31 January 2020

Media: Rotorua-based Local Democracy Reporter

Topic: Alleged elected member code of conduct breaches

Enquiry

As you may be aware, I requested email exchanges to do with Reynold Macpherson's alleged code of conduct breaches under the LGOIMA.

I have received that request and am working on a story about it for the weekend paper. My deadline is 1 pm Friday.

Please note I am also interviewing Reynold Macpherson on camera tomorrow morning - I extend the same opportunity to the mayor and chief executive.

Please respond to these questions in line - if you would not like to answer a question please say so.

Happy as always to call the mayor directly for comment - especially since a number of these questions are political, not operational.

Questions:

For the chief executive

• Regarding your November complaint - has this matter been resolved?
• Do you still have serious concerns about the "potential for a more serious and ongoing relationship breakdown" as you said in paragraph 3 of your November 12 memorandum?
• In one of the exchanges, on November 8, you write to Macpherson, "Meetings and other direct contact between employees and elected members, outside of [reports to council and committee meetings, and participation in other forums and board meetings] are at my discretion". Does this apply to all councillors at all times, including the mayor?
• Were you "changing the subject" from rates affordability when you raised the potential code of conduct violation, as Macpherson suggests in the emails?
• Are you or the CFO still willing to discuss Macpherson's issues about rates affordability, separate from the code of conduct complaints?
• Do you have a workable relationship with Reynold Macpherson? Does the CFO?
• Any other point you wish to make about Reynold Macpherson's alleged code of conduct breaches?

For the mayor

• Do you think you have handled these code of conduct complaints well? Why/why not?
• Do you think Reynold Macpherson has? Why/why not?
• Do you still have concerns about the well-being of the relationships between elected members and council officers?
• If so, what, if anything, are you doing to avoid this?
• Have you met with Reynold Macpherson regarding the December complaints? Did you ask him to amend the Facebook post titled "Council implicated in Whaka project scandals"?
• Do you agree with Dave Donaldson that there are elements of that post that are "racist"?
• In your view, have these code of conduct issues been resolved?
• What is your response to Macpherson's email characterising your actions as "bully boy tactics"?
• Any other point you wish to make about Reynold Macpherson's alleged code of conduct breaches?

For council

Can you please clarify code of conduct processes:

If a councillor does not meet with the mayor informally, does it go directly to audit and risk committee?

What is the process at audit and risk committee?

Can a councillor be forced to do any of the actions laid out on page 11 of the RLC 2019-2022 elected members' code of conduct?

What happens if a councillor does not do any of those actions?

What happens if there are multiple breaches found against a councillor?

What is the ultimate punishment that can be applied for a councillor that has been found in breach of the code of conduct?

Response

From Chief Executive, Geoff Williams:

This matter is now closed. All councillors and elected members have been advised they are welcome to approach senior staff members for information and guidance on council related work. All council staff are also able to refer matters to me if they feel unsure or uncomfortable about any of these interactions.

From Mayor, Steve Chadwick:

In December last year I received a number of complaints from external parties relating to the conduct of Cr Macpherson. Being unable to reach a resolution amicably, as per Council policy (2019-2022 Code of Conduct for elected members) this has now been referred to the Audit and Risk Committee. As it is currently subject to investigation, it would be inappropriate to comment further on this.

The following was clarified with the reporter:

The Code of Conduct document you have referred to provides information around expectations of elected members, the process when conduct is breached, and guidance on how elected members should engage with council staff members.