GE Governance


Lipshutz in his tirade again Whiteside claimed:

“all Councillors without exception and whether or not agreeing with each other have concentrated on the issues and have not allowed any personal differences to impinge upon their work as Councillors. This is clearly reflected in the voting pattern inasmuch as there is no voting pattern.

‘No voting pattern’ – you’ve got to be kidding. Residents have been repeatedly told that councillors engage in ‘robust’ and ‘vigorous’ debate. Pity is, that this does not occur in the Council chambers – only behind the veil of secrecy of councillor briefings. Councillor briefing meetings are meant to ‘inform’, not to orchestrate voting patterns that will later be performed for the gallery in the council chambers.

As evidence of the above, we ask readers to consider the following table. We have gone through the minutes of every council meeting since the election of the current crop of councillors and added up the number of resolutions put to the vote, and the actual number that were passed unanimously. The results are staggering – just on 90% of resolutions/recommendations have been passed unanimously. The vast majority that were merely ‘carried’, involved planning applications. Even here, the ‘carried’ vote overwhelmingly supported the officer recommendations. Paltry amendments came into play only when there were plenty of objectors!

The stuff that really mattered, such as major policies, and shoddy/misleading reports by council officers, were to an incredible degree accepted fully and generally without amendment. The last council meeting which was jam packed with important strategies that will determine future directions were all passed unanimously with some innocuous amendments such as ‘advocating’ to state and federal governments.

Please note that in the numbers provided we did not count such votes as leave of absence, confirmation of previous minutes, etc. 

The table is a sad indictment on the gross failure of Glen Eira Council to conduct itself with integrity. Add to the table the even more startling fact that most votes are taken with little or no debate, then the whole governance process reeks with repetitive breaches, over an extended period of time, of the provisions of the Local Government Act for open, transparent, and honest conduct of Council meetings. Clearly the whole council should be sacked.

Dateof Council Meeting No. ofResolutions for each meeting No. of resolutionspassed

UNANIMOUSLY

9th December 2008 2 2
16th December 2008 23 23
3rd February 2009 13 12
24th February 2009 22 19
17th March 2009 19 16
7th April, 2009 18 17
30th April 2009 10 9
12 May 2 2
19th May 2009 13 12
9th June 2009 17 13
30th June 2009 26 24
21st July 2009 19 18
11th August 2009 8 7
1st September 2009 21 20
22nd September 2009 14 13
13th October 2009 19 15
4th November 2009 19 19
24th November 2009 21 18
15 December 2009 25 22
2nd February 2010 13 12
23rd February 2010 12 10
16th March 2010 8 6
17th March 2010 1 1
7th April 2010 9 9
27th April 2010 13 11
17th May 2010 19 17
8th June 2010 16 14
22nd June 2010 1 1
29th June 2010 23 20 (and one lost motion)
20th July 2010 17 12
10th August 2010 18 18
     
TOTAL 461 412 EQUALS 89.37%
     

From the minutes of August 8th 2010 Council Meeting –

Right of reply

(a) Cr Lipshutz – “I wish to make a personal statement and it arises from an article in The Leader that was published today.

Helen Whiteside was first elected in 2005 with me. Indeed we campaigned together and worked closely together since that time. We are not only colleagues but friends, showing very similar views as to what sort of city we wanted Glen Eira to be. Accordingly while I wish to pay tribute to the significant work Helen performed as a Councillor, I have to say I am saddened and disappointed that Helen has not only resigned but has done so with spite and malice in denigrating in such an untruthful way the Council and her colleagues. Colleagues who honoured her by electing her as a Mayor and a Council which she once lead.

I firmly believe that we were elected to make decisions on behalf of residents but equally as a functioning democracy we don’t always win every battle. You win some. You lose some. But essentially the Council or indeed any level of government to function properly there must be respect that the majority decision prevails. One does not take one’s bat and ball home merely because you lost a vote. You didn’t agree with the umpire’s decision. Regrettably, Helen has been unable to accept the majority decision. I recall that when she was first elected, she was faced by attack by certain members of the public about her role as a nurse. She wanted to resign. When she was elected I said only the preferences from Cr Penhalluriack and me she was miffed and wanted to resign. In each case, she was successfully prevailed upon to remain. In this case she could not accept the decision with respect to the re-appointment of the CEO and removed herself from her colleagues. She fomented dissent and division and ceased to be a team player.

