Interests of Meander Valley Council

Bob Loone

Mayor M. Shelton: You have stated in Council that you are a member of, Timber Communities of Australia, and there are reports of other associations, which you may wish to declare, these may be perceived as a reason for apprehended bias. Councillor M Kelly: Involved in Kelly logging, sawmilling, establishing plantations and contracting: he is named on FPP to log family property adjoining Richards; these may be perceived as a financial interests based on family connections. Councillor J Dornauf: Various forestry interests including directorship of a plantation company. Would voting in favour of forestry improve her bargaining power when selling her timber? Which harvesting company manages her plantations? Mr. McElwaine acts for both Gunns Ltd. the logging contractor in the Richards DA and the Meander Valley Council. Did he perceive a conflict of interest in this matter overlooked in his letter 5th December 2006 to Mr. Preece, the MVC General Manager?

Bob Loone
Email: bob@loone.id.au
22 January 2007

To Mr. Mark Shelton
The Mayor
Meander Valley Council

My rights to a legal opinion from Council’s lawyer Shaun McElwaine on Councillor Interests

Dear Mr Mayor,

The Permanent Staff of MVC have set a precedent by asking Shaun McElwaine to give a legal opinion on my eligibility to vote in the Richards Mole Creek Forestry matter. I ask the same facility be granted to me as Deputy Mayor over the role that the following Councillors have played in this Development Application; Mayor Shelton, Councillors Kelly, and Dornauf.

A Register of Interests of Councillors and Permanent Staff has to be kept at the Council Offices. Mr, McElwaine should be instructed to consult the Register and give his opinion as to its relevance in the Richards DA.

Mr. McElwaine must be asked to state the penalty should individual Councillors not have declared their interests as per the Local Government Act and Council’s Code of Conduct.

The following councillors would appear to have interests that they may or may not have declared.

Mayor M. Shelton: You have stated in Council that you are a member of, Timber Communities of Australia, and there are reports of other associations, which you may wish to declare, these may be perceived as a reason for apprehended bias.

Councillor M Kelly: Involved in Kelly logging, sawmilling, establishing plantations and contracting: he is named on FPP to log family property adjoining Richards; these may be perceived as a financial interests based on family connections.

Councillor J Dornauf: Various forestry interests including directorship of a plantation company. Would voting in favour of forestry improve her bargaining power when selling her timber? Which harvesting company manages her plantations?

Mr. McElwaine acts for both Gunns Ltd. the logging contractor in the Richards DA and the Meander Valley Council. Did he perceive a conflict of interest in this matter overlooked in his letter 5th December 2006 to Mr. Preece, the MVC General Manager?

The Local Government Act states that it is your function as Mayor not the council staff under the LGA section 27 (1) (c) “to oversee the councillors in the performance of their functions and in the exercise of their powers”. As a lawyer Mr. McElwaine must have been aware of this. Why did he take instruction from the General Manager to give an opinion on myself, an instruction that is possibly illegal and not from you the Mayor?

This letter will be placed before the Appeals Tribunal when the matter is appealed.

Yours faithfully

Bob Loone
Deputy Mayor
Meander Valley Council

cc Examiner Editor, Dean Southwell
Mercury Editor, Garry Bailey
Mr John Gay CEO, Gunns Ltd.
Marguerite Scott, Local Government Office, Dept. of Premier and Cabinet.
ABC, Rural Reporter Rosemary Grant
Tasmaniantimes, Editor Lindsay Tuffin