Saturday, 12 July 2014

FROM Robert D: Personal & Confidential: Special MGAB meeting

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From: Robert Dobrzynski <Robert.Dobrzynski@launceston.tas.gov.au>
Date: Wed, 9 Jul 2014 07:34:35 +0000
To: Ray Norman <raynorman@eftel.net.au>
Subject: RE: Personal & Confidential: Special MGAB meeting

Dear Ray,

I note the matters raised in your email and the counsel sought and received from the Acting Mayor.

I would suggest caution be exercised on your part in attributing statements, positions or motivations to me in regard to either the MGAB or yourself as a member. I do not believe that your portrayal of the position is accurate or reasonable.

I will be attending the Special Meeting of the MGAB, and if called upon I will personally address any concerns that I may have with MGAB and suggest matters that MGAB members may wish to consider. It will be their prerogative whether they choose to do so or not.

The Chairman Mr McKinnon has the prerogative to call a Special Meeting of MGAB as Chair. He also has a right, equal to other members of MGAB to put forward a Notice of Motion for consideration by the meeting as it sees fit.

Any member of MGAB has the right to attend the meeting and discuss the Notice of Motion as part of the debate. The members of MGAB will ultimately make a decision on the matters before them.

I would expect that any sensitive matters would be dealt with in closed session.

I fail to see how any of this constitutes a denial of procedural fairness or a "kangaroo court" as you suggest. However that is not a matter for me to determine.
You are of course entitled to take what advice you deem fit. However given that the MGAB has no ability to finally determine on other than procedural matters as they are an Advisory Committee, then I am at a loss to understand a number of the sentiments expressed in your email.

I share your desire to leverage the unlimited potential to elevate the role that QVMAG plays in the community.

Regards

Robert


Robert Dobrzynski
General Manager
Launceston City Council
M 0417 158 541
T 03 6323 3102
F 03 6323 3493
www.launceston.tas.gov.au <http://www.launceston.tas.gov.au>


From: Ray Norman [mailto:raynorman@eftel.net.au]
Sent: Wednesday, 9 July 2014 4:59 PM
To: Robert Dobrzynski
Subject: Personal & Confidential: Special MGAB meeting
Personal & Confidential

Dear Robert,

RE: Special Meeting of the QVMAG’s Museum Governance Advisory Board.

I write to you in an attempt to prevent a major breach of operating standards and to address certain allegations made in your name by the Chairman of the MGAB. Ald. Ball counselled me to write to you in an attempt to resolve the issues which are to be 'discussed' at Monday next’s MGAB Special Meeting – the agenda of which was circulated by Richard Mulvaney.

My Concerns
I am concerned that my name and reputation is being unfairly defamed in the MGAB agenda, that I am being accused without any supporting evidence, and that proper administrative procedural fairness is being denied me. I am also concerned that as one of the few people with domain knowledge on that committee and the person who has put up the only serious alternatives to the current management model, I am being targetted by the Chairman of MGAB because I have discussed various ideas with the Mayor, who is also a voting member of the MGAB.

On the basis of the allegations supplied to me, the Chairman of MGAB alleges that you have made certain allegations against me regarding sharing 'privileged' information and that you have:

  1. Advised the MGAB Chairman that you will in future review all information provided to the MGAB as long as I am a member;
  2. And that furthermore you will withhold information you deem to be confidential, sensitive and/or not for public disclosure while I am a member of the MGAB;
  3. Furthermore, you have allegedly advised the MGAB Chairman that information withheld may well include that which is essential to the deliberations of the MGAB; and
  4. Thus, by such actions it is alleged by extension that you will be preventing the MGAB from providing well-founded advice to Council as long as I am a member.

The clear implication embedded in all these allegations, is that I am untrustworthy. For me, this is a serious matter and it is clear that Mr Mulvaney's letter defames me in extraordinary ways and under extraordinary circumstances. Mr McKinnon has claimed by email full responsibility for the contents of that letter, however he seemingly maintains that you were/are the instigator of the entire sequence.

