GE Service Performance


  • 16 Nov 2011
  • Moorabbin Glen Eira Leader

Residents’ warnings go unheeded by council

 I write in support of a neighbour’s concerns (‘‘Spotlight on centre’’, November 2) about car parking being built as part of the Glen Eira Sports and Aquatic Centre project. Residents were assured there would be ample off-road parking.

After removing a number of beautiful trees, Gardeners Rd residents are to be faced with an ugly carpark with floodlighting, which apparently will be left on until 11pm.

Glen Eira Council has shown throughout the whole building process a complete disregard for the rights of residents surrounding the project. Surely it must now be admitted, as residents warned, that there was not enough space for three basketball courts without major traffic and parking problems in surrounding streets.

Readers should find the following extracts from the minutes of 26th May 2003 especially interesting, given the recent publicity over the lack of tree protection in our Green Glen Eira and the procrastination in the development of a Significant Tree Register. Yes, it certainly does look like things move at glacial pace in Glen Eira. Thus far it’s only taken 8 and a half years to get to the stage of the final Council resolution! That’s what we really call ‘timely’!

The extract reads:

“Crs Grossbard/Hyams

That a matter concerning a temporary tree control be considered as an item of urgent business.

The MOTION was put and CARRIED unanimously.

9.2 66A Balaclava Road, Caulfield North File No:

Temporary Tree Control

Crs Grossbard/Hyams

That Council put a temporary tree control on a Moreton Bay Fig Tree in 66A Balaclava Road, Caulfield North.

DIVISION

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

FOR                              AGAINST

Cr Grossbard             Cr Erlich

Cr Esakoff

Cr Marwick

Cr Bury

Cr Hyams

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

Crs Hyams/Grossbard

That a matter concerning a temporary tree control and Ministerial intervention be considered as an item of urgent business.

The MOTION was put and CARRIED unanimously.

9.3 66A Balaclava Road, Caulfield North File No:

Temporary Tree Control

Request to the Minister

Crs Hyams/Grossbard

That Council send a letter to the Minister asking the Minister to protect the Moreton Bay Fig Tree at 66A Balaclava Road, Caulfield North and that Council Officers examine ways to protect this and other significant trees in the City.

The MOTION was put and CARRIED unanimously.

The minutes of 6th June, 2011 record the following resolutions: 

Item 10 – URGENT BUSINESS  

Crs Magee/Pilling 

“That Officers report to Council on the awarding of the use of GESAC basketball courts. This report should include details of requests for Expressions of Interest letters offers and acceptances copies of draft contracts, and responds to the claims contained in the letter by James Cody Treasurer of the McKinnon Basketball Association of the 1st June 2011 and should also cover the capacity of the Oakleigh Warriors to honour their commitment.

2. That the report include by way of separate appendix a copy of the proposed contractual terms to Oakleigh Warriors and
Council not submit any written contract to Oakleigh Warriors until Council has considered same.

3. That this resolution be incorporated in the public minutes of this meeting, and

4. The report should include the cost of hire of like courts at Melbourne Sports and Aquatic Centre.”

AMENDMENT

Crs Hyams/Tang

In part four delete the word ‘at’ and replace with the word ‘including’.

The AMENDMENT was put and CARRIED on the casting vote of the Chairperson and on becoming the SUBSTANTIVE MOTION was again put and CARRIED unanimously.

COMMENTS

Five months later the silence is literally deafening on all aspects of GESAC. The resolution states that officers are to report to council. If this has been done, then we question why this has been done in camera and behind closed doors via a secret assembly meeting. If, on the other hand, it hasn’t been tabled anywhere, then fulfilling the requirements of such a simple request in a timely manner should in no shape or form take 5 months. Most of the requested documents should be on file. As for the comparisons, we in fact put up a post including figures for MSAC and other sporting facilities that took us no longer than 20 minutes to research and locate the relevant information.

The angst that has been occasioned by this entire stuff up is unacceptable. What is even worse is that no information has been released to the long suffering residents who are paying the bills. If officers are incapable of carrying out councillors’ resolutions within an acceptable time frame, then most reasonable people would conclude that they are either incapable of performing their duties, or engaging in a not so subtle form of obstructionism. Either way they should be replaced.

