Vancouver’s integrity commissioner has received 22 complaints this year from citizens concerned about the conduct of city council but details of each case and whether any action was taken has been limited to two brief public reports.
Lawyer Lisa Southern, who was retained in January as the city’s first-ever integrity commissioner, cited a bylaw governing her work for not releasing more information on all 22 files received by her office.
“We are unable to provide this information based on our understanding of the bylaw,” Southern said in an email. “Information that can be made public is made public on the website in terms of the formal decisions.”
The two reports, or “bulletins,” posted to the city’s website this year from Southern concerned freedom of speech, defamation, hate crimes and hate speech.
Both complaints were related to what a council member posted on Twitter. The information doesn’t name the elected official or complainant.
'Freedom protests'
The bulletins:
• A citizen complained about a council member who sent a tweet that condemned the “freedom protests” against government mandates related to the COVID-19 pandemic.
The complainant argued the council member breached a section of the city’s Code of Conduct by sending the tweet and in doing so committed “hate crimes” and “hate speech.”
The commissioner decided the allegation of hate crimes raised “an allegation of a criminal nature consistent with the Criminal Code.” The commissioner said she did not have jurisdiction to address that allegation.
Southern, however, considered the allegation of hate speech “because that expression can be interpreted broadly and could amount to a Code of Conduct breach.”
Southern closed the complaint after finding the allegation did not contain grounds for concluding that a Code of Conduct violation occurred.
She also determined the council member was expressing their personal views and did not try to represent the City of Vancouver’s position on the “freedom protest.”
Chinatown
• Three citizens each complained about a tweet sent by a councillor. In the tweet, the councillor attached a news article about members of the public who pleaded guilty to vandalism.
The councillor made comments about these members of the public speaking at a city council meeting and compared the vandalism with racism experienced in Chinatown.
The complainants alleged the tweet breached sections of the Code of Conduct and that it was defamatory. The commissioner closed the complaint after finding the allegations did not contain grounds for concluding that a Code of Conduct violation occurred.
“The comments in the tweet were a matter of opinion which could be accepted, challenged, or rejected by those who chose to engage with it,” Southern wrote.
“Free and open debate is guaranteed under the Canadian Charter of Rights and Freedoms and is subject to limitations only as can be justified in a free and democratic society.”
Added Southern: “The tweet is an expression of the councillor’s opinion, and although there may be disagreement with their opinion, the content of the tweet does not ‘discriminate, harass, or defame any person’ as those terms are legally interpreted.”
Southern said bulletins are only posted if she believes that doing so would benefit the public.
Complaints may be answered through a preliminary assessment, an informal resolution or a formal investigation process, she said, noting complaints outside of her office’s jurisdiction are closed at the preliminary assessment stage.
Southern’s office does not have jurisdiction over complaints made against city staff.
Vancouver Is Awesome emailed all 10 councillors Monday, along with Mayor Kennedy Stewart’s communications director, to ask whether any of the elected officials have required the services of Southern this year.
Councillors Lisa Dominato, Adriane Carr, Sarah Kirby-Yung and Pete Fry responded via email by VIA’s Tuesday deadline. None shared whether they were the subject of any of the 22 complaints.
'Complaints have diminished'
Dominato: "I have consulted the integrity commissioner on Code of Conduct matters. This support has been invaluable. The city needs an independent, third party to depoliticize the complaint process. The appointment of an integrity commissioner reflects good governance and supports procedural fairness for all involved."
Carr: “I haven’t used Lisa Southern’s services, but greatly appreciate the one-on-one meetings she has had offering the opportunity to raise questions or issues of concern. She’s provided council with thorough training on our Code of Conduct and conflict of interest rules which is always helpful. Complaints have diminished since she’s been on board, which I say is good indication she’s necessary.”
Kirby-Yung: "I believe that the role of integrity commissioner and access to this office has value for both residents and for council. For residents, it provides a clear, arms-length from the city, objective channel to submit any complaints or concerns, and to have a clear and transparent response provided to review and, if warranted, investigate those concerns. For council members, the office offers the same as well as the opportunity for proactive guidance and advice on matters to ensure that councillors can seek legal perspective and avoid any issues.
That said, the legal bar for a complaint to be found to breach the governing Code of Conduct and elected responsibilities is high. Complaint investigations can often result in concluding there wasn’t an official breach, but they can also daylight behaviour or actions that are questionable and unethical. Ultimately, I do believe that having checks and balances for elected in positions of public trust is important."
Fry: “I’ve received some good guidance and advice on general matters pertaining to the integrity commissioner office and as pertains to city business, for instance in my role as chair of the Auditor General Committee – but I have not as yet required Lisa Southern’s services on my own matters. I do think the office serves an important function — particularly as we enter election season and with the possibility of new elected council members — it is important to have proactive accountability.”
Oct. 15 election
Southern has posted information on the city’s website that outlines rules in place to govern elected officials as they campaign to get re-elected Oct. 15.
Conflict of interest guidelines and rules regarding campaign contributions are provided in detail, along with guidance around using city resources and staff.
In January, the city announced that city council appointed Southern as commissioner. She is a veteran lawyer and managing partner at Southern Butler Price in North Vancouver.
Her two-year appointment was effective Jan. 1.
Prior to her appointment, Southern was contracted last year to review a complaint over a tweet posted on the Twitter account of the mayor. Her report can be viewed on the city website.
Council has set aside a $200,000 budget this year for Southern’s position and it will be used on a contractual retainer basis.
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