Tag Archives: Standing orders

Member of the public lays Code of Conduct complaint against Mayor Cull

Received.
Fri, 18 Dec 2015 at 11:41 p.m.

From: Chris Staynes
Date: 18 December 2015 at 8:23:07 PM NZDT
To: Diane Yeldon
Cc: Sandy Graham, Sue Bidrose, Lee Vandervis
Subject: Code of conduct.

Dear Ms Yeldon,
I refer to your email to me on 17 December 2015 making a Code of Conduct complaint about Mayor Cull. I provide the following response.

The Code requires that any alleged breach involving the Mayor is reported to me in the first instance. In receiving the complaint as Deputy Mayor I then have to be satisfied that there are “reasonable grounds for believing that a provision of the Code has been breached”.

I have reviewed the Code and Standing Orders and have concluded that there are not reasonable grounds for thinking a provision has been breached and as such I will not be progressing the matter. I now outline my reasons for reaching this conclusion.

The Code of Conduct (section J2.2) requires that the Mayor is responsible for ensuring the orderly conduct of business as determined in standing orders. There is also a requirement that the community have their concerns listened to and deliberated on in accordance with the requirements of the Act (section J 3.3). Therefore, the principles of the code of conduct may apply to the conduct of speakers at a public forum.

Standing Orders (section F7) provides that the Chairperson has the discretion to decline to hear speakers at the Public Forum where the number of speakers exceeds the time allocation for the Public Forum.

On Friday afternoon, Ms Jordan was advised by the Mayor that given the size of the Council agenda to be considered at the meeting, the public forum was fully subscribed. He instructed that no further speakers were to be taken. At the time of that advice, you had not indicated you wished to speak.

You advised an interest in speaking by email on Sunday, 13 December 2016. You were telephoned and advised on Monday morning that the public forum was fully subscribed. You withdrew your request to speak at the public forum during this conversation. You subsequently arrived at the public forum requesting to speak. There was no additional speaking time for the public forum period (as all speakers had used their maximum time) and at the meeting the Mayor declined your request to speak.

It is not a breach of standing orders to decline the opportunity for a speaker to speak at a Public Forum, even though the request was made within time and standing orders provides for the opportunity to extend the Public Forum (section F2). It is not mandatory for the Chairperson to have a resolution of the meeting to extend public forum as the discretion sits with the Chairperson before the meeting commences to accept or decline speakers. As regards the prioritisation of public forum speakers for those talking to agenda items, the priority of speaking is set at the time the public forum content is confirmed.

For the reasons above, I have concluded that there has been no breach of the Council’s standing orders and that therefore no breach of the code of conduct has occurred in this case.

Agenda papers are available on the Council website on the Wednesday evening prior to the Council meeting (in this case on 9 December 2015) and I would encourage you to give earlier notice of your wish to speak to ensure that you do have an opportunity to speak to agenda items at future meetings.

I have copied the original recipients of your email in my response to you.

Regards,

Chris Staynes.

Sent from my iPad Pro

———————————————

Dear Ms Yeldon,
This email is to confirm that I have received your Code of Conduct complaint and I am considering the matters raised, once I have completed this I will get back in touch with you.

Regards,

Chris Staynes.

Sent from my iPad Pro

———————————————

On 17/12/2015, at 6:30 AM, Diane Yeldon wrote:

Dear Cr Staynes, I wish to make a Code of Conduct complaint against Mayor Cull. At the last full meeting of the council (14th December, 2015), I had given notice to Pam Jordan (Governance) that I wished to speak at Public Forum. When she told me that the meeting was heavily booked I said I would withdraw because my topic (support for alternative transport modes) was not time dependent. Then at 9.00 am I attended the continuation of the adjourned previous council meeting and saw the agenda for the meeting of the 14th. It is a matter of record that I made an official information request about the Procurement Policy which was being developed by the Risk and Audit Subcommittee with virtually all meetings and all meeting content in non-public. Grace Ockwell responded by telling me that the proposed policy would be public when it went to a council meeting. So the morning of 14th Dec was my first chance to see this proposed policy (although I could have seen it a few days earlier when the agenda became public if I had known to look but Grace never told me WHICH meeting it would be going to).

So [I] asked Pam Jordan if I could speak at Public Forum to that agenda item because it was the only chance I could possibly get. What I wanted to ask the council was for the policy to be open to public submissions because the whole process had been totally non-transparent. There had been considerable public comment on Mr Epere with his criminal background getting a council contract after asking at a public forum (surely not in the first place an appropriate use of a council public forum to ask for personal advantage!). There had also been considerable public interest in the [Citifleet] fraud with the main question being, “Where is the independent oversight of in-house council activities to prevent fraud?”

