South Waikato councillor censured after $34,000 investigation

A South Waikato District Council investigation has left ratepayers with a five-figure bill and one of their councillors censured.

By Bronson Perich of Local Democracy Reporting

Putāruru Ward councillor Zed Latinovic received the censure after an investigation into a code of conduct complaint.

Latinovic has been told to apologise to council staff and undergo further training but, in a statement, the councillor refused to accept the censure.

The complaint, covering two incidents, was upheld at an emergency meeting on Friday, with the council voting to censure the first-term councillor.

The meeting was called to present the findings of the $33,925 independent investigation into Latinovic's behaviour, conducted by barrister Mary Hill. The cost was included in a council media release.

The first part of the complaint was in relation to an exchange between Mayor Gary Petley and Latinovic when the first council meeting of the year was adjourned because of an unauthorised YouTube stream by local Bruce Simpson.

Latinovic loudly raised his opposition to that adjournment by the mayor.

The second part of the complaint related to the deferred meeting in March, where Latinovic accused the chief financial officer of “creative accounting”.

Both the mayor and Latinovic declared their conflicts of interest and excused themselves from last week’s proceedings, leaving deputy mayor Maria Te Kanawa to chair the hui and Rotorua Lakes councillor Robert Lee to speak on Latinovic’s behalf.

Latinovic left his chair and sat in the public gallery.

Lee requested sufficient time to present a PowerPoint presentation in Latinovic’s defence, but Te Kanawa denied the request, giving Lee 15 minutes to speak to the investigator’s report.

However, Lee contended time was needed to fulfil his role in mounting a defence.

The seriousness of the allegations, along with the potential to be “named and shamed publicly, let’s say defamed,” was how Lee framed his request.

Te Kanawa said Latinovic had had natural justice by going through that investigative process. "He had also had natural justice by expressing his concerns on social media.”

The deputy mayor then asked Lee if he would use the 15 minutes allotted to him, to which he replied: “We will not be participating in a sham. Good afternoon.”

Then Lee, Latinovic and his supporters walked out.

Fellow Putāruru Ward councillor Dave Shaw then advocated for Latinovic, calling him a friend.

In regard to the first complaint, Shaw said: “We [Shaw and Latinovic] honestly felt that Standing Order 12.4 allowed Mr Simpson the right to film. And that the mayor would be unable to force Mr Simpson to stop.”

Shaw said when the public attending the February hui began to become abusive, Latinovic intervened, calling on the attendees to calm down.

Furthermore, he stated that there was video evidence that “exonerated Zed [Latinovic] from yelling or being abusive at the meeting”.

“That is the man that I know.”

Shaw said English was Latinovic’s third language and his choice of words to the chief financial officer was unfortunate and a correction had been made.

“I’ve had to help him from time-to-time to help him find the right word in English.

“It is clear to me that Zed means no harm but, rather, the opposite.”

Tokoroa Ward councillor Josiah Teokotai raised a motion that formed the core of Latinovic’s censure.

He said elected members should have the utmost concern for any complaints raised by council staff.

Latinovic’s behaviour was “destructive of the critical trust between staff and elected members”, he said.

This impeded the council’s ability to do its best for the community, Teokotai said.

He said he had formed the opinion that Latinovic didn’t understand “much of the technical information" that comes before council.

He noted the investigation found that Latinovic’s lack of understanding contributed to his behaviour towards council staff.

In a statement yesterday, Latinovic told Local Democracy Reporting that, in his view, the council’s decision wasn’t reached through a fair process and he refused to accept their censure.

“I remain approachable and willing to participate in constructive discussion if [the] council is genuinely willing to take that opportunity.”

The complaint was made by the council’s chief executive, on behalf of council staff.

Latinovic provided a written response to questions, followed later by a 52-page response.

In the report, Hill said she found two breaches of the code of conduct.

The initial breach, at the year’s first council meeting, was at the low-to-moderate end, while the incident in March was moderate-to-serious.

She did not consider it warranted one of the more serious penalties under the code, such as removal of responsibilities.

Hill noted the expense to ratepayers of such processes, though said in this instance the complaint was “properly raised”.

The council’s censure means Latinovic is required to go through a range of remedial actions including a written apology to council staff, further training and mentoring on his duties, council procedures and conduct as councillor.

– LDR is local body journalism co-funded by RNZ and NZ On Air.