Hamilton councillor Andrew Bydder claims the council's investigation into 23 complaints about his language was "corrupt". Photo: Supplied
Hamilton councillor Andrew Bydder is refusing to accept he breached conduct rules when he asked neighbouring Waipā council in a public submission: "What the f*** are you r******d s*****c c**** doing?"
Bydder also says Hamilton City Council's investigation into 23 complaints about his language was "corrupt", because he claims the council withheld details about relevant code of conduct complaints against a former councillor, that Bydder says set a precedent in his case.
"HCC has mismanaged the process," he said. "The investigation was completed while withholding crucial evidence. They have to start all over again and do it properly."
The council will meet on Tuesday to determine whether to accept investigator Mary Hill's finding that Bydder breached its code of conduct in the submission which also told Waipā mayor Susan O'Regan to "get off your fat arse and do your job".
Bydder said he plans to "go on the attack" at the meeting in defence of his behaviour now the council has released details of complaints against former Hamilton councillor Dave Macpherson.
Macpherson attracted complaints in 2020 and 2021 for social media posts in which he called other people "idiots", "dickhead" and "f****** aliens from Mars".
He also used a meme to tell another person to "f*** off" and referred to a citizen as a "dinosaur" and "misogynist".
In May 2022, Macpherson - who was also a Waikato District Health Board member - replied to an email about council business with his council email address stating: "Thank you and please get stuffed".
Bydder said the complaints were dismissed and pointed to Macpherson's posts as being written in his private capacity.
"A precedent has been set, which is clearly not being applied to me, in a blatant display of political bias and left-wing hypocrisy."
Macpherson, who retired in 2022 after 24 years on council, said he "couldn't give a rat's arse" about Bydder's use of his complaints history.
He admitted the comments, and said they were directed at people who had abused him and did not represent the council's views.
He denied using race, gender or the disabilities community in insults.
"My abuse was somewhat more PC (politically correct)."
Bydder said the council only released details of the Macpherson complaints under the Official Information Act after Hill had completed her investigation report.
The report recommended the council censure Bydder, apologise to O'Regan and a disabilities organisation, and complete conduct training but Bydder said he refused to "accept anything from a corrupt process".
"I am willing to apologise to anyone who has taken offence, independently of the council process, but on the condition that mayors Paula (Southgate) and O'Regan also apologise as they are the ones who interacted with the public, not me."
Bydder said his submission was redacted when it was published online as part of Waipā's consultation on placement of a third bridge in Cambridge, and that it only became public because of the two mayors.
Southgate was the initial complainant and was shown a "screengrab" of the unredacted version of the submission, which Bydder said he was entitled to make in his private capacity and under the New Zealand Bill of Rights which ensures freedom of expression.
However, in her report Hill said while it was true Bydder had a right to freedom of expression, the code restricted the manner in which he expressed that opinion.
She said the submission - labelled by complainants as disgusting, abusive and ableist - undermined the council and Bydder's own reputation and breached the code in two areas, respect and relationship to the public.