Controversial Dunedin councillor asked to resign, reads Kafka extracts

Controversial first-term Dunedin councillor Benedict Ong has been asked to resign by his colleagues for breaching the code of conduct.

Instead of offering a nuanced defence of his actions, Ong read extracts from Franz Kafka's novel The Trial.

Ong was investigated for breaching the Dunedin City Council's code of conduct after last month accusing a council staff member of "apparent political bias" and a "lack of political neutrality" in an email to the council's chief executive and two local journalists.

The independent investigation, by barrister Steph Dyhrberg, found his actions were a serious breach of the code and appeared to be an attempt to discredit the staff member for not supporting his account in an earlier complaint against another councillor.

A vast majority of his council colleagues endorsed the investigation's finding on Wednesday and agreed to sanction Ong.

Speaking outside the meeting, the 42-year-old councillor told reporters he would not stand down and believed concerns about his behaviour were baseless.

"Why would I even consider that? Because, very simply, I have been elected. I am a contractor for the next two-and-a-half years to serve at the pleasure of our community, and that is what our community wants."

All councillors - apart from Ong - supported a separate motion to remove him from two council representative roles on the city's museums' boards.

But councillors Ong, Lee Vandervis and Andrew Simms did not support a change in the council's pay rates that would cost Ong about $15,000 in annual pay alongside the earlier loss of the council's deputy technology portfolio.

Councillor John Chambers will instead fill the council's representative roles on the Otago Settlers Association and the Toitū Otago Settlers Museum boards.

Ong was given an opportunity to speak, describing what was happening as "my trial" before reading an excerpt from Kafka's novel of a man accused of a crime he did not commit.

Councillor Russell Lund pushed for an amendment not to accept the report or take further action, saying he did not think the report was fair and even-handed and Ong had been elected to serve the city.

Barker said she was horrified a staff member was treated that way and she did not have confidence in the councillor.

Councillor Lee Vandervis raised concerns Ong's resignation would trigger a costly by-election. However, staff said that it could be incorporated into April's by-election to fill the seat left vacant after the death of councillor Jules Radich.

Vandervis said he did not believe the effect of the motion would be positive for council or for Ong.

It follows Ong's own code of conduct complaint against Chambers late last year for what Ong claimed were inappropriate comments towards him. Dyhrberg dismissed that complaint after finding it lacked substance.

Dyhrberg reviewed a transcript of a phone call between Ong and a council staff member as part of the investigation and said it did not support Ong's account.

The staff member told Dyhrberg she was concerned Ong might share information with the media and breach her privacy. Dyhrberg said she asked Ong not to share the confidential information when she shared it with him, but he sent the email detailing the matter to the chief executive and journalists about half an hour later.

His actions might have been a deliberate attempt to retaliate or discredit her, Dyhrberg said in a report following her investigation.

"It is reasonable to infer Councillor Ong knew what he was doing was inappropriate," she said.

"No one should be victimised or discredited for agreeing to participate in a code of conduct complaint process."

Ong had been given several opportunities to respond but had chosen not to, she said. He remained vocal on social media, defending himself and saying he knew he was in the right but had been silenced.

Barker wrote to Ong in February to tell him he was no longer deputy of the council's technology portfolio and she was withdrawing the privilege of attending informal meetings due to his behaviour.

At the start of Wednesday's meeting, Barker put councillors on notice about points of order to ensure the process was fair and proper.

A member of the public accused her of misusing points of order, but she said she had received legal advice the accusation was incorrect and offered councillors further training if they wanted it.