No pay for Tauranga councillor on medical leave

Te Awanui ward councillor Mikaere Sydney is on medical leave until December 31.

Tauranga’s Māori ward councillor won’t be paid while he is on a leave of absence due to illness.

Mikaere Sydney was elected to council in July, but is on an extended leave of absence until December 31 for medical reasons.

At a Tauranga City Council meeting on Monday the council voted not to pay him the $135,900 councillor salary.

It’s the first time in New Zealand a councillor has been elected but unable to take office because of illness.

Sydney was granted his leave of absence at the council’s inaugural meeting in August, but there was confusion over whether it was agreed to pay him at that time.

On Monday, councillor Hautapu Baker acknowledged the “extreme rarity” of the situation.

Councillor Hautapu Baker said paying Mikaere Sydney would send a message of unity to the community. Photo / Alisha Evans
Councillor Hautapu Baker said paying Mikaere Sydney would send a message of unity to the community. Photo / Alisha Evans.

“Never has an elected member gone down sick in such an extreme situation before, let alone an elected member who won quite overwhelmingly.”

People he had spoken to in the Te Awanui Māori ward were supportive of paying Sydney the same as the other councillors, which was a decision he thought they made at the first meeting.

“We are a team of 10 and we stand by one another. It sends a message of unity to our community.”

Councillor Rod Taylor said he also thought they had agreed to pay Sydney.

He wanted to consider what those in the Te Awanui ward who voted for Sydney would do.

“I’m quite supportive that we do actually follow through and pay him as a member of the team of 10.”

Councillor Glen Crowther said it was an awkward situation. Photo / Alisha Evans
Councillor Glen Crowther said it was an awkward situation. Photo / Alisha Evans.

Councillor Glen Crowther said he thought they had agreed to the leave of absence but not to pay Sydney.

It was an “awkward situation” and Crowther said his heart went out to him.

He needed to look at it from a dispassionate view that if the councillors were employees, they wouldn’t get sick leave because you need to be in a job six months to qualify.

Councillors are independent contractors and aren’t entitled to the same benefits as employees either, said Crowther.

He asked if there had been change in what was reported of Sydney’s condition.

Mayor Mahé Drysdale said he had visited Sydney and it was a private matter but nothing had significantly changed.

Drysdale said he was torn; his personal feeling was council should be supportive of Sydney who was in a very tough situation.

But this was tempered by the fact it was ratepayer money being spent on his salary, said Drysdale.

Mayor Mahé Drysdale said he was torn over whether to pay Mikaere Sydney during his medical leave. Photo / Alisha Evans
Mayor Mahé Drysdale said he was torn over whether to pay Mikaere Sydney during his medical leave. Photo / Alisha Evans.

“This is an interesting situation and the fact that he has been elected and through no fault of his own has not been able to take up that position.”

If there was a by-election to replace Sydney it would be more expensive than his salary, said Drysdale.

Councillor Rick Curach said it was with a heavy heart he supported not paying Sydney.

“We’re not an organisation that provides welfare, we’re not a charity. There is a member that cannot act as a councillor, therefore cannot do the job.”

In the “real world” it wouldn’t be a debate, he said.

Councillors’ salaries come from a remuneration pool of $1,242,581 which must all be spent.

With Sydney’s salary it will remain unspent, and the council can decide how to allocate it if he returns or resigns from his position after December 31.

Councillors were split over whether to pay Sydney. Councillors Crowther, Curach, Marten Rozeboom and Steve Morris voted not to pay him.

Drysdale, Baker, Taylor and Kevin Schuler voted to pay him. Because Deputy Mayor Jen Scoular was absent, and the vote was even Mayor Drysdale had the casting vote.

He changed his vote and opted not to pay Sydney.

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

13 comments

What’s the legal position?

Posted on 17-09-2024 15:05 | By waiknot

I would have thoughts council staff would have clarified the legal position for councillors prior to going to vote


A good outcome

Posted on 17-09-2024 15:15 | By The Sage

Finally common sense prevails. The Council has saved face by this about turn. Just as well Jen Schoular was absent from the vote as she seemed to be the most vocal about paying him all that sick pay and saying it would make no odds. I wish Mikaere well.


