DCC: Chairman denies true and correct Council record

This post, by clear and unequivocal video reference, captures the undemocratic conduct of Council; and the consequent failure of Council to honour and uphold the true and correct minute record of business proceedings.

Dunedin City Council – Council Meeting – December 15 2014
Published on Dec 21, 2014

Minutes, agendas and reports related to this meeting can be found at http://goo.gl/3bDMak

██ See video segment 16:40 to 19:10

Note Mayor Dave Cull’s chairmanship of the Council meeting 15 December 2014 in regards to (Item 4.) Confirmation of Minutes for (4a) the ordinary Council meeting of 3 November 2014.

Cr Lee Vandervis rightly claims that the minutes for confirmation are not a correct record of the meeting on 3 November, given reference to a remark* wrongfully attributed to him by the Mayor; and which remark is claimed to have caused the Mayor’s ejection of Cr Vandervis from that meeting.

*[allegedly, about the intentions of Council and staff and the objectives of the cycling strategy]

Cr Vandervis states he did not make that remark. He says the minutes are false and the video of the meeting verifies this.

Mayor Cull replies “the minutes are not [false]” and tells Cr Vandervis: “OK you can vote against it” [confirmation of the minutes].

With that, the Council vote is taken. It should be strongly noted that all Councillors with the exception of Cr Vandervis voted to confirm the minutes with no amendment.

Cr Vandervis abstained from voting “on the basis the mayor asked me to withdraw a remark that I did not make”.

Dunedin City Council – Council Meeting – November 3 2014
Published on Nov 9, 2014

Minutes, agendas and reports related to this meeting can be found at http://goo.gl/aJnL3J

██ See video segment 41:00 – 50:26
Cr Vandervis enters discussion on (Item 20.) State Highway 1 Cycleway Working Party at 43:00; and following is his ejection by Mayor Cull.

Unconfirmed Minutes – Council – 15/12/2014 (PDF, 422.6 KB)

DCC Unconfirmed Minutes - Council - 15.12.14 ordinary meeting Item 4 [excerpt]

Minutes – Council – 03/11/2014 (PDF, 153.4 KB)

DCC Minutes - Council - 3.11.14 Item 20 [excerpt] 1

Posted by Elizabeth Kerr

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25 Comments

Filed under Business, Cycle network, DCC, Democracy, Media, Name, New Zealand, People, Politics, Project management, Urban design

25 responses to “DCC: Chairman denies true and correct Council record

  1. Calvin Oaten

    Dave Cull gets away with manipulative chairing because he can. It would not be possible if the elected council was alert to the rules and the matters under discussion. Cr Vandervis’ expulsion was a classic case of obsequious councillors not being in support of the debate. A simple point of order from any one of them could have stalled that action and the chair would have had to defend and justify his wish. But it did not happen. Indeed it has never happened. One can only presume that all the councillors are in tune with Cull against Vandervis.
    Hence Cull is emboldened so I guess we can look forward to his twisting and distorting of facts in order to have his way. Sooner or later it will be his undoing, but not before the council find some backbone, and start doing their duty.
    Cull extends the same methods to any conflicting citizen, witness his flagrant distortion of the truth in his reply to Jeff Dickie. That was a pure fabrication of what transpired and he should be censured for it. But he won’t. Councillors won’t even read it let alone consider the corruptness of it.
    It seems that this city is destined to have a succession of inept Mayors and the city is paying the price big time.

  2. Elizabeth

    Calvin, I note at least two city councillors have some form of legal training and work experience. Both have failed to pull up the mayor for undemocratic and plainly wrongful chairing of at least two recent public meetings of the full council.

  3. Anonymous

    It is not sufficient to simply turn up to a Council Meeting and expect to nod through the formalities. It’s a legal requirement that every Councillor be on top of the paperwork, which has to be properly prepared by the Chief Executive assisted by the Governance Officers.

  4. Elizabeth

    Anonymous, you are correct. The chief executive is ultimately responsible for the documentation put before mayor and councillors in regards to agendas, minutes and reports.

    The fact that the above mentioned minute items do not reflect what happened at the 3 Nov 2014 meeting is an indictment.

    It may be that ratepayers attending council meetings will need to get obstreperous.

  5. Russell Garbutt

    The most important relationship between the governance part and the management part of any Council or Board is that between the Chair and the CEO. The Chair must rely on the secretarial services of the staff, but in the case where there is clear video (and audio) record of what actually happened at a legally convened meeting, then for any change from actuality to occur then there would have to be some accord or tacit agreement that the change was recorded in the minutes. So what must have happened in this case is for Cull and Sue Bidrose to have agreed on the wording of the minutes.

