The Marlborough District Council has spent $18,500 on seeking a legal opinion on the conduct of a councillor, and how confidential information was made public.
The Marlborough District Council chambers Photo: RNZ / Tracy Neal
Mayor Alistair Sowman said the matter related to how a councillor spoke about a staff member at a council meeting several weeks ago.
The councillor, Jamie Arbuckle, said the inquiry was triggered by comments he made at a closed-door council meeting, about the process for appointing port company directors.
It had been reported in some media there were moves to appoint the district council's retiring chief executive to the board of Port Marlborough without advertising the position.
"The whole issue is, it wasn't advertised and there were a number of councillors unhappy with that process. To us, it should have been standard to advertise a position.
"We were in a public excluded meeting, there was a staff member taking minutes, the comments were made and from there we've had the Fowler report," Mr Arbuckle said.
Marlborough District mayor Alistair Sowman Photo: RNZ
Mr Sowman said the advice from Richard Fowler QC held two important messages for councillors about their conduct.
"Firstly, the Fowler report found that in all likelihood a councillor had leaked confidential material. Any councillor who leaked confidential information breached their obligations and undermined proper governance practices."
Mr Sowman said the action was not taken lightly, but it was done to send a message that poor conduct would not be tolerated. He said the Councillor Code of Conduct was not the right tool under the circumstances.
He said councillors often received sensitive information and while much of the council's business was conducted openly, there were times when confidentiality was required.
"Commercially sensitive decisions required discussion in private as did issues of personal privacy of individuals. Failing to respect these rules breaks down trust and in some situations, opens the way to legal action."
Mr Sowman said the Fowler report also sent a clear message to councillors about their responsibilities as a good employer.
"We found ourselves in a position where an elected councillor attacked the integrity of a staff member who was unable to defend himself," Mr Sowman said.
Photo: RNZ / Tracy Neal
Mr Arbuckle, a second-term councillor, said he had merely questioned whether due process was being followed.
"I'm elected by constituents, I'm the last line of defence - that's my job - to question and ask for process within local government. If we don't have that, or transparency, really we don't have democracy, do we."
Mr Arbuckle said he did not leak the information, but word had got out after port company staff met at a cafe and their comments were overheard.
"To go through an $18,500 inquiry has been six weeks of my life put to the sword over something simple.
"I guess when you enter council you go in to try and make the processes around council better, so people can understand it and sometimes you get very frustrated at what ends up happening, but as I said, that's sometimes just part of being a politician," Mr Arbuckle said.
