Fallout from ‘abusive’ Bydder submission grows
Wednesday, 3 July 2024
Two dozen code of conduct complaints - an apparent record - have been made to Hamilton City Council over a profanity-laden submission from one of its councillors to Waipā District Council.
The city council late on Monday confirmed 24 code of conduct complaints about councillor Andrew Bydder’s submission - he says as a private citizen - over constructing a third bridge in Cambridge.
The complainants include mayor Paula Southgate.
“I’ve never seen that many complaints come in on a single code of conduct issue.
“It speaks to the strength of feeling this has generated,” Southgate said.
A council spokesperson later confirmed it was the highest number on one issue since the code was reviewed in 2022 to allow members of the public to make complaints.
Bydder’s submission included F and C four-letter words, slurs referencing the intellectually and physically impaired, and comment on mayor Susan O’Regan’s physical appearance.
The council said the complaints were from a mixture of Hamilton and Waipā councillors, and members of the public. Further complaints can also be made.
It said an initial assessment by law firm Tompkins Wake had determined the matter should be referred to an independent investigation.
No further comment on process or other information would be provided now that the independent investigation was underway.
However, Bydder provided a copy of the Tompkins Wake assessment and other advice given to him by council staff.
The material said the preliminary view from Tompkins Wake was that Bydder’s submission could potentially be considered a breach of the code.
It said a lawyer would now carry out the independent investigation which may come to a different conclusion. There was no indication of when that investigation would be complete.
The council’s code of conduct outlines a range of potential penalties and actions to sanction councillors found to have breached the code. They include suspension or removal from committees and “an invitation for the member to consider resigning from the council”.
Bydder said on Tuesday he wasn’t “at all” worried.
“They can’t force me to stand down”, he said, and he wouldn’t consider resigning.
He argued he was acting as private citizen outside Hamilton’s boundaries when he made the submission, not as a city councillor, and that therefore he shouldn’t face any code of conduct sanctions over the submission.
“It’s outside Hamilton City Council’s jurisdiction.”
But the Tompkins Wake assessment raises questions about that view and Southgate didn’t share Bydder’s opinion.
Even if a politician was technically acting outside duties as a mayor or councillor “you are an ambassador for the council and you should behave in ways that uphold the council”, Southgate said.
On whether the 24 complaints would lead to him toning down public remarks, Bydder said that, from a summary of complaints provided to him, it seemed most wouldn’t meet the standard required to qualify as a formal complaint.
He also said “I’ve got over 200 messages of support, including four from Waipā councillors, and messages of support from disabled people” and he wasn’t feeling like he should tone things down.
Ultimately, he would like to see commissioners appointed at the Hamilton and Waipā councils, as had happened in Tauranga.
“The councils are doing a very bad job.”
He said the root cause of his submission was Waipā’s alleged failure to follow correct consultation processes three times in recent years.
Meanwhile, Waipā’s O’Regan - who earlier criticised Bydder’s remarks as “repulsive” - confirmed on Tuesday she wasn’t one of the complainants.
She suggested code of conduct complaints were a “reasonably toothless” process but appreciated the support of her councillors who had complained. She’d also been “swamped” with general messages of support.
“The process belongs to the city now.”