12 May 2020
Media: Local Democracy Reporter
Topic: Councillor Code of Conduct matters
Enquiry
I am working on a story, filing today, about Rotorua Lakes Council's decision to withhold a LGOIMA request re communications/documents pertaining to Reynold Macpherson's code of conduct complaint/s.
I approached Reynold Macpherson for comment on the issue and he has provided me with the following information, including the attachment, which I invite the council to respond to if desired.
Reynold Macpherson's comments:
"The Zoom hearing set for last Thursday morning 7 May was postponed until a future date due to the internet being down. I was ready to present, see attached.
The claim that " "to protect information which is subject to an obligation of confidence, where the making available of the information would be likely otherwise to damage the public interest". Council considers that making the details of the investigation public while it is still in progress may lead to it being undermined, and may be prejudicial to the parties involved, which would damage the public interest in running a robust and fair process." is is my view, cynical, and not in the public interest.
The Chair has ruled that I may only speak to the Investigator's Report, which precludes me questioning the bias and predetermination that is running counter to natural and procedural justice, the highly prejudicial role of the so-called Independent Investigator, and how the complaints process may have been abused by the Mayor and her political affiliates.
How can it be in the public interest to try and censure me using a Kangaroo Court behind closed doors? It is time for the Code of Conduct Complaint Process to be revised to take account of the Harmful Digital Communications Act which provides a reconciliation process to settle complaints about Facebook postings, the original cause of the dispute back in December over the reallocation of the South Star Shuttles contract."
Could the council please also provide me with an update on the progress of the code of conduct complaint/s against Reynold Macpherson to date?
Response
From Strategy Group Manager Jean-Paul Gaston (also Council's Privacy Officer):
Given the code of conduct process is still in progress Council will not be providing any information or comment at this time.
Council considers that, while the code of conduct complaint process is in progress, there is good reason to withhold the information pursuant to s 7(2)(c)(ii) "to protect information which is subject to an obligation of confidence, where the making available of the information would be likely otherwise to damage the public interest". Council considers that making the details of the investigation public while it is still in progress may lead to it being undermined, and may be prejudicial to the parties involved, which would damage the public interest in running a robust and fair process.
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Media: Local Democracy Reporter
Topic: Annual plan and rates
Enquiry
I understand rates have been set and it is a general rates freeze and a targeted rates rise of 4.1 per cent - subject of course to public consultation for the annual plan and then sign off by the council.
Can you please confirm this and explain how that decision was arrived at and when public consultation on the annual plan will begin?
Will that public consultation take a different form, or be adapted in any way, in light of Covid-19?
Response
The reporter was advised that their information was not correct and was subsequently provided with Council's release regarding the proposed 0% general rates increase (see HERE).
The following further clarification and information was provided:
Clarifying one thing in the release: adoption of annual plan and setting of the rates is scheduled for 9 July, please delete the word late' that appears in front of that date under the Next Steps header. Apologies for any confusion re that.
Also wanted to reinforce that these are proposals only at this stage. The rates have not been set subject to community consultation as Felix described in his enquiry. Please take care with the terminology so that people don't get confused and think the rates have already been set.
Setting (or striking) of the rates is not done until the annual plan has been adopted. What elected members heard yesterday and what will go out to the public for feedback is annual plan proposals and proposed rates.
The adoption of the annual plan and striking of the rates will be done at a Full Council meeting and will be in public. (see timeline under Next Steps header in the release)
Feedback from consultation is taken into consideration before the annual plan is finalised and approved and the rates are struck.