Rodney Stevens
A local Councillor says it’s time for Clarence Valley Council and the Mayor to reveal the truth surrounding a concerns notice for alleged defamation issued to a Yamba community group by council’s legal firm.
The CV Independent was provided a copy of a letter from Sparke Helmore Lawyers SHL, issued to Yamba CAN Inc. chair, Col Shepherd, and secretary, Lynne Cairns dated July 18, 2023, stating their client was Clarence Valley Council.
At the February 27, 2024, council meeting, when former Mayor Ian Tiley foreshadowed a motion that included withdrawing threatened legal action against Yamba CAN, after consultation with council’s General Manager, Laura Black, current Mayor Peter Johnstone said council was not pursuing legal action.
“Cr Tiley there is no legal action by Council and so I am going to rule that motion out of order, I’m afraid,” Cr Johnstone said.
Despite this statement, confusion reigns as to who initiated the contact with Sparke Helmore Lawyers, and if are they acting for council or GM Laura Black.
Experienced current Councillor, Bill Day, who fondly recalled councillors working harmoniously with all levels of staff on the previous Maclean Shire Council said Clarence Valley Council CVC should be open and transparent about what has happened.
“I believe it’s very clear…there was only ever one concerns notice issued by Sparke Helmore and that was from Clarence Valley Council as the client to Yamba CAN as the respondent,” he said.
“I know that there has been no update, nobody has suggested that there’s been another concerns notice sent.
“I just want everyone to tell the truth and say, this is the way it was…I just want the truth to be public.”
Cr Day said he was very disappointed that Mayor, Peter Johnstone, offered him the opportunity to provide questions to Sparke Helmore, but then sent his own questions before Cr Day had the opportunity to reply.
He said he wanted answers to questions including.
Did Council request and endorse the transfer of the client position in this matter from Council to GM Black, or was it done via Delegated Authority?
Can SHL provide all details on how this transfer was negotiated and endorsed?
Could this be seen as a conflict-of-interest for GM Laura Black?
And has SHL advised Yamba CAN Inc. that council is no longer the client in the concerns notice they have received?
Cr Day said he sent these questions to Mayor Peter Johnstone and asked him to pass them onto SHL for answers, as he “is the Mayor of our governing body and he has every right to demand answers as to what actions they have taken in the name of our council.”
CVC Mayor Peter Johnstone provided the CV Independent a letter dated January 11, 2024, sent to Yamba CAN Inc. stating “I wish to confirm that Council has not taken legal action against Yamba CAN Inc. in relation to this matter.”
“The matter between Laura Black (GM) and Yamba CAN is a personal matter,” the letter states,
“Clarence Valley Council has not provided and will not be providing, any financial support.”
In a phone conversation last Friday, Cr Johnstone said he had requested more information on the matter from SHL last week.
A copy of the letter to SHL provided by the Mayor to the CV Independent states:
Please will you confirm by public statement that:
The client in this matter is Laura Black?
That Sparke Helmore will not accept instructions in this matter from Clarence Valley Council?
Clarence Valley Council General Manager Laura Black was contacted for comment but said the matter was private.
Mayor Peter Johnstone provided the CV Independent a copy of a letter from the NSW Office of Local Government sent to Yamba CAN Inc. dated October 13, 2023, stating “As the concerns notice issued on the General Manager’s behalf is a private matter and the Council has not funded the cost of the notice, the Office of Local Government can see no grounds on which councillors would be entitled to access information about the concerns notice nor could they direct the General Manager to provide it.”