Details of councillors conduct complaint towards Mayor revealed
“We believe the Mayor's conduct in this interview was reprehensible.”
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The full Code of Conduct complaint details lodged by two councillors, in regard to a television interview by Invercargill Mayor Nobby Clark, has been made public.
The Tribune confirmed last month Cr Ian Pottinger and Cr Ria Bond had lodged a Code of Conduct complaint against the Mayor. It followed comments Clark made in an interview with comedian Guy Williams which screened on his NZ Today programme.
A Code of Conduct investigation is now being carried out by a Dunedin-based lawyer which Clark has confirmed he has declined to take part in.
On Friday afternoon the Invercargill City Council provided The Tribune with a copy of the Code of Conduct complaint signed by Pottinger and Bond.
That full Code of Conduct complaint letter can be read at the bottom of this article.
The complaint letter says; “We believe the Mayor's conduct in this interview was reprehensible.”
It also stated: “We believe that the Mayor has failed to live up to the standards that this leadership role requires.”
Speaking to The Tribune soon after the release of the complaint letter, Clark again reaffirmed his belief that there was nothing in the complaint that would have prevented either Bond or Pottinger from walking through his office door and talking to him.
Or alternatively for the councillors to call a “councillor-only meeting” and raise it with their colleagues there, Clark said.
“I don’t support the Code of Conduct process, it’s not appropriate before the other options are considered, and it puts ratepayers at probably about a $10,000 cost.”
The full Code of Condict complaint letter signed by Cr Ian Pottinger and Cr Ria Bond and sent to council CEO Michael Day can be read below:
3 April, 2024
The Chief Executive
Invercargill City Council
101 Esk St
Invercargill
9810
Attention: Michael Day
Dear Michael,
In accordance with Invercargill City Council's Code of Conduct, we wish to submit to you in this letter a complaint against Mayor Clark for his behaviour in the recently aired NZ Today television program. This program (season 4, episode 7) was broadcast on national television channel 3 on March 21, 2024.
It is our belief that Mayor Clark, through his language and actions, has breached Council's Code of Conduct on three counts and that the breaches can be considered material under section 2 of the Code's definition of Materiality. We specifically refer to bullet point 3, which states, "The conduct caused serious harm, for example, reputation harm, or brought Council into disrepute."
The program's main content was an interview with Mayor Clark, which took place in the Council's Mayoral lounge. The topic of the interview was the Mayor's use of the "N" word at a public function last year.
During the interview the Mayor repeatedly used the "N" word and showed no remorse for his actions. During the interview, on one occasion, Mayor Clark also flaunted a copy of the book "Twisting the Treaty" towards the camera. The reason we mention this is that to associate a book related to the Treaty of Waitangi, within an interview concerning the use of the "N" word we believe is sickening.
In concluding the interview Mayor Clark took it upon himself to force the interviewer into saying out loud the "N" word, under the condition that if he did say it, the Mayor himself would then refrain from using the word. We believe the Mayor's conduct in this interview was reprehensible and has breached the following sections of the Code.
Section 6.4 : Respect for others.
Bullet point (4) Not engaging in aggressive, offensive, abusive, harassing, bullying or discriminatory behaviour......"
(We believe his behaviour was offensive and discriminatory)
Section 8.3.: Relationship with the public.
Bullet point (6) Ensure their behaviour, in the mind of the public, does not undermine the reputation of council or other elected members.
(We believe his behaviour did undermine the reputation of council and other elected members)
Section 9.3: Contact with the media on an elected members own behalf.
9.3.1 Bullet point. (iii). "Avoid aggressive, offensive or abusive comments which reflect adversely on Elected members or Council."
(We believe this encounter with the media was offensive and has reflected adversely on Elected members and Council)
Furthermore, section 7.2 of the Code, refers to the role of the mayor and highlights section 41A of the LGA2002, which says..."The role of the mayor is to provide leadership to other members of the council and the people of Invercargill."
(We believe that the Mayor has failed to live up to the standards that this leadership role requires.)
The day after the interview the media reported the comments of the current acting Race Relations Commissioner, Saunoamaali'i Karanina Sumeo, who said in regards to the NZ Today episode..
"Leaders in elected offices have a special responsibility to speak and lead our communities in inclusive and respectful ways and should never use discriminatory, demeaning or racist language".
In lodging this complaint we have given great thought to both the process involved and the ramifications that may eventuate from this action. The code states that complaints can only be made by either elected members or the Chief Executive. We have received considerable feedback from the community that is voicing strong displeasure in the Mayor's behaviour and that cannot be ignored. This places great responsibility on elected members to act when necessary and we truly believe that if we chose not to lodge this complaint, then we would be, in effect, condoning the Mayor's behaviour.
Regards
Cr Ria Bond & Cr Ian Pottinger
Wouldn’t be the first time he’s had issues with an employer