Inquiry into our secretive councils

  • by: Political reporter Daniel Wills
  • From:The  Advertiser
  • November 08, 201112:00AM

The  public gallery at Burnside Council, one among a cross-section of councils whose  use of confidentiality measures will be examined. Picture: Nigel Parsons Source:  AdelaideNow

OMBUDSMAN  Richard Bingham is auditing secrecy measures at 12 councils amid claims some  are over-using or incorrectly invoking confidentiality.

The councils are a cross-section of city and country councils, and include the  trouble-plagued Burnside Council, which was the subject of a ministerial  investigation into misconduct claims.

Mr  Bingham said he was already aware of cases where councils had incorrectly used  secrecy provisions to exclude the public from meetings. Mr Bingham said he  would report to Parliament with the audit findings and the councils involved  were selected as a representative cross-section of the state, not because of  specific concerns.

The councils  are Alexandrina, Barunga West, Burnside, Ceduna, Coober Pedy, Grant, Light, Mt  Barker, Murray Bridge, Onkaparinga, Playford and West Torrens. Mr Bingham will  be allowed to make findings about behaviour at the councils if warranted.

Local  government laws require council meetings be open to the public except in  certain circumstances for privacy or business reasons. Local  Government Association president Kym McHugh said councils strove to balancing  legitimate needs for secrecy with reasonable demands for public disclosure.

“I  welcome the representative audit by the Ombudsman as such an external review is  an important test of how we are managing these matters,” Mr McHugh said.

AND STRAIGHT FROM THE HORSE’S MOUTH –

Ex Bendigo Mayor Cr Greg Williams

“In the last few years I have been saddened by the politicisation of council,” he said. “There is a view that if all nine councillors say the same thing in public, everyone in the community will believe it and think it is doing a good job, regardless if the merit of particular policies,” he said. “There seems to be a great fear of having public input and public discourse about policies.”

Cr Williams said the root of the problems were obvious. “I think the fundamental problem here is there are too many people on council who do not understand the role of democratically-elected councillors,” he said. “There are too many people on council who think their role is to support whatever the council organisation comes up with. I think that is wrong and dangerous. “The role of councillors is to represent community views to the organisation and to challenge the officers in a constructive way and promote discussion of different points of view. “I believe that is how you get good public policy.

“The best advice I was ever given was if you are sitting in a closed-door briefing and are thinking ‘I hope this issue never gets to the public’, then you are probably developing bad policy. “This happens most of the time with the current council.”

Cr Williams said real debate and options were being presented away from the council table. “Senior officers have an executive meeting every week where they do a lot of the debating for the council,” he said. “They work out which is the best option to put to council, and most of the time present only one option. “This is something that has happened since the 2004 election. “Prior to that, councillors were presented with a range of views and options from officers. “Instead, this debate and these options are presented in executive meetings and councillors don’t get to hear opposing points of view.”

Cr Williams said when that was mixed with the amount of “secret” agenda items in recent years, it became dangerous.

“Most decisions have been made well before the public consultation even begins,” he said. “It could be argued the Epsom supermarket was the most stark example of that. “The closed-door forums have become much more of a decision-making forum than they were before.

“The public council meeting has really become a rubber stamp, because we have a majority who think they should support whatever the council staff say. “The way the closed-door forums are now, councillors don’t even know what is on the agenda when they arrive. “During the last council term, if an officer came in with a late report, nine times out of 10 it would not be accepted because councillors needed time to look at it. “Now councillors are expected to turn up not knowing what is on the agenda, have a large report plonked in front of them and are expected to vote on it. “It is appalling. This is all dressed up under the argument of secrecy. Each year Bendigo council would have one or two reports that need to be legitimately secret.

“Everything else is done under the cover of secrecy to avoid public scrutiny.”

Cr Williams said an example of the politicisation was the recent community survey the council commissioned. “I would call this push polling. They set up people to have a good feeling, by asking them positive questions first about the good things of Bendigo, then slip in the political questions before going back to asking questions about the city’s great assets,” he said. “If they say Bendigo is a great place at the start, they are less likely to say they are getting bad representation. “The political questions are sandwiched in between the feel-good stuff, which makes me question the survey.

“But no doubt they will bring it out at the election and say it is more significant than the independent, state government community satisfaction surveys surveys which have become progressively worse over the past four years.” Cr Williams stopped short of urging ratepayers to vote against the current council. “Whether the community votes against this council is a matter for them,” he said. “However, I think the big problem at the last election was the candidates were not good enough. “I would very much encourage people who want to improve things to nominate.”

