Official Information Request - Code of Conduct complaints

Sent: Thursday, 17 February 2022 9:31 AM
Subject: LGOIMA request - Code of Conduct complaints and investigations into Cr Macpherson's behaviour

Tēnā koe

I refer to your Official Information request of 21 January 2022 regarding Code of Conduct complaints and investigations into Cr Macpherson’s behaviour, and respond below as per your email.

Clarify how three of Cr Macpherson’s social media posts were found to be in breach of the Code of Conduct

Refer to the Audit and Risk Committee report to Council HERE and the report of the independent investigation to the Audit and Risk Committee HERE as referred to in the news item on Council’s website HERE.

Clarify the two other complaints that were ‘taken into account’ by the Audit and Risk Committee that Cr Macpherson was neither shown nor invited to respond to

Refer to the above reports. Mayor Chadwick advised Cr Macpherson of the two further complaints by email on 8 and 11 November 2021. Cr Macpherson responded to Mayor Chadwick via email on 12 November 2021 acknowledging receipt of both complaints.

Outline for each breach how the breach of the Code of Conduct is balanced with a commitment to the right to free of expression

Refer to the above reports. Council declines to provide any further comment as per section 17(e) of the Local Government Official Information and Meetings Act that the information requested does not exist.

How many Code of Conduct complaints have been lodged against Cr Macpherson during his time as a Councillor, and how many of these complaints have been upheld against him?

16 complaints have been lodged against Cr Macpherson since November 2019.

15 complaints were found to be breaches of the code of conduct.

You have the right to seek an investigation and review by the Ombudsman of this decision. The Ombudsman’s Office can be contacted by calling 0800 802 602, emailing info@ombudsman.parliament.nz , online at www.ombudsman.parliament.nz , or by post to The Ombudsman, PO Box 10152, Wellington 6143.

Publication of responses to LGOIMA requests

Please note: Our LGOIMA responses may be published on the Rotorua Lakes Council website after they have been responded to, with requesters’ personal details withheld. If you have any concerns about this please contact the Council on info@rotorualc.nz .

Ngā mihi