The Vault – Carol Altmann 

What began as a simple question to the Warrnambool City Council about the removal of some trees has gone on to reveal a much deeper concern that strikes right at the heart of the public’s right to know.

The last 24 hours has confirmed that there is now a two-tier system in place: those people and media organisations who meet the council’s approval and those who don’t. Those who acquiesce will be accommodated and those who dare to dig deeper or question further will be ignored.

In a one-newspaper, regional city with close ties and connections, this is a deeply troubling attack on one of the fundamental parts of a democracy where people have a right to expect an open, transparent and accountable government on all levels. The media, including new media outlets like Bluestone Magazine, are critical to this expectation being met.

First, some brief background for those of you who may not be on Facebook or Twitter, which is where Bluestone revealed the removal of a row of well-established tea-tree from Pertobe Rd this week.

In the scheme of things this might be seen as a small story, but more than 6500 people saw our post and many reacted passionately, asking why the trees had been taken out and that they were saddened, disappointed and even horrified at the loss of this native vegetation.

The WCC issued a tweet to its followers after Bluestone had made public that the trees had been removed, saying: “Old tea trees removed along Pertobe Rd for safety following inspection by arborist. Replacements to be planted in autumn.”

Safety? Inspection by an arborist? We wanted to know more.

We emailed WCC communications officer Nick Higgins, Mayor Kylie Gaston and all the councillors to see if we could find out more detail.

Cr Brian Kelson said he was unaware of the removal of the trees, but questioned why the council’s guideline of only removing one-third of the height had not be applied. (note: an earlier version of this story said only Cr Gaston responded to our questions. Cr Kelson also responded.)

Mayor Gaston also responded and the relevant part of her email is here:

Leaving the death of the child in Bendigo to one side for a moment (we will get back to that tragedy), we than asked to see the arborist’s report that led to such a dramatic response for a row of worm-infected tea tree.

Mayor Gaston was on the road by this time, so we emailed media manager Mr Higgins yesterday – as is council protocol – and asked directly:

Three hours later, having obviously scoured our Facebook page to gauge public feedback on this issue, we received this reply at 5.26pm yesterday:

Hello Carol,

We will decline the invitation to have further input into your commentary.

Comments on your Facebook page which describe council staff as “environmental rapists” and “grubs” are offensive.

Actually, what was said on the page was this:

And this:

Passionate, yes. But no individual WCC staff member was named and certainly not defamed.

While we closely monitor our Facebook page to remove potentially defamatory comments and offensive language, we also believe members of the public who are prepared to express an opinion (however passionately) under their real names is what a free and robust discussion is all about.

We also find the council’s refusal to comment to us on this basis particularly interesting given a senior member of its own staff, tourism manager Peter Abbott, was this year exposed for attacking some councillors under a pseudonym to the local newspaper.

Here is our response to Mr Higgins:

Hello Nick,
It is not an invitation, but a request for information that should be in the public domain, given it was stated as the reason for the removal of the trees.
Just to be clear, are you saying the WCC is with holding this information because of a comment/s by a third party – under their own name/s – on our Facebook page that does not in any way attack an individual but perhaps, instead, expresses the clear frustration and disappointment at the decision to remove this vegetation?
Strong words, certainly, but we believe in allowing people who are brave enough to have a say publicly, under their own name, to actually have a say.
I wish to point out that Bluestone Magazine has made no such comments and has instead raised an issue that was brought to our attention by readers wanting to know why and how the decision was made to remove the tea tree. We also pondered why the council had not chosen to make this information public before the trees were removed, as is recommended in its own tree removal policy.
Despite this, you are saying that this information will not be supplied.
I can only ponder if the same restrictions applied to the Warrnambool Standard when, until recently, it regularly permitted such criticism and attacks on both council and councillors not only on social media, but on its website, including – as you know – comments written by WCC senior staff under pseudonyms.
If this is the chief executive’s ruling, then we will be lodging an FOI for this information, as is becoming the way that the council demands we do business when seeking documents that should and could be in the public domain.
Regards,
Carol

And Mr Higgins’ reply?

I am out of the office from 22/12/2015 05:15 PM until 11/01/2016 08:30 PM.
Hello,
I am on leave from December 23, returning January 11, 2016. If the matter is urgent call 0466 199 511.

We are still waiting for the arborist’s report, if in fact one exists. We are, pardon the pun, going out on a limb to say that it doesn’t.

But this is about more than trees.

This is also, in our view, about the council trying to shut down public criticism and scrutiny by scraping social media, and it’s about an attempt to “choke” an organisation like ours that cannot be “media managed”.

