By CAMERON LUCADOU-WELLS
GREATER Dandenong councillor Matthew Kirwan has failed in his bid to gain access to past and present Dandenong Market board meeting papers.
Cr Kirwan is the alternative councillor representative on Dandenong Market’s board, standing in for councillor Maria Sampey when she is absent.
Councillors had last month voted down Cr Kirwan’s motion for access to the information.
However doubts had been raised whether the arrangement contravened the Corporations Act.
Councillor Peter Brown had argued that there may be a breach because the arrangement rendered Cr Kirwan as a potentially ignorant board director unable to fulfill his fiduciary duties.
Last week Cr Brown said subsequent legal advice cleared the council but the councillor representatives sat in a “grey area” as to whether they were board directors.
Council chief executive John Bennie last week said the non-voting councillor representatives were observers, not directors and don’t share the same responsibilities of directors.
Under the arrangement, Cr Kirwan will only have access to agendas to the meetings he attends.
