Dear Readers,

The following is a letter from Karen Renkema Lang, sharing her reflections on a long legal process involving Kiama Council. Her account highlights important questions around transparency, accountability, and decision-making in matters of public interest.

We encourage readers to consider Karen’s experiences thoughtfully and reflect on the broader implications for open and accountable governance.

– The Bugle Team

Dear friends and supporters,

On 18 November 2024 I finally received a payment of $74,000 from Kiama Council to cover my court costs, five months after the NSW Court Order was made. The bottom line is that I’m still personally out of pocket to the tune of $8,000. Without contributions to my fund-raising campaign my personal costs would have been much higher, so thank you again to those who contributed.

I think it is important that you, and the broader community, are aware of the actions I took to have the matter dealt with fairly prior to proceeding to court. As a matter of public interest, the community should be informed of who was involved in the decisions to proceed to court on Council’s behalf? What was the rationale for doing so? What amount was approved to challenge the case? How much in total did it actually cost ratepayers? Why were the opportunities offered to avoid court action, as detailed below, not acted on?

I did attempt to have the matter addressed by Council and the Office of Local Government very early in the process. These attempts were unsuccessful. Several people have publicly criticised me on social media assuming that I hadn’t. They were mis-informed.

In addition, prior to lodging the summons at the NSW Supreme Court, I formally wrote to Council outlining my concerns and requesting that the censure motion be reconsidered. It is unclear to me whether any Councillors were informed of my correspondence or advised that reconsidering the censure motion could avoid court action and associated costs.

The concerns expressed in my correspondence were the basis upon which the Supreme Court found the censure motion to be invalid. These were clearly articulated by the Chair of Public Integrity Anthony Whealy (retired supreme court judge) in ABC news report and radio interview (links below in comments.

I have noticed recently that the news article that incorrectly reported that Council had spent over $400,000 on the matter (as at 30 March 2024) has been removed from Council’s website. However, before it was removed this incorrect amount was subsequently broadcast widely on social media and via ABC Illawarra, the Mercury Illawarra, and The Bugle Newspaper. As a result, I was subjected to much criticism and online abuse – based on inaccurate information. In spite of this, Council has made no public statement correcting the error.

This recent Sydney Morning Herald article "Council Staff must not stifle the role of public debate and scrutiny” demonstrates that what I have experienced is not an isolated case. I have also been contacted by several Councillors from other NSW Councils detailing similar experiences.

On a positive note, while this has been a very long and difficult journey, I’m pleased to have some closure on the matter, and I am now contemplating how I can use the lessons learnt over the last three years to advocate for more open and accountable Governments, and to prevent code of conduct complaints and ICAC referrals from being politically weaponised.

I wish you all a peaceful and restorative holiday, and a new year filled with hugs, laughter, and surprises that inspire and challenge you.

My sincere best wishes

Karen Remka Lang