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The report, from attorney Robert Buchanan, will be presented to the council on Tuesday.
Cr Clark said yesterday that he would not speak against the report or its findings at the next meeting.
The report concerned Cr Clark’s discussion at a performance, policy and partnerships (PPP) committee meeting on August 11, about CEO Clare Hadley and a complaint about the code of conduct she had filed against the former deputy mayor. Toni Biddle.
It was Cr Ian Pottinger who initially brought the complaint against Cr Clark, saying the comments violated section 5.2 of the code, which relates to raising concerns about good governance and the relationship between the board and its CEO, especially in forums. public.
At the August meeting, Cr Clark questioned the processes followed for the complaint against Ms. Biddle and made the following statement in reference to the emails that Ms. Hadley had sent him.
“You say, president, that the executive director has given a truthful situation and I do not think that is the case. I have the right to question that.”
Ms. Hadley had described in her emails to Cr Clark that complaints were generally presented to the CEO, but since she was the whistleblower she had referred them to Cr Ludlow as he was the chair of the PPP committee, which was responsible for dealing with such complaints.
Cr Clark did not believe this was the correct process.
Buchanan’s report said Cr Clark “really misheard” when the council’s chief strategist, Andrew Cameron, outlined the process at the meeting, leading to his questioning.
“He may have made his statement in the heat of the moment, but that does not excuse him,” the report says.
“The fact that the president decided not to challenge the member at that time and ask him to stand down and apologize may have deprived Cr Clark of the opportunity to do so. But again, it does not excuse the statement itself.”
This provided a reasonable basis for mitigation, according to the report.
In response to the draft of the report, Cr Clark had accepted that his statement was inappropriate.
Speaking to the Otago Daily Times yesterday, he said he would not go over old ground.
“I said my opinion in the report … I will let my colleagues read it, digest it and then make a decision on where to go from here.
“It is up to them to decide and I will sit, wait and see. What will be, will be.”
Cr Pottinger was also approached by ODT, but said it would be inappropriate to comment at this stage.