Glen Eira faces  sports centre inquiry

Jason Dowling
November 12, 2011

GLEN EIRA Council is facing a possible third probe by the Ombudsman’s office  in 12 months, this time over access to basketball facilities at the  nearly  completed $41 million Glen Eira Sports and Aquatic Centre.

In May, after an expression-of-interest process, the Warriors Basketball  Association was officially offered use of the centre.

But since then, several councillors have  tried  to overturn the decision  in  favour of the losing bidder, the McKinnon Basketball Association. The council is  believed to have received legal advice that the Warriors won the  process fairly  and the council could be exposed to legal challenge should it overturn the  original  decision.

Documents obtained under freedom-of-information laws by the Warriors show  that councillors have been actively lobbied by the McKinnon Basketball  Association.

In one email sent to councillors from the McKinnon Basketball Association’s  treasurer, James Cody, last month, councillors are told that should the  association gain shared access,  ”I guarantee those stakeholders will reward  your fortitude with votes”.

Emails between councillors Jim Magee, Neil Pilling and Frank Penhalluriack  from June show them  trying to overturn the council’s decision and appoint the  McKinnon Basketball Association as the tenant, with a lower hourly court rate  than that offered by the Warriors.

The Ombudsman’s office is believed to be investigating the involvement of  councillors in the attempt to overturn the decision.

An Ombudsman’s report into Glen Eira Council is expected to be tabled in  state parliament next month.

Cr Magee said he supported both associations having access to the  facility.

He said that for many families that paid rates in Glen Eira, the only way  they  would be able to use the new sports facility would be if their team left  the McKinnon Basketball Association and joined Oakleigh,  ”which, for the life  of me, I just can’t see that’s fair”.

Cr Penhalluriack said he could not recall the emails, but  he supported a  compromise.

”I think the people who live and play in Glen Eira and who have paid for the  stadium itself should be given priority,” he said.

A spokesman for the Warriors Basketball Program said they were disappointed  the process had ”gone as it has”, but added: ”As the general application of  the expression-of-interests process is honoured, we’re more than happy to work  in a combined front with the McKinnon association to make sure all kids in Glen  Eira get access to that facility.”

Read more: http://www.theage.com.au/victoria/glen-eira-faces-sports-centre-inquiry-20111111-1nbx5.html#ixzz1dQi7o3Gv

For months and months we’ve been hearing the same repetitive spin – GESAC is on time and under budget. We’ve also consistently bemoaned the fact that the Pools Steering Committee has not exactly been forthcoming with information. Secrecy has dominated all facets of this project and the committee. Finally, the utopian vision that Lipshutz has been peddling is starting to show some major cracks. Suddenly the picture is not all that rosy for the much vaunted December opening. We also suspect that money is leaking like a sieve from this project – why else the need to enter into higher purchase contracts? ‘Unforseen’ costs such as lawyers, car parks, and heaven knows what else, must surely have blown the budget to smithereens? If so ‘successful’ then why the need for the continued extensive full page advertising in 4 local papers? Yet, we have been hearing the same old story again and again. It is definitely wearing thin.

So now, at the 11th hour it looks like residents will finally get an (edited) version of at least some of what has been going on. Lipshutz is finally admitting that there ARE PROBLEMS, and that the opening date is still unclear. Let’s say, for the sake of argument, that the pool doesn’t open until January next year. If council is right in its projected attendance figures of hundreds of thousands, then one month’s delay in the summer period, could impact massively on income. Longer and it could be disastrous. It really is about time that residents were provided with the full picture of what is, and has, been going on.

A good start would be for councillors to demand and receive a full, itemised account on all expenditure, where every single penny is accounted for – and income. And if there are issues and problems, then who is to be held accountable?  Is it really all the weather’s fault? the builders’ fault? The Steering Committee’s fault? The possible questionable quality of a business plan? And the most vital question – how much more money is this going to cost ratepayers that hasn’t been budgeted for?