There had been further public interest in the issue of the contracted out mudtank cleaning with the public revelation that the contracted service had no sucker truck in Dunedin so clearly could not have been doing the work all the time. Then there was further public comment from an arborist who [publicly] said that the tree felling at Logan Park cost the Council far too much. Then a local painter, Dean Kelly, publicly said he was unfairly deprived of council contracts because they always went to the ‘big guys’.

This last comment raises the issue of whether the council should prefer local contractors over outsider to the city to stimulate the local economy and, further break up contracts into smaller chunks so that smaller local businesses can get a look in (when times are hard, the odd council job may stop them from going under). Further to this, there was the Public Forum submission of Ms Annaliese de Groote who asked that the DCC have a policy of giving work opportunities to people with disabilities.

All of the above matters are in the public interest and warrant discussion by the community they affect.

Standing Orders require councillors to value participation and engagement in council matters from members of the public. Standing Orders also provide for setting aside 60 minutes of a council meeting for public forum speakers. If the 60 minutes is used up, then Standing Orders allow the meeting chair to put it to the meeting that public forum be extended. I was the only further speaker at that meeting (14th Dec). Mayor Cull knew I wanted to speak to the agenda item (17) of the Proposed Procurement Policy. He also knew it was the only possible opportunity I or any member of the public would be able to comment on it because it was not going to be open for public submissions and was going to be decided at that very meeting.

Other Public Forum speakers who were not speaking to an agenda item preceded me. I am sure if the question of whether public forum might be extended (only by five minutes) to allow me to speak to an agenda item had been put to the meeting that the meeting would have agreed.

So the conclusion I come to is that Mayor Cull does not value input and engagement from members of the public. He does not do what he can to promote it. And so by his actions towards me at the last council meeting he has not upheld the Council’s Code of Conduct.

I have read the procedure for Code of Conduct complaints in the Appendix to the Dunedin City Council’s Standing Orders and I await your further instructions on carrying out this process.

Sincerely
Diane Yeldon

Dunedin City Council – Standing Orders (PDF, 856 KB)
28 Oct 2015: The Standing Orders set out rules for the conduct meetings of the Dunedin City Council and includes the Code of Conduct for Elected Members, as adopted at the inaugural Council meeting Oct 2010.

Committee Structures and Delegations Manual (PDF, 557 KB)
21 Apr 2015: This document details the constitution of the Council, Committees and Subcommittees, and the delegations to the Chief Executive.

Tabled at the full Council meeting on Monday 14 December:
Report – Council – 14/12/2015 (PDF, 143.8 KB)
Procurement Policy (Proposed), December 2015

Posted by Elizabeth Kerr

21 Comments

Filed under Business, DCC, Democracy, Dunedin, Economics, Name, Ombudsman, People, Politics

DCC Citifleet: Police finishing final report

DCC logo (fraud) 2

### ODT Online Wed, 16 Sep 2015
Final Citifleet fraud report not finished
By Chris Morris
Dunedin police are still working to finalise a report into the $1.5 million Citifleet fraud, despite announcing in June no charges would be laid, it has been confirmed. The development came as it was confirmed an earlier police report into the Dunedin City Council’s long-running fraud was released to media despite internal concerns from senior police it was out of date, emails showed.
Read more

● The Department of Internal Affairs was keeping a close eye on the Dunedin City Council’s handling of the Citifleet fraud investigation, documents show. (ODT)

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

Posted by Elizabeth Kerr

5 Comments

Filed under Business, Citifleet, DCC, Democracy, DIA, Economics, Media, Name, New Zealand, OAG, Ombudsman, People, Police, Politics, Project management, Property, SFO, Site, What stadium

DCC Citifleet: Council steered off SFO investigation

Link received.
Mon, 7 Sep 2015 at 9:47 p.m.

█ Message: Spot the difference – a Maori group gets the SFO while Dunedin Ratepayers get a lowly detective.

