26 June 2020
Media: Local Democracy reporter
Topic: Code of Conduct complaints against Cr Macpherson
Enquiry
I have obtained the full independent investigator's report on the code of conduct complaint made against Councillor Reynold Macpherson, as well as the letter sent to Reynold Macpherson from the chief executive regarding the Audit and Risk Committee code of conduct findings (June 18).
I was wondering if the chief executive or mayor would like to make any further comment regarding the investigation and its referral to the council (to be considered in public excluded).
Will this be considered at the next council meeting (June 30)?
Also - that recommendation that Macpherson apologises to complainants by a "required date" - can you advise what that required date will be, or will that date be decided by the council?
I invite general comment from both the mayor and chief executive, but I was also wondering if the chief executive might be able to advise what would happen if the councillor refuses to comply with the action the council decides on - for example, the recommendation that he apologise to the complainants as well as to the full council?
Does the council have any response to Macpherson's assertion the independent investigator was not independent because he was counsel in the case concerning his (Macpherson's) challenge to the 2016 local government elections?
Subsequently received from reporter:
My apologies I forgot to include the mayor in this email thread originally.
Further to my last email, it's my understanding Councillor Macpherson believes the mayor did not "recuse" herself from the discussion and decision-making (as indicated in the chief executive's June 18 letter - though he uses the word "excuse" not "recuse") because she asked questions of him in the discussion.
I invite the mayor to respond to that if she wishes - same deadline as previously stated.
Further comments (ie direct quotes) from Macpherson are coming to me soon, so I will pass them on for right of reply as soon as I get them.
Subsequently received:
Councillor Macpherson's comments for a right of reply once they came through.
See below for his comments, I have bolded those which make accusations, much of the other parts are Reynold's background to the matter:
The Audit and Risk Committee's recommendations to Council are all about protecting their own reputations while using a commissioned, biased and predetermined report to attack mine.
The A&R Committee failed to provide natural justice, which requires the absence of bias and predetermination and a fair hearing. Nevertheless, I expect the Mayor to use her numbers on Council to have me censured.
Cr Peter Bentley and I proposed in a Notice of Motion in late November that asked Council to consult with CNI to reassure the mountain-biking communities over the treatment of Southstar Shuttles, restore any loss of confidence in the tendering process, repair any damage to Rotorua's reputation as an investment destination, reassert Council's role in governance to represent the interests of all ratepayers during implementation, provide appropriate returns to taxpayers and ratepayers for their considerable investment in the Forest Hub 2 infrastructure on CNI land, and ask CNI to fund public asset maintenance and replacement in future.
The Motion was attacked viciously and dismissed at a late November Council meeting with public excluded. So I converted it into a Facebook post in early December using material already in the public domain.
The post triggered four complaints in December 2019 and January 2020. As soon as I returned from Australia in mid January I responded in detail to each of the five complainants, as required by the Harmful Digital Communications Act, making a number of corrections to both posts and copying the changes to them and to the Mayor.
The Mayor initially refused to recognize the requirements of the HDCA, repeatedly demanded that I attend an Informal Interview as Stage One of the Code of Conduct, and lodged a Formal Complaint two days before I had finished the task - thus cancelling the opportunity for an Informal Interview.
The A&R Committee then formally approved the appointment of an independent facilitator'. Instead, an allegedly independent' investigator was appointed to evaluate the complaints. I refused to meet with him because he was the Council's paid advocate and had defended the Mayor, CE and some councillors in 2016 when I requested an inquiry into the conduct of the local election.
When the A&R Committee allowed me a hearing in May 2020 I pointed out the many flaws in the Mayor's Formal Complaint and appointment of an independent' investigator with Terms of Reference that indicated bias and predetermination. When I asked four people with actual or perceived conflicts of interest to recuse themselves, none did so, all continuing to participate. The Mayor's reported claim that she stepped aside from the discussion and decision making to avoid a perception of a conflict of interest did not constitute recusal.
