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Integrity commissioner position proposed by qathet Regional District chair

“As proposed, this person would be able to adjudicate disputes within the board. If there was a disagreement, or ethical or legal issues, such as we have experienced recently, we turn the matter over to this person, a qualified professional, who would come up with a decision as to what to do about it.” ~ Patrick Brabazon
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ADJUDICATE DISPUTES: qathet Regional District chair Patrick Brabazon has initiated discussions with four other coastal regional districts regarding the shared service of an integrity commissioner to help in situations where board members run afoul of codes of conduct and other applicable legislation.

qathet Regional District (qRD) will hold discussions with four other regional districts about the shared office of an integrity commissioner.

At a June 30 meeting, Electoral Area A director and board chair Patrick Brabazon moved that the board engage the other districts with a view to establishing the position and sharing the cost.

Brabazon said six years ago, he attended a session at the Union of British Columbia Municipalities (UBCM) annual convention, regarding the office of an integrity commissioner.

“Since then, other municipalities have shown the desire to have an integrity commissioner and they have moved on that front,” said Brabazon.

He said a local government does not have to hire an integrity commissioner itself. The office can be shared, he added.

“I’ll speak now to the value of the integrity commissioner,” said Brabazon. “As proposed, this person would be able to adjudicate disputes within the board. If there was a disagreement, or ethical or legal issues, such as we have experienced recently, we turn the matter over to this person, a qualified professional, who would come up with a decision as to what to do about it.”

Brabazon said with the idea of sharing such a position, he had approached the chairs of Comox Valley, Strathcona, Mt. Waddington and Sunshine Coast regional districts. He said he found general agreement with the idea that there should be an integrity commissioner to address some of the difficulties qRD and the other regional districts have experienced, and that it should be a shared position.

“It would mean the five regional boards would have to agree on the creation of such a position and appointing a person,” said Brabazon. “It would probably not be a local person in any of our communities. An outsider would be favourable.”

Brabazon said he was seeking agreement of the qRD board that it should continue to discuss the matter with the other regional districts with the view of proceeding.

Disputes and decisions

City director George Doubt said the idea is reasonable. He said one condition would be that all directors of the regional board would have to sign an agreement that they would abide by decisions.

“The other point I’d like to make is I don’t think it’s necessary to hire a person,” said Doubt. “Where there is a dispute mechanism there could be an arbitrator or commissioner who is named that all of those regional districts could call on. It’s worth exploring with other regional districts.”

Brabazon said he wasn’t indicating that someone should be hired, but that it should be a shared position, probably on a retainer. He said it would be subject to all discussions among the regional districts.

Electoral Area E director Andrew Fall said having a person identified when something comes up is good and would clarify and formalize the process. Fall asked if a report would be coming back to the board.

Brabazon said if the initiative moves forward, after every discussion, there would be a report coming back to the board’s committee of the whole.

Electoral Area B director Mark Gisborne said he recalled there was a resolution at UBCM requesting the provincial government create an independent office of integrity for local government.

“That would take the onus off local governments from funding,” said Gisborne. “I support that model for a fully independent office of integrity for local governments.

“My first concern would be if the regional district hires an independent office of integrity, who do they ultimately report to? Do they report to the regional district? Do they report to the province? To whom are they accountable? If a ruling comes back that the majority of the board doesn’t like, how does that impact their independence?”

Gisborne said another concern is a situation where one member of the assembly is being discriminated against. He asked if that individual would be able to go to the office of integrity and file a complaint.

Gisborne also asked if there was an estimate of cost.

Brabazon said the questions would be answered through the negotiations with the other regional districts. Within the qRD, they would establish what they want this person to do, he added.

“The template is all well established by other local governments that have adopted this position,” said Brabazon. “We are not hiring anybody. We would be negotiating the position with somebody who would not be in Powell River, qathet or any other of the regional districts, who would be available to resolve issues that come before the board that the board cannot resolve internally.

“With regard to the cost, that is subject of discussion.”

Electoral Area D director Sandy McCormick said she also had concerns about cost, but if the matter before the board was talking to other regional districts, she had no problem with that.

Brabazon’s motion carried.