### NZ Herald Online 3:59 PM Monday Sep 7, 2015
Tertiary funding probe: SFO called in as centre agrees to pay back $7.5 million
By Steve Deane
A senior manager is dead and a Serious Fraud Office investigation has been launched following a probe into an agricultural college that uncovered millions of dollars of unjustified taxpayer funding.
The results of a Tertiary Education Commission (TEC) investigation into funding irregularities at Taratahi Agricultural Training Centre were released this afternoon following investigations by the Herald.
Taratahi’s former chief executive, Dr Donovan Wearing, died suddenly in January – three months after the TEC confirmed it was undertaking a ‘targeted review’ of the organisation.
The Herald has been told Dr Wearing addressed staff at the sprawling campus just outside Masterton about the investigation on January 21. The 52-year-old father of six was later found in a critical condition in a shed on campus grounds. He was taken to Wellington Hospital where he died at 10.30pm.
Dr Wearing’s death has been referred to the coroner.
Read more

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

Posted by Elizabeth Kerr

9 Comments

Filed under Business, Citifleet, DCC, Democracy, Economics, Events, Media, Name, New Zealand, OAG, Ombudsman, People, Police, Politics, Property, SFO, Site, What stadium

DCC AMAZE —oh, more fraud

DCC logo (fraud) 2

DCC CULTURE OF ENTITLEMENT
‘Enormously disappointing’ —And Enormously Expected.
‘ONE MAN’ did it. An outright fairytale.
DOLLY didn’t, either. More to come !!

### ODT Online Mon, 10 Aug 2015
Further cases of fraud at council
By Chris Morris
The Dunedin City Council says the discovery of five more examples of fraud and theft inside the organisation is “enormously” disappointing. […] Details of the smaller incidents emerged last week, in response to Otago Daily Times questions, a year after the discovery of the Citifleet fraud.
Read more

█ ODT blocks public comments to this item.

ODT 10.8.15 [Source: DCC]

ODT 10.8.15 Further cases of fraud at council p1[screenshot]

Related Posts and Comments:
7.8.15 MOU DCC and TCFT New Aquatic Facility #MosgielPool
4.8.15 Hundreds of DCC Staff receive fraud detection/prevention training
28.7.15 DCC tender fraud includes Citifleet —not for discussion
23.7.15 Publicise: laudafinem.com
207.15 Noble property subdivision —DELTA #LGOIMA
13.7.15 Jeff Dickie: Edinburgh tough, Dunedin (DUD)
4.7.15 DCC Citifleet, [a] Deloitte report leaked
25.6.15 DCC Citifleet COVERUP #screwy
17.6.15 Citifleet: ‘Checkpoint’ interviews Dave Cull
4.5.15 Cr Lee Vandervis: Why I continue to vote. #email
1.5.15 Cr Vandervis unlikely to quit several missions #coverup #naturaljustice
24.3.15 Noble property subdivision —DELTA
23.3.15 Noble property subdivision: “Denials suggest that we have not learned.”
17.3.15 DCC —Delta, Jacks Point Luggate II….
3.1.15 DCC: Street talk NEVER HAPPENED
28.4.15 Today at DCC in pictures
24.4.15 DCC re Dr Bidrose’s time as most senior Citifleet Manager
23.4.15 DCC severely FAILS councillor #naturaljustice #contempt
18.3.15 Lee Vandervis releases emails #Citifleet investigation
13.3.15 Cr Vandervis: LGOIMA request – Citifleet … Deloitte Report
24.12.14 Dunedin: Watching the detectives
1.12.14 Stadium Review: LGOIMA request and 2009 Town Hall speeches
18.12.14 DCC: Deloitte report released on Citifleet
21.11.14 Stadium Review: Mayor Cull exposed
19.11.14 Forsyth Barr Stadium Review
1.9.14 DCC Fraud: Further official information in reply to Cr Vandervis
30.8.14 DCC Fraud: Cr Vandervis … urgent need for facts and record to be public
27.8.14 DCC whitewash on serious fraud, steals democracy from citizens
22.8.14 DCC: Deloitte report referred to the police #Citifleet
3.7.14 Stuff: Alleged vehicle fraud at DCC
1.7.14 DCC: Far-reaching fraud investigation Citifleet
28.5.14 DCC: Audit and risk subcommittee
20.3.14 Delta: Report from Office of the Auditor-General
19.3.14 ORFU: Black-tie dinner, theft or fraud?
26.2.14 DCC: New audit and risk subcommittee a little too late !!
14.2.14 DCC: Broadband AND bicycles #fraudband speed
1.12.13 Secret Commissions Act aka ‘Backhanders Law’

█ For more, enter the terms *deloitte*, *citifleet*, *fraud*, *conduct*, *vandervis*, *delta*, *orfu* in the search box at right.

Posted by Elizabeth Kerr

17 Comments

Filed under Business, Carisbrook, Citifleet, Construction, CST, Cycle network, DCC, DCHL, DCTL, Delta, Democracy, DVL, DVML, Economics, Enterprise Dunedin, LGNZ, Media, Name, New Zealand, NZRU, NZTA, OAG, OCA, Ombudsman, ORFU, People, Police, Politics, Pools, Project management, Property, SFO, Site, Sport, Stadiums, Town planning, Transportation, Urban design

Code of Conduct show trial

Updated post
Fri, 27 Nov 2015 at 11:17 p.m.

