Cr Lee Vandervis: Why I continue to vote. #email

Received.

From: Lee Vandervis
Sent: ‎Monday‎, ‎4‎ ‎May‎ ‎2015 ‎3‎:‎59‎ ‎p.m.
To: Chris Morris, Elizabeth Kerr, Andrew Noone, Andrew Whiley, Chris Staynes, Doug Hall, Hilary Calvert, John Bezett, Jinty MacTavish, Kate Wilson, Lee Vandervis, Mayor Cull, Mike Lord, Neville Peat, Richard Thomson, David Benson-Pope, Aaron Hawkins, Sue Bidrose, Sandy Graham, News [Ch39]
Subject: Why I continue to vote.

Dear Mr Morris,

Mayor Cull’s ambushed change to the Council Code of Conduct resolution item claims that my apology on which my responsibility for being able to vote apparently hangs “is to be judged by the CEO or her delegate.”

Standing Orders J4.2 clearly says that Council may take Code of Conduct action against a member by means of a three-fourths majority of those present, and the action taken was to demand a genuine apology which I have provided.
I can only genuinely apologise as far as the evidence I am allowed to see permits.
Standing Orders does not empower a CEO’s delegate to rule on the appropriateness of my apology which ruling has the effect of denying my responsibility to vote on behalf of the thousands of Dunedin people that voted for me. That is for Councillors to decide and they have not been given that opportunity.
My legal advice is that there is no legal basis for the Code of Conduct censure being delegated to the DCC chief accountant.
Councillors must vote for such a Code of Conduct action and I believe that Mayor Cull knows he does not have the Councillor numbers to vote for such an action.

Consequently I will continue to vote as before, and it is up to staff whether my votes are properly recorded.
All of this is on the back of a constantly corrupted Code of Conduct process where I have not been allowed to see the evidential statements made against me from Councillors or from CEO Bidrose, and have therefore been unable to defend myself against those evidential statements.
I have obtained consistent legal advice from two different sources in addition to ex-lawyer Cr. Calvert’s opinion printed in the ODT, and these sources do not want the DCC to know who they are as they believe that may prejudice their opportunities for other work in Dunedin. I do not intend to sue Mayor Cull or Council at this stage as I am still hopeful of getting the Deloitte’s information that would be pivotal in any Citifleet fraud cases brought.
I am still not permitted to see the Deloitte Citifleet fraud investigation evidence which would allow me to establish whether Police have in fact, recently investigated appropriately or not.
Time will tell who has been misleading who regarding the Citifleet frauds issue of substance.

Regards,
Cr. Vandervis

█ For more, enter the terms *vandervis*, *cull*, *bidrose*, *citifleet* or *deloitte* in the search box at right.

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Posted by Elizabeth Kerr

Cr Vandervis unlikely to quit several missions #coverup #naturaljustice

From ‘City’ colleague with an eye for the law, Wikipedia definition
Fri, 1 May 2015 at 11:00 a.m.

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### ODT Online Fri, 1 May 2015
Apology lacking; voting rights go
By Chris Morris
Dunedin city councillor Lee Vandervis has been stripped of his voting rights after failing to apologise before a 24-hour deadline. […] In a statement last night, council group chief financial officer Grant McKenzie said Cr Vandervis was suspended from all council committees from today until July 1.
Read more

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[Cr Hilary Calvert] questioned the council’s right to delegate to council staff any final judgement on whether Cr Vandervis’ apology was appropriate, arguing that was a call for councillors to make.

“The process was open and fair, and, as far as I’m concerned, completely in accordance with proper meeting procedure. I question the motivation in quibbling about it now.” –Mayor Dave Cull

### ODT Online Fri, 1 May 2015
Mayor dismisses legality questions
By Chris Morris
Mayor Dave Cull has a one-word response to questions about the legality of stripping Cr Lee Vandervis of voting rights: “Whatever.” Mr Cull’s abrupt response came in an email to Cr Hilary Calvert yesterday, as she questioned whether the council had followed proper process when considering its punishment of Cr Vandervis.
Read more

█ For more, enter the terms *vandervis*, *cull*, *bidrose*, *citifleet* or *deloitte* in the search box at right.

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Posted by Elizabeth Kerr

*Image: Cover-up image by whatifdunedin with acknowledgement to Wikipedia

Cr Vandervis offers full (and conditional!) apology

Last updated Wed, 29 Apr 2015 at 7:00 p.m.
Updated post Wed, 29 Apr 2015 at 6:12 p.m.

