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

-----Original Message-----
From: Krista Stevens <[FOI #16186 email]>
Sent: Sunday, 25 July 2021 3:58 pm
To: Official Information <[email address]>
Subject: Official Information request - Code of conducts

Dear Auckland Council,

May I please have information on every code of conduct that has been or is being investigated in Auckland Council this term 2019 onward.

Yours faithfully,

Krista Stevens

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This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FOI #16186 email]

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https://fyi.org.nz/change_request/new?bo...

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CAUTION: This email message and any attachments contain information that may be confidential and may be LEGALLY PRIVILEGED. If you are not the intended recipient, any use, disclosure or copying of this message or attachments is strictly prohibited. If you have received this email message in error please notify us immediately and erase all copies of the message and attachments. We do not accept responsibility for any viruses or similar carried with our email, or any effects our email may have on the recipient computer system or network. Any views expressed in this email may be those of the individual sender and may not necessarily reflect the views of 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

-----Original Message-----
From: Krista Stevens <[FOI #16186 email]>
Sent: Sunday, 25 July 2021 3:58 pm
To: Official Information <[email address]>
Subject: Official Information request - Code of conducts

Dear Auckland Council,

May I please have information on every code of conduct that has been or is being investigated in Auckland Council this term 2019 onward.

Yours faithfully,

Krista Stevens

-------------------------------------------------------------------

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FOI #16186 email]

Is [Auckland Council request email] the wrong address for Official Information requests to Auckland Council? If so, please contact us using this form:
https://fyi.org.nz/change_request/new?bo...

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

-------------------------------------------------------------------

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CAUTION: This email message and any attachments contain information that may be confidential and may be LEGALLY PRIVILEGED. If you are not the intended recipient, any use, disclosure or copying of this message or attachments is strictly prohibited. If you have received this email message in error please notify us immediately and erase all copies of the message and attachments. We do not accept responsibility for any viruses or similar carried with our email, or any effects our email may have on the recipient computer system or network. Any views expressed in this email may be those of the individual sender and may not necessarily reflect the views of Council.

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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

CAUTION: This email message and any attachments contain information that
may be confidential and may be LEGALLY PRIVILEGED. If you are not the
intended recipient, any use, disclosure or copying of this message or
attachments is strictly prohibited. If you have received this email
message in error please notify us immediately and erase all copies of the
message and attachments. We do not accept responsibility for any viruses
or similar carried with our email, or any effects our email may have on
the recipient computer system or network. Any views expressed in this
email may be those of the individual sender and may not necessarily
reflect the views of Council.

References

Visible links
1. http://www.aucklandcouncil.govt.nz/

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

-----Original Message-----
From: Krista Stevens <[FOI #16186 email]>
Sent: Friday, 20 August 2021 3:58 PM
To: Angela Hare <[email address]>
Subject: Re: LGOIMA 8140008983 Code of Conduct Investigations

Dear Angela Hare,

Thanks for your reply and for the technical nature of your answer.
Could I please get information on the one case that was resolved "through an apology" - which would seem to me to indicate that the Code had been breached....
May I also have information on the two that were resolved through mediation.

Yours sincerely,

Krista Stevens

-----Original Message-----

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

CAUTION: This email message and any attachments contain information that may be confidential and may be LEGALLY PRIVILEGED. If you are not the intended recipient, any use, disclosure or copying of this message or attachments is strictly prohibited. If you have received this email message in error please notify us immediately and erase all copies of the message and attachments. We do not accept responsibility for any viruses or similar carried with our email, or any effects our email may have on the recipient computer system or network. Any views expressed in this email may be those of the individual sender and may not necessarily reflect the views of Council.

References

Visible links
1. http://www.aucklandcouncil.govt.nz/

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #16186 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

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CAUTION: This email message and any attachments contain information that may be confidential and may be LEGALLY PRIVILEGED. If you are not the intended recipient, any use, disclosure or copying of this message or attachments is strictly prohibited. If you have received this email message in error please notify us immediately and erase all copies of the message and attachments. We do not accept responsibility for any viruses or similar carried with our email, or any effects our email may have on the recipient computer system or network. Any views expressed in this email may be those of the individual sender and may not necessarily reflect the views of Council.

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