Recently, Daaave Cull – he who cannot keep a true and proper Council minute record (as the Ch39 videos demonstrate) – ran an evil-illegal ultra vires punitive Code of Conduct campaign against Cr Lee Vandervis.

code of conduct cartoon (30-6-15)Mad Hatter 30.6.15 [click to enlarge]

Douglas Field Republished Aug 17, 2016
Mad Hatter’s ‘Show Trial’ of Lee Vandervis revised 10 7 15

Posted by Elizabeth Kerr

4 Comments

Filed under Business, Citifleet, DCC, Democracy, Design, Economics, Events, Name, New Zealand, OAG, People, Pics, Police, Politics, Project management, Property, SFO

ODT weekend mix —Lee Vandervis

Updated post Mon, 1 Jun 2015 at 1:37 p.m.

This weekend’s newspaper magazine has THAT face plastered over page one. The accompanying feature article (pages 6-8) is now available online.

Lee Vandervis knows that people either love him or loathe him and he doesn’t care. Kim Dungey finds out what drives Dunedin’s most controversial city councillor. Otago Daily Times

Lee Vandervis ODT 30.5.15 Mix p1 bw800

After five years in London working as an acoustic engineer and building mixing consoles for the likes of Stevie Wonder and Pink Floyd, he returned to Dunedin in 1981 and set up his own sound and lighting business.

Pink Floyd Published on Jun 25, 2014
Pink Floyd – Money (Official Music Video)
The official promo video for ‘Money’ by Pink Floyd, taken from the album ‘The Dark Side Of The Moon’.
Originally released in 1973, ‘The Dark Side of The Moon’ became Pink Floyd’s first number 1 album in the US, remaining on the chart for 741 weeks between 1973 and 1988. One of the best-selling and most critically acclaimed albums of all time, The Dark Side of The Moon also introduced the iconic album cover artwork by Hipgnosis, after a request for a ‘simple and bold’ design.
Music: “Money (2011 Remastered Version)” by Pink Floyd (Google Play • iTunes)

“I’ve had a ring from the chemist. He says you’ve bought these chemicals that could make a very large explosion.” –Mrs Vandervis, on her 11-year-old son’s decision to manufacture gunpowder.

ODT Mix 30.5.15 Lund Kerr on Vandervis p8 (3.1)Mix (page 8), ODT

Related Posts and Comments:
26.5.15 WCC’s free lunch for a car | Vandervis challenges DCC legal advice
24.5.15 Dunedin City not the only council with a code of silence
23.5.15 DCC rates rise | ODT editor nonplussed
21.5.15 Tomorrow’s newspaper —Cull on CST
21.5.15 DCC and LGNZ, total losers
20.5.15 What Audit NZ really says in DCC LTP consultation document….
19.5.15 DCC LTP must meet $68M budget shortfall over next decade
19.5.15 Ode to sickly DCC
17.5.15 Cr Vandervis on DCC project budgets
7.5.15 DCC Draft LTP 2015/16-2024/25 —public submissions online
6.5.15 Cr Vandervis gives mayor new desk ornament, with love
5.5.15 Subtle news….
4.5.15 Hmmmmmm #DCC
2.5.15 DCC … LEGAL to remove ELECTED Councillor voting rights ??
● 1.5.15 Cr Vandervis unlikely to quit several missions #coverup #naturaljustice
● 30.4.15 Burn Robbie Burn!
● 29.4.15 Cr Vandervis offers full (and conditional!) apology
● 29.4.15 The ol’ BP Gag treatment revisited….
● 28.4.15 Today at DCC in pictures
● 24.4.15 Before Council meeting tomorrow at 1:00 PM
● 24.4.15 Cr Vandervis replies to local newspaper
● 24.4.15 DCC re Dr Bidrose’s time as most senior Citifleet Manager
● 23.4.15 DCC severely FAILS councillor #naturaljustice #contempt
● 15.4.15 Cr Lee Vandervis: Open Letter to the DCC Code of Conduct Committee
18.3.15 Lee Vandervis releases emails #Citifleet investigation
17.3.15 DCC whistleblowing —what is open government ?
13.3.15 Cr Lee Vandervis: LGOIMA…. Citifleet Investigation – Deloitte Report
26.2.15 DCC and the day(s) of Madness
● 23.2.15 Lee Vandervis on DCC Code of Conduct process … #naturaljustice
● 15.2.15 DCC…. ‘CEO Bidrose confirms no Vandervis complaint with a hug’
● 6.2.15 Cr Lee Vandervis apology
● 5.1.15 DCC: Chairman denies true and correct Council record
19.12.14 Vandervis: Deloitte and Police Citifleet investigations
19.12.14 DCC Citifleet by email . . . . woops! (another timeline proof)
18.12.14 DCC: Deloitte report released on Citifleet #whitewash
24.10.14 DCC Citifleet, more revelations….
21.10.14 DCC Citifleet, undetectable….
3.10.14 Vandervis family residence #HistoricHeritage
1.9.14 DCC Fraud: Further official information in reply to Cr Vandervis
30.8.14 DCC Fraud: Cr Vandervis states urgent need for facts….

