Letter to the Editor – Michael Brook
Dear Editor
I am concerned that Kyogle Council may have defamed Councillor Janet Wilson by releasing to the public a report that purports to be an unbiased review of a complaint for breach of Code of Conduct by Councillor Janet Wilson The publication of this report will, I believe, hinder this Councillor’s capacity to carry out the duties of an elected Councillor; this document brings her into disrepute in the public eye.
I contend that the procedures by Kyogle Council fail the requirements and the spirit of the Local Government regulation which appertains to Code of Conduct breach.
Kyogle Council has no Code of Conduct Committee – there is a lack of propriety in this fact. Councillor Janet Wilson has not been formally interviewed by Mr. McNamara, nor with any other person, as required by the Local Government regulation, concerning this matter. Kyogle Mayor, Mr. Ross Brown claims he requested an informal meeting over coffee. There is no supporting evidence that he made this offer. I feel such a meeting would have been improper. A formal summons supported by a written request would have been the right procedure.
Statements attributed to Councillor Janet Wilson and cited in this report were selected from a larger document and are not representative – I suggest they were selected to support an opinion. The essential impartiality of this review is in doubt – for instance, has the author of this document acted in a professional way for a person or persons sitting in Council Chambers? I suspect the author of this report has a conflict of interests – as a public official, his opinion may inadvertently have been influenced by his personal interests.
A copy of the report was received by Councillor Janet Wilson dated 23 September 2009, and a further letter from Council was received dated 28 October 2009. It is stated in the report that Councillor Wilson did not respond to these communiqués. This is demonstrably an untrue statement. Councillor Wilson’s solicitor holds a letter that acknowledges her reply to Council.
I contend that this matter should not be before Council because a review has not been carried out properly. The document 15F which purports to be a report is, I contend, no more than a personal opinion.
This report reflects adversely on Councillor Janet Wilson’s reputation and good name. The recommendations in this report assume, using hearsay evidence, that she has breached the Code of Conduct. This report has gone to the general public with every name blacked out, excepting that of Councillor Janet Wilson. She is named, judged, and condemned by this report, and has been publicly humiliated.
I think Councillor Janet Wilson statements, in the emails complained of, do not amount to a breach of the Code of Conduct. As a Councillor, I believe she has every right to discuss and encourage the free flow of licit information. Her statements reflect her concern for the community she serves.
My principal worry is that the nature of the complaint against Councillor Janet Wilson, was made public in Kyogle Councils’ business paper. This constitutes a gross breach of her privacy when the complaint had not yet been determined. This is a continuation of the kind of behaviour that led to a previous State Government enquiry into the activities of this Council.
Janet Wilson is known as an outspoken, keenly intelligent Councillor. Her views sometimes oppose those of the more conservative majority that constitutes Kyogle Council. Inevitably I am led to suspect that the complaint against Councillor Wilson is, in part, an expression of hostility towards her - retribution is a formidable weapon, one that may be covertly used and difficult to prove, and yet it concerns sections of this community. I am afraid there is a lack of decency and propriety in the way Kyogle Council has treated Councillor Janet Wilson.
Michael Brook
Kyogle


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