    If that wording is substantively at odds to what actually occurred then there is a major issue which, in my view, would be subject to legal action under the Local Government Act. The published minutes of any Council meeting must accurately reflect the proceedings of the meeting in ALL respects and if it can be shown that the minutes were changed to record something that didn’t occur then it is not sufficient to allow someone to simply vote against the agreement that the minutes reflected reality.

    The problem remains that if the majority of the Council accept the recorded minutes as accurate then they are flying in the face of the video recording of the actual meeting. So, do all of the Council see the Emperor as fully clothed, or do they accept the view of the factual recording? My betting is that they will be foolish. What a surprise that will be.

  6. Elizabeth

    Given it’s the holiday season, I note the (unexpected) high views received yesterday and today on this matter, here and at the related post. I’m inclined to say ‘great holiday reading’ or that Dunedinites won’t stop worrying this bone.

    Not to mention while getting R&R today, a Monday…. you checked out 88 other posts from midnight to now.

  7. Alex Brown

    It’s not the holidays, it’s the trend. Today on radio there was programme about the growth of social media and blog sites where increasing numbers of people are turning to get the real news that allows them to form their own view.

    There is a growing mistrust of the main stream media, many of whom are programmed to fall into line and always give the last word of a story to those in power who exploit their privilege by dishing up more sugar coated crap without challenge or analysis of what they actually said. Remember it was only a few weeks ago that the PR industry were labelled as high paid liars and we all know they are rife within local bodies and Councils.

    Thanks for showing us what lies beneath DCC’s sugar coated crap, what Councillor Vandervis is up against and what a pathetic bunch of wimps he has to work with.

    • Yes Sireee Bob

      Councillor Vandervis looks awesome. Wish we could vote for him up in Auckland, where we are experiencing very similar issues.

      • Murray

        Old boys network Bob.

        Ross Clow, Auckland City Councillor, President of the Portage Licensing Trust (liquor) and Chairman of The Trust’s Community Foundation Ltd (gambling) and it’s the corrupt pokie trust that gave millions to ORFU and southern racing as well as furthering his political career.

        That’s a lot of conflicts and a lot of fees wouldn’t you say Bob!!!

        • Elizabeth

          Well Murray, a significant problem arose when Cull refused to challenge at Court those two wonders Mains and Graham of Otago Rugby when they claimed he defamed them. Cull not defending himself or the Dunedin ratepayers (given ORFU’s financial records could’ve been demanded at Court) showed how much rugby is liked and feared. Anything to keep ORFU and Highlanders at Stadium, as the tenants WE PAY TO PLAY.

          ****

          I wonder if Terry at DVML managed to sign off two rugby contracts before Christmas like he said he would. Because if so, expect some HOT AIR via DVML when the troops get back from holiday. How big was the cheque DCC wrote – via DCHL and DVML – to Otago Rugby and NZRU. HOW BIG. For the next how many years ???

  8. Tom

    It would appear that Hitler and his cronies didn’t die in the bunker, but escaped to the South Pacific, where their grandchildren have carried on his legacy.

  9. Calvin Oaten

    Anon, legal requirement? Our legal system is a mouth full of gums. It only puts in its dentures to go to church, receive honours bestowed by the fawning authorities and of course to deal to the unwashed. It is sound asleep in all things local goverrn!sent may or may not do. You only have to think of the Auditor and land deals. The court and the Stop the Stadium and that ‘boondogle’ to get the message. So, from all this why would our council and its demogogic chair bother about due process ?

  10. Whippet

    Shonky Landlords put on notice (ODT 7.2.15)
    Cr Mike Lord said he was a landlord and a licensing scheme was impractical
    Another councillor, part of the Cull mob breaking the rules.
    The good Lord like his leader considers himself above the rules, by not declaring an interest and withdrawing from the debate. Next thing he will be walking on water.
    The new motto for the Cull mob. Do as I say, not as I do.

    {Link added. -Eds}

  11. Elizabeth

    Search engine term used at What if? lately, on more than one occasion.

    *dunedin desperate property developers*

  12. Elizabeth

    The below ODT item, further to the main content of this thread (see post), whereby Mayor Cull and dissembling Councillors voted, with startling effect, to obdurately deny the facts of the Ch39 video record of a full Council meeting in regards to what Cr Vandervis voiced calmly and with good manners about the SH1 cycleway project – insomuch as Mayor and Councillors voted to deliberately misrepresent Cr Vandervis at the same time avoiding a true and correct City Council minute record; aided and abetted by very senior council staff —and, further to comments at another thread, on a Cull Vandervis code of conduct complaint (Link) after which a flimsy apology from Cull was received, not without re-visitation needed to extract same.

