Last month, the association was both surprised & disappointed to receive a letter from the general manager of council alleging that an item of council correspondence previously uploaded to the association’s website had subsequently been downloaded & doctored by someone allegedly attempting to perpetrate a fraud against an unnamed community organisation.
On legal advice, the association decided not to respond to the unsubstantiated allegations contained in Ms Barnes’ letter.
In her letter, Ms Barnes also requested the association to remove all items of council correspondence published on its website & Facebook page & to refrain from posting any such items consisting of “council’s letterhead & signature blocks”. Ms Barnes also confirmed that she would be instructing council staff to place a clause on all future council correspondence to the association “noting that it must not be reproduced or circulated or published“.
In its response to Ms Barnes this week, the association confirmed its view that council has no authority to direct it to do anything, while citing a number of reasons why the association will not comply with her request, including:
• While the association openly acknowledges that it uploads copies of council correspondence, reports & occasionally other documents received from or published by council to its website & Facebook page, it is not aware that in doing so it is in breach of any law or regulation pertaining to such matters.
• The association believes that her request is entirely unreasonable, indeed nonsensical & potentially discriminatory, in particular given that council itself routinely publishes council documents on its own website containing her signature & the signatures of other council employees, as well as elected councillors.
The association notes that council has also published copies of the association’s correspondence on its website.
• That while the association understands that council & some members of its management, along with some councillors, might be uncomfortable with its activities, including publishing copies of council’s correspondence, reports & other public documents on its website & Facebook page, it does so largely to evidence the basis of legitimate public comments, references & observations that it makes about council’s activities & performance.
The association also believes that Ms Barnes request is anathema to council’s stated commitment to openness & transparency.
• The association is not responsible for & will not accept responsibility for the behaviour of others & strenuously rejects any suggestion that it should curtail or modify its legitimate behaviour to compensate for such actions.
• As Ms Barnes would be aware, the association is a voluntary, not-for-profit organisation whose activities are funded entirely by donations. The association also has limited resources & believes that to comply with your request would constitute an unreasonable & unnecessary use of those limited resources.
The association also advised Ms Barnes that while it shares her concerns about people allegedly attempting to defraud “wonderful organisations”, while also allegedly attempting to use council in the process, the association is equally concerned with council’s repeated attempts to stifle or disrupt its legitimate activities.
John Richardson
Secretary/Treasurer
Bega Valley Shire Residents & Ratepayers Association
Tel: 0264945669
Email: secretary@begavalleyshireratepayers.asn.au
Website: http://www.begavalleyshireratepayers.asn.au