STATUTORY DECLARATION RE TUE 04 MAR 2008

Incident: refusal of Council to again allow Questions at Council Meeting

I, Stephen GOULD Management Consultant of 6 Lower Wycombe Road NEUTRAL BAY
NSW 2089, make this Statutory Declaration.

I have been the adviser to the Sponsors of "Kids Safe-at-Sport Mosman 
[KSAS-2088]" of 95 Muston Street MOSMAN 2088 since May 2007.

I am the Honorary Secretary of the "Kids Safe-at-Sport Mosman [KSAS-2088]" 
Parents' Initiative to assist Local Junior Sports Teams to comply with the 
Child Protection Legislation.

This Statutory Declaration is a record of three incidents on Tue 04 Mar 
2008 that demonstrate the problems for Residents when Councillors do not 
receive training on the "Role and Functions of Councillors" 
(ref A: General Manager Report 05 Feb 2008.)

These incidents are:

A	Mayor's refusal to allow a question at Question Time

B	Council's refusal to hear a Notice of Motion when a request to 
	speak had been lodged

C	Cr BROWN's declaration "We make the Rules.  Remember the Golden
	Rule, he who has the Gold makes the Rules". 

These incidents are in breach of the NSW Code of Meeting Practice.

1	BACKGROUND

On Sun 02 Mar 2008 five (5) questions from members of KSAS-2088 
had been faxed to the Council and Councillors in accordance with the 
letter dated 21 Dec 2007 from the Mayor Cr Denise WILTON  
{Att B: Letter from Mayor - written questions only}.

These directions state Council would only respond to written questions.

I arrived at the Council at 18:40 and notified the Clerk of the Council
that I would be asking questions and would like to speak in support of 
Item NM/5 Cr MENZIES Motion "Child Safety - Memorial Park Playground fence" 
on behalf of "Kids Safe-at-Sport Mosman [KSAS-2088]".

The Clerk of the Council noted my name and KSAS-2088 address on his register.

A	COUNCIL QUESTION TIME 18:45 - 19:00

The published Policy of Mosman Council is that:

1 	The Public can speak on any issue on the Agenda

2 	Questions can be asked between 18:45 -19:00 on any other issue 
	not on the Agenda

At 18:45 The Mayor asked if there were any questions.

One lady and I held up our hands.

The Mayor selected the Lady who approached the lectern and ask when the 
Council would review the Dangerous Traffic outside her House.

The Mayor referred the matter to John CARMICHAEL

At 18:47 The Mayor asked if there were any other questions

I put up my hand.

The Mayor ignored my hand and stood up with the General Manager to leave 
the Chamber.

I said "Madam Mayor another question" and repeated it in a louder voice.

The Mayor and General Manager ignored it and left the Chamber.

There were three witnesses to the incident prepared to give their
addresses:

1	Lydia WILLIAM		
	20/10-12 Ray Street
	TURRAMURRA	2074

2	Roland WATSON		T: (02) 9960-2876
	24 Wolesley Street
	MOSMAN  2088

3	David KELLY		T: (02) 9969-3575
	91 Ourimbah Road
	MOSMAN	2088

B	COUNCIL'S REFUSAL TO HEAR RESIDENT'S ITEM

At 19:00 The Mayor and General Manager (GM) returned to the Council 
Chamber.

The National Anthem was sung.

Cr MENZIES recited the Prayer - each Councillor can choose one of 
five prayers to recite 
{C: Mosman Code of Practice Choice of Prayers P 68 - Cr MENZIES selected E}

The Mayor gave the Acknowledgment of Indigenous People.

The Mayor then in accordance with "P 20 - r22 Order of Business" called for each 
Councillor to nominate items they wish to speak or discuss.

According to "The NSW Code of Meeting Practice" sent by the Mayor to me on 
21 Dec 2007 under r22(6)

(i)	GM will ask residents if they wish to address an item in the agenda

(ii)	Mayor will ask Councillors is they wish to call any items

	None of the Councilors called a Notice of Motion

(iii)	GM will advise Council of any items called by residents but NOT by
	 Councillors

(vi) 	GM will advise Council of items called by Residents and Councillors

(v)	Mayor will call for a Motion to adopt Officer's recommendation for
	items NOT called by residents

(vi)	Items called by residents will be dealt first in order of the Agenda

I have the delegated authority to act on behalf of the Mosman residents who
are involved with "Kids Safe-at-Sport - Mosman"

I had called for an Item to be heard on behalf of Mosman residents

This was not recorded by the General Manager.

At 19:15 The meeting started with the Councillors as a "Committee of the Whole"
not Full Council listening to items called by residents

At 20:30 the Mayor made a Statement that the Council was now a Full Council 
because all of the items called by residents had been heard and she was 
proposing an early break.

I stood up and said "Madam Mayor the item Motion NM/5 has not been called. 
Please remember the Council Prayer".

The Mayor and GM stood up and left the Chamber.  

The GM came to see me and said that Notice of Motions are heard later.

I said "Not so GM,  Items called by people present are heard first" 
(Att C: Mosman Code of Practice  1(3))

This was witnessed by 

1	Lydia WILLIAM		
	20/10-12 Ray Street
	TURRAMURRA	2074

2	David KELLY		T: (02) 9969-3575
	91 Ourimbah Road
	MOSMAN	2088

C	COUNCILLOR BROWN "REMEMBER THE GOLDEN RULE" 

Around 22:15 "NM/8 Notice of Motion: Legal Action against David KELLY" 
was being heard.

Around 22:30 there was a very belligerent statement by Cr Andrew BROWN 
to Lydia WILLIAMS: "We make the Rules. Remember the Golden Rule, he who
has the Gold Makes the Rules"

I stood and said "Not so the Council is supposed to follow the NSW Local
Government Rules not make up its own rules.  

This is the problem for residents when Councillors do not receive adequate 
training"

I was asked to leave the Meeting by the Mayor


.......................................	BEFORE:	 Robert MAUL    101946
Stephen GOULD					Justice of the Peace

DATE:	Mon 10 Mar 2008			PLACE: Mosman

Signed by					David KELLY
Signed by					Stephen GOULD