Government needs to tighten up the “rules”
This is a rare piece of commentary from me personally into the entire “Len Brown affair.” Since the story broke I have been more or less silent on the “affair” aspect while constantly keeping an eye on the “conduct” side of the matter. From Day One when the story broke (while returning from a Council briefing on I believe it was on the Unitary Plan heading for notification) I have always said for me to no longer give “support” to the Mayor, he would have to conduct a criminal act (and be convicted) or conduct serious misconduct (an affair is not misconduct) through misuse of resources or power, and/or other serious nature.
I have the EY report that was commissioned by Council CEO Doug McKay after it landed (with an accompanying release) in my email box this afternoon. You can read the report over at this post here: The EY Report Commissioned by Auckland Council CEO. That said I was NOT at the Press Conference in Town Hall this afternoon over the release of the report.
After receiving and reading the report I have come to three conclusions:
- The “rules” set by the Council Code of Conduct, that by the Remuneration Authority, and the Local Government (Auckland Amendment) Act 2009 are too loose with little measures provided if something does go wrong/breached
- Government must tighten up the regulations set about by the Remuneration Authority for issuing rules around use of ratepayers resources – e.g the mayoral car and when it can be used or not. In the same regard the Local Government Act needs tightening up so the Governing Body have available a wide range of measures to deal with errant elected members. This can range from a Censure motion to something more punitive (whatever one decides that might be short of sacking a mayor)
- Owing to this error in regards to several matters pointed out in the EY report (cell phone, mayoral car, and not declaring the hotels on the register)(and rather than the actual affair) my confidence in the mayor is shaken with support moving from positive to negative. That said I still have confidence and positive support in the wider main Council (although a particular CCO is an exception at the moment) and the rest of the elected members (regardless of whether I agree with them or not (Dick Quax and Cameron Brewer)). In being honest it has weighed on my mind on what else has the mayor not declared outside of the “affair” and could have this affected any other mayoral decision-making
I stress again to make it crystal clear that yes confidence in the mayor is shaken with support switching from positive to negative. HOWEVER, confidence and support remains with the Deputy Mayor and the rest of the Councillors despite disagreements from time to time.
One thing I do ask of the Governing Body after the elected members have had time to review the EY report is that an extraordinary meeting be called of the GB ASAP! In that extraordinary meeting a motion of censure is called and voted for against the mayor immediately. Whether the vote passes or fails is beside the point in my opinion. The point being is that the Governing Body has now been damaged and in the eyes of the City the censure motion needs to occur to help restore confidence towards the Council. Failure to move the censure motion quickly could paralyse worthwhile projects before the Council – and that would be a true detriment to Auckland. It is risky
For the rest of it Parliament is going to need to haul backside and tighten up rules around Local Government to prevent this kind of mess from happening again. And to me that is going to be the main point coming out of this entire mess!
The EY report