occurring across councils in Melbourne, set clear goals, standards and benchmarks. Setting a 5 star green standard for all new building means something. Becoming more environmentally sustainable these days does not and is no longer satisfactory performance for any municipality with the resources available to Glen eira.

In my view, the proposed waste management policy fails to meet the objectives of the vision statement. We are not getting ‘value for money’ and the policy will not help residents ‘improve the sustainability of their households’. The council needs to do a lot more homework on this issue....

An area of key interest to me concerns the protection of significant trees on private and public land….I note that this topic is covered by a two line sentence in the draft strategy, namely “to prepare options to identify significant trees on private and public land and a means to protect them.” While this is a good first step I am most concerned that it does not go far enough. In the first place the strategy only requires this action to be implemented by July 2012…..furthermore the action only calls for the development of options to identify trees and the means to protect them. It should include an implementation clause to ensure that procedures are actually put in place to protect the trees. Developing options cannot be a two year task. There are plenty of examples of procedures elsewhere.

 

The Draft document states that council ‘has limited ability to protect and enhance the local natural environment..’ this is clearly not the case. Council manages many hectares of park and street vegetation, and also has a role in managing water, energy consumption, pollution, pesticide and herbicide use, all of which impact on biodiversity. Council has a role in urban planning, including decisions about public open space and permeable areas mandated for developments.

The Draft document has confused biodiversity issues with other environmental issues. For example, ‘native vegetation’ is not necessarily indigenous vegetation, and ‘purchasing environmentally friendly products and services’ does not necessarily protect biodiversity. Nor does ‘effectively’ discharging storm water protect biodiversity. There is a need to integrate biodiversity strategy with other strategies, especially street tree strategy, water strategies, and urban building codes, otherwise biodiversity initiative might be annulled by contradictory policy in other areas.

Residents would expect council to be moving progressively toward building a sustainable future based on being socially sustainable, economically sustainable, and environmentally sustainable. The draft seems to recognise this objective but fails to draw up a strategic document that could be used effectively as a planning instrument to fulfil this goal of becoming a sustainable council.

The following article appeared in yesterday’s Caulfield Leader –

 

Letter uproar: Councillors slam former deputy over CEO allegations

“GLEN Eira councillors have strongly denied former deputy mayor Helen Whiteside’s claims of ‘‘bad governance’’ and ‘‘unacceptable behaviour’’ while continuing to suppress her threepage letter of resignation.  

Councillors were to vote on whether to release the letter at last week’s council meeting, but Cr Michael Lipshutz moved a motion to just ‘‘note’’ her resignation instead. Though Cr Jim Magee pushed for it to be made public, his requests were largely ignored.

Mrs Whiteside has provided more detail about her decision to quit on July 30. She said she wanted to know why the cost of reappointing chief executive Andrew Newton – who has held the role for 10 years – soared from $6500 to $44,000. Mr Newton was reappointed for two years in April. ‘‘I was aware of the cost and how it was escalating,’’ Mrs Whiteside said. ‘‘I was on the committee and I was not kept in the loop. I was appalled the cost of reappointing him was over $44,000 when I left office.’’

Mayor Steven Tang refuted suggestions of bad behaviour. ‘‘To the extent former councillor Whiteside’s comments are based on attributing ulterior motives to opposing views, I reject this inference wholeheartedly,’’ he said.

Cr Michael Lipshutz said he was saddened and disappointed ‘‘that Helen has not only resigned but has done so with spite and malice denigrating in such an untruthful way the council and her colleagues’’. Cr Margaret Esakoff is the new deputy mayor.” (end of article)

It is with sheer amazement that we read Whiteside’s ‘explanation’ for her departure. If this is not disingenuous then we don’t know what is! Professed concern for ratepayers $44,000 is ‘noble’ – but hey! This information was made public months and months ago via a public question. So it’s only now that Whiteside quits? Why the silence for months and months? Perhaps the real reason is not our hard earned cash being spent, but the simple fact that her preference was a five year term for Newton. Seems that her admitted ‘disappointment’ at the two year contract is a more plausible reason. Further, given Magee’s support of this position, then of course he would also push for the release of her letter.

Then we have the ‘other side’ – Lipshutz and co. Seems that their tirade against Whiteside and the resultant bad publicity, has cautioned them to write the following epistle which appeared in today’s Moorabbin Leader under the tag line We’re Here to Help

“We write in response to an article ‘Glen Eira councillor walks out’ (Leader August 11th).  As Glen Eira councillors we have sworn an oath to undertake the duties of the office of councillor in the best interests of the people of the municipal district of Glen Eira.

We understand that in representing the people of Glen Eira we will disagree from time to time.

We respect each other’s right to hold informed but different views and have always understood that disagreement does not mean disharmony.

We encourage a spirit of debate at council where councillors may respectfully take diametrically opposed positions on one issue and then strongly agree on the next. These differences do not affect our ability to maintain professional and cordial relationships.

We look forward to welcoming our new councillor colleague and offer him or her all the assistance required  to fully and effectively represent the Glen Eira community.”

City of Glen Eira councillors.

We can now really rest assured that the ‘spirit of debate’ is alive and well and that there is no ‘disharmony’ within the wonderful ‘club’ that is Glen Eira!

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