Integrity commissioner, Tony Fleming, has ruled that Minden Hills coun. Tammy McKelvey has breached two sections of the Municipal Act’s code of conduct.
However, McKelvey told council Nov. 28, “she felt she had not violated the code of conduct.” Council went on to accept the report as information only, not endorsing Fleming’s recommendations council reprimand McKelvey to reinforce the proper role of council, and to ensure the breach is not repeated.
The integrity commissioner’s report – tabled at last Thursday’s meeting – said Fleming received a complaint May 22, alleging McKelvey improperly directed staff.
He said the incident happened May 21, when, “[McKelvey] wrote to staff to report a development that she believed was illegal (after being advised by residents of the problem). [McKelvey] took pictures of the property and submitted her findings to staff.”
Fleming said he determined McKelvey sent an email to staff after she’d driven onto private property along a newly-built road to take a picture of the alleged illegal development. However, he said McKelvey did not request or demand action from staff in the email, and investigators had no evidence she provided verbal prompts.
Minden council dismisses integrity commissioner’s recommendations
However, he said council members have clearly defined roles under the Municipal Act.
“Council and councillors have a policy-setting role and not an administrative or operational role. Attending a site and taking pictures of an alleged illegal activity is not the proper role for a member of council. This is purely a staff function, and no member of council should cross this line. It is appropriate for council members to pass complaints along to staff, but they should never engage in any aspect of an investigation,” Fleming said.
He ruled McKelvey breached sections 4.2 and 7.3 of the code, as “clearly the councillor was more than encouraging staff to enforce in this instance given her direct role.”
Fleming said McKelvey told him, “she was not participating in an enforcement matter – she was simply helping staff understand the complaint.” However, Fleming said, “we do not accept this response. There was clearly a perception of the public and [McKelvey] that the development in question was illegal. There is no other reason to attend the site and take pictures other than to demonstrate to staff that the activity was occurring – illegal activity. Enforcement actions always start with an initial site visit and then an assessment of next steps. The actions of [McKelvey] were part of enforcement; the problem is that [McKelvey] was not the person authorized to take those steps.
Fleming added it was an opportunity to explain to council the practical implications when they “stray into operational duties of staff… This is not a finding of the investigation, but it is an opportune time to reinforce with all of council the general concerns associated with not respecting the limits of their role.”
He said staff administer policies and bylaws set by council. When councillors interfere, even if well-intentioned, staff can feel undermined, that their work is not respected, or they’re seen to be unqualified. He said it can impact staff morale and keeping, or recruiting staff.
He went on to say, while staff can investigate, any ‘evidence’ gathered by a councillor is not admissible in court, and the fact a councillor was on-site early in the process, without legal authority, might be a reason to refuse to admit other evidence, even if gathered legally, afterwards.
“This obviously has serious repercussions for the township and underscores why councillors must respect their roles.”
Councillors weigh in
At the meeting, mayor Bob Carter said it was “essential to acknowledge the importance of the report and follow proper procedures to address the report before council and public.” He said they had sought legal advice.
McKelvey said, “I feel that I have not violated the code of conduct. I did what any other member of council has been asked to do… and investigate a complaint that came in… and I sent that information off to staff…”
Coun. Bob Sisson said, “I think we’re all guilty of this sooner or later. I’ve had people call me and I pass it on. I think it’s blown way out of proportion myself.”
Coun. Ivan Ingram said, “I have no intention of agreeing with the recommendation.”
Carter, deputy mayor Lisa Schell and councillors Pam Sayne and Shirley Johannessen did not publicly comment on the recommendations. Council accepted the report for information only.
Coun. Tammy McKelvey said she was helping staff understand a complaint.
