Clark won't be taking part in code of conduct investigation
Invercargill mayor Nobby Clark has confirmed he will not participate in the investigation of a code of conduct complaint against him, which he believes has bypassed the avenues of natural justice.
Councillors Ria Bond and Ian Pottinger have lodged the complaint sparked by his conduct in a television interview with Guy Williams, which itself resulted from his widely reported use of the N-word, which he cited at an arts meeting as one of several examples of language – which he chose to repeat explicitly – that he contended should not be excused by the defence of artistic licence.
Clark has already issued a public apology “to anybody who felt offended’’ by the interview. He said the two councillors were not happy with that as a conclusion and felt he should apologise for breaching the council’s code of conduct standards, which he felt his very public apology had encompassed.
If they had issues with his behaviour, he believed that they should, as a first step, “walk through my door and tell me that’’ rather than moving directly from publicly criticising him to lodging a formal complaint.
Clark contrasted this to the way he had handled a separate incident, when in December he had issues with Pottinger’s behaviour in a committee meeting. He had emailed Pottinger to arrange a meeting between them.
As well, there had been nothing to stop the complainants calling a councillor-only meeting to raise their issues in collegial fashion, Clark said.
Had they remained dissatisfied, it would then have been appropriate to follow up with a formal complaint.
Clark did not believe mayoral office required him to take part in the investigation, which will be conducted by a Dunedin-based lawyer, and said he would leave it to the full council to make their decision about the final outcome.
He agreed that he was absenting himself from the opportunity to answer any accusations against him
The worst-case scenario was that he would be banned from council meetings for a defined period – “I don’t think they have the numbers around the table for that’’ – or he could be asked to resign, which “doesn’t mean I have to ...”
Media attention for his arts meeting comments, and claims arising from his earlier opposition to the Māori co-governance plans of the Labour Government’s Three Waters proposal, had led to relentless media attention and accusations that he had tried, unsuccessfully, to put to bed.
Stuff had requested a copy of the councillors’ complaint under the Local Government Official Information and Meetings Act, but to date the council has neither released it nor said it will not. It is citing provision under the legislation that allow albeit only where necessary – 20 working days, which would extend it to May 17.
Bond and Pottinger have declined comment while their complaint was still under investigation.
If they had issues with Clark’s behaviour, he believed that they should, as a first step, “walk through my door and tell me that’’ rather than moving directly from publicly criticising him to a formal complaint.