Barrister and Thames Coromandel District Council Southeast ward councillor Gary Gotlieb has withdrawn a Code of Conduct complaint against mayor Sandra Goudie, claiming the code is not fit for purpose.
The mayor was the subject of Code of Conduct complaints filed by Gotlieb against her for an alleged attendance at an anti-vaccination rally and over the non-signing of a Local Government Leader's Climate Change Declaration.
The Code of Conduct sets out the standards of behaviour expected from elected members in the exercise of their duties.
All complaints must be made in writing to the council chief executive who is obliged to forward them to an independent investigator for a preliminary assessment, according to Local Government NZ.
Gotlieb said the system required willing parties to accept resolution.
The mayor told the HC Post she had no further comment on the matter.
Gotlieb's complaint related to a resolution passed on October 26 last year that the council "categorically supports the Government's vaccination programme with a recommendation that all elected members and staff, whether it is mandated or not, should seriously consider being vaccinated in line with the Ministry of Health's advice unless there are health reasons for an exemption".
Gotlieb said that resolution was passed unanimously with no abstentions or votes against.
"The full council was present including the mayor. That became council policy."
Gotlieb said that on November 2 the mayor attended a "Freedom of Choice" meeting "at which anti-vaccination sentiment was foremost and the mayor advised the meeting she would probably not be vaccinated".
He filed his complaint on November 7. He said, in his opinion, "I accept that any individual is entitled to their own beliefs and views. However, when one becomes an elected mayor, then certain legal and moral principles apply."
I accept that any individual is entitled to their own beliefs and views. However, when one becomes an elected mayor, then certain legal and moral principles apply.
Lawyer Gary Gotlieb at his Auckland office. Photo / Greg Bowker
Gotlieb said council chief executive Rob Williams replied on November 10, saying there wasn't enough in the complaint to reach the level of a breach as there was nothing in the email to indicate the mayor was an organiser or a speaker at the event and "what, if anything, she may have done to undermine public confidence".
Gotlieb said he replied on November 15 to say he understood the mayor was an invited speaker who went to the podium and spoke of freedom of choice not to vaccinate and was applauded by most of the attendees "and I believed this was an abuse of her position as mayor".
It has also been reported that Goudie spoke to Australian anti-vaccination group Reignite Democracy Australia in a 12-minute video published online on November 11.
Gotlieb said he also raised on December 8 the mayor's failure to sign the declaration on climate change contrary to the council's resolution that the declaration be signed and added this to his Code of Conduct complaint.
A council staff member referred the HC Post to a statement from the council's March 22 meeting in which it agreed to nominate and authorise councillor Martin Rodley to sign the declaration.
"Our council now determines that it has followed the required decision-making processes and principles of consultation as set out in the Local Government Act 2002. Mayor Goudie confirms our council will continue to pursue action to reduce our greenhouse gas emissions and play our part to help reduce national greenhouse gas emissions to zero by 2050."
The council staff member said Williams had left his chief executive role and not left a forwarding address for council-related inquiries.
Williams, in correspondence seen by HC Post, had confirmed he sought various inputs from both a legal and risk perspective and had re-read the Code of Conduct, which he said reinforced the general principles that elected members agree to a set of behaviours and, if they feel it is breached, to solve it primarily amongst themselves.
"My conclusion at this point in time," the chief executive wrote, "is that the process for resolving of these matters remains as previously advised on 10 November 2021, reiterated below for clarity.
"In terms of dealing with all of the complaints, I note that the code states that it is for elected members to monitor each other's compliance with the code and if an elected member believes another has breached the code, 'that elected member must first endeavour to resolve the matter informally by discussion with the elected member alleged to have breached the code'."
Gotlieb said in his opinion it was a waste of time to contemplate resolving his complaints under the Code of Conduct.
"Rather than fly up the Chair of Audit and Risk from Queenstown and all the associated costs, I call it quits."
According to Local Government NZ, the Code of Conduct is designed to strengthen the good governance of any city, district or region. Good governance requires that the complementary roles of the governing body and the administration are understood and respected and includes:
■Representing the interests of the people of the city, district or region; ■Developing and adopting plans, policies and budgets; ■Monitoring the performance of the council against stated goals and objectives set out in its long term plan; ■Providing prudent stewardship of the council's resources; ■Employing and monitoring the performance of the chief executive; ■Ensuring the council fulfils its responsibilities to be a "good employer" and meets the requirements of the Health and Safety at Work Act 2015.
