Firefighters 'horrified, appalled' by Mayor’s 'disrespectful' rhetoric

“The statements regarding me and my behaviour are overly harsh/critical and in my view are not reflective of what happened on the night.”

Invercargill Mayor Nobby Clark.

From the “inappropriate” comments to the complaint, investigation, and apology - Logan Savory delves into a Code of Conduct complaint sparked by a fire brigades association against Invercargill Mayor Nobby Clark.

The United Fire Brigades Association [UFBA] has taken aim at Invercargill Mayor Nobby Clark saying he has officially damaged Invercargill City Council’s reputation following “bizarre” and “inappropriate” actions at a March event.

United Fire Brigades Association CEO Bill Butzbach alleged Clark mocked, disrespected, degraded, offended, and embarrassed its members, staff, and other guests when he attended an event held in Invercargill on March 16.

An independent investigation has since agreed Mayor Clark’s conduct was in breach of the council’s Code of Conduct.

Although Clark says the findings are overly harsh and critical.

The UFBA Firefighter Challenge was hosted in Invercargill in Match with 160 firefighters from throughout the South Island in attendance.

Clark and his partner Karen Carter were invited to attend the prizegiving dinner at the Invercargill Workingmen’s Club.

Clark was seated at the VIP table along with the UFBA President, Invercargill MP Penny Simmonds, and senior UFBA staff.

In a letter of complaint sent to the Invercargill City Council on March 28, the fire brigades association said Clark had engaged in conversations with those gathered where he “articulated some disturbing and offensive views”.

“Initially, our guests passed the comments off as ‘banter’, however, the banter intensified including…. disparaging remarks about Aucklanders, and young people in positions of authority, which was clearly directed at others sitting at the table and those who hold office in nearby parts of the country.”

The investigation later suggested Clark was referring to Gore Mayor Ben Bell.

“The Mayor also described a massive divide between volunteer and paid firefighters, which is simply unfounded and misleading. When others at the table challenged the Mayor during these conversations, the Mayor threatened to talk about them on stage,” Butzbach wrote in his letter of complaint.

Butzbach added that during Clark’s official speech on stage, he disrespected the association’s members by stating that volunteer firefighters are second-class citizens.

He also alleged that the Invercargill Mayor made a personal attack on the appearance of an event MC and the fact she lived in Ponsonby, Auckland.

The letter went on to say that Clark made another personal attack by challenging her competence as a communications professional and implied that the UFBA President and the MC were having an affair, which was untrue.

“All in attendance were horrified and appalled by the Mayor’s hateful and disrespectful rhetoric.”

The MC had never met Mayor Clark previously and as part of the investigation she said that Clark did not attend the challenge races during the day so had not seen her at work.

She reported being “very distressed” by the Mayor’s conduct towards her saying the comments were “deeply humiliating” and she “wished the ground would open up and swallow her”.

She felt unable to defend herself in front of those who were employing her to be there, fearing it would provoke even more comments from the Mayor.

It was said that the episode reduced her to tears and even days later she was anxious thinking about having to appear and host another event.

Butzbach wrote that many of the association’s members and guests left the room in disgust because of the behaviour and it has proven traumatic for staff to the point they were providing professional support services.

He wrote that the members in attendance at the prizegiving dinner were all firefighters – many volunteer firefighters - and they deserved admiration and respect for the service they provide New Zealand, including Invercargill.

One veteran firefighter was said to have walked out in protest and only returned when Clark had finished speaking.

“If the allegations are proven, the behaviour of the Mayor has officially damaged the reputation of the Invercargill City Council in the view of the UFBA and our members,” Butzbach wrote.

“The UFBA was pleased to host our event in Invercargill and no doubt the local economy benefited. We may need to review any future plans to bring our business and members back to Invercargill if the attitude and values of the local Mayor are reflective of the city he represents.”

The investigation…

The letter of complaint sparked an independent investigation which was carried out by Wellington-based lawyer Linda Clark.

Linda Clark interviewed a range of people who attended the event, including those at the same table as the Mayor, and some in the general audience.

The Mayor’s partner, who attended the event, was also interviewed although Clark himself declined to be interviewed.

Nobby Clark’s position on the matter is that members of the public cannot make complaints under the council’s Code of Conduct.

This investigation summary found Mayor Clark did breach the Code of Conduct.

Linda Clark - the investigator - says with the exception of the mayor’s partner, all other interviewees described the Mayor’s conduct in similar ways.

One interviewee said they were “shocked that he’s in the role of leadership”, while another said; “I was texting people during the speech being like, ‘do we try and get him off stage’?’’

