Vandervis ruled in breach, on the mat

Dunedin's deputy mayor feared she might be hit by a councillor who pointed his finger at her in "stabbing movements" and who grew "increasingly red in the face as he appeared to become more enraged".

Christine Garey said she was shocked the incident happened at her place of work and she was shaken by the experience.

She also said she stood her ground in the face of what she described as bullying.

The councillor at the centre of the controversy, Lee Vandervis, who has a history of volatile behaviour, could be asked to resign from the Dunedin City Council.

Councillors will meet on Tuesday to decide what to do after independent investigator and lawyer Steph Dyhrberg found Cr Vandervis breached the council’s code of conduct and his behaviour was abusive.

"The behaviour was highly unprofessional and threatening and affected Cr Garey’s perception of her safety in her working environment," Ms Dyhrberg said.

"It is likely to bring Cr Vandervis and the council into disrepute."

Cr Vandervis will have a chance to defend himself on Tuesday.

If councillors agree he breached the code, penalties available to them include suspension from committees, removal of council-funded privileges, a vote of no confidence or "inviting" him to consider resigning.

The incident arose after Cr Garey ruled against Cr Vandervis on a point of order at a council meeting on July 28. He confronted her afterwards.

Cr Steve Walker stepped in to protect Cr Garey, the investigation noted.

"I felt as if Cr Vandervis was going to hit me, he seemed so out of control," Cr Garey said in a statement yesterday.

She recalled the incident began with Cr Vandervis shouting, and he was yelling by the end of it.

He jabbed his finger at her, was agitated and grew red in the face as he appeared to become more enraged, she said.

Crs Garey, Walker and Marie Laufiso made formal complaints the day after the meeting.

Cr Vandervis issued an apology that day for "loudness".

He said he had not intended to make a scene and "I should not have let it escalate".

In future, he would make all complaints in writing, Cr Vandervis said.

Cr Vandervis objected to the appointment of Ms Dyhrberg, alleging bias concerning a previous code of conduct process in which she found in his favour but did not rule he was owed an apology.

He declined to participate in the latest investigation.

He issued a brief statement yesterday, saying the action against him was designed to "smother my initial complaints" about council leaders’ lack of proper process.

"Calling out people who are not doing their job, including the ODT ... is the long-evident pattern of my behaviour in the public interest."

Both Crs Garey and Laufiso referred to previous conduct from Cr Vandervis.

Cr Laufiso said he stood over a female staff member last year, spoke with his face close to hers and pointed a finger aggressively in her face.

In her complaint, Cr Garey said Cr Vandervis was "extremely angry, aggressive, intimidating and threatening throughout".

"I am extremely concerned that this was not a one-off but a pattern of behaviour which I have observed over several years."

Cr Walker said Cr Vandervis was "screaming and yelling".

It was an over-the-top "tirade" and Cr Vandervis was "red-faced and almost spitting", Cr Walker said in his account.

Cr Laufiso said the faces of Cr Garey and Cr Vandervis were about 20cm apart.

Cr Andrew Whiley said the behaviour of Cr Vandervis was intimidating and his apology was weak.

Cr Jim O’Malley said he heard a very loud altercation and noted that trying to change a ruling by force was inappropriate.

Cr Mike Lord said Cr Vandervis stood uncomfortably close to Cr Garey and he was overpowering, because of his height.

Cr Jules Radich, however, was on the other side of the room, with his back turned, and did not notice anything.

Councillors who will be deliberating on the complaints were advised not to talk to media and they were wary of making statements that could be seen as prejudicial.

The council has kept a file on Cr Vandervis since 2012 and, as of July, it listed 27 recorded incidents.

They range from claims of swearing and bullying to spraying saliva.

Cr Vandervis rejected the file as "manufactured rubbish".

The story so far

2012: Dunedin City Council begins confidential file on Cr Lee Vandervis.

Late 2014-early 2015: Code of conduct complaints (bullying, aggressive and misleading behaviour) are upheld. Cr Vandervis storms out of meeting to discuss his punishment,  given 24 hours to offer a "genuine" apology for his behaviour or be stripped of his voting rights. Apology considered insufficient, he is suspended from voting at all council committees for two months.

2017: Mayor Dave Cull pays Cr Vandervis $50,000 in defamation case following a heated exchange during a council meeting in 2015, when Cr Vandervis claimed to have paid a backhander to secure a council contract in the 1980s. Mr Cull called him a "liar" and ejected him from the meeting after he suggested he had given Mr Cull "personal evidence" to back his claim.

2020: Vandervis file released after complaint to ombudsman. It details 27 recorded incidents, including standing over, bullying, implying incompetence and corruption, shouting at, berating, intimidating, denigrating, swearing at council staff.