In his own words: Mayor responds to complaint

"It would have been farcical for me to be opposed to this use of the [Code of Conduct] and then participate [in the investigation]."

On Monday Invercargill Mayor Nobby Clark released a statement, in regard to the Code of Conduct complaint made by the United Fire Brigade Association in March, as well as his council’s resolution that he delegates speaking engagements to others for the remainder of the term. Below is Mayor Clark’s statement in full.

I need to clear what was said by me at the United Fire Brigade Association in March.

There are two levels to the complaint (1) what was said in the table banter before my formal speech and in the opening of the speech (2) the formal speech.

I have apologised twice for the banter and opening comments.

The main concern seems to be focused on what is claimed to be disrespectful and disparaging comments by me regarding volunteer fire fighters.

What I said was “there is some perception in the community that volunteers are seen as second class to the career / paid fire fighters. I do not support that perception and I’m aware that some brigades have issues regarding training, uniforms and equipment and that it was important to support those concerns. I acknowledge that in today’s world, you attend fewer fires but are often first on the scene for accidents, including fatalities and suicides.

I was in hospital post open heart surgery, I was aware that a South Canterbury accident that had the Ashburton volunteers on scene, there was two fatalities and four serious casualties were flown into the helicopter pad at Dunedin Hospital.

I am aware of the psychological impacts of these incidents and how many volunteers just go back to work after attending a call out and later in the day may offload to those at home. I am aware of that impact, as I offload council issues onto my partner, who has nowhere to go with them.

I take my hat off to you all and where would NZ Inc be without your service.

The question that I face, is why did I not raise this with investigator.

I stated the moment I was aware of the complaint which was to be processed via our ICC Code of Conduct, I advised management and later the appointed investigator, that the code was not an appropriate mechanism for public complaints as to do so, would quieten elected members from saying anything controversial.

Section 3 – Scope defines three types of complaints, that can be subject to the code, but public complaints are not included.

So section 3 is either erroneous or if it is not, then then following sections would apply.

The investigator acknowledges that there are inconsistencies in the code and I am in the process of having them resolved.

So, it would have been farcical for me to be opposed to this use of the code and then participate.

I think that many elected members would be nervous about this use of the code (what the Freedom of Speech Union refer to as ‘weaponising codes of conduct’ to restrict free speech in a democracy).

My colleagues have also focused in on my medical recovery, some implying I may not be capable of performing as a Mayor.

I’ve experienced some ‘brain fade’ which is an impact of open heart surgery and could result is some minor disjointed presentation. I was told this could take 2 years to clear. I did advise my colleagues and senior staff well before the UFBA complaint arose. Recent advice from two leading NZ medical professors, states that brain fade can be an impact and tends to dissipate within three months. I don’t have any current, ongoing impacts and I feel fine.

I’ve also had a medical test to ensure that I have no memory deterioration and that was positive and normal.

And finally, some of my colleagues have suggested it is wrong for me to not abide by their resolution 8 that requires me to consider delegating all external events to the Deputy Mayor or a Councilor for the reminder of the term (up to October next year).

I will not comply with that resolution for three reasons (1) section 16 of the code outlines the penalties available where a material breach of the code is identified. It does not include withdrawal from external duties (2) resolution 8 is not binding and is only a recommendation, in this case, based on health concerns, and I am in the best position to gauge that wellbeing (3) I already have a practice of sharing the external load and have recently had Deputy Mayor Campbell and Councilors Dermody, Ludlow and Soper represent ICC at some of those events, as part of my desire to develop others and look to succession planning for when I retire at next years’ election.