The A&R Committee has since decided to accept the independent' investigator's report that found me in breach of the Code and recommended that I apologize to all complainants. Council's sole remaining option is to censure me.
How do I interpret this string of events? In my opinion, the Formal Complaint was a hasty, clumsy, authoritarian and political stunt on behalf of commercial allies who want to inhibit my freedom of speech. The Code of Conduct complaints process was weaponized instead of recognizing the HDCA. The report by the so-called Independent Investigator' was based on interviews of the five background complainants' by the Council's paid advocate. To claim that he or his report is independent is farcical.
On the other hand, the A&R Committee has accepted that the Code of Conduct complaints process now needs to be revised to accommodate the requirements of the HDCA. Since the other resolutions do not acknowledge the HDCA, they should be set aside.
Finally, the Mayor, her political cronies and partners need to learn that I will not be silenced. I take any censure as a badge of honour because I exposed what many regarded as scandalous behaviours and shamed them into retaliation, which has now backfired with the application of sunlight. And I will continue to speak the truth to power on issues as I see fit.
Response
From Mayor Chadwick:
The media is not the right forum to deal with such matters and it would be totally inappropriate to comment while a formal process is still underway.
From CE Geoff Williams:
There is a formal process underway and it would not be appropriate for me to comment.
________________________________________________________________________________________
Media: Rotorua Daily Post
Topic: Lakefront redevelopment
Enquiry
*NOTE: query relates to Lakefront media release issued yesterday - see HERE
Could I please clarify what this means please?
"The original scheduling of the work was to ensure a playground would always be available at the lakefront. However the existing playground will now be under construction before the new playground is built."
Do you mean the construction site will include the current playground - so there will not always be a playground available until the new one is built?
Could you please clarify how it is expected the lakefront will be without a playground for?
While you're at it, could I please just double check roughly what year / time of year the whole thing will be wrapped up? So stage 4 that is, after it starts in September.
Response
Please see clarification below. We'll put out more details about how this programme of work will happen closer to the start date as well.
The construction beginning in July will include the current playground and surrounding areas. Work will be completed in stages to try and ensure some play equipment is always available, especially during school holidays.
Work on the current playground area and the new playground will be staged and ongoing until the end of 2021.
Stage 4 works are scheduled to begin at the end of September and will be ongoing until the end of February 2021.
________________________________________________________________________________________
Media: NZME (Rotorua Daily Post and BOP Times)
Topic: Free buses
Enquiry
I'm emailing as I understand [you have] been approached by either Heidi [Hughes, TCC councillor] or Stacey [Rose, BOPRC councillor] from the Bay of Plenty Public Transport Committee regarding a free bus challenge - catching a free bus in the Bay of Plenty four times during July. I'm working on a story about this and would like to know whether you will take up the challenge and your reasons for doing so, or your reasons for not.
I'll keep this fairly simple with just that question but if you have any additional comment you'd like to make about public transport in the Bay of Plenty, particularly bus patronage and the opportunity to take advantage of free buses, then please include this in your response.
Additional info provided following request for more detail:
I understand councillors Heidi Hughes or Stacey Rose from the Bay of Plenty Public Transport Committee contacted each Bay mayor, including Steve, in the past two days to see whether she will do the challenge - catching a free bus in the Bay of Plenty four times during July. They are in the process of setting up a Facebook page where people doing the challenge will be asked to post pics of their trips. The idea is to remind people buses are free right now and encourage people to use them.
Crs Rose and Hughes are doing [this] themselves
Response
From Mayor Steve Chadwick:
We are certainly keen to see fewer cars on our roads and more people using other modes of transport. With bus services currently free of charge, now is a great time for people to try out local public transport.
I received a message from Cr Hughes yesterday, extending a challenge to catch a free bus during July. I like the enthusiasm and will make an effort to take the bus in the coming weeks if I can make it work with my schedule and commitments - and we will encourage all our elected members and council staff to do the same.
