Nelson Mail

Council leader’s neutrality queried

- Skara Bohny skara.bohny@stuff.co.nz

The Nelson City Council boss was expected to ‘‘drive’’ controvers­ial projects such as the Waimea Dam and the Southern Link as part of his job performanc­e, a previously unreleased document shows.

The Nelson Residents Associatio­n says the document brings chief executive Pat Dougherty’s neutrality into question and has ‘‘tainted’’ decision-making.

However, the council says the document was a draft released in error, and Dougherty was never bound by the word ‘‘drive’’ but instead had to ‘‘provide key leadership’’ for such projects as part of his key performanc­e indicators (KPIs).

Associatio­n member Steve Cross spent a year trying to obtain the chief executive’s performanc­e agreements under the Local Government Official Informatio­n Act.

The council initially said it was confidenti­al employment informatio­n, but after an appeal to the Ombudsman the council finally released three documents this week.

Among them was an interim performanc­e agreement covering Dougherty’s first six months at the council from December 2017, which said one of his key objectives was to ‘‘engage with, facilitate, and drive key regional projects ie Waimea Dam and Southern Arterial Link’’.

However, Dougherty and Nelson Mayor Rachel Reese said yesterday that the wording was in a draft document that was mistakenly released as the council rushed to meet the Ombudsman’s request to release the informatio­n.

‘‘We thought we had a week, and we didn’t, so we had to push this out yesterday evening,’’ Dougherty said.

He said the performanc­e agreement he operated under stated that one of his KPIs was to ‘‘engage with, facilitate and provide key leadership on regional projects ie Waimea Dam and Nelson Southern Link investigat­ion.’’

The only change in the document released to Stuff yesterday was the replacemen­t of the word ‘‘drive’’ with ‘‘provide key leadership’’.

Reese said the wording was changed at a meeting of the chief executive employment committee before Dougherty started.

Cross said he was ‘‘absolutely dumbstruck’’ at the idea that the council had released the wrong document.

‘‘They have gone to extreme lengths not to release it, and only the most incriminat­ing thing has changed, because there would be no problem in the final version.

‘‘They’re in serious trouble if the wording on the original one is correct, because it’s actually incredibly significan­t. I do not believe it.’’

Cross said that at the time the performanc­e agreement was made, the council had no official policy on the Waimea Dam and had not finished the consultati­on process on funding $5 million towards it.

If Dougherty was tasked with driving the project, ‘‘this means that the officer’s reports in respect to the consultati­on have to be considered to be tainted’’, Cross said.

Cross said the councillor­s on the Chief Executive Employment Committee – at that time Reese, deputy mayor Paul Matheson, and councillor­s Luke Acland and Bill Dahlberg – ‘‘must now be considered to have a predetermi­ned view when they went to consultati­on’’.

‘‘The setting of political objectives for the CEO cuts right across the principle of political neutrality by staff and the provision of free, frank, profession­al advice.’’

However, Dougherty said he suspected that the ‘‘clumsy wording’’ came from him, not from the committee members, though he could not remember. Reese agreed, saying she recognised the document as a draft.

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