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Received.

From: Lee Vandervis
Sent: ‎Wednesday‎, ‎29 ‎April‎ ‎2015 ‎4:22‎ ‎p.m.
To: Sue Bidrose, Sandy Graham, Susie Johnstone, Grant McKenzie, Andrew Noone, Andrew Whiley, Chris Staynes, Doug Hall, Hilary Calvert, John Bezett, Jinty MacTavish, Kate Wilson, Lee Vandervis, Mayor Cull, Mike Lord, Neville Peat, Richard Thomson, David Benson-Pope, Aaron Hawkins
Cc: Chris Morris [ODT], Elizabeth Kerr [What if? Dunedin], Ian Telfer [RNZ], News [Dunedin TV, Ch39], Morning Report [RNZ], Murray Kirkness [ODT], Vaughan Elder [ODT], EditorODT [ODT]
Subject: Remorseful apology to CEO Bidrose, Sandy Graham, A&R members, Mayor Cull and Councillors

Dear CEO Bidrose, Ms Graham, Ms Johnstone, Mr McKenzie, and elected representatives,

I unreservedly acknowledge that my loudness behaviour to CEO Bidrose in the Council hallway [3/2/15], and my loudness in the non-public Audit and Risk meeting of [3/12/14] was wrong, unacceptable and in breach of the Code of Conduct. I am genuinely remorseful that I upset people with my loudness and that my initial apology was insufficient. I undertake to do my utmost to ensure that I do not repeat such behaviour.

I am also prepared to unreservedly apologise for misleading the Audit and Risk committee regarding the narrowing of the Citifleet fraud investigations, but can only do this in good faith if any dated hard evidence is available to show that the narrowed investigation revealed six months after the Citifleet manager’s death, was in fact widened, and that active investigators did not continue to misinterpret management instructions.

Recognising that such hard evidence may be difficult to locate within the 24 hours allowed for my apology, I am nevertheless prepared to make such an unreserved apology if I am given the full Citifleet Deloittes investigation report, staff report and Deloittes’ digitised DCC evidential files which until now have been refused me on the grounds of an ongoing Police investigation. Giving me this information on a strictly confidential basis as requested last November would indeed allow me to verify with hard evidence, how much the investigation had been limited, and the extent of any misleading.

I am happy to sign a confidentiality affidavit not to release or use any of the Deloittes’ Citifleet Fraud information until the Police investigation process has been completed. Only then would I consider any ratepayer value in pursuing private prosecutions that might be supported by the Deloittes information.

Yours sincerely,

Cr. Lee Vandervis

[ends]

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From: Hilary Calvert
Sent: Wednesday, 29 April 2015 5:14 p.m.
To: Lee Vandervis
Cc: Sue Bidrose, Sandy Graham, Susie Johnstone, Grant McKenzie, Andrew Noone, Andrew Whiley, Chris Staynes, Doug Hall, Hilary Calvert, John Bezett, Jinty MacTavish, Kate Wilson, Lee Vandervis, Mayor Cull, Mike Lord, Neville Peat, Richard Thomson, David Benson-Pope, Aaron Hawkins, Chris Morris [ODT], Elizabeth Kerr [What if? Dunedin], Ian Telfer [RNZ], News [Dunedin TV, Ch39], Morning Report [RNZ], Murray Kirkness [ODT], Vaughan Elder [ODT], EditorODT [ODT]
Subject: RE: Remorseful apology to CEO Bidrose, Sandy Graham, A&R members, Mayor Cull and Councillors

Considering the assurance given today at Audit and Risk it should be easy to arrange hard copy evidence of the widening as requested. 
Great result all round.

Sent from my iPhone

[ends]

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BUREAUCRACY STRIKES FROM CEO AND GROUP CFO DOWN

From: Grant McKenzie
Sent: ‎Wednesday‎, ‎29‎ ‎April‎ ‎2015 ‎6‎:‎10‎ ‎p.m.
To: Lee Vandervis, Sue Bidrose, Sandy Graham, Susie Johnstone, Andrew Noone, Andrew Whiley, Chris Staynes, Doug Hall, Hilary Calvert, John Bezett, Jinty MacTavish, Kate Wilson, Mayor Cull, Mike Lord, Neville Peat, Richard Thomson, David Benson-Pope, Aaron Hawkins
Cc: Chris Morris, Elizabeth Kerr, Ian Telfer, News, Morning Report, Murray Kirkness, Vaughan Elder, EditorODT

Dear Councillor Vandervis

I am in receipt of your email entitled ”remorseful apology to CEO Bidrose, Sandy Graham, A&R members, Mayor Cull and Councillors” and provide the following response as the officer delegated by the Chief Executive:

For the breaches relating to the “loudness behaviour” relating to Dr Bidrose and the Audit and Risk Committee, it is my assessment paragraph 1 of your apology meets the requirements of the Council resolution.

