West Coast-Tasman MP seeks probe into claims against Westland Mayor Bruce Smith

In the latest controversy in a council apparently in turmoil, two councillors have accused Westland Mayor Bruce Smith of unacceptable behaviour towards councillors and staff. Photo / Facebook

West Coast-Tasman MP Damien O'Connor has sought an "urgent investigation" into allegations against Westland Mayor Bruce Smith.

Two councillors have accused Smith of unacceptable behaviour towards councillors and staff.

It's the latest controversy in a council apparently in turmoil.

Assets manager Vivek Goel faces a Serious Fraud Office (SFO) investigation for financial impropriety. Council chief executive Tanya Winter has filed a personal grievance claim after the council decided not to renew her five-year contract. A council subcommittee has suspended Winter for alleged serious misconduct.

O'Connor said today that an independent investigation was required because of the number of councillors seriously concerned about the way their council was operating.

He had written to the Auditor-General, forwarding a copy of a letter from Councillor Gray Eatwell.

Eatwell's letter complains about Smith's "abusive language" towards Winter and aggressive behaviour towards councillors and staff.

O'Connor said Westland ratepayers needed reassurance their rate funding and council operations were working efficiently and ethically.

If the deputy mayor doesn't support me they won't be deputy mayor.

Westland Mayor Bruce Smith

"I am very concerned about the claims made in the letter and seek your urgent investigation," O'Connor wrote to the Auditor-General.

He said he wasn't in a position to judge whether a commissioner should take over the Westland council, but serious claims were being made and individual councillors felt under huge pressure. "Someone has to help them out."

The controversy tarnished the whole West Coast, he said.

Local Government Minister Anne Tolley said she was aware of developments and was being kept updated.

"I understand the Department of Internal Affairs, Local Government New Zealand and the Society of Local Government Managers are fully aware of the situation facing the Westland District Council.

"They are in regular contact with the council and are offering support and advice."
Tolley did not answer when asked if she was considering appointing a commissioner.

'Abuse of procedure'

The Press reported that Councillor David Carruthers, a lawyer, had written to Smith to complain about a council subcommittee suspending Winter for alleged serious misconduct.

The subcommittee comprised Smith, deputy mayor Latham Martin and Councillors Durham Havill and Graeme Olson.

Carruthers' said it was an "intolerable abuse of procedure" to commit council to such a serious decision. A substantial number or councillors opposed Smith's actions. Councillors had had no opportunity to participate and were being retrospectively asked to ratify the mayor's "unauthorised actions", the letter said.

The mayor has called an extraordinary meeting at 4pm today for councillors to confirm Winter's suspension for allegedly failing to inform council that the SFO was investigating Goel.

Mayor responds

Smith told The Westport News an inquiry by the Auditor-General would be a "complete waste of money".

The complaints from Carruthers and Eatwell had no basis and ignored council's code of conduct, he said.

"I really have no idea what they are talking about when it comes to abusive language."

He denied he had bullied councillors or staff.

"If I see something that I don't like I will convey to whoever I'm dealing with that I don't like it. I don't believe it's bullying ...

"I'm obviously taking advice ... in my own mind I feel I have acted professionally."

Smith said he had declared a conflict of interest and didn't vote when the council voted six to two not to extend Winter's contract, which is due to expire in September.

The council had agreed the terms of reference for the subcommittee which had subsequently suspended her.

The subcommittee was charged with handling any matters in relation to Winter's personal grievance claim and associated employment issues.

"We've legal advice that says it doesn't require a full council decision to suspend [the chief executive] or appoint an investigator."

The independent investigator, appointed by the council's legal advisor, had begun work yesterday on considering the basis for Winter's suspension, Smith said.

Havill stood by the subcommittee's decision to suspend Winter and told The Press most councillors supported the mayor, who was doing an "outstanding job".

Eatwell's letter said the council was split down the middle.

Eatwell also said the mayor had dropped Deputy Mayor Helen Lash, because she didn't support him, then reinstated her.

Smith confirmed today he had decided to remove Deputy Mayor Lash, but changed his mind after a subsequent discussion with her. He couldn't remember what the disagreement was about.

"If the deputy mayor doesn't support me they won't be deputy mayor," he added.

- Westport News