Councillors not doing their job

The notice arrived after Yamba CAN Inc provided information to councillors that Option B (to refurbish and extend the Treelands Drive Community Centre) was a “permissible scope variation and would deliver the project within the Grant funding of $11.1m.”

Yamba CAN secretary Lynne Cairns said this information was received from a Government Information (Public Access) (GIPA) request to the organisation providing the grant, the Department of Regional NSW.

“Option B was successful in a council resolution in the December 2022 council meeting, “ Mrs Cairns said.

“Councillors were not provided this GIPA information from council staff prior to rescinding Option B in a council meeting in February 2023.

“Within six days of Yamba CAN Inc providing the information to councillors in a letter dated July 12 2023, a concerns notice was emailed to Yamba CAN Inc alleging it had engaged in defamation.”

Mrs Cairns said the Yamba CAN letter was factual and reasonable and was based on the GIPA documents.

“Yamba CAN Inc’s solicitor reviewed the letter before it was emailed to councillors,“ she said. She pointed out the concerns notice stated “We act for Clarence Valley Council” in relation to the Matter Complained Of.”

In the further particulars from council’s solicitor, Sparke Helmore Lawyers again stated clearly that their client is Clarence Valley Council.

“This action was taken by Clarence Valley Council, it is not a private matter,” she said.

Yamba CAN Inc emailed a letter to councillors requesting that:

1. A written guarantee from Council’s solicitor that council withdraws the threat of legal action against Yamba CAN Inc immediately, in relation to the July 12 2023 letter to all councillors.

2. The written guarantee includes that council will not be taking any further legal action against Yamba CAN Inc in relation to this legal matter.

3. Council pays all legal costs Yamba CAN Inc has incurred in relation to this legal matter.

“Councillors are not doing their job in looking after ratepayers, she said.

“It is not a personal matter. Council took the action in the first instance and caused Yamba CAN Inc to incur legal fees in defence.

“Council could commence legal action, actual litigation, until July this year.

She said the council should recognise the stress they have placed on Yamba CAN and other residents, by this threat hanging over their heads.

“This could also impact other members of the community; they could be fearful about expressing their opinions and that Council could take legal action against them for coming forward, just as council has done to Yamba CAN,” Mrs Cairns said. “Yamba CAN Inc requests councillors provide a motion to a council meeting providing a guarantee that council will withdraw the legal action and pay the legal cost Yamba CAN Inc has incurred.”

A Northern Rivers Times article of October 26 2023 stated “council’s general manager will pay legal invoices arising from the action.”

Mrs Cairns said it didn’t matter who paid the bills, Clarence Valley Council took the legal action and caused Yamba CAN to incur legal expenses to defend itself.

Yamba CAN Inc requests council apologise for threatening a community group, direct their lawyers to confirm it will take no further legal action regarding the letter, and pay Yamba CAN’s legal expenses.