In relation to “misleading the Audit and Risk Committee” I assess that the apology in paragraph 2 and following do not meet the requirements of the Council resolution because:

a) there are 2 apologies, that are both contingent on being provided with further evidence.
b) there is no acknowledgement that the behaviour was wrong, unacceptable and in breach of the code of conduct.
c) there is no commitment not to repeat such behaviour.

The Council resolution requires that an “appropriate apology for all breaches” is required. While your email goes someway to meeting the requirements of the resolution, it does not adequately cover the Audit and Risk Subcommittee matter. The resolution provided a twenty four hour window for any apology for all breaches. If you wish to resubmit your email in light of my comments above, then I will reconsider your response.

I note that you have once again requested full copies of the Deloitte Report and associated documents. This request was previously considered under the provisions of LGOIMA and the withholding grounds that were applied at that time remain. Your rights to have this decision reviewed by the Office of the Ombudsman is still available.

Regards

Grant

Grant McKenzie
Group Chief Financial Officer, Financial Services
Dunedin City Council

[ends]

█ For more, enter the terms *vandervis*, *cull*, *bidrose*, *citifleet* or *deloitte* in the search box at right.

Big Game hunting season opens at #DUD

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Posted by Elizabeth Kerr

*Images: acting-man.com – Approach (tweaked by whatifdunedin); galleryhip.com – Kangaroo Jumping

Today at DCC in pictures

Updated post Wed, 29 Apr 2015 at 12:07 p.m.

Meeting of the Dunedin City Council on Tuesday, 28 April 2015 at 1:00 PM, Council Chamber, Municipal Chambers

█ Agenda – Council – 28/04/2015 (PDF, 96.6 KB)

█ Report – Council – 28/04/2015 (PDF, 172.7 KB)
Conduct Committee Report to Council

█ Download: Conduct Committee Resolution 28 April 2015

AFTER ALLOWING COUNCIL TO SPEND ONE AND A HALF HOURS DEBATING TWO ROCKS AT WARRINGTON THAT MUST BE REMOVED – OTHERWISE THE COUNCIL WILL BE ACTING UNLAWFULLY….

WHEN IT CAME TO CR VANDERVIS’ CONDUCT AND COUNCIL SANCTIONS, WELL….

DAAAVE PROMPTLY FORGOT DUE PROCESS AND LOST IT FOR DEMOCRACY IN A VERY OBVIOUS MANNER THEN WAS SEEN TO LOOK LIKE A STUNNED MULLET, SUDDENLY

[SHOW TRIAL] HOWEVER, DAAAVE DID MANAGE A RESOLUTION (AMBUSH DOCUMENT) TO SANCTION CR VANDERVIS, HE PUT IT TO THE VOTE WITH ONLY CRS CALVERT, HALL AND LORD AGAINST.

IN SUMMARY, CR VANDERVIS WAS SANCTIONED IN HIS ABSENCE AND WE WOULD SAY DAAAVE’S FUTURE AS MAYOR OF DUNEDIN IS DISSOLVED OR WAS IT CRASHED
UNLESS DEAR OLD ODT CAN FIGURE SOME NEWS STORY TO SAVE HIM.

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Received from Lee Vandervis
Tue, 28 Apr 2015 at 8:06 p.m.

█ Message: Below is the statement I gave to [Chris] Morris as I left the meeting today. Be interesting to see what he does to it. —I also gave him a copy of my initial apology.

I completely reject the claim that I misled the Audit and Risk committee, and that I was not open and honest.

– What I did do was voice my concern that the investigation into DCC Citifleet fraud was narrowed down to a single category of fraud, and that the blame has been narrowed to a single deceased individual.

– Since then I have seen no hard evidence of the DCC fraud investigation being widened.

– Accusers should have had hard evidence of a widened investigation as was continually promised but not delivered, before even considered accusing me of acting in bad faith – never mind now considering sanctions against me.

