Professional conduct
The Bega Valley Shire Residents and Ratepayers Association (BVSRRA) confirms it was one of a number of parties who pursued a Code of Conduct complaint against Cr Tony Allen, following the findings of a District Court Judge in a defamation action initiated by Cr Allen (BDN, 23/12/14).
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The BVSRRA wishes to make it clear that in determining to pursue its Code of Conduct Complaint, it was in no way attempting to make a judgement about Cr Allen’s behaviour, but rather it was concerned to ensure Bega Valley Shire Council (BVSC) observed best practice standards of governance.
In the wake of the District Court judgement, the BVSRRA was advised by BVSC that it could only investigate a possible breach of its Code of Conduct if it received a formal complaint.
The BVSRRA was concerned that a situation involving a potential breach of BVSC’s Code of Conduct by another councillor or employee of council could arise in the future and if the previous matter of Cr Allen’s behaviour had been ignored, then that councillor or employee might argue that a double standard was being applied by council against them, thus potentially compromising council.
The BVSRRA believes that residents/ratepayers are entitled to expect that government employees and elected officials will always do their utmost to adhere to the highest standards of professional and personal integrity in their dealings.
Finally, the BVSRRA believes that it is important that residents/ratepayers are made aware of the fact that, contrary to the recommendation of the independent reviewer, BVSC failed to make public all of the findings contained in the independent reviewer’s report.
BVSC has refused to provide any explanation of its actions in that regard.
John Richardson
Secretary, BVSRRA
Dumbfounded
I am totally dumbfounded by the letter from ex-Deputy Mayor Janette Neilson (BDN, 2/1) regarding the apology required for the inappropriate behaviour of the then Mayor Tony Allen.
Firstly, I was a party to the original decision to write a letter of complaint regarding the mayor’s actions after hearing eye-witness accounts from four people present that day.
Secondly, it was Tony Allen who commenced litigation against Laurel Lloyd-Jones for defamation, not the other way around, resulting in it being proven in the NSW District Court that he conducted himself inappropriately and bullied and intimidated Muriel Campbell.
Thirdly, though it is true that “a defamation case (was) won by Cr Allen with costs and damages awarded to him in relation to the matter”, Ms Neilson seems to ignore the fact that half of the imputations from that original trial were overturned on appeal with serious questions arising regarding the truth of evidence presented by some of the witnesses.
Fourthly, following publication of the results of the retrial of Cr Allen’s defamation action, I was one of the people who lodged a Code of Conduct Complaint with Bega Valley Shire Council based on those findings from his own litigation against Sr Laurel.
Finally, after investigation of our complaints, the matter went before council, which decided to publish only part of the findings of their own investigation.
“Personal vendetta”? “Unjust”?
I feel that Ms Neilson needs to examine where the vendetta and injustice really lie.
I also wait with interest for the next move.
Seán Burke
Central Tilba
‘Personal vendetta’ a stretch
Let’s not start 2015 by allowing ourselves to be persuaded or deluded into thinking a “personal vendetta is underway” regarding the public apology our council requires be made by its former mayor Cr Tony Allen for his behaviour towards a resident of Bermagui, Muriel Campbell. (Letters, BDN 2/1).
The facts of this matter are crystal clear.
Last April a District Court Judge made findings of fact, including:
- “Applying community standards to the findings of fact set out above, a visit by a senior official such as the Mayor to the home of someone he had met once before, for the purposes of discussing a complaint made about him to the Ombudsman, would be enough in itself to be bullying conduct….”
- “No matter how conciliatory and friendly the plaintiff (Cr Allen) may have been at the meeting…., the manner in which it was set up on the telephone would be, from the viewpoint of community standards, inappropriate in that it was bullying conduct to have set up the meeting in this fashion.”
- “….Both on the objective evidence of the facts, and having regard to community standards, conduct of this kind by a public official such as the Mayor is overpowering.”
The court action had been commenced by Cr Allen some time before.
- Four separate complaints were subsequently received by council regarding the negative findings of fact about Cr Allen’s behaviour.
- Council appointed an independent investigator to determine whether or not the court’s findings of fact amounted to a breach of the council’s Code of Conduct by Cr Allen.
- Council accepted recommendations made by the independent investigator and determined the complaints last month by resolving, among other things, to require Cr Allen to publicly apologise to Ms Campbell.
The eight month timeframe it took (from the date of the District Court’s judgement) for the council to have the complaints investigated and determined is reasonable in all the circumstances.
Those involved were the judge, four separate complainants, an independent investigator and the council.
No room for a personal vendetta there.
Janette Neilson was a faithful, supportive and loyal deputy mayor to Cr Allen – almost to a fault – but to suggest the germane facts (set out above) somehow form part of a “personal vendetta” is a bit of a stretch at best.
Tony Allen has always been a councillor who has “lived by the rules” and insisted that those rules be applied to all.
It follows that he will apply those rules to himself and publicly apologise without reservation to Ms Campbell for his behaviour.
To do otherwise would be a perversion of the processes of our council.
David Jesson
General Manager Bega Valley
Shire 1993 - 2007
