CANMORE – A backup code of conduct investigator has been approved by Canmore council in case its main investigator was ever unavailable for a potential code of conduct complaint.
Sage Analytics, an Alberta-based municipal consulting firm focusing on council conduct, integrity reviews and governance reviews, was selected by council as a backup plan for any potential code of conduct complaints against a council member.
“I think it’s a good idea to have that depth,” said Mayor Sean Krausert of the plan that was unanimously supported by council.
Barbara McNeil was appointed as council’s code of conduct investigator in June 2018.
However, Town staff recommended “creating a roster of more than one investigator” in case McNeil was ever unavailable.
Adam Driedzic, the Town’s solicitor, told council McNeil recommended three potential firms.
He said his recommendation for Sage Analytics was based on personnel experience and who would be assigned, the commercial aspect of cost, and potential investigator's background and approaches to investigations.
“There’s no licence for municipal code of conduct investigations,” Driedzic told council. “Both firms (Sage Analytics and Method Work Investigations Law) have people who are trained and certified in various forms of alternative dispute resolution like mediation and arbitration.”
Code of conduct complaints have been rare in Canmore. If filed in municipalities, they are more commonly filed by members of the public, but in rare cases can be brought forward by municipal staff or council members.
McNeil told the Outlook she was unable to comment on any code of conduct investigations due to confidentiality.
Town CAO Sally Caudill, Canmore’s top bureaucrat, said any complaints are handled by the investigator and she would not be told if the investigator were to receive a complaint.
Scott Johnston, the press secretary for the Ministry of Municipal Affairs, said the province has a guide that was developed with Alberta Municipalities’ to help both residents and council members.
He noted no recent phone calls or emails were made to the ministry about a Canmore council member, and if a resident is looking to make a code of conduct complaint, they should review Canmore’s code of conduct bylaw.
“Municipalities have the authority to address the individual behaviour and actions of a councillor through a locally established code of conduct bylaw,” he said.
Michele Soroka, a spokesperson for the Alberta Ombudsman office, noted they only discuss specific cases if a public report is released.
However, she noted the ombudsman office acts as a last resort, with any parties involved in a code of conduct having to exhaust options. Soroka said the ombudsman office can review a complaint if an involved person feels they were treated unfairly.
“We do not investigate code of conduct violations themselves; instead, we may investigate how a municipality managed a code of conduct complaint,” she said.
Soroka noted the ombudsman office worked with Alberta Municipalities’ and Rural Municipalities Alberta on how to incorporate the ombudsman office’s fairness guidelines into any code of conduct process.
She said since 2018, the office has had about 40 complaints, with all deemed to be not suitable for investigation or they were investigated and resolved in an early resolution process.
Coun. Joanna McCallum pointed out that Sage Analytics had a former Town general manager, Roderick de Leeuw, listed on its website as staff. However, as of Oct. 9 he was no longer on the website.
Driedzic said it had been brought up by McNeil, but he told council de Leeuw wouldn’t be part of any proposed roster if the backup investigator was ever needed.
“There’s some safeguards here. The fellow is not in the roster of proposed associates for this project,” he said. “They’ve listed two main partners to be the investigator and three others of their firm members on their team. The former employee is none of those five people, so they’ve assigned a different roster to provide this.”
Canmore’s eight-page council code of conduct bylaw outlines how elected officials need to adhere to policies, procedures and bylaws as well as respectful interactions, confidential information and abstaining from voting when there’s a conflict of interest.
According to the bylaw, a code of conduct complaint should be made in writing and outline “reasonable and probable grounds for the complaint.” When the investigator receives the complaint, they can determine if it’s reasonable and whether a violation took place, but further investigation could also occur.
The investigator could also dismiss the complaint due to “insufficient grounds” but also if it is “frivolous, vexatious or not made in good faith.”
A complaint received more than 180 days after the alleged complaint or complaints took place may be rejected.
However, if a complaint is deemed reasonable, mediation could take place between the council member who has the complaint lodged against them and the person who made the complaint. If resolved in mediation, the investigator can end the investigation.
But if unsuccessful in mediation, the investigation can continue with findings and potential recommendations made by the investigator. If a complaint is founded, the council member who is the subject of the complaint can provide a response to the findings within 14 days.
If substantiated, a complaint can lead to council giving a sanction ranging from a letter of reprimand or the council member issuing an apology, to reduced or suspended pay or removal from some or all of their committees.
The Town of Banff had multiple complaints filed against councillors in its last term, notably by Banff residents Jamie MacVicar and Barry Kelly against former mayor and now Canadian Senator Karen Sorensen. The complaint stemmed from her husband Carsten Sorensen’s company being involved in providing benefit packages to the Town of Banff since 2005, though the former mayor had publicly declared a conflict of interest.
An independent investigator and the RCMP cleared Sorensen, but it cost about $12,000 to complete the investigation into the complaint.
In 2021, former councillor Peter Poole also had a conflict of interest complaint filed against him because he owned the Juniper Hotel and was involved in the area redevelopment plan discussions for the train station lands. The complaint had been brought forward by Adam Waterous of Liricon Capital, who is bringing forward the ARP and proposed gondola.
The provincial ombudsman has had the authority since 2018 to investigate municipalities on matters of administration, but not policy decisions made by elected officials.
Driedzic said if the backup investigator were ever called on, there would be a lead investigator, but a second person would be brought in if an interview were needed.
“That’s just their model of investigators and they’ve listed a number of other partners who will provide a supporting role,” he said.
