20:30 Sat 05 Jan 2008				REF:6123ObR1
					Y/R: Letter dated 21 Dec 2007
TO:	Cr Denise WILTON		cc	Parents
	MAYOR				F:	{61}(2) 9978-4132
	MOSMAN MUNICIPAL COUNCIL

Dear Madam Mayor and Councillors

	RESPONSE MAYOR'S LETTER DATED 21 DEC 2007

This is my response to your letter dated 21 Dec 2007.  

The response has been formated to reply to each sentence of your 
letter namely:

A	I am sending you a copy of the Code of Meeting Practice
	so that you will be aware that you continue to contravene 
	the Code with your behaviour at Council meetings

B	All members of the public in attendance in the Council Chambers
	 are bound by this Code. 

C	The Mayor has the discretion to take questions or not prior
	to Council meetings.

D	As I have informed you a number of times, I will only take written
	questions from you.

E	Council has spent a great deal of time on your complaints, before
	and during Council meetings, in meetings with the General Manager, 
	in dealing with a barrage of emails, faxes and written material.

F	You are bound by the Code of Meeting Practice when in the Council
	Chamber. 

G	At the last Council meeting you once again continued a tirade when
	I was on my feet. 

H	It is very clear that when the Chair stands, any speaker will sit
	down and cease speaking.

I	Section 2.12 prohibits insulting, personal or defamatory statements, 
	which I believe you made in Council Chambers. 

J	If you once more contravene this Code I will call upon the official 
	to have you removed. 

K	If you continue to resist, I will call the police, as this is the
	advised course.

L	Your behaviour is causing a public nuisance and unless you conform 
	to the Code of Meeting Practice, the next course would be to issue 
	you with a legal injunction.

RESPONSE TO EACH SENTENCE

A	I am sending you a copy of the Code of Meeting Practice so that you 
	will be aware that you continue to contravene the Code with your 
	behaviour at Council meetings.

Madam Mayor we are very familair with the NSW Local Government 
Code of Meeting Practice as a number of Council meetings have 
been attended in Australia and the UK over the last 15 years 
including South Sydney, Sydney, Neutral Bay, Willoughby, 
Warringah, Manly and Pittwater.

This is why you were sent a four letters letter on 08 Aug 2007

1	Why Did Council Not Allow Child Protection Questions ?
2	Council cannot delegate Duty of Care
3	s232 Clarification on the Role of a Councillor
4	Question on General Manager'sReport

As at 10 Jan 2008 yet we have not received a response to any of the 
letters

B	All members of the public in attendance in the Council Chambers 
	are bound by this Code.

Madam Mayor all members of the Public AND the Council

C	The Mayor has the discretion to take questions or not prior to
	Council meetings.

Yes that is why all the questions have also been supplied in writing.

The questions on 11 Dec 2007 were emailed before the meeting to:

1 	Show the questions had not been asked before
2 	Confirm them in writing and verbally 
3 	Ilustrate they were from 3 different people

D	As I have informed you a number of times, I will only take written 
	questions from you.

The questions are always provided in writing to allow the Council time 
to prepare appropriate responses

E	Council has spent a great deal of time on your complaints, before 
	and during Council meetings, in meetings with the General Manager, 
	in dealing with a barrage of emails, faxes and written material.

The Council has spent very little time responding to questions.  

A time record will be provided for those that attended Council 
meetings to ask questions and were not allowed to address the 
Council as stipulated by the NSW Local Government Association 
Code of Meeting Practice Rules

F	You are bound by the Code of Meeting Practice when in the 
	Council Chamber. 

As are the Council and the Councillors

G	At the last Council meeting you once again continued a tirade 
	when I was on my feet. 

As I recall Madam Mayor I stood to ask the questions and you were 
still seated when you said "we received your questions by email Mr 
Gould and they are the same Questions".

When I said they are different questions, you stood up and walked 
out with the General Manager

H	It is very clear that when the Chair stands, any speaker will sit 
	down and cease speaking. 

Madam Mayor even some of your Councillors think you behave like a 
Schoolteacher when you conduct the Council meetings

The Council is a forum for debate not a classroom or Star Chamber

I	Section 2.12 prohibits insulting, personal or defamatory 
	statements, which I believe you made in Council Chambers. 

Which insulting, personal or defamatory statement am I alleged to 
have made ? 

J	If you once more contravene this Code I will call upon
	the official to have you removed. 

Madam Mayor I will be requesting that there is a member of the NSW 
Local Government Association at the Council meetings in future as 
Mosman Council has not complied with the NSW Local Government 
Association Code of Meeting Practice

K	If you continue to resist, I will call the police, as this is 
	the advised course.

What course of action do we have if the Council refuses to provide 
adequate answers to Parents' reasonable questions ? 

L	Your behaviour is causing a public nuisance and unless you
	conform to the Code of Meeting Practice, the next course 
	would be to issue you with a legal injunction.

Perhaps it is best to allow the Courts to decide whether your 
allegation that my Behaviour is a Public Nuisance or in the Public 
Interest

Yours sincerely

Stephen GOULD
Hon Secretary
KIDS SAFE-AT-SPORT - SHOROC

E:	Stephen.gould@ksas-au.net
M:	0416-009-468

Att
A	16, s77, s83 NSW Local Gov Code of Meeting Practice
08 Aug 2007 - Why Did Council Not Allow Child Protection Questions ?
08 Aug 2007 - Council cannot delegate Duty of Care
08 Aug 2007 - s232 Clarification on the Role of a Councillor
08 Aug 2007 - Question on General Manager'sReport