Mondays’ proposed meeting and its alleged agenda.
From where I sit the proposed meeting has all the characteristics of a Kangaroo Court. A “kangaroo court is a judicial tribunal or assembly that blatantly disregards recognized standards of law or justice, and often carries little or no official standing in the territory within which it resides. Merriam-Webster defines it as "a mock court in which the principles of law and justice are disregarded or perverted" ... A kangaroo court is often held by a group or a community to give the appearance of a fair and just trial, even though the verdict has in reality already been decided before the trial has begun. Such courts typically take place in rural areas where legitimate law enforcement may be limited. The term may also apply to a court held by a legitimate judicial authority who intentionally disregards the court's legal or ethical obligations” Read more here <http://en.wikipedia.org/wiki/Kangaroo_court> <http://en.wikipedia.org/wiki/Kangaroo_court>

The motion that is to be put before the proposed meeting, quite apart from being unconscionable, is defamatory because it attacks my trustworthiness and has been published to a list of external parties. If  evidence exists where is it? Why have I not seen it? One might imagine it must be a serious matter indeed to merit action to remove me from the MGAB. This and similar deficiencies causes the entire process to be procedurally unfair, hardly actions consistent with a General Manager surely?

The entire letter and Mr McKinnon's high handed actions, raise other key questions. For example when is it intended that the evidence will be presented to me and under what circumstances?

Fair Dealing
Consequent to the above I have not been given any opportunity to consider or counter any evidence/allegations, if it exists, in order to ensure that I, and the matter, can be dealt with fairly.

Due Process
Consequent to the above any semblance of due process or procedural fairness is not present, particularly as the claims are made by a biased party – the Chairman and potentially yourself – and are sent to the MGAB members and other parties as if they are true. Moreover, the MGAB members are likely to be asked to make a decision as if my input is entirely irrelevant.

Furthermore, given that this whole matter goes on under the aegis of Launceston City Council the issue of Council policies and standards arises.

    Declaration of Interests.
    I believe that it is well understood by yourself, the MGAB Chairman and others that I have a declared interest, not a conflict of interests, not a pecuniary interest, but a research interest , in the QVMAG, and indeed all musingplaces, from the perspective of testing the concept of ‘Community of Ownership & Interest’ (COI) and applying them successfully to our museum. Indeed, I have provided you with a COI definition at your request.

    Consequent to my research interests, I intend to interrogate and test the substance of Local Government’s legislation: internal governance and management models; policy making procedures; protocols and values; in the context of the ‘concept of COI’  having implications for musingplaces. Research ethics demand that I inform you of this again now so as there can be no confusion in regard to my intentions and purpose in the context of the actions I intend taking.

    In Conclusion.
    A meeting is to be held in which Mr McKinnon, apparently on your behalf, hopes to cause others in the MGAB to vote to recommend that Council expel me from the committee. That recommendation is based on claims made without evidence, that were not communicated to me in person, and that defame my good name before numerous members of the public – Board Members & others.

    To be honest, I find it hard to believe that a General Manager of Council would support and contribute to such scurrilous actions and I am hoping that, in the first instance, you will correct any false impression given about you by Mr McKinnon.

    If you were the instigator of this sequence, then I trust that you will act to correct the procedural deficiencies and defamatory methods used by Mr McKinnon.

    I will not lend any credibility to the proposed meeting by attending. Furthermore, it seems to me to be an extraordinarily dangerous exercise to be engaged with. Instead I await its outcome and will consider all that in the light of any evidence coming from it and the advice I have received and continue to receive. Before taking further advice and/or action I will await a response from you before the close of business tomorrow.

    I believe it is still not too late to head off the worst of this ethical and procedural tsunami however I do find it very difficult to see how community members and the Council can work together when there is so little respect given them by people working on the Council's behalf.

    I am happy to meet with you and interested Aldermen to discuss any reservations you may have and continue to work with the Council to find ways to convert the QVMAG into a sustainable community cultural enterprise operating in a 21st Century context.

    Regards,

    Ray     Ray Norman
    <zingHOUSEunlimited>
    The lifestyle design enterprise and research network

    PH: 03-6334 2176
    EMAIL 1: raynorman@eftel.net.au     <mailto:raynorman@eftel.net.au>
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