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

Posted by Elizabeth Kerr

7 Comments

Filed under Business, Citifleet, Concerts, Construction, DCC, Delta, Democracy, Design, Economics, Heritage, Hot air, Inspiration, Media, Name, New Zealand, People, Politics, Project management, Property, Urban design

WCC’s free lunch for a car | Vandervis challenges DCC legal advice

Received.
‎Tue‎, ‎26‎ ‎May‎ ‎2015 ‎at 8‎:‎10‎ ‎a.m.

### Stuff.co.nz Last updated 05:00, May 26 2015
Editorial: Councillors don’t deserve a free lunch
OPINION: It is odd that Wellington City Councillors think the ratepayers owe them a free lunch. They don’t. Councillors say they don’t have time to go out and get lunch, so they must carry on working without it. “People have been getting grumpy,” explains Councillor Andy Foster. Therefore, the ratepayers must provide lunch. This argument is truly ridiculous. It means, apparently, that the politicians are incapable of doing what everyone else does, which is to have lunch within the usual times. They will say, of course, that they are busier than the other people. […] The councillors are in the difficult position that two years ago they scrapped free lunches, partly as a cost-cutting measure and partly as a sign that they were willing to share the pain. If those arguments were valid then, they are still valid now. So consider the cost-cutting argument. Officials are now recommending a 5.1 per cent increase in rates in 2015. Part of this will be $20,000 for councillors’ free lunches. This is about half of what the councillors’ free lunches used to cost before they scrapped them in 2013. Some will say this is a reasonable “compromise”. […] Councillors might now argue that $20,000 is a piffling amount in the context of the capital city’s budget, and of course it is. But suppose a burglar stole a car worth $20,000 from the city council’s fleet. This is also a trifling sum in the context of the city’s property assets. Would the councillors wink at that too?
Read more

****

Tears, spats and squabbles (note ODT url for the following item)….

### ODT Online Tue, 26 May 2015
Vandervis ‘contesting voting ban’
By Chris Morris
Dunedin city councillor Lee Vandervis says he has begun a legal challenge to reclaim his lost voting rights, although senior council staff remain in the dark about the details. His move came as yesterday’s full council meeting descended into increasingly bitter exchanges, most involving Cr Vandervis, who told one councillor to leave town and was advised by another to “shut up”.
Cr Vandervis, speaking at yesterday’s meeting, maintained the voting ban was “ultra vires”, as a councillor’s right to vote was “sacrosanct”. He also took exception to the accuracy of meeting minutes purporting to record the decision to remove his voting rights, as well as subsequent committee meetings.
Read more at http://www.odt.co.nz/news/dunedin/343501/tears-spats-and-squabbles

****

Cr Vandervis said the council’s real success in the Warehouse Precinct had been to “get out of the way” of private developers.

### ODT Online Tue, 26 May 2015
DCC approval for Exchange work
By Chris Morris
The Dunedin City Council is to press ahead with a $1.1 million plan to revamp Exchange Square and create new car-free zones in the Warehouse Precinct. Councillors at yesterday’s full council meeting voted to approve both projects for public consultation over the next few months, which could be followed by construction later this year.
Read more

ODT: Council may bring forward Exchange works
ODT: Jetty St pedestrian area proposed

Report – Council – 25/05/2015 (PDF, 1004.9 KB)
Renewal and Upgrade of Exchange Square

Report – Council – 25/05/2015 (PDF, 2.8 MB)
Proposed Restriction of Vehicles From Sections of Jetty Street

Other information:
Dunedin Central City Plan (all documents)
Exchange Square Upgrade
Urbanismplus: Dunedin Central City Framework (PDF, 9.7 MB)
This full report provides justification for a better city centre, a vision for the city centre, some strategic direction and finally an implementation plan. October 2011.

Posted by Elizabeth Kerr

24 Comments

Filed under Business, Citifleet, DCC, Democracy, Economics, Media, Name, New Zealand, OAG, People, Politics, Project management, What stadium