Kia ora Krista,

Thank you for your request for information about code of conduct that has been or is being investigated in Auckland Council this term 2019 onward.

I have attached an information sheet on our processes and requirements under the Local Government Official Information and Meetings Act 1987.

We will respond to your request as soon as possible and in any event no later than 20 working days after the day your request was received.

If you have further questions please feel free to contact Angela Hare ([email address]) on 09 301 0101, quoting reference 8140008983.

Ngā mihi,
The Privacy and LGOIMA team
Auckland Council

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Kia ora Krista

Thank you for your official information request below. Could you clarify that you are interested in investigations into code of conduct breaches by elected members, and if so do you mean Councillors, or Local Board Members or both?

Ngā mihi

Joanne Kearney
Ph: 09 977 1702
Privacy & Official Information Team
Governance Services

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Kia ora Krista

 

Thank you for your request for information about Code of Conduct breaches.

 

Please find attached our customer response letter.  If you require any
further information please feel free to contact me.

 

 

Ngā mihi nui

 

Angela Hare │Privacy and Official Information

Auckland Council - Te Kaunihera ō Tāmaki Makaurau

Auckland Council, Level 25 135 Albert St, Private Bag 92300, Auckland 1142

 

Championing engaged, open and innovative democracy and decision-making for
the diverse communities of Tāmaki Makaurau

 

Visit our website: [1]www.aucklandcouncil.govt.nz

 

 

[2]Auckland Council

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Kia ora Krista

Thank you very much for your enquiry for further information regarding two complaints that were resolved through mediation and one that was resolved through an apology, that were referred to in our response. We thought it would be helpful to you to put your further request in context.

CONTEXT
Code of Conduct complaints process
Under the current Code of Conduct (the Code) which was adopted in May this year, when Auckland Council receives a complaint about an elected member that relates to an alleged breach of the Code, the chief executive appoints an Investigator to carry out a preliminary assessment. The purpose of the preliminary assessment is to determine if the complaint:
• is frivolous, vexatious, or not made in good faith and should be dismissed
• is without substance, or does not appear to be a breach of the Code and should be dismissed
• is relatively minor and no further action is necessary
• relates to conduct that occurred so long ago that it Is unrealistic to investigate and/or resolve the matter, and should be dismissed
• is outside the scope of the Code and should be redirected or dismissed
• relates to a non-material breach of the Code
• relates to a material breach of the Code.
Throughout their assessment, the Investigator can make any initial inquiry that is necessary to determine an appropriate course of action.
When the Investigator finds that the complaint does not meet a materiality threshold but also, should not be dismissed, they may recommend an appropriate non-binding course of action for the respondent, which may include:
• seeking guidance from the chairperson or mayor, or other suitable mentor
• attending appropriate courses or programmes to increase their knowledge and understanding of the matters leading to the complaint
• apologising to the complainant
• participating in voluntary mediation
• resolving the complaint in any other manner that is appropriate.
Material breaches
A material breach relates to specific types of conduct which are in breach of the code, and which meet a materiality threshold. Material breaches of the code are referred to a Conduct Commissioner for mediation and/or full investigation.
Types of conduct
The following are types of conduct that may be referred to a Conduct Commissioner if assessed in the process for dealing with complaints to be material:
• participating in a decision where the member has been formally advised through the ‘complaints’ provisions of this code that a conflict of interest exists
• breaching cl 2.22 and cl 3.7 of the Conflict of Interest policy
• bullying, aggressive or offensive behaviour
• discrimination
• undermining the role of other elected members
• misrepresentation of the statements or actions of others
• disclosure of confidential information
• misuse of council resources
• harassment, including:
o violent threats or language directed against another person
o discriminatory jokes and language
o posting sexually explicit or violent material
o posting (or threatening to post) other people's personally identifying information
o personal insults
o unwelcome sexual attention
o advocating for, or encouraging, any of the above behaviour
• Publicly criticising staff or calling into question their professionalism or integrity.

Materiality
The following may be taken into account when assessing materiality:
• the conduct was not stopped on request
• the conduct appeared to be intentional, malicious, motivated by ill-will
• the conduct caused serious harm, for example reputational harm, or brought the council into disrepute
• there is an ongoing pattern of breaches
• even though the conduct occurred on only one or two occasions, it represents a major departure from expected standards.

RESPONSE TO YOUR FURTHER QUESTION.
Please find below further information regarding the three resolved complaints that you asked for.
Complaint resolved through apology
Following preliminary assessment of the complaint the investigator determined that it did not relate to a material breach of the Code. The Investigator recommended that an apology from the respondent to the complainant was an appropriate course of action and would sufficiently resolve the complaint. Subsequently both parties agreed, and the complaint was resolved.
Two complaints resolved through mediation
In both cases, following preliminary assessment of the complaint the investigator determined that it did not relate to a material breach of the Code. The Investigator recommended that voluntary mediation between the respondent and complainant was an appropriate course of action and would sufficiently resolve the complaint. Subsequently both parties agreed, successful mediation took place, and the complaint was resolved.

Ngā mihi nui

Angela Hare | Senior Privacy & Official Information Business Partner
Governance Services | Auckland Council

Phone: (09) 890 4637 | [mobile number]
Auckland Council, 135 Albert Street, Auckland
Visit our website: www.aucklandcouncil.govt.nz

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