The summary says the descriptions of the Mayor’s conduct from the time he arrived at the venue included that he was ‘antagonising in conversation’, ‘argumentative’, ‘bizarre’ and ‘completely inappropriate’.

“He attended a formal dinner in his capacity as Mayor and his conduct at that event left others feeling hurt, humiliated and angry.

Mayor Clark’s partner Karen Carter described Clark as having “a unique sense of humour”.

“But others who witnessed what happened categorically say his comments went well beyond harmless banter,” the investigation report says.

“They describe him singling out a female contractor at the event and repeatedly denigrating her and insulting her, in what one witness described as a ‘nasty’ attack.

“They also describe him insulting firefighters with comments about volunteer firefighters being ‘second class citizens’,” the investigation summary says.

“These comments were made in the context of a formal and much anticipated Prizegiving Dinner at which Mr Clark was a special guest, and given an opportunity to speak.

“The Code requires Elected Members to treat members of the public courteously and respectfully. Mayor Clark did neither,” the report says.

“Instead he engaged in the kind of conduct the Code expressly prohibits, including engaging in offensive and abusive behaviour, making a personal attack and making degrading and insulting remarks.

“Members of the public who invite an Elected Member to their special events do not expect this kind of behaviour and should not have to put up with it.”

Mayor Clark provided a short statement as part of the investigation once he had the opportunity to see the draft report.

The statement says: “While sitting at the VIP table, there was a high level of fun at the table – very jovial, with banter which went both ways.

“The statements regarding me and my behaviour are overly harsh/critical and in my view are not reflective of what happened on the night’.”

He confirms he did speak without notes and that he referred to a “love fest around our table”.

“This was not intended to do any harm, but I acknowledge its inappropriateness.”

He also confirmed that he referred to “second class citizens”, but he denies this was in the context referred to in the complaint.

The Mayor says; “what I actually said was there can sometimes be a perception that volunteers are like second class to the main firefighters but that was not what I hear. Without the volunteers in our outlying areas, we would be in dire straits.”

He accepts that the “second class comment” created concern but says that was not his intent.

Linda Clark suggested in the investigation report that Mayor Clark should apologise.

While Nobby Clark maintained that his overall conduct at the event was not as it had been described in the report, he did indicate an immediate willingness to apologise for what was said.

The apology…

On June 7 Mayor Clark wrote a letter to the United Fire Brigades Association (UFBA) chief executive where he apologised to the CEO personally, his staff, and UFBA members at the Invercargill dinner.

“While I might want to contend that some of the issues raised are not clear for me, I accept that my behaviour was not good enough as an invited guest speaker.

“For me, I felt terrible after the dinner and within a couple of days, and well before the complaint was lodged, I sought some specialist advice, as I do not normally present this way at public meetings.”

In the apology letter, Clark pointed out that the United Fire Brigades Association’s dinner was his first public event after he had returned to work from a heart attack and open-heart bypass surgery.

“The cardiac specialist I consulted advised me, after I approached them after your event, that I suffer from what is commonly referred to as ‘brain fade’ – a condition resulting from being on a heart/lung machine during the surgery (at the time, I did advise my colleagues of this impact).

Clark explained the advice was “the condition means that the brain wanders and doesn’t also keep to a normal pattern – by joining and mixing thoughts.

“With my tendency to have banter, this is now a risk for me ‘going too far’.

He went on to say the condition could take two years to pass but will improve over time.

“The way to avoid this effect is to read from predetermined notes (which I rarely do).

“At a subsequent public meeting, on Youth Crime in our City, I used predetermined notes and I kept on track/and on what was appropriate to discuss.

“So, again, I sincerely apologise for the unease I created for those at the event.”

What next…

An extraordinary Invercargill City Council has been arranged for Friday where the Code of Conduct complaint is the sole item on the agenda.

Councillors will receive the independent investigator’s report into the Code of Conduct complaint which was lodged by council chief executive Michael Day, on behalf of the United Fire Brigades Association.

They will consider the findings and determine whether a penalty, or other form of action will be imposed following those deliberations.

There is a range of penalty options available, in regard to a Code of Conduct breach, if councillors want to go down that path.

They include a request for an apology, which Clark has already instigated.

More significant penalty options include a vote of no confidence, removal of certain council-funded privileges (such as attendance at conferences), restricted entry to council offices, such as no access to staff areas (where restrictions may not previously have existed), limitation on dealing with council staff other than the chief executive; Suspension or removal from committees (including sub committees and joint committees) or any other council bodies; or an invitation to the elected member to consider resigning from council.

Friday’s extraordinary council meeting is scheduled for 2pm on Friday.