Andrew Bydder has been found in breach of the council code of conduct after his submission included ableist slurs, the c-word and other strong language. Photo: Supplied
A Hamilton City Councillor says he will ignore a recommendation to publicly apologise and undergo training for an expletive-laden rant to another council.
Andrew Bydder has been found in breach of the council code of conduct by fellow councillors for the offensive submission to Waipā District Council.
Bydder's submission included ableist slurs, the c-word and other language the councillors denounced as deplorable, offensive and not worthy of a pub, let alone a public submission.
But Bydder maintained at yesterday's extraordinary council meeting that he was acting in his private capacity as a Cambridge resident and said the investigation was corrupt.
He said it was Waipā mayor Susan O'Regan who sent an unredacted version of the submission to Hamilton mayor Paula Southgate and that it became public after that.
Bydder said 12 code of conduct complaints against a former councillor over abusive language were dismissed because that councillor held similar political views to Hamilton mayor Paula Southgate.
"This is entirely a political attack on me that has caused collateral damage amongst the public, in particular the disabled community," he told the meeting.
"Their anger might be righteous, but it is misdirected. For the record, I am genuinely sorry for any hurt caused to the public."
However, independent investigator Mary Hill told the meeting Bydder made it clear in his submission he wanted it circulated to Waipā councillors, putting it firmly in the public domain.
Bydder told RNZ he would ignore the recommendation, carried eight votes to three, which included apologising to IHC and the Cerebral Palsy Society.
Councillor Louise Hutt, who has a spine deformity, said having a disability did not have to be marginalising or stigmatising.
"It's the choices we make as a society that determine that. The way we don't accommodate people - you know, stairs instead of a ramp.
"It's also the special slurs that we make-up to particularly disrespect and diminish them.
"Imagine if a permanent part of you which you didn't ask for and didn't cause was a synonym for being bad and wrong and not deserving of humanity or dignity."
She said it was that attitude which had caused more than 50 years of inhumane neglect to disabled New Zealanders.
Hutt said more than 40 people contacted her, thoroughly rejecting Bydder's language.
She said she could have chosen a lot of different language to express her frustration and disappointment but did not.
"We're simply requesting that elected members also express our frustration and disappointment without catching disabled people in the crossfire and contributing to a long history of marginalisation."
Hill found Bydder's comments - which included telling O'Regan to "get off your fat arse and do your job" - breached the council's code in two areas - respect and relationship to the public.
Deputy mayor Angela O'Leary said Bydder crossed a line and she asked councillors to carefully consider what message they wanted to send.
"As elected our officials our words carry weight and when used callously or with malice undermine our collective work, our credibility and the very trust that underpins our democracy.
She said what was at stake was the councillors' "collective obligation to treat people with integrity and respect at all times and recognise that we are held, and should be held, to higher standards of behaviour".
But councillors Geoff Taylor and Ewan Wilson questioned how Bydder's public submission made in March, with the offensive language redacted by Waipā Council, was unredacted and became public in June when Southgate made a formal complaint.
Taylor said he had a fundamental problem with the investigation and code of conduct process because it was conducted in public via the media.
"And I don't think that's been any accident. Personally I think it's been a bit cynical and calculated and I think it's brought the whole process into disrepute.
"Section six of our code of conduct says the party who is the subject of the complaint should have their privacy respected. That's explicit. Well that hasn't occurred in this situation."
He said Bydder's privacy was deliberately and blatantly compromised.
"And thanks to these actions Cr Bydder has basically already been publicly tried and found guilty and that is a complete lapse in natural justice.
"And I'm somewhat astounded that it seems to have been conveniently swept aside and ignored in this investigation, in my view."
Bydder said O'Regan sent an unredacted screengrab of the submission to Southgate and pointed to her as leaking it to media.
But Southgate, who as the original complainant did not take part in the debate, said she did not leak it.
"The media were aware of a screenshot that had been circulating. They didn't get it from me.
"I submitted my complaint and had no further part in the process."
Southgate rejected assertions she was responsible for a hefty legal bill, $21,500 so far for the investigation, because publicity around the submission generated 23 complaints.
"I was also alerted to the fact Mr Bydder was aware the screenshot had been circulating and had in fact confirmed that he had made that submission to Waipā."
She said it was not a political attack, she stood by her complaint and the outcome was very good.
Councillor Tim Macindoe said while Bydder's language was deplorable, he was concerned at the cost to ratepayers.
"I'm firmly of the view that we should not have spent money on this matter."
Taylor put an amendment to the motion that did not accept Hill's report or the penalty recommendations.
It was supported by councillors Emma Pike, Wilson and Macindoe, but was voted down.
The motion to accept the report and penalties was won eight to three, with Wilson, Macindoe and Taylor voting against.
Councillor Maxine van Oosten did not participate in the debate because she was one of the complainants.
Bydder would be censured, but told RNZ he would ignore the recommendations which also included apologising to O'Regan and undergoing mentoring.