City of Regina
Saskatchewan CA

CC City Manager
CM23-26

Integrity Commissioner Investigation Report (No. 2023-01)

Information

Department:Office of the City Clerk- Council ReportsSponsors:
Category:Not Applicable

Report Body

ISSUE

 

Section 25(1) of The Code of Ethics Bylaw, Bylaw No.2017-4 requires Council to consider and respond to an investigation report within 90 days after the report is provided to the Executive Committee by the Integrity Commissioner. Council considered this matter at its May 10, 2023 meeting and adopted a motion to have this matter referred to a private meeting of the Executive Committee and return to a future City Council meeting to continue the consideration and debate on this matter.
 

IMPACTS

 

Financial Impact

 

The investigation into the complaint made pursuant to The Code of Ethics Bylaw, incurred expenses related to:

·         Correspondence and meetings with: the Complainant; Respondent; City Administration; Executive Committee; and any other witnesses as required;

·         the review of relevant bylaws, policies and applicable laws;

·         the gathering, review, analysis of evidence and drafting of the investigation report.

 

The complaint took 50.3 hours at a total cost of $16,500.

 

OTHER OPTIONS

 

Option 1: Impose another censure, sanctions or corrective actions allowed by law, in accordance with section 24(4) and 25(3) of The Code of Ethics Bylaw. Possible sanctions may include but are not limited to:

 

(a) a reprimand;

(b) requiring that the member apologize to those impacted;

(c) requiring educational training;

(d) removing the member from Council Committees or other bodies; or

(e) dismissing the member from a position of chairperson of a Council committee.

 

Option 2: Impose no sanctions, censure or corrective actions.

 

COMMUNICATIONS

 

The Integrity Commissioners report (CM23-13) was released as part of the City Council meeting agenda held on Wednesday, May 10th, 2023, and all registered delegations were considered by City Council at that meeting. As such no additional delegations will be permitted to register to speak on this matter at the June 21, 2023 meeting.

 


DISCUSSION

 

A complaint was made under The Code of Ethics Bylaw by a member of the public against Councillor Andrew Stevens and Councillor Dan LeBlanc.

 

The Code of Ethics Bylaw for members of Council outlines the process on what happens next (Sections 24 to 27). The Integrity Commissioner is tasked with investigating and determining the validity of the complaint(s). Substantiated complaints are presented to Council, and complaints found not to be substantiated for any reason remain confidential. A report of the Integrity Commissioner on substantiated complaints is first presented in-camera at Executive Committee, followed by public consideration by City Council within 90 days.

 

Integrity Commissioner Angela Kruk reviewed the complaint in accordance with the bylaw provisions.

 

Section 24(2) of The Code of Ethics Bylaw requires the Integrity Commissioner to report to Executive Committee where a violation of the Bylaw has been determined:

 

·         The Integrity Commissioner filed the attached final investigation report (Appendix A) with the Office of the City Clerk on March 7, 2023 for consideration by Executive Committee.

·         Executive Committee considered the report at a special meeting in-camera on April 12, 2023 and a subsequent in-camera meeting  on May 2, 2023 in accordance with the provisions of the bylaw.

 

City Council’s response to the investigation report must be done in a public meeting and the report must be made available to the public.

 

The Integrity Commissioner has made an independent ruling based on review of information, and City Council is only responsible for disciplinary action. Council may impose a censure, sanctions and corrective actions recommended by the Integrity Commissioner or any other censure sanctions and corrective actions allowed by law (as outlined in Option 1).

 

City Council has no legal authority to remove or suspend a member of Council from office arising from a substantiated ethics bylaw complaint.

 

DECISION HISTORY

 

On April 12, 2023 and May 2, 2023, Executive Committee considered item E23-18 - Integrity Commissioner Report in private session.

 

Section 25(1) of The Code of Ethics Bylaw, Bylaw No.2017-4 requires Council to consider an investigation report within 90 days after the report is provided to Executive Committee.

 

On May 10, 2023, City Council considered CM23-13 - Integrity Commissioner Report (No. 2023-01) and adopted a resolution that the report be referred to the Executive Committee.

 

On June 14, 2023, Executive Committee considered item E23-26 - CM23-13 Integrity Commissioner Report (No. 2023-01) in private session.

 

Respectfully Submitted,              Respectfully Submitted,

 

{Signature}              {Signature}

 

Prepared by: {ResUserUser1:First Last, Title}