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 Good afternoon Mr. Fitzgerald,

Monday, 8 July 2024 at 4:16 pm 

Since, you have not responded I’m left to assume that you are totally at odds with what I believe to be the case based on the evidence available to me via the research that I’ve been engage with for well over 20 years related to musingplaces. 

 

Since I have intellectual property invested in many of Australia’s major cultural institutions, along with the QVMAG, I’m a member of the Community of Ownership and Interest for those institutions. Consequently, I believe that I have demonstrated over time that my research is relevant, therefore I am at a loss to explain why you would want to contest that. 

 

Since it is being put to me that you are using Sydney’s Powerhouse Museum (AKA the Museum of Applied Arts and Sciences Act 1945 ) as a model that is a curious idea. Given that MAAS has a board of trustees known as “The Trustees of the Museum of Applied Arts and Sciences” equating this corporate structure with a Company Limited by Guarantee (CLG) draws, in my opinion, a rather long bow. Moreover, MAAS is as I understand it, is virtually fully funded by the NSW Govt and it is hardly an entrepreneurial operation. In short pants and long I’ve been visiting and engaged with MAAS in one way or another since 1955. Currently, the MAAS holds one of the largest collections my work aside from the Australian National Gallery in Canberra.

 

That said, there are ‘cultural entities’ that operate as CLGs and I’ve spent 15 years of my professional life as a ‘manager’ and closely engaged with the ‘governance’ of a CLG – and in a sense currently. Coincidently, I’m currently engaged in that institution’s review process.

 

Given the above I find it somewhat curious as to why specialist legal advice has not been sought or if it has why it is not referred to. Such advice is readily available now and the law firm Simpsons is preeminent among a growing number of law firms offering such legal advice, ARTS LAW being among them. You may know that Shane Simpson was instrumental in the establishment of Arts Law and of course you should be very aware of the operation given that they represented an Indigenous IP owner who the QVMAG was in serious dispute with.

 

As for Simpsons, as a law firm they have valued long-term relationships with their clients. Many of their lawyers hold board level positions in their client sectors and are retained for strategic commercial advice. Their clients include many of the world’s best known brands and entertainment companies as well as State and Federal Government institutions and they also act for individuals and emerging businesses. So, it should follow that Councillors in their governance role should, in compliance with SECTION 65 of the Local Government Act 1993 (Tas) a General Manager must ensure that any advice, information or recommendation given to the council, or a council committee, is given by a person who has the qualifications or experience necessary to give such advice, information or recommendation. It seems that the class of expert professional advice Simpsons or Arts Law can offer has not been provided. If that isn’t the case, then that can no doubt be verified.

 

Also, of concern to me as well is that as a Cost Centrethe QVMAG is not currently providing formal quarterly financial progress reports to Councillors. Unfortunately, this leaves the institute open to critiques to do with accountability and expenditure that draws upon the ’public purse’. This becomes even more concerning when what financial reporting that does see light of day gets to be buried in the Minuti of Council’s annual report. If the expenditure was relatively small that might be tolerated but the ratepayers’ and taxpayers’ recurrent funding annually is non-trivial.

 

If I find the ‘Strategic Instrument’ I was asked to provide advice on wanting it is because:

• Firstly, and by definition, it presents as being a ‘strategic document’ being presented by and authored by ‘management’ without Council’s/governance’s clear and unambiguous delegated authority – a non-trivial issue; and
• Secondly, it bears all the indicators that is an extravagant set of documents and given that purports to be a DRAFT this only compounds its apparent extravagance; and
• Thirdly, the document, by itself appears to lack utility and especially so in the absence expert professional legal and corporate advice given that currently Council does not appear employ officers with the appropriate qualifications. In any event you would seem to have a conflict of interest albeit not entirely of your own making.

 

For all the reasons that you should now be aware of I am disinclined to let the status quo persist while it appears to be costing the public purse as much as is indicated. If my fears are ill founded, I’m up for hearing and seeing the evidence. Nonetheless I believe that I’m owed an apology.

 

There are options open to ordinary citizens. I now see no reason to look away as I’ve often done up to now in the vain hope that transparency and accountability can evolve and be relied upon in the way it can be in like institutions like the QVMAG elsewhere. 

 

Under the circumstances it would be appropriate for you to respond by the close of business Tuesday July 9.

 

Yours sincerely,

Ray Norman

Cultural Producer, Cultural Geographer & Researcher

Dear Mr Fitzgerald,

Thursday, 4 July 2024 at 8:51 pm

I write with some reluctance to challenge your assertion regarding my professionalism to a third party regarding the relevance of my research and that it apparently lacks a contemporaneous context. Apparently in your opinion it seems, the rules I apparently rely upon have changed. This begs three questions:

• What rules?
• Changed from what to what?
• When and by whom?

 

If it is as reported, my research is “old fashioned” – paraphrased perhaps – I believe that my research is evidence based, published openly, open to critical review, peer reviewed in some instance and based on 50 plus years of professional practice – all of which is available to all see in a transparent way. 

 

So as far as my research relative to museum practice, cultural landscaping, placemaking, etc. goes this site puts my position in perspective I trust. If not, please provide your evidence.

 

Indeed, giving you the benefit of the doubt, I have searched for your engagement in the critical discourse related to musingplaces and sadly I’m not finding much. That’s not to say that it is not there, it is just that I cannot find it. If I’m looking in the wrong place, and that’s a possibility, please put me to right. 

 

In the circles I move ‘truth by assertion’ – AKA opinion – just does not cut it unless backed by evidence. “If you want to assert a truth, first make sure it’s not just an opinion that you desperately want to be true.” ― Neil deGrasse Tyson

 

For what it is worth, and for whatever reason, we seem to have arrived at that “I’LL SHOW YOU MINE NOW SHOW ME YOURS” moments –silly as it is!

 

I’m very aware that musingplaces, along with universities, are no longer the exclusive keepers of and/or the curators of knowledge. That’s so albeit that musingplaces have increasingly important roles relative to the collection of and the publication of information/data.

 

After all this time I’m keen to move on and see some timely and meaningful research and publishing going on in more musingplaces that is commensurate with the funding provided by ratepayers, taxpayers, donors, and sponsors. The QVMAG, one of the cultural institutions I watch, figures front and centre.  

 

The QVMAG does not require new buildings, better microscopes, but on the evidence, it will require a significant strategic paradigm shift to the institution:

• Being ‘governed’ by a competent Board of Trustees/Directors; along with it 
• Being ‘managed’ by team of professionals willing to seriously reconsider collection management in a 21^stC context if, in my opinion, it is to fulfill its potential; and
• For the institution to be rhizomatically networked with like institutions regionally, nationally, and internationally.

 

With my current question on notice to the Mayor and all Councillors on Council’s agenda, I look forward to your prompt response before I do whatever is open to me to effect expeditious and meaningful change. 

 

Under the circumstances it would be appropriate for you to respond by the close of business Friday July 5.

 

Yours sincerely,

Ray Norman

Cultural Producer, Cultural Geographer & Researcher