'Toothless' code of conduct updated

Tuesday, 5 November 2019

The previous council's code of conduct complaint process was deemed 'toothless' and 'a waste of time' by councillor Matt Lawrey.

Nelson City Council has set its code of conduct for the new triennium

The last triennium's code was described as 'toothless' and a 'waste of time' by councillor Matt Lawrey, who last year said he had 'never been aware of a code of conduct complaint leading to any actual consequences'.

Councillor Kate Fulton also criticised the previous complaints process, which she said 'in a way punish[ed] the complainant more than the other councillor'.

Mayor Rachel Reese stood by the code of conduct complaints process at the time, but in the council's first meeting she said the new process was 'much better' and gave her a better grasp of what was happening around the council table.

The newly elected Nelson City councillors unanimously adopted a new code of conduct and faster complaint process.

* Nelson's new deputy mayor and revamped committee structure proposed

* Code of conduct complaints process at Nelson council 'toothless'**

Under the new code of conduct, all complaints made to the chief executive will first go to the mayor, who will determine whether the complaint is minor or has substance requiring further intervention.

If the subject is minor, the mayor can either dismiss the complaint, or where appropriate require an apology for the complainant or otherwise 'assist the relevant parties to find a mutually agreeable solution'.

Judene Edgar said she was hopeful that the council would never need to use its formal code of conduct complaint process.

Failing this, the complaint will then go back to the chief executive to be forwarded to a code of conduct panel, which was the first step under the previous code of conduct complaints process.

'It's [the new process] what I had in my first triennium … I just think it's a much healthier way to operate,' Reese said.

'It was a very litigious process, and it did take an enormous amount of staff time, and again if we're going to get this waka going faster we've got to have staff doing better things than setting up [code of conduct review] panels.'

Another new feature of the process was the ability to appeal to the chief executive or a code of conduct panel if the mayor's directions were not followed.

Council manager of governance and support services Mary Birch used the example that if a councillor was required by the mayor to make an apology and 'refuse or actually just don't do it', something which Lawrey said happened to him in the previous triennium, the complainant could take the matter further.

Deputy mayor Judene Edgar said that while the discussion had focused heavily on the breaches and penalties section of the code of conduct, she hoped that they would ultimately not be needed.

'There are all these other sections [in the code of conduct] that talk about our values, our roles and responsibilities, our relationships, and to me that is where all of this starts.

'Yes we need formal processes, but it's remembering that's the formal recourse, and hopefully that would be at the far end and ideally not used in a term. A lot of councils don't ever have to get to section 12 [breaches] in their code of conduct, and I hope that we can be one of those councils.'

Councillors unanimously passed the new code of conduct.