Tauranga City mayor Tenby Powell is at the centre of a Code of Conduct complaint after labelling another councillor a 'climate denying racist'. Photo / File
Tauranga mayor Tenby Powell may be asked to consider resigning after councillor Andrew Hollis made an official complaint that Powell called him a "climate-denying racist".
Tauranga City Council's elected members will now consider whether Powell breached the Code of Conduct and what, if any, penalty he should face.
Hollis made the complaint about comments Powell made to a March 5 briefing of about 25 elected members and council staff.
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An investigation report into the complaint said Powell referenced social media activity of two elected members: "Councillors Dawn [Kiddie] and Andrew need to stop posting the s*** they have over the past couple of weeks."
The background to this included Hollis' online statement during last year's election campaign that the Treaty of Waitangi should be burned, a recent online comment about "not breaking ranks" and a post on the day of the briefing titled "Courageous? Arrogant more like", featuring a photo of Powell.
According to the report, Hollis said there was surprise in the room after Powell's remark.
Hollis said he suggested Powell and he "should do this somewhere else" such as over a drink or coffee ... "and that's when the larger and probably more substantial blow-up occurred".
The report claims Powell responded "... I will never drink with a f****** climate-denying racist."
Hollis said he was shocked and "embarrassed" staff began shuffling papers. He said Powell stared "angrily" at him but he decided to just "let it be".
Hollis denied to the investigator that he or his posts were racist. He also checked if he said anything specifically targeting Powell and admitted potentially doing so during the election period when "we're supposed to bloody each other up a little bit".
It concerned Hollis that staff heard Powell's comments.
"... we were surrounded by people who, who look up to us with a certain level of respect and dignitary and dignity ... and that throws into turmoil a lot of the purpose of this office and certainly the office of the mayor."
...I wanted to be angry to a point but not crazy angry. Because I wanted to make a point because ... we have got to lance this boil.
Hollis said Powell's comments were unacceptable and he hoped his complaint prevented such behaviour happening again.
The day after the alleged comments were made, Hollis and Powell met for 90 minutes in an attempt to resolve Hollis' concerns. Hollis said he was called racist again and there was no reconciliation.
"That meeting started with Tenby sitting cross-armed saying that he will never trust me and will never include me in any confidence again."
Councillor Dawn Kiddie was also at the briefing and said she was shocked at Powell's comments, as she had not any conversations with Powell about her social media posts.
In the report, Kiddie described Powell as like a volcano that had been triggered. Deputy mayor Larry Baldock had to intervene to tell Powell to calm down, the report said.
Kiddie was fearful as Powell appeared to be out of control.
According to the report, Powell did not dispute his comments but was sorry for swearing and doing so in front of council staff who were not part of the executive team.
Had Powell been aware non-executive staff were present, he would have moderated his language, he told the investigator.
Powell also clarified he did not think Kiddie was racist but she was included in the first comment because she and Hollis were "joined-at-the-hip" and she often supported his posts, the report said.
Powell told the investigator: "Andrew Hollis' comments on social media are hate comments. They incite racism, they incite hate, I need to tell you now I'm going to chase this down and I will die in a ditch over it."
Powell said, in his view, Hollis would not debate an issue in a council meeting but would write a social media post about it afterwards.
"... this is about this going to social media to refute something that he should have the maturity and courage to argue about face-to-face in a meeting."
If I'm forced to resign then so be it but I will not resile from fighting against hate speech.
Powell said he used "controlled aggression" to make his point about Hollis' posts.
"... I knew what I was doing. I wanted to be angry to a point but not crazy angry. Because I wanted to make a point because ... we have got to lance this boil. It is a festering horrible thing ... for all I know it may happen in other councils but people do tell me that it does seem to be here prominent more than anywhere that they can think of."
Investigator Campbell Gourlay said in his conclusion that, in his view, by swearing in front of Tauranga council staff Powell failed to maintain the respect and dignity expected of an elected member and required under the Code of Conduct.
Gourlay said he believed the comments constituted a breach and Hollis' complaint was substantiated.
"... it is worth noting that the response from mayor Powell was not a completely isolated event. It is my view that there has likely been a contribution to that response by Powell and the subsequent complaint as a direct result of social media posts made by elected members of [the council]."
The council's Code of Conduct says elected members must: Avoid aggressive, offensive or abusive conduct including intimidation and/or bullying; Maintain the respect and dignity of their office in their dealings with each other, council officers, and the public; and Make no allegations regarding other members or council officers which are improper or derogatory.
Hollis complained on March 8 and council chief executive Marty Grenfell commissioned Gourlay to investigate. His report was provided to the council on March 17.
The council will consider the finding and determine whether a penalty or another form of action is to be imposed in a public meeting on Tuesday.
Powell will have an opportunity to appear and speak in his defence.
If the council determines an alleged breach happened, penalties range from a letter of censure to banning Powell from dealing with council staff other than the chief executive, or an invitation for Powell to consider resigning from the council.
Such penalties may not be warranted if Powell agreed to compromises including an apology or voluntary mediation.
Contacted by the Bay of Plenty Times on Friday, Powell said he was confident going into Tuesday's meeting but would accept whatever penalty was given.
"If I'm forced to resign then so be it but I will not resile from fighting against hate speech."
Powell said his demeanour was influenced "by a whole lack of faith and trust" in Hollis.
Powell said Hollis' attitude towards the Treaty of Waitangi had been "chewing away" at him since inauguration day but he refrained from speaking out "because I wanted to make it work".
On March 5, however, "I snapped."
While working 14 to 16 hour days was "no excuse", Powell said, it helped explain his impatience with Hollis, who he described as "100 per cent my opposite".
"I made a mistake. I accept it was wrong. I have actually apologised and apologised to the staff members involved. But we must not be distracted by this storm in a teacup and get back to the important issues and serve our community."
Powell said that while he, Hollis and Kiddie would "never be friends" he had displayed a calm and considered leadership through "challenging times" such as Whakari / White Island, gang turf wars, and now coronavirus.
Hollis told the Bay of Plenty Times he disputed Powell's allegations of hate speech, saying Powell was backtracking after being called out on "bullying and intimidating behaviour".
"He got angry about a post [that day] and couldn't control himself.
"It's his way or the highway."
Hollis said he did not want to Powell to resign and was open to reconciliation.
"I just want him to learn."
Kiddie said it was not a good look for Tauranga to have the leader of the city swearing in front of staff.
"We may not agree with each other, that's okay but let's not get personal about it. This is democracy."
Deputy mayor Larry Baldock has been contacted for comment.
An eradication programme has won a $750,000 government grant to get it started.