I think that......

Posted on 17-09-2024 15:24 | By Bruja

It is respectful to grant the leave of absence but I agree that he should not be paid until such time as he could begin to take on the role.
I wish he and his family all the best in the meantime.


Where’s the deputy?

Posted on 17-09-2024 15:49 | By Andrew64

Kind of important vote. What's the reason for her absence this early in the term?


Absolute sympathy

Posted on 17-09-2024 17:23 | By FRANKS

for the Councillor but absolutely the right decision not to pay him.


Agree with The Sage

Posted on 17-09-2024 18:35 | By nerak

I was beginning to despair re commonsense but it's starting to look like this council may be waking up to the serious job of running a city. All the best Mikaere .


Staff and Mayor choose a public and divisive pathway

Posted on 17-09-2024 23:16 | By Murray.Guy

TCC Staff and Mayor choose a public and divisive pathway, looking to intimidate and bully Councilors in to making a non-compliant decision. Staff withhold and ignore critical Remuneration advice. Begs the question, "Why"? Why was this deeply personal matter NOT discussed in confidential?
Have a read: https://www.remauthority.govt.nz/local-government-members/leave-of-absence

The payment of remuneration, allowances, and the reimbursement of expenses to a local government member (including mayor or regional council chair) MUST CEASE during the whole period for which formal leave of absence is granted.
All other benefits (including the use of a council provided vehicle for the mayor or regional council chair) will also be unavailable to the local government member during the whole of period for which formal leave of absence is granted. END.


Many, many, years ago

Posted on 18-09-2024 00:53 | By R1Squid

It was an honour to be elected as a council(person) or Mayor. None expected payment for their services, and no payment was provided as it was simply a volunteer role, and those that made themselves available had day jobs that provided an income.

How times have changed.

Now, it seems that being a Councilor, or a Mayor (and to hell with the voters) is a vocation and requires that the people that they apparently represent must pay for their non-service.


More for them

Posted on 18-09-2024 06:33 | By Greta

"Councillors’ salaries come from a remuneration pool of $1,242,581 which must all be spent." - so they voted not to pay him, so they'll have more to distribute amongst themselves??? Or what will they spend it on? Would be good to know...


Scoundrels

Posted on 18-09-2024 07:32 | By Ratbert

It's not like they actually do any work other than political posturing to try to get elected again. The money is already spent so might as well pay him to be in hospital as to sit around a table bickering and ruining the city by their penny pinching letty politics...


I wonder?

Posted on 18-09-2024 07:36 | By Ratbert

Did the deputy Mayor lose her pay for not being there? Will they all take pay cuts when they are not available for council business?


Some misinformation, misunderstanding needs clarity.

Posted on 18-09-2024 17:48 | By Murray.Guy

The remuneration pool 'amount' from which councillors are to be paid is set by the Remuneration Authority, a Crown Agency.
A local authority is required to allocate the entire pool, BUT what is allocated does NOT have to be actually spent. Some may be retained and remain in Council funds.

The Remuneration Authority acknowledges that from time to time the amount allocated may not be actually spent, paid out for a variety of reasons. Example, a councilor passes away and for a period there will be a vacancy until a bi-election.
The Remuneration Authority states quite emphatically, "While on an approved 'leave of absence' a councilor MUST NOT be paid, must not receive any benefits."

In the case of the Deputy Mayor on Holiday. I do not know how long she is out of the Country, how many 'formal council meetings' she will not attend.


Councillors are not employees

Posted on 22-09-2024 13:05 | By Naysay

There is a provision for sick leave under an employment contract that's 10 days but if you have not started that contact it's null and void . That leaves a contractor's contract and no you're not paid there either. Disappointing this plays out in the public domain you certainly project a lot of confidence in your knowledge of contracts and essential governance .


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