Here’s what was said at Wednesday night’s Council Meeting:

LIPSHUTZ: Stated that committee meets monthly and discusses progress. ‘One of the biggest problems ….is the builder and the difficulties (for completion on time). Said that at NEXT council meeting there would be a ‘full report as to that issue’ (and) ‘the various activities at GESAC’. Concerns ‘that all members of the community have is the completion date’. Lipshutz expected ‘that would be discussed at next meeting’ and ‘once we know how the builder is going’ (building and plumbing issues, then they’ll be able to give some definite date as to when the pool will open)’.

PENHALLURIACK: stated that he had attended some meetings and that there was another one on tomorrow (Thursday) ‘ I’m concerned that this council has too much in confidence material (these minutes lack) ‘detail’….I endorse what Cr. Lipshutz said. It was a full and frank discussion about the progress….and I think they should be recorded in the minutes…..there are one set of minutes for assemblies…this is a steering committee and I believe we either have this in camera …..or alternatively we have full and frank minutes published”.

 

 

Item 9.4 on Wednesday night featured the Public Toilet issue in Centre Rd., East Bentleigh. We draw readers’ attention to this item because it highlights again:

  • the total inconsistency of argument when applied to previous decisions and discussion
  • the discovery of new terminology by Lipshutz – ‘holistic’
  • the platitudes and dissembling that surround notions of ‘consultation’
  • the gang of four – again!
  • but the saddest thing about this whole episode is that it occupied more time than the C60 and other important issues put together. Yes, we can have ‘robust discussions’ – but only when the matter is ‘trivial’ in comparison to the really political and important matters that need proper decision making.

Here’s what happened:

MAGEE: Submitted alternative recommendation/motion where council could ‘note’ the ‘possibility’ of providing a public toilet at 672 Centre Rd and that there be community consultation about Option A – ie to sell the laneway to help fund the toilet block. Seconded Forge.

MAGEE: Stated that nearby toilet had disappeared nearly 15 years ago and that the IGA toilet was inappropriate since residents had to leave a deposit when they asked for a key then return it. For elderly residents this was not ‘dignified’, so instead of spending an ‘enjoyable time in our shopping centres’ they go to a hotel, go home ‘or they don’t come to the shopping centre’. Proposed that sale of laneway could go to Commonwealth bank ‘who are already pushed for car parking’ and they would benefit from an extra ‘3 or 4 carparking spaces’….(which would) ‘subsidise if not pay for the whole’ lot….’People in East Bentleigh deserve this and asking for this….let’s see how we can fund this….let’s ask the community, the shopholders…

FORGE: Supported Magee. Outlined how her previous work with the health industry and elderly and ‘it’s all very well going to a hotel’……’but when you’re in trouble….it’s a long way (to go)….it’s not just the elderly, but young ones as well. Mothers with children’….

LIPSHUTZ: Supports the ‘concept’ of public toilets and ‘if there is a need in East Bentleigh I would certainly support that’. ‘What I’m concerned about is policy on the run….we have a SRP (Strategic Resource Plan) ….we have a budget….we have so many projects that we all want as councillors…toilets is certainly one of them and childcare is another….trees,….footpaths….all of us
want to do (these projects)…’we also have a budget…I remind councillors that we are now completing GESAC ….a situation is critical to maintain cash flow….(can’t spend money which will) ‘impact adversely’. Said that council meets in February ‘where we look at our priorities, we look at what we want to achieve in the year’ (budget and SRP are developed from that). ‘there no reason why we should not alter that….I think in this particular case you go to consultation it tells the community straight away ‘we’re going to do this’….I’d rather see a recalculation of our strategy….let’s look globally, holistically and not simply
plug holes….if we approve this motion it simply opens the flood gates….every time we find something to plug….and before you know it we have a dysfunctional budget and a dysfunctional council’…I think that once having a plan you try and stick to that plan’…..’no iron clad, but in this particular case…..

PENHALLURIACK: Agreed with Lipshutz but only first half of what he said. ‘public toilets are important….(not only for mothers and elderly) but for youth….we spend a lot of money of warm season grasses…for sporting fields which are only used (mainly) by the young….but we don’t spend enough money on toilets’ Gave an example of the Hawthorn Rd toilet which is ‘way beyond I think the budget and way behind the timetable….(Agreed that council should be careful with spending money…Said that there had been plenty of discussions on) ‘the systems we have for delegating jobs…’we don’t know why the tenders come in and they’re too expensive….(Foreshadowed his calling for an Officers’ Report on tendering)…’In last Saturdays’ Age you can buy this house (holding up newspaper)…2 storey, double garage, study, 4 bedrooms, and 3 toilets  for $250,000….(whilst the toilet at Hawthorn Rd) ‘providing only 3 toilet cubicles that’s for $320,000….an extra $70,000 for a piddly little building…I really do not understand as a business person why this is costing us so much money…..I agree we are tight for funds….borrowing heavily….we can look more carefully in other areas to …how we allocate these jobs.’. Invited residents to look at the Hawthorn rd toilet and compare it with ‘this house – 4 bedrooms’….’we’re not getting value for money’….

