This story has been updated to correct the voting result to 8-3. 

Hamilton City Council has found complaints against Councillor Andrew Bydder represent a material breach of the Council’s Code of Conduct, and imposed a number of penalties for the breach.

Today’s (17 September 2024) Extraordinary Meeting of Council considered an independent investigation into multiple complaints against Councillor Bydder.

The complaints were in relation to a submission Councillor Bydder made to Waipā District Council about its Cambridge Connections project.

The complainants objected to the language used in the submission which was considered to be offensive behaviour in breach of the Code.

The investigator, Mary Hill, concluded that the complaints identified material breaches of two sections of the Code of Conduct (treating others with respect, productive relationships with the public).

Council agreed with her findings and imposed the following penalties:

• a formal letter of censure to Councillor Bydder that includes advice that any further conduct of this nature is likely to result in more serious penalties;
• notes that a letter of censure shall include the decision of Council on the outcome of the Code of Conduct complaints, and any penalties imposed; and that the letter be signed by the Deputy Mayor on behalf of Council;
• requests Councillor Bydder attend relevant training which may cover matters such as conduct expected of Elected Members including dealing with members of the public and the media, and the requirements of the Code to be completed by 1 December 2024;
• requests Councillor Bydder tender a written apology to Waipā District Council Mayor Susan O’Regan by 17 October 2024;
• requests Councillor Bydder make a public apology to Cerebral Palsy New Zealand and IHC by 17 October 2024;
• notes that the censure and penalties are proportional to the behaviour that is found to be in breach of the Code.

In addition to accepting the findings and deciding the penalties, Council resolved to review the Code of Conduct to provide clarity for when a connection exists between an Elected Member’s private and official capacity.

Elected Members were 8-3 in favour of the decision.

The cost of the process to date is $21,566 + GST. Total costs will be reported to the Finance and Monitoring Committee.

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