 In a leading article in The Leader she cites her reason for resigning as the continued investigation by the Local Government Investigation and Compliance Inspectorate, the re-appointment of the CEO and some Councillors’ unacceptable behaviour.

It is my considered view that Council has worked well, co-operatively and respectfully to each other and Officers. I am unaware as to any matter of such magnitude as would warrant a resignation and indeed all Councillors without exception and whether or not agreeing with each other have concentrated on the issues and have not allowed any personal differences to impinge upon their work as Councillors. This is clearly reflected in the voting pattern inasmuch as there is no voting pattern. Councillors look at issues and decide on issues and not on personalities. It is decidedly healthy that there are differences of opinion and that those opinions whether expressed here in the chamber or elsewhere are stated without fear. On occasions debate and discussions have been robust but in all the time that I have been a Councillor we have always been able to agree to disagree. There’s only one Councillor in all the time that I have been on Council has been unable to do so – it has been Helen who removed herself in recent times from the Councillor Group. Clearly she does not wish to be associated with the other 8 Councillors. Who was guilty of bad behaviour? 

Helen has also raised the ongoing investigation. Let it be clear that the Inspectors have told me that the Inspectorate will investigate any matter brought before them no matter how spurious. This Council and every Councillor has not only fully cooperated with the Inspectorate but has afforded the Inspectorate access to every document for which a request has been made. I totally and categorically reject any suggestion that Councillors have not complied with the Municipal Inspector’s requests. 

Any suggestion or any or innuendo to the contrary is absolutely false. Helen has also asserted that there has been no that there have been decisions made leading to bad governance. Regrettably again she forms that view because she was a minority position. While we can always do things better I am confident that Councillors are well aware of the need for good governance and we have complied with all requirements. 

I can respect that Helen in keeping with her record of threatening to resign when the going gets tough has now resigned but I find it unacceptable and inappropriate that in doing so she has demeaned and denigrated the organisation that she has led as a Mayor.

It is sad that Helen has sour grapes towards her colleagues but to suggest that Council is not united, to suggest that Councillors are or have been engaged in bad behaviour or that there are significant governance issues is not just incorrect but is plainly wrong. 

I, for one, have never considered resigning, nor will I. Barring any unforeseen circumstances, I will be serving my full term and I am committed to ensuring this Council continues to work as it has to date: co-operatively, respectfully and diligently. When I lose a vote, I will not pack up and leave.

The Local Government Act permits a council (ie by formal resolution in an open council meeting) to impose various service charges. Section 162 of the Act states:

 (1) A Council may declare a service rate or an annual service charge or any combination of such a rate and charge for any of the following services-

    (a)  the provision of a water supply;  

   (b)  the collection and disposal of refuse; 

   (c)  the provision of sewage services; 

   (d)  any other prescribed service.

A Special Council Meeting was called on May 11th, 2010 where the following was adopted unanimously:

“The Act requires that Council advertise the proposed Budget i.e. make it publicly available for information and comment.

An information session will be held for the public on Monday, 24 May 2010 to provide an overview of the 2010/11 draft Annual Budget.

The public have until 10 June 2010 to lodge Budget submissions.

Budget submissions received from the public will be reported to Council at the Special Council meeting of 15 June 2010; thereafter, the Budget will be submitted for adoption.”

The PROPOSED BUDGET included the increase in charges for waste collection of a 240 litre bin from $151.20 to $260.00 per annum. An additional $20 was added to the previously announced charge of $240

Yet, in a letter signed by the Mayor, Cr. Tang, and dated the 23rd April, 2010 there is stated unequivocally the following:

“Given the additional cost of collecting waste, the garbage charge for a 240 litre bin will now be $260 for the 2010-2011 financial year’.

We raise this issue and ask:

  1. How can Tang declare any service charge increase PRIOR to a full council resolution?
  2. Did councillors even know of this letter?
  3. What does this say about the governance practices and open decision making at Glen Eira?

Ironically, in the same minutes of 11th May, at item 9.12, we are told that Council’s share of the Clayton tip revenue will reap $637,000!!! The stated cost of the State government land fill levy was also $600,000!!!

The most important issue though is that of governance and due process. Tang’s letter makes it absolutely clear that the decision to impose the $20 surcharge had  been made before it was even discussed in Council. We wonder if other councillors even knew of this letter, or even had the opportunity to debate it before it went out. Not only does it usurp their power as a council, but it mocks the whole principle of transparent decision making and potentially the law of the land.