TANG: Said that he thought that even Senator xenophon ‘would be happy with that stunt’…..’if public toilets can be made cheaper maybe there’s a business opportunity there …..(Brimbank councillor thought there was; imported toilets and under cut the market)….all State government bodies are paying around the same price…..(Disagreed with both Penhalluriack and Lipshutz in that finding money and spending it only when it becomes available)….’what I don’t hear is if we did get more money which public toilet would we spend it on?….(neither pays any regard to what he) ‘thinks was a unanimous (decision) on the Public Toilet Strategy in 2010…..(Spoke about the ‘filthy’ public toilet at Murrumbeena Railway Station)…’you’ve got to wonder if we had more money for public toilets where would we spend it?’….’If you’re wanting to go back to those priorities go back to the whole priorities….(foreshadowed a motion which would have consultation and look at priorities…’If it’s a representation made by the public council should consider it…(Said he’d been approached about McKinnon Reserve playground toilet)….I’d like to see us consider that location for priority listing….

PILLING: Would like to support Magee’s motion because ‘there certainly is a great need….East Bentleigh is the poor cousin….(his issue isn’t with money or process since) ‘there is a case to review the whole (strategy)….(Would be in favour of funding this toilet) ‘but more at the end of the process when we’ve examined all our strategies….I’d certainly be keen to re-examine the riorities….but we have to go through (process)….I certainly would like to be supporting a review….

HYAMS: Spoke about toilet at 670 Centre Rd which seemed to have been ignored….’not flush with funds’…(so if there’s a possibility of the developer paying for the toilet wait) ‘and see how that develops….I’d prefer at the moment to have an overall look at it (strategy)…..

ESAKOFF: Doesn’t support Magee’s motion. ‘ not for lack of motive….I support public toilets….(need to be provided) ‘in the usual way, not on the run as this one is….I would like to see us review the public toilet strategy….look at various options before we go to consultation….that needs discussion from our group first….financial report (on page 32 says) ‘definite need for caution and cash flow for remainder of this term….something that has not been budgeted for, not provided in the SRP…we need to go through this process in the correct and usual manner…..I would like to do this in the proper way and I would probably support the alternate motion (of Tang).

MAGEE: ‘strategies and policies….are just strategies and policies….The councillor group have lost the ability to listen to the community….if we are so stuck on a strategy that is now 2 years old, that didn’t properly in my opinion identify the need….this is about councillors doing their job. This is about listening to a community who have needs….this is an identified need and an approach from the community…this is me acting on behalf of that information….there’s no law that says Glen Eira Council must stick to (the strategy)….we have a very ageing community around East Bentleigh…..(can’t tell them that htye have to walk 250 metres when they need to go to the toilet).. ratepayers of Glen Eira deserve when they ask a councillor to advocate on their behalf….(talked about the laneway and how this could cover costs) ….I think the councillor body are now more intent on sticking to policies, strategies and formulaes rather than listening to the community….It’s not a council I (want?) to be part of’.

MOTION PUT: and Lost

TANG: Put alternate motion about conducting a review of toilet strategy BUT those residents who have made ‘representations’ since 10th August 2010 ‘should be invited to make submissions as part of that review’. Seconded Lipshutz. ‘Disappointed in the way Cr. Magee argued….very easy to say you stand here and represent your community and the rest of your colleagues don’t….(went over last ‘consultation process) ‘and council had to listen to its community…if councillors ignored them, find, probably got our strategy wrong….if council disregarded the advice it got on that strategy it probably got its strategy wrong….(and if we don’t review then again not doing things properly)…’It’s inappropriate to stand up here and say I received representations ….if you don’t listen to what I’m saying you’re not listening to the community…(need to have) ‘whole of community heard (and not just those that speak to one councillor). (Didn’t support relying on private developer)….(his motion would fit in with consultation) ‘that is to the whole council and not just one councillor because we happen to be doing our shopping down in East Bentleigh….some councillors shop in East Bentleigh, some councillors shop in Elsternwick, some councillors shop in glen Huntly….it shouldn’t be about catching them on a Saturday morning……

