Hutt City councillor won't issue public apology following code of conduct breach

Friday, 23 October 2020

Hutt City councillor Chris Milne did not make a mandated apology after being found to have made serious code of conduct breaches.

Hutt City councillor Chris Milne won’t be issuing a public apology after being found to have made serious code of conduct breaches.

Milne had since sought legal advice and concluded the “multiple penalties” imposed on him were “invalid”, referring to a specific code in council’s code of conduct, claiming council had not followed it correctly.

At a meeting on October 9, Milne was ordered to submit an unreserved apology by midnight Friday, after an independent review found he made “material and serious” breaches relating to two separate complaints made against him.

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The first accused Milne of interfering with the council’s waste and recycling tender process, while the second alleged an ongoing conflict of interest while council considered selling land for the benefit of Hutt Valley Tennis.

But Milne said council’s handling of the process “was always political payback” for its public grievances against him “over the publicity surrounding [its] private land dealings”.

Milne said those feelings were “reinforced” right up until the October 9 meeting, where council allowed one of its supporters to “ask a whole lot of pre-prepared and completely irrelevant questions,” including about people he had worked with since the mid 90s.

Hutt City Councillors decide Chris Milne’s fate at the meeting on October 9.

He said due to council’s inconsistency and “non-judicial” process, it could not enforce the penalties against him, and expected council to “re-examine” its “proper limited authority” within the code of conduct.

“I cannot apologise for doing my duty conscientiously. It would let down all the people who rely on me to stand up for them in council, for honest local government,” he said.

The apology – acknowledging the seriousness of his wrongdoing and a commitment to adhere to the council's code of conduct – had to be accepted by Mayor Campbell Barry and the chairs of the council’s standing committees by October 23..

Mayor Campbell Barry said when elected members made a mistake, or get something wrong, people “rightly expect them to own up to it, apologise, and learn from the experience”.

In a letter of censure Mayor Campbell Barry said Milne’s actions were disappointing and unacceptable.

”Frankly, the lack of remorse shown by Councillor Milne and his failure to front up and apologise reflects a pattern of behaviour that not only fails to meet the standards set out in our Code of Conduct, but also falls well short of our community’s expectations,” Barry said.

Milne appeared defiant at the October meeting, calling the investigation a political hit job and repeatedly refusing to apologise.

“I wouldn’t feel very good about it because I wouldn’t believe it … It depends how genuine you want the apology to be” he said.

Milne risks losing his position on the Risk and Audit Subcommittee and Seaview Marina Ltd board for missing the deadline.

A letter of censure was delivered to Milne last week, written by Barry, on behalf of the council. In it, he said Milne’s actions were disappointing and unacceptable.

“Your conduct, and response to attempts to resolve it, was not becoming of your experience and seniority on council. It risks setting a poor example to other elected members.”

In addition to the apology and letter, Milne will only have access to council staff though council chief executive Jo Miller, and has been ordered to pay $16,500 towards the cost of the investigation. The total cost was $27,500, excluding GST.

The disciplinary measures were imposed after an independent investigation found Milne to have inappropriately contacted a general manager from Waste Management Ltd while the council’s waste and recycling tender process was still active.

Milne was found to have breached rules around relationships with the public.

Milne also attempted to influence council staff to sell tennis court land in a way which would benefit Hutt Valley Tennis, which triggered a second complaint. Milne’s wife is the president of the tennis club.

The investigation found he breached conflict of interest and ethical behaviour rules.

Additionally, he is required to undergo training and a restorative process to rebuild trust with the council.

Milne was first elected to the council for one term between 2004 and 2007. He was re-elected in 2010 and has remained on the council since.