Lack of tools to discipline councillors slated by candidates

Dunedin is witnessing how "toothless" the city council’s code of conduct can be for managing councillor behaviour, one by-election candidate says.

Another believes there should be some way for a councillor to be "exited" if they continually breach the code.

A third has described the behaviour of Cr Benedict Ong as hugely distracting for the Dunedin City Council and a fourth would like councils to be able to focus on their "real job".

In his short time as a Dunedin city councillor, Cr Ong has been both a complainant and respondent in code of conduct matters.

His complaint about another councillor was dismissed as being without substance and an investigator has lately found he was himself in breach over criticism of a staff member.

Councillors will decide on March 25 what to do about independent investigator Steph Dyhrberg’s report, which identified very serious breaches by Cr Ong.

He was also ejected from a council workshop this week for what meeting chairman Cr Steve Walker said was failure to abide by the rules.

By-election candidate and former Dunedin mayor Aaron Hawkins said it was important to have a formal process available to address bad behaviour, particularly when it came to the relationship between elected members and staff.

Lodging a complaint under the code of conduct should be a last resort, he said.

"But what if individuals refuse to take responsibility for their behaviour? Or refuse to participate in the process?

"I think we’re currently seeing a very vivid example of how toothless the code of conduct can be."

The council could impose penalties, such as a symbolic vote of no confidence, removal of privileges or restricting entry to council offices.

"The only real action that can be taken by council, beyond asking for an apology or fantasising about someone’s resignation, is removing positions of responsibility, or committee appointments," Mr Hawkins said.

Ultimately, the behaviour of elected members would be judged by voters at the next election, he said.

This was one reason why he would not support changing to a four-year-term, he said.

"All that does is dilute one of the few genuine accountability measures available."

The Otago Daily Times asked other candidates who had councillor experience for their thoughts, too.

A review of the code of conduct began while Bill Acklin was the civic affairs committee chairman last term.

"We had a workshop on this, but as far as I know it wasn’t completed and it looked like council couldn’t change things like adding further sanctions anyway," Mr Acklin said.

His opinion was if an elected member constantly breached the code and brought the council into disrepute, "there needs to be a mechanism for that councillor to be exited".

However, a council could not decide such things.

"It needs to be through a government entity that is independent from council," Mr Acklin said.

In the end, the Local Government Commission carried out its own review for the government and developed a standard code, but disqualification from office as a potential penalty was excluded from the terms of reference.

Andrew Whiley said he was extremely frustrated for Mayor Sophie Barker and deputy mayor Cherry Lucas, "as I know how Cr Ong’s behaviour is impacting on the council".

"It is hugely distracting as they and the rest of council attempt to tackle all the work that they need to address."

"[Cr Ong] obviously has his own style, but it must be adapted."

Conrad Stedman said codes of conduct were important, but the complaints process should be quick and proportionate so councils could focus on "the real job of delivering pipes, roads and services for the community".

"It’s disappointing when councillors are caught up in procedural matters while important issues, like rates rises, continue to affect residents."

grant.miller@odt.co.nz