LIPSHUTZ: ‘I’ve said it before and I’ll say it again. I’m a councillor from Camden Ward but …..I’m a councillor for Glen Eira….and when I look at issues I look at what’s going to benefit all of Glen Eira, not just necessary my ward….(praised Magee for standing up for his ward residents but what is needed is )’a holistic approach….let’s do away with strategies, let’s do away with plans. If you do that ….let’s not have a community plan, let’s not have (February)…let’s willy nilly chose our pet projects …..It’s unfortunate that he (Magee) says that…I think all of us have to look at what’s best for the citizens of Glen Eira as a whole…(Claimed that more money is spent in Magee’s ward than any other one. That’s okay if) ‘that’s where the need arises….there has to be a holistic approach…you have to have a look at the needs of all the city of Glen Eira….’Let’s look at it holistically…let’s see what the community wants overall….and then decide where our priorities lie…(stated that each councillor wants to do so many things)….’but if we all do this…..as a team we actually achieve a hell of a lot….

HYAMS: Disagreed with Magee. ‘what we do when we put these strategies together is we consult with the community (they have input)…’we’re actually disenfranchising all the people who contributed to the strategy’ (if follow Magee’s example of individual representation)…’so in effect the way we do it is the most democratic way’…..’we do it systematically. We give everyone the same opportunity….once we’ve done that then we come to a solution….we are struggling for funds….sum of about 2.5 million dollars was ripped out of the budget over five years….we have to live with that decision….

PILLING: Positives will be that ‘we certainly do need to review’….(toilet strategy is) proceeding at glacial pace and that is part of the problem…perhaps we can increase the rate….but then also adjust some other areas….

MAGEE: ‘We obviously do need a review’ (so will support Tang’s motion)….I’m saying (residents) come to me and ask me and I’ll listen. I can’t speak for you. Only you know that.

ESAKOFF: ‘We are councillors who are meant to be working in the best interests of the people….not our given ward….and that’s why we have these plans in place and our strategies….and our prioritising of various things….to change those priorities around means changing other priorities….if something comes in something must go out,. Unless it’s been budgeted for and it’s in the SRP…we make those very difficult decisions (prior to budget setting) … because there are an enormous number of demands….What we have in place now is what was considered the right order, the right priority….that may well change….

TANG: ‘I don’t think ward arguments are particularly relevant here….(issue is where toilets are going to go, especially when only a couple a year are erected)….(Said that he wouldn’t like to get up and suggest to council that they change their priorities because he had been approached by one resident in his ward) ‘Representing the community would be to take on board that gentleman’s concerns and to bring them to council’s attention….I think we can accommodate what all councillors have been trying to achieve….in this review….No something we usually do (ie 2 year review) ……’so a review after two years is I think a pretty good outcome….

MOTION PUT – CARRIED UNANIMOUSLY.

Tonight’s Council Meeting descended from a circus into a farce. We wish to point out the following:

  • The successful obstructionism of Hyams, Tang, Esakoff and Lipshutz
  • The incredible switch of voting within 5 minutes by Lobo – but only AFTER LIPSHUTZ WHISPERED IN HIS EAR AT THE CONCLUSION OF THE FIRST VOTE!
  • The not so subtle temper tantrum by Newton

If ever any evidence was required of a divided and dysfunctional council then tonight’s meeting illustrated this fully. We apologise for the length of this post. Our reports on other items will follow in the next day or so.

REQUEST FOR REPORT

PENHALLURIACK: The request wanted a report ‘detailing why the following council resolutions…have not been tabled in Council …..(and incorporated into the minutes as ) Public Record Documents’.Hyams interrupted asking which motions.  Penhalluriack started to read out the May 2011 resolution about the mulch facility relocation. Again Hyams interrupted with a ‘point of order’  and said that ‘he needs to itemise the report….’

ESAKOFF: ‘Correct. Uphold’. Told Penhalluriack that he could speak to the motion once there was a seconder.

