Mayor cleared of code breach

Friday, 2 August 2024

South Waikato mayor Gary Petley has been cleared of any wrongdoing after a code of conduct complaint was made against him by Putāruru ward councillor Marie Farrell.

However, Farrell, who is adamant she did not lodge a code of conduct complaint and did not participate in the investigation, said she only wanted her “formal complaint” regarding the mayor’s behaviour acknowledged.

At a meeting on Wednesday, the South Waikato District Council released the independent report’s findings in full.

“My finding is that the complaint, as documented by Cr Farrell against the mayor, has no basis and should therefore be disregarded,” the report’s author Mark Abbott said.

“However, I would encourage council to use this as a learning and development opportunity in terms of further securing communication channels with the public, and reinforcing behavioural and process expectations of, and between, elected members and the public,” Abbott said.

The complaint stemmed from a heated exchange between Petley and Putāruru man Zed Latinovic who was stopped from speaking during his long-term plan submission because Petley felt Latinovic’s personal attacks against council staff were out of order.

This led to Petley removing Latinovic from the meeting and Farrell accusing Petley of denying Latinovic his right to free speech.

Petley, who was not at Wednesday’s meeting due to illness, said the whole process had been “regrettable”, but Latinovic had left him with no other option than to remove him from the meeting.

He said he was pleased the report had exonerated him, but it was time to move on.

Latinovic, who was in the public galley on Wednesday, declined to comment when approached by the Waikato Times.

Acting mayor Hamish Daine said when a formal complaint was received, the council had an obligation to investigate.

“Once a formal complaint is received council can’t backtrack, especially in cases such as this involving serious allegations.

“The code of conduct is very clear in that a complaint against the mayor must be investigated externally.

“As the report states, transcripts and interviews relating to this matter show a lack of respectful dialogue, which is never acceptable in any forum.”

Daine said the full cost of the investigation was “under $3000”.

Farrell said the investigation was unnecessary, a waste of council resources, and she had never specifically asked for a formal code of conduct complaint to be acted on.

“I’m not happy to have my name attached to something I did not initiate.”

Farrell said she agreed with the report where it stated the process positioned “councillor against councillor in the public domain which often signals politicking rather than representation” and “the weaponising of the code of conduct process, again for political or person gain or point-scoring”.

The report stated that Farrell’s failure to participate in the investigation was “disappointing” and that Latinovic, who “presents as an intelligent and articulate individual”, did appear to make “personal and unsubstantiated” attacks on council staff.

“Mayor Petley exercised his rights under standing orders to withdraw Mr Latinovic’s speaking rights on the basis that this was not being delivered respectfully,” the report states.

“Clearly there is some misinterpretation between parties as to what comprises respectful delivery and what does not.

“Frankly, any slur against councillors, staff and officers, and members of the public in this forum are totally unacceptable.”