newsletters

From: Paola Lovi [mailto:paolalovi@bigpond.com]
Sent: Friday, 8 February 2008 9:05 AM
To: 'austcan@bigpond.net.au'
Cc: 'Graham Foster'
Subject: Response to your letter of last night

Dear Mayor,

I am responding to your email received last night regarding Cr Negus.

It appears that you accept that the interest that Cr Negus has in the
proposal prevents him from voting on or participating in any Council or
Council committee consideration or discussion of the matter having regard to
the provisions of the Local Government Act and the Rules of Conduct.

The prohibition is not just against voting - it extends to participating in
any discussion or consideration of the matter by the Council. The purpose
of this latter aspect of the prohibition is plainly to prevent a councillor
from using his or her position of influence and knowledge within the Council
to promote a particular outcome. That purpose would be frustrated if a
councillor with a conflicting interest acted in any way as an advocate for a
matter before the Council, whether by making representations to the Council
directly or by seeking to influence the outcome by making representations to
Council staff who will advise the Council.

Cr Negus has already had an inappropriate opportunity to be aware of the
developing proposal and to discuss it with councillors and staff. We do not
want the further consideration of this matter to become legally complicated
by the inappropriate involvement of a councillor who has a manifest conflict
of interest. He should refrain from any participation in the debate about
this matter both publicly and privately within the Council.

Regards
Paola Lovi
Chairperson
PADD