    ### ODT Online Wed, 4 Feb 2015
    Formal complaint to be laid against Vandervis
    By Chris Morris
    A Dunedin city councillor will face a formal complaint after allegedly becoming embroiled in an angry, expletive-laden exchange with senior council staff in a hallway of the Municipal Chambers. The incident occurred on Monday as Cr Lee Vandervis confronted staff, including council chief executive Dr Sue Bidrose, about an earlier code of conduct complaint against him, the Otago Daily Times understands.
    Read more

  13. Peter

    While it is always best not to lose your rag in public, the reality is that politics breeds tensions and sometimes this boils over. That’s life. It is a bit rich for some of those councillors, particularly Dave Cull, to take a moralistic position re the expression of anger and bullying. He expresses anger openly and frequently enough, himself. (Sometimes it may be justified anger, other times not.)
    We have seen it all before under the Chin Council where councillors and council staff were bullied – in turn by by councillors – and it continues under the Cull Council. We have also witnessed over the years bullying by councillors of citizens, who don’t go along with the council’s position on issues and speak up against the council. This has been aided by the ODT with the help of council employees/councillors.
    All this doesn’t really surprise me as this happens when you have people, who may not have started out as dysfunctional people on council but who, over time, become increasingly paranoid about others’ motives/agendas and start feeling ‘unsafe’. (There is a lot to be said for a maximum term on council.)
    Rumours start…sometimes true…other times to create mischief. I heard one today concerning the ODT’s agenda for the next local body election concerning the Office of Mayor. It may be true. It may not. Given their past political interference…think Stadium Editorial Support Policy…. it doesn’t surprise me. We are not the only place in the world where the media don’t just report the news, but willingly create it.
    Did we really need to read about this negative report by Chris Morris today? I think not. I am not interested in reading about bitchy stuff like this concerning code of conduct complaints thrown about the place. It brings those who file them into disrepute. Grow up.

    • Hype O'Thermia

      “We have also witnessed over the years bullying by councillors of citizens, who don’t go along with the council’s position on issues and speak up against the council.” And who can forget Jim Harland, CEO, coming over all vapourish and quivering (“Quick, Ada, the smelling salts for Master Jimbo!”) when a

      [built like a brick dunny ex-freezing worker missing 1-1/2 fingers and reeking of alcohol / gang chick with an expression that could split knotty logs / battle-scarred skinhead with K.I.L.L. on his knuckles / community-minded middle aged woman]

      [produced a hunting knife / threw at him like a dart a hypodermic syringe containing what looked like blood / leaned across the desk and lifted him by his throat / used her hand to bang the desk emphasising a point she was trying to get across]
      …resulting in the introduction of Howard Hughes-style security to protect him from the horror of encounters with common people.

      Ah, the good old days. How we laughed!

  14. Hype O'Thermia

    They’re not going to forgive him for failing to prevent them looking like 57 varieties of oxygen thieves.
    There is within oddity online comments a persistent theme of appreciation for his (though staunchly resisted) efforts to avoid waste, fads and stupidity. I can imagine this being like wearing Jockeys made from pink batts to Daaave, who appears to be forever itching for excuses to punish Lee for being so blatantly unlike himself – and getting praised for it, the naysaying cycle lane skeptical bounder!

  15. Elizabeth

    Cr Wilson pursues code of conduct complaint against Cr Vandervis.

    http://www.odt.co.nz/news/dunedin/332234/vandervis-offers-apology-wilson-unmoved

    • Hype O'Thermia

      ”I couldn’t give a tinker’s cuss what Kate Wilson does, quite frankly. I gave up talking to Kate Wilson quite a long time ago – I’m only going to live probably another 20 or 30 years, if you know what I mean.”

      At about his age I had come to the same conclusion. In one’s life some people are human spam. Years ago one might be interested in the phenomenon of their consistent tiresomeness, infuriated by their daftness or motivated to point out to them where they were in error, but then the novelty wears off: the time has come for a no-nonsense filtering system.

  16. Hype O'Thermia

    Some people speak loudly and clearly without shouting. In the music hall days, pre-microphone, it was vital that performers’ voices reach the very end of the theatre or there would be a riot. I saw a report a day or 2 ago that large numbers of teachers suffered from voice/throat problems, probably a result of not having been taught during their training how to project their voice without straining or shouting. There was an old-timer headmaster that my mother used to have phone calls with in connection with a committee, and she used to hold the receiver almost a hand’s breadth away from her ear. All those years of making himself heard over large rooms full of kids without shouting, this was his natural voice.
    Lee opens his mouth properly when he speaks instead of mumbling behind barely moving lips. Being audible in the next room is not proof of shouting, it depends on the walls which may have been built to block the classic NZ lazy-mouth mumble.

  17. Elizabeth

    It was/is quite a lovely quotable quote.

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