PENHALLURIACK: Read out 19 resolutions dating back to 2006 and finished with the May 2011 re the mulch facility. Forge seconded. Penhalluriack quoted the Newton statement that requests for reports are tabled usually at the next council meeting. Penhalluriack then cited the Local government act and that the ceo must provide council with ‘timely advice’…’that’s why I’m asking for a report at the next council meeting detailing (why the read out resolutions haven’t) ‘been tabled in council….and officially recorded in the minutes as Public Record documents.

FORGE: ‘I’ve got nothing more to add”

HYAMS: Wanted to ask Penhalluriack ‘a couple of questions’….(queried Penhalluriacks ‘time’ for when he wanted the report) ‘to come back’.

PENHALLURIACK: ‘At the next council meeting’

HYAMS: Asked if it was ‘reasonable’ to give officers longer than this given the ‘large number of reports’ that Penhalluriack had read out? Said he’d put this as an amendment if necessary.

PENHALLURIACK: Said he could change the wording to ‘spread over two council meetings’. He accepted Hyams’ recommendation’

HYAMS: ‘did you actually go through all the agendas’…’and check that those reports had not come back?’

PENHALLURIACK: ‘No I didn’t’….’I can assure you that none of those reports has come back’

HYAMS: ‘how are you so sure about that Cr Penhalluriack?’

ESAKOFF: ‘would you like to qualify that answer?’ Penhalluriack asked what she meant and then said ‘to the best of my knowledge’. Esakoff then stated that Penhalluriack had said that ‘none of them had come back’. Penhalluriack then repeated that this was the case ‘to the best of’ his knowledge’.

HYAMS: Asked Newton ‘to the best of your knowledge have any of those reports come back?’

NEWTON: ‘the vast majority of these’…. (were reports) ‘which councillors at the time received…..the accusation that these matters have not been addressed in writing….is false’.

PENHALLURIACK: ‘it was not an accusation…

TANG: interupted with a point of order that Penhalluriack was speaking to the motion

LIPSHUTZ: Another question for Penhalluriack. asked that since he hadn’t gone through the reports ‘how is it that you can say that ‘you can assure council’ that they haven’t been seen to.

PENHALLURIACK: ‘I said to the best of my knowledge’

LIPSHUTZ: ‘what is your knowledge that they have not been submitted?’

PENHALLURIACK: ‘I have been through many of them myself, and friends have been through them (and checked them as best we can)….’and if I’m wrong and they have been reported to Council then I’m happy for that report to come back to the next council meeting’. Repeated that he wasn’t claiming that they hadn’t been reported in Good Governance Guide….’what I’m simply saying is that they should be reported back to council….so they go onto the record as an official document’.

PILLING: Said that he didn’t think that Penhalluriack was making ‘accusations’ and that he was asking for ‘clarification’…’there may well be good reasons why some reports haven’t (been tabled)…I do take issue with our CEO (in using the word accusations since he didn’t think they were) and ‘I’ll ask him to withdraw’ that word.

NEWTON picked up the microphone to respond and then almost hurled it aside. He remained silent.

MAGEE: Wanted to confirm that the report on the tennis courts at Mackie reserve ‘was provided’ but he didn’t know ‘whether it was provided to council’ but was ‘certainly provided to me and through that I raised a number of issues’ that he took to councillor group’…I don’t know if that was tabled at council meeting….(remembered a detailed 7 or 8 page report)…..(said that this created some confusion in the community and therefore believes) ‘that this didn’t come to a council meeting only a briefing’…’and maybe that’s part of what Cr Penhalluriack is alluding to’….’maybe they’re not all coming to council meetings….

TANG: Point of order again about Pilling’s request for Newton to withdraw a statement about ‘accusations’ – ‘I don’t see any grounds upon which that request can be made’

ESAKOFF: ‘bear with me’ as she went to the local law to ‘check’ whether Tang was right. Eventually ‘I do uphold that point of order…I don’t see any grounds either’ Asked Pilling to withdraw that ‘question’ (request)

PILLING: ‘the CEO is at liberty to agree to that or not’

ESAKOFF: ‘I don’t see any grounds for that to be requested’ Checked with Burke. ‘There is no provision for that’. …ask you to withdraw’. Pilling withdrew.

