Council to count cost of YambaCAN contact

By Tim Howard

A Clarence Valley Council resolution to order an audit of its interactions it has with a local community group is another indication of a split that has established itself in council.

Cr Karen Toms brought a notice of motion to last week’s council meeting calling for the general manager to report on the costs to the council of responding to residents group Yamba Community Action Network.

Cr Toms NOM asked, that the general manager advise, by way of a report the:

1. allocation of resources required to respond to GIPAs submitted by YambaCan since January 2022.

2. allocation of resources required to respond to RFI (Request for Information) submitted by YambaCan since January 2022.

3. any cost implications of delays to delivering the Yamba Community Precinct project since January 2022.

Cr IanTiley revealed the fraught relationship that exists between YambaCAN and the council.

He attempted to move a foreshadowed motion. He sort to move that council:

1. council formally resolve to withdraw threatened legal action against YambaCAN and,

2. the council ascertain legal costs incurred by YambaCAN and then consider contributing to those costs.

But the mayor, Cr Peter Johnstone, after consulting the general manager, ruled the motion out of order, as he contended there was no legal action from the council against the group.

This has been a point of contention for months, with YambaCAN revealing it had received a concerns notice from the council alleging the group had defamed the general manager Laura Black.

It has since said Ms Black has taken over payment for the legal action and it was a personal matter between Ms Black and the group and its offcials.

But YambaCAN secretary Lynne Cairns, said YambaCAN’s only correspondence on the matter consisted of legal letters from the council’s solicitor Sparke Helmore Lawyers, with Clarence Valley Council as the client, alleging defamation of the general manager by YambaCAN.

The group’s legal adviser said that concerns notice allowed council 12 months from July 2023 to begin defamation proceedings.

In a radio interview on

Loving Life FM 103.1 last week the mayor, Cr Peter Johnstone, said there was no legal action and the council had written to the group to reinforce its claim there was no legal action taken against it.

When asked why YambaCAN had a legal letters from the council’s solicitor bearing the council’s name, the mayor said the legal frm may have made a mistake and YambaCAN should contact the frm to resolve the matter.

In the council meeting Cr Toms said her motion was necessary to alert the public to the cost to council in time and money and delays to projects of responding to requests for information from YambaCAN.

In a rambling, disjointed address, Cr Toms also questioned the legitimacy of YambaCAN’s actions, arguing they were working outside the group’s constitution. She noted the aims and objectives of the group were “to provide a welcoming and respectful forum for a diverse range of community views relating to matters that affect the whole community.”

“That’s part of the aims and objectives and also, I think their constitution is also I think they’re not staying within the constitution,” Cr Toms said.

The councillor continued her attack on the group, claiming it was a small organisation that may represent “less than 2%” of the Yamba population.

She claimed this group had orchestrated a campaign outside the usual council processes to infuence council decisions.

“There’s a proper way of if they think that there’s criminal activity, which is what they’re saying,” Cr Toms said.

“If they think there’s wrongdoing, then there’s a proper process to go through.

“Not continual emails, not continual Facebook posts, that slander councillors that threaten intimidate.”

Cr Day described the NOM as “disgraceful”.

“This motion strikes at the very heart of transparency and accountability in this council, It should be offensive to every councillor sitting in this room,” he said.

Cr Day said he had benefted from YambaCAN’s work in gaining access to information the council had been reluctant to make public or provide to councillors.

“YambaCAN have provided to me that I never received as a councillor,” he said.

“It has certainly helped me to perform my duties as an elected councillor.”

He said the group had possibly saved the council money.

“Can any of you sitting here, imagine what the cost would be if every single member of YambaCAN individually sought support sought information from this council, rather than act as a single body and do it in one fell swoop?” he said.

“Be under no illusion, this motion is just the frst step in restricting public access to this council’s information.

“This motion is based on confict and it’s based on revenge.

“Let us support transparency and accountability and lodge this motion where it belongs, in the trash can.”

Cr Pickering said he supported the NOM because Ms Cairns had been on local radio saying she would welcome Cr Toms’ NOM

“She welcomed this motion being supported by council,” she said. “Because when their report does come back, it’ll give her the ability to respond to it.

“And that’s great. That’s openness and transparency.”

After the meeting Ms Cairns said councillors had deliberately misinterpreted her words.

“What I said was I would be happy to see the NOM include all the times the Information Privacy Commission had supported our requests for GIPAs and requests for information, how many times they had requested the council to review its processes, how long it had taken to supply information, how many times the council had not complied fully with requests, how many searches it took for council staff to fnd basic information,” she said. She was also puzzled why the council would need to go back to January 2022 to audit these requests when YambaCAN formed in October 2022, nine months later.

Cr Greg Clancy took issue with the council picking on a single community group when the evidence was scant that it was inordinately taking up council’s time. He said this NOM would also add signifcantly to council staff workload.

“From when YambaCAN formed on October 2 2022 to December 22, 2023.

“As seen in the listing of GIPA applications on councils website, there are 22 GIPA applications and only six of these refer to YambaCAN.

“The information and privacy Commission continued next page have supported YambaCAN on a number of times when council has refused to provide documents or only partially provided documents.”

He said council staff were handling 290 requests for information. Just two were from YambaCAN.

The debate also touched on a matter that went to the NSW Administrative Appeals Tribunal after last week’s meeting.

The tribunal sat last Wednesday and heard arguments from YambaCAN and the council on the matter. It has reserved its judgment for two to three weeks.

Cr Clancy said YambaCAN was attempting to gain access to exit surveys of council staff to attempt to uncover why so many staff were leaving council’s employment.

Cr Clancy said council records reveal that in two years from May 2021 175 staff had left council employment.

He said they had completed exit surveys answering questions including why they had chosen to resign.

Cr Tiley was scathing of the motivation for the NOM.

“This NOM is clearly a consequence of the councillor spectacular falling out with a community organisation,” he said.

Cr Toms called a point of order arguing this description of her motives was unacceptable, but the mayor rule against her.

“I haven’t heard anything Cr Tiley said that I would object to,”

Cr Johnstone said.

Cr Tiley said he was convinced of this by ”a number of the mover’s, regular, highly stressful and disturbing emails.”

“It’s a great shame that this community group last week felt the need to make a public appeal in the Clarence Valley independent titled Appeal to cease legal action against YambaCAN.

“Hence my disallowed motion.

“Fairness is vital, as is transparency. Attempts to get square are abhorrent. Disgraceful.”

In her right of reply

Cr Toms rejected Cr Tiley’s description of her motives.

“The problem I have is it’s an organisation that is going out of their out of their aims and objectives and constitution and heading into an area that is with staff, not only its staff and employing staff and exit interviews,” she said.

The council voted 5-4 for the report to come to council. The dissenting votes came from Crs Clancy, Day, Tiley and Jeff Smith.