You, our followers, will know that this is not the first time. We have still not received answers to our questions on the Porter’s shed, or a copy of the report on the results of the 2015 Fun4Kids festival, or whether, indeed, if all of the missing Loch Ard lead ingots have ever been recovered.

But we will keep asking.

[box]The death of a child from a falling tree limb in Bendigo in 2013 led to a coronial inquiry where the council was found not liable. The tree, in that tragic case, was a 90 year old Grey Box gum and the branch that broke was an 18m long limb that dropped from 4 to 6 metres. The coroner set down eight recommendations about council tree management, including installing a computer based management system detailing what trees it owns, a risk assessment and maintenance schedule; a formalised tree inspection protocol; that all assessments be done by an experienced arborist; and that the assessments include the root system and canopy. There is no suggestion that all damaged trees be removed, but that pruning may also be an option. You can read the full report here. You can also read the WCC tree policy here.[/box]

Meanwhile, on the subject of public liability, click here to see a case that actually is just waiting to happen within the Warrnambool CBD.

Comment – Carol Altmann

When it comes to showing some spine on marriage equality, the majority of the Warrnambool City Council has proven, sadly, that they have none.

We know this because yesterday (31/8) the council had an opportunity to actually stand up and be counted on same sex marriage and they didn’t even make it to first base.

This is despite a majority of councillors telling Bluestone just two months ago that they had no problem with marriage equality, none at all, yet when it came to doing something about it, five of the seven councillors ran the other way.

How hypocritical.

Here is what happened.

As I mentioned in an earlier piece, Byron Shire Council Mayor Simon Richardson contacted the WCC by letter, asking for it to join a growing number of councils around Australia who have endorsed marriage equality as a civil right.

(Mayor Richardson who, for the record, has a female partner and two daughters, has taken a national lead on the marriage equality campaign within local government and has also formed a Mayors for Marriage Equality group.)

More than a dozen councils around Australia have so far declared their support for marriage equality, including Hobart City Council, Albury, Glen Eira, Greater Geelong- Surf Coast, Tenterfield, Byron Shire, Sydney, Leichardt and Port Douglas.

The people of Warrnambool have also shown they are ready to embrace same-sex marriage, with the most recent poll by the local newspaper coming in at 72% support.

At its regular briefing yesterday, the council had an opportunity to decide whether to join these councils by acting on Mayor Richardson’s letter, together with a marriage equality proclamation that Byron Shire Council has asked each council to sign.

Only two councillors, both women – Cr Jacinta Ermacora and Cr Kylie Gaston – argued that Mayor Richardson’s request should be taken further.

The remaining five, including Mayor Michael Neoh, Cr Peter Sycopoulis and Cr Brian Kelson – who told Bluestone that they support equality – all agreed that it should instead be “parked” ie. do nothing.

This is not leadership. This is weak.

It is also supremely ironic that a council can name Shane Hernan as its Young Citizen of the Year in 2013, yet not consider it worthwhile to publicly support the very issues that Shane is fighting for.

Because it is one thing to support gays, lesbians and transgender people quietly behind the scenes, but another to stand publicly shoulder-to-shoulder when the going gets tough.

And believe me, the going has been tough.

As it stands, there is not one political leader representing Warrnambool who will stand up for marriage equality: not Member for Wannon Dan Tehan, nor outgoing South West Coast MP Dr Denis Napthine, or state MLC James Purcell, or even, it has now come to pass, Mayor Michael Neoh.

In other words, the message to young gays and lesbians from our political leaders in south-west Victoria is that you are, and should remain, second class citizens.

What a terrible, isolating and discriminatory message.

And it is not just about young people. There are many older gays and lesbians living in Warrnambool who, despite their age and wisdom, are still too frightened to reveal their sexuality for fear of rejection.

I know how hard it can be. I grew up in Warrnambool and returned here determined not to retreat back into the closet. Bluestone has lost subscribers because of this, but, I would hope, we have also gained more.

Sexual identity is not something you can just turn on and off. Similarly, it is not enough to “like” gay people, provided they don’t act too gay or start asking for too much.

What is so heartening is that the majority of people in Warrnambool actually get this.

What is so disheartening is that the majority of our civic leaders don’t.

OPINION – Carol Altmann

[box] A warning: this piece contains details of Rolf Harris’s crimes which some readers may find distressing.[/box]

[dropcap style=”color: #a02f2f;”] I [/dropcap]t is more than two months since the Warrnambool City Council promised a discussion about the future of the Rolf Harris mural in light of his convictions for molesting children but, until now, we have not heard a word.