LIPSHUTZ: Said that Penhalluriack had changed his original motion from ‘not prepared’ to ‘not produced in council’ ….that’s a different issue…..’I have seen reports in relation to matters that I have asked for….there was an implied accusation to begin with but the ground shifted…(so if Penhalluriack is asking why they weren’t submitted to council then that’s different to their ‘not being prepared at all’.

TANG: asked Penhalluriack to re-read the request for report.

PENHALLURIACK: re-read the motion…’I don’t  believe there is any accusation in that request, certainly none intended’.

TANG: wanted two meetings to ‘make it a little clearer’ for when the reports should come back…..(asking why they weren’t reported back to council is a) ‘false assertion, the assertion that they weren’t reported to a public council meeting….my recollection is that some of those reports were reported to an ordinary council meetings….(he could support the motion on two grounds that this first bit is a question) ‘what happened to those requests and whether they were reported in ordinary council meetings’…. second part involved time line)….’right that council received an answer to that sort of question…..(there are other requests for reports from tonight so Tang would be ‘comfortable’ if Penhalluriack’s request took a ‘little while longer’….’if it’s an assertion that those reports weren’t tabled’ (he couldn’t support the motion)

ESAKOFF: asked Burke’ does a document need to be in the council agenda to be a public record?’

BURKE: ‘No it doesn’t….it is mischievous to suggest that documents aren’t public records if they haven’t been on the agenda’

ESAKOFF: Agreed with Tang…’a request for a report as to why, if any, and which….didn’t come to a council agenda (and better timeline) would assist in getting that to us….my recollection…is that we have seen many reports on them, maybe not on council agendas but certainly (that we’ve got at assembly)….’on that basis I can’t support this particular request’.

HYAMS: Agreed with Esakoff and Tang ‘ would be comfortable if the request for a report was rephrased’ …’what eventuated from the following requests’….and (increase timeline). Asked Penahalluriack to ‘consider rewording’

PENHALLURIACK: ‘Wording says detailing why….many of these may well have been published in the green guide….I don’t know. It will not be very difficult….(for officers to hunt up the details since they have all the records at their disposal via computers)….’all I need to know is where they were published’….(Acknowledged that Burke is right but that since these reports have been recorded as requests in the minutes of Council Meetings) ‘therefore they should be in the minutes’ (as a ‘chain of command’)….’this has now been brought to a satisfactory conclusion’….’all I’m asking is why council resolutions have not been tabled’…to me this is innocuous….I’m happy to say the next 2 council meetings as well…..it should not be difficult.

ESAKOFF PUT THE MOTION: IN FAVOUR – Penhalluriack, Magee, Forge, Pilling AND LOBO.  Against – Lipshutz, Hyams, Tang, Esakoff.

TANG: ‘point of clarification’….’i DON’T BELIEVE THERE IS A MOTION ON THE TABLE’…..(Argued that by Penhalluriack ‘clarifying his motion’ to 3 or 6 weeks, …..not sure what the motion is)

ESAKOFF: asked Penhalluriack to clarify.

PENHALLURIACK: read out with the words ‘next two council meetings’ ‘detailing why the following council resolutions….have not been tabled in Council…..

LIPSHUTZ: since the motions reads ‘two council meetings’ there’s confusion about whether the reports should come back in two separate but consecutive  meetings

ESAKOFF: ‘are you adjusting’ that to Penhalluriack?

PENHALLURIACK: ‘I’m attempting to Madam Mayor, yes’! Redread this as asking for a report ‘in two council meetings time’. Then changed again to insert date – 13th December.

TANG: interrupted again. ‘I don’t think I’ve been clear….he keeps changing…he should just put what he said first time….(Hyams didn’t move an amendment; Penhalluriack doesn’t need to change the wording; Penhalluriack just needs to read out what he said the first time….’you can’t change the motion after everyone’s spoken to it and then summed up’….

ESAKOFF: asked Penhalluriack to repeat the motion that he first read out ‘without changes’

PENHALLURIACK; read out original motion again.

ESAKOFF PUT THE MOTION: In favour – Penhalluriack, Magee, Forge, Pilling. Against – THIS TIME LOBO, Lipshutz, Tang, Esakoff, Hyams

MOTION LOST. PENHALLURIACK CALLED FOR A DIVISION

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

Glen Eira City Council Special Committee Meeting

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

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

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

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

Tactics Of A Workplace Serial Bully Boss

By ABC

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

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

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

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

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

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

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

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

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

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

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

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

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

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