– I am still hopeful that the DCC Citifleet fraud investigation that I began in 2011 will be actually widened, seek my offered evidence, and fully investigate the whole range of fraud, including Citifleet.

Regarding complaints of loudness, due process has not been followed to allow me to defend anonymous claims that go beyond loudness, so I’m not in a position to recognise them.

Cr. Lee Vandervis

From: Lee Vandervis
Date: Wed, 04 Feb 2015 21:22:32 +1300
To: Sue Bidrose, Sandy Graham, Andrew Noone, Andrew Whiley, Chris Staynes, Doug Hall, Hilary Calvert, John Bezett, Jinty MacTavish, Kate Wilson, Lee Vandervis, Mayor Cull, Mike Lord, Neville Peat, Richard Thomson, David Benson-Pope, Aaron Hawkins
Cc: Chris Morris [ODT], Debbie Porteous [ODT]
Conversation: Apology for hallway loudness
Subject: Apology for hallway loudness

Dear Sue, Sandy and Councillors.

If it was thought that my Council hallway questioning of CEO Bidrose yesterday was considered to be too loud or inappropriate, I unreservedly apologize to those who thought so, especially if that included Dr. Bidrose.

I recognise today that I had become increasingly frustrated with the lack of CEO response to my earlier emailed governance complaints, and that an unacceptable Council agenda item was imminent as a result.

Happily some time was subsequently allowed for possible resolution of the Governance issues I complained of.

To prevent a recurrence of overheard unpleasantness, I undertake to make any future complaints of staff or elected representatives in a recorded medium.

Kind regards,
Cr. Lee Vandervis

For more, enter the terms *vandervis*, *cull*, *bidrose*, *citifleet* or *deloitte* in the search box at right.

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Posted by Elizabeth Kerr

*Images (tweaked by whatifdunedin): (from top) ytimg.com – Ultra vires [maxresdefault]; tumbler.com – Justice, I can’t breathe [tumblr_ng1j9u4squ1qgiurvo1_1280]; acting-man.com – Approach

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.

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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”.

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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.

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

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

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Posted by Elizabeth Kerr

Christchurch City Council live streams meetings

Christchurch City Council – Media Release
Council meetings now online

Wednesday, 6 November 2013

The Christchurch City Council’s first full meeting on Thursday will be streamed live over the internet and be available to watch at anytime through the Council website.

The Council’s twice monthly meetings have always been open to the public but in a new spirit of openness and transparency, anyone can now watch Christchurch’s local government in action online when and where they want.

Chair of the Council’s Community Committee, Councillor Yani Johanson says: “The public now has the chance to the watch the issues debated by the Council, and get a better understanding of the reasons behind the Council’s decisions. This Council wants to make it possible for more residents to see their Council at work, and make it easier for people to get information on Council matters that affect them and their communities. The need for this was reinforced by the Communications Audit Review and it is great to see that it happened.”

Residents will be able to view any full Council meetings both live and on-demand the day after each meeting on their internet enabled computers, tablets or smart phones. They can also search for specific agenda subjects that they are interested in, replay the debates and see how Councillors voted.

Christchurch based Tandem Studios has been selected as a provider for the live streaming and storage of all Council meetings archived in the future.

The Christchurch City Council is among the first councils in New Zealand to offer this service, along with Taupo and New Plymouth District Councils, and Hamilton City Council.

See http://councillive.ccc.govt.nz/ for further information.

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Related Posts and Comments:
29.10.13 DCC: First meeting, tidy or not
21.3.13 Public service causing “paralysis of democracy” with OIA requests

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Posted by Elizabeth Kerr

*Image: vecto.rs – Cartoon man using video by Ron Leishman
Filming with Charles…

UNACCEPTABLE change of DCC meeting location

The elected representatives of the Dunedin City Council now think it is right to favour one important ethnic group over others. ALL meetings of the Council and its standing committees should be held in the Municipal Chambers of the Dunedin City Council, except in circumstances where rooms are not available within the Chambers or the Dunedin Town Hall complex due to building redevelopment work – in which case another central city venue should be substituted. This latest deviation from democracy is as insane as it is obscene.

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### ODT Online Sat, 6 Aug 2011
DCC heads to marae
The Dunedin City Council will hold Monday’s full council meeting at the Otakou marae, and a meeting on Wednesday in the city. Under the Local Government Act 2002, the council must provide opportunities for Maori to participate in local government.
Read more

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Posted by Elizabeth Kerr