As readers will recall, an impromptu mural by Harris in the loading dock of the Lighthouse Theatre was covered by painted perspex after he was convicted on 12 counts of sexually abusing four girls aged between eight and 19, with the community split over whether the work should be retained or painted over.

Mayor Michael Neoh, at that time, said there was no room for a “knee jerk reaction” and the future of the work needed a considered response – perhaps it would be reinterpreted by adding a white ribbon over the perspex or some other symbol of denouncing violence against women. (Except Harris’s crimes were not about women, they were about sexually abusing children.)

Then the discussion fell quiet as if, by keeping the mural out of sight and out of mind, we might all just forget about it.

But survivors of child sexual abuse never forget, and neither do we.

[dropcap style=”color: #a02f2f;”]W [/dropcap]hen Bluestone emailed each councillor for an update on their personal view about the mural, Mayor Neoh initially sounded annoyed that he was being pressed to “act in haste”.

“Council will discuss the matter as a group. I would respectfully say that it is appropriate to address issues in a considered manner and not to not act in haste to meet external deadlines,” he wrote.

When asked what deadlines he was talking about, Mayor Neoh replied:

“As you would be aware the painting has been fully covered and we were awaiting for any indication of an appeal processes which seems unlikely now. The acting (Chief Executive) and I recently discussed raising it in a future briefing and I assume it will be an item, like many others, on a briefing agenda in the near future.”

So does Mayor Neoh still want the mural retained or not? We don’t know.

[dropcap style=”color: #a02f2f;”] O [/dropcap]ur view on the mural is unequivocal – it should already be gone and you can read our reasoning in our earlier opinion piece – but the councillors are divided.

The full responses from councillors can be found here, but, in summary: Cr Kylie Gaston and Cr Peter Sycopoulis said they wanted the work retained – but covered – and with some form of educational message added, such as the white ribbon symbol or an explanatory plaque.

Cr Peter Hulin said that unless Harris successfully appealed his conviction (which appears unlikely), the mural should be painted over.  While Cr Jacinta Ermacora said there was no right answer, she believed the fate of the mural should be decided by the community and “relevant stakeholders”. “I believe that the voices of victims aught be given significant weight in this matter,” she said.*

We did not receive a response from Cr Brian Kelson or Cr Rob Askew.

[dropcap style=”color: #a02f2f;”] W [/dropcap]hat I wonder is this:

Would the council still be tip-toeing around this issue if the mural had been painted by a Warrnambool man who had since been found guilty of the same crimes as Rolf Harris?

[learn_more caption=”You can read details here: contains explicit content”]Harris’s crimes include touching an eight year old girl’s vagina, digitally penetrating a 15 year old girl on multiple occasions, and licking the vagina of a 15 year old girl while she was asleep and her parents, whom Harris had been visiting, were downstairs.[/learn_more]

These are among the crimes which the judge outlined in his sentencing of Harris and they need to be named up. (You can read the full remarks here).

The celebrity status that Harris used to cover up his crimes (including in 1986, when he painted the Warrnambool mural), is the very same status that is protecting him now.

We don’t need white ribbons and plaques and educational reinterpretations to remind us that this man is a predator and, to this day, has shown no remorse: he typifies so many sexual abusers, including those who still walk free in our community.

“But it is art”, is the most common response from those who find it impossible to accept that this mural must go.

It is a painting, to be sure, but in my mind not all art is created equal.

[dropcap style=”color: #a02f2f;”]P[/dropcap]ublic murals, by their sheer nature, are transitory: they fade, they are painted over, they are removed.

We know this because about 12 years after Harris spontaneously created his mural from an errant paint splodge, another commissioned mural less than 400m away was bulldozed to make way for a string of soul-less apartments in the Ozone carpark without so much as a whimper.

This was a work by local indigenous artist Fiona Clarke.

Harris’s work will remain in dozens, if not hundreds, of private art collections around the world – he was nothing if not prolific – and had this mural been treated the same way as Fiona Clarke’s when the Lighthouse Theatre was upgraded, it would already be gone. (Apparently the plans were modified to accommodate the mural, such is the power of celebrity.)

If only we, as a city, had the courage and fortitude of Frank Penhalluriack, the Melbourne paint shop owner who, the moment Harris was found guilty, rolled a bright-red roller over an impromptu Harris mural painted in his shop in 1990.

“It is one of the most important stands I have ever taken,” he told the Herald Sun.

I wonder how many of us – and our city councillors – could say the same thing?

* Since being contacted by Bluestone, Cr Ermacora raised the issue at last week’s council briefing, which is the first in a series of steps toward opening a wider community discussion.

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