An embattled Dunedin city councillor has been suspended from further council roles, but says he will not consider quitting after a second code of conduct breach.
Behind closed doors today, councillors voted to accept the findings of an independent investigator and decided that Cr Benedict Ong breached the Dunedin City Council’s code of conduct.
The decision was released in a council statement this afternoon.
The breach related to Cr Ong disclosing commercially sensitive information relating to a possible hotel development next to Forsyth Barr Stadium.
In the statement, Dunedin Mayor Sophie Barker said it was "hugely frustrating that Cr Ong’s behaviour is distracting from the great work that is under way in the city".
"I would once again urge Cr Ong to review his recent conduct and to live up to the oath he swore upon becoming a councillor, or to consider resigning."
The council had suspended Cr Ong from all committees and subcommittees for a period of nine months (to February 18 in 2027).
"While he is now barred from participating in committees and subcommittees, I need to be very clear that this does not prevent him from attending and participating in full council meetings, whether they are held in public or non-public," Ms Barker said.
"Any statement to the contrary misrepresents what has been decided today."
“I think it's just too cliche. I should have a t-shirt that just says, ‘never’.
“Maybe I should have it tattooed on my forehead, because a lot of people say 'you must stay on and serve'.”
Ong briefly entered the meeting, but returned to tell media he had been barred.
“How can I be there unless I want to trigger a spiral of infinite code of conduct complaints?
“I cannot be there because they've officially barred me from being there.”
However, in front of media, city services manager Scott MacLean told the councillor he was welcome to attend, as per advice he had been given.
Cr Ong declined, but maintained the choice was not his.
“No, I'm just going to be here, I think,” he said.
Questions on if Cr Ong was being performative or enjoyed the attention did not receive a clear answer.
“I'm just going to sit down and wait until it's over because I want to make sure I'm following to-the-T the advice that has been given based on their own internal legal counsels of our council.
“I'm just going to sit down. I think you've heard enough from me.”
In her statement, Ms Barker said despite Cr Ong's statements to the contrary, he was welcome to participate in full in today’s process, but declined to do so.
"He was also provided with a hard copy of the investigator’s report ahead of the meeting in order to help him prepare and participate fully," she said.
"It’s extremely disappointing that Cr Ong continues to conduct himself in this way, and to misrepresent the nature of the arrangements that are in place."
The council considered the investigator’s report and non-public report on grants subcommittee appointments behind closed doors for about 40 minutes.
The meeting’s agenda said the investigator’s report was dealt with in non-public because of commercial sensitivity.
The meeting briefly reopened to the public for the inauguration of new councillor Jo Galer.
In March, the council voted 10-2 to accept Cr Ong had materially breached the code of conduct and invited him to resign.
At that meeting, which was held in public, he read a passage from The Trial by Franz Kafka.
That breach concerned his behaviour in relation to a staff member who was a witness in a separate code of conduct case.
The investigator, Steph Dyhrberg, had found this egregious, indicating it may have been retaliatory, as the staff member had provided an account that did not line up with Cr Ong's.
The council also decided in March to remove Cr Ong as its representative on the Otago Settlers Association and the Toitū Otago Settlers Museum board, as well as noting the mayor’s decision to remove him as the technology portfolio deputy lead.
His remuneration dropped from just under $100,000 to almost $84,500.