From Agenda items for Tuesday’s Council Meeting:

“Cr Whiteside’s submitted a three page letter of resignation. Councillors have been provided with a copy of her letter. Her resignation took effect on Friday 30 July” 2010.”

AND

“Determine whether to publicly release former Cr Whiteside’s letter of resignation with any redactions as may be deemed necessary pursuant to S77(2) of the Local Government Act 1989.”

Once more there is plenty of scope for speculation. Did Whiteside spit the dummy over policy issues? If so, then surely the community has every right to know the bases of such policy disagreements. Only when issues are out in the open, and individuals given the opportunity to mount their case will residents receive the kind of council they expect. The cloak of silence is anathema to good governance.

Or, did Whiteside’s letter denigrate officers/councillors? If so, then this still is no excuse for secrecy. Both Councillors and officers are afforded the opportunity under Local Law to engage their ‘Right of Reply’. This has been done numerous times in the past.

Or, was the Municipal Inspector’s involvement the catalyst for this final spitting of the dummy? Who knows?

One thing is clear – Whiteside could have announced her retirement at next week’s council meeting. She chose not to. Three typed pages also does not suggest an amicable departure. Nor does the potential gag of the ‘confidentiality clause’ fill residents with confidence. The test now is to see what individual councillors decide and their ‘reasons’ for such decisions.

From council’s website:

“Cr Helen Whiteside submitted her resignation from the Glen Eira Council on Friday 30 July.

Helen served as a Councillor 2005 – 2010 (re-elected 2008), as Mayor in 2009 and Deputy Mayor in 2010. She served on the following Committees: Audit; Animal Management; Arts & Culture; Community Grants; Roads and was a Trustee of the Caulfield Racecourse Reserve Trust.

The Victorian Electoral Commission is responsible for the filling of the vacancy.

In the meantime, residents should deal with other Camden Ward or Glen Eira Councillors”.

That a matter concerning a request from Council’s Solicitors, Norton Rose, dated 15 July 2010 seeking instructions from Council to allow them to meet a 23 July 2010 deadline be treated as a matter of Urgent Business. And that this item of Urgent Business be dealt with in the Confidential part of this Council Meeting as the first item of business under S.89(2)(f) Legal Advice.

 

The MOTION was put and CARRIED unanimously  (July 20th Council Minutes).

Thus the public is informed (for want of a better word!) of the behind the scenes machinations of Glen Eira Council and the saga surrounding the (re)appointment of the CEO. Putting one and two together, we surmise the following:

  1. Only a court of law, or the Municipal Inspector would set a deadline
  2. Norton Rose (and the $40,000 going their way til now) were the legal eagles involved in the reappointment process – hence it’s reasonable to conclude that this is more of the same
  3. The motion was moved by Whiteside and Magee – devotees of Newton. Both had also voted in favour of an investigation months ago

In April this year, via a leak to the Caulfield Leader, the community learnt that a Municipal Inspector was investigating Glen Eira. This makes it 3 investigations in the space of 12 years – surely a record? The Inspectorate’s newsletter in turn, makes it abundantly clear that their function includes (and we quote):

  • Investigating allegations against councillors and senior council officers concerning breaches of the Local Government Act 1989
  • Conflict of interest
  • Budgets
  • Code of conduct
  • Councillor and mayoral allowances
  • Local Laws
  • Procurement processes
  • Chief executive officer appointment process
  • Primary/ordinary register of interests         
  • Delegations

 

Clearly, the current investigation is about much more than mere ‘minutes’ of any meeting as claimed by Lipshutz in a Caulfield Leader letter several months ago. We can only speculate, but it is becoming increasingly obvious that the major catalyst and central issue is, and probably always has been, the (re)appointment of the CEO.  The sudden ‘Urgent Business’ Item of Tuesday night’s council meeting, only strengthens this supposition. 

But what are the consequences for the municipality?

We appear to have reached a state of total inertia. Everyone is watching their backs, everyone is gagged, and the community again kept in the dark. Whatever the outcome of the investigation, one thing is absolutely clear. The decade long malaise of this council continues. It is a council divided, in spite of all the ‘club’ propaganda and motherhood statements to the contrary. To put it bluntly, councillors simply stuffed up as they did in 2005. The compromise ‘solution’ of a two year term will cost this community not only tens of thousands of dollars, but will continue to divide. Once again we are left with a dysfunctional governing body and a CEO fighting for his reputation.

This latest episode does no credit to anyone – councillors or administration.

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