qathet Regional District board censures director

qathet Regional District board has voted to censure Electoral Area B director Mark Gisborne for comments made during a meeting last year.

At the April 30 regional board meeting, directors passed a resolution indicating the board disapproves of Gisborne’s conduct toward a delegate and his comments at a committee of the whole meeting on December 12, 2019. The resolution also stated that Gisborne be directed to treat all individuals who appear before the board in a respectful and professional manner, and that he be directed to ensure any comments he makes at board meetings are respectful and professional.

The censure resolution pertained to a delegation at a regional board meeting on November 28, where Kim Barton-Bridges, appearing as a delegate before the board, was offended by an exchange with Gisborne. At that 28 meeting, during discussion about a regional water study, Barton-Bridges took exception to questions from Gisborne, who asked about what qualifications she had and whether she was a hydrological engineer. At the December 12 meeting, correspondence from Barton-Bridges was reviewed; she requested a formal apology for the way she and her delegation were treated by Gisborne during the meeting.

“It is appropriate for the board to acknowledge that this behaviour is inappropriate and unacceptable,” stated Barton-Bridges.

At the April 30 meeting, board chair Patrick Brabazon asked Gisborne if he wanted to address any of the six items specified in the resolution of censure and sanction options before the board.

Gisborne said he had a number of issues and would like to take an opportunity as a director of the regional board to express his concerns, which he had also wished to express at the March board meeting.

Brabazon said the board was dealing with items listed in the motion of censure and that was all.

“That’s the only issue before this board tonight,” said Brabazon. “This is your chance to point out that any of these are wrong.”

Chief administrative officer Al Radke said if there is anything Gisborne regards as procedurally unfair, the Area B director would do that outside of the boardroom, so Gisborne could enlist his counsel to advise the board of where the procedural unfairness stems from.

Gisborne said there has been no third-party investigation. He said there has been significant discussion among board members both in and out of meetings about this issue.

“All members of board have entered this meeting with their minds already made up,” said Gisborne. “Therefore, I don’t believe I’ve been afforded the opportunity of an impartial hearing.”

Gisborne said at the December regional board meeting, the board asked for a report from staff. He said he was wondering where that report is.

“I want to have a copy of that report, wherever it is, if it exists, so that I can share it with my legal counsel,” said Gisborne.

He cited a legal case, Barnett v. Cariboo Regional District (CRD), where Barnett, a regional director, was the subject of a resolution of censure. Gisborne said the regional district produced a staff report in consultation with legal counsel regarding the conduct of Barnett. He added that Barnett requested a copy of this report to consult with his own legal counsel.

“The CRD did not provide him with a copy of the staff report,” said Gisborne. “Failure to provide Barnett with this information was part of the justification where honorable justice McKinnon [in the court case] ruled in favour of Barnett against the regional district.”

Gisborne said the board’s procedure bylaw has not been followed. He said he has not been given information he has requested.

“I have a lot of problems with how this has been handled,” said Gisborne. “I’m not being allowed to respond to the allegations made against me. Am I allowed to speak to those allegations?”

Brabazon said Gisborne has been privy to all public communications regarding this matter.

“I doubt that you do not have a document that the rest of us have seen,” said Brabazon. “There are no missing documents.”

Gisborne asked if he was able to share in-camera documents with his legal counsel. Corporate officer Michelle Jones said in-camera information is for discussion during in-camera meetings.

Brabazon said the answer to the question was no, unless the board releases the information.

Gisborne said this infringes on his right for fair process.

Brabazon told Gisborne the board was dealing with a very simple matter.

“I suggest that if we just accept the fact that in the opinion of the board, if this motion passes, if you just accept the fact that in the opinion of the board you have erred, we can all move on,” said Brabazon. “The board is your peer body and it’s the board that will decide whether or not if somebody has erred. I suggest to you that this motion of censure does not go overboard. If you just accept that, we can move on.”

City director George Doubt said he was present at the meeting that was being discussed, he heard the comments and saw the various communications that went back and forth, and he thought it was offensive behaviour.

“It’s worthy of the censure of the board,” said Doubt. “The action is measured and straightforward. It’s not excessive. It expresses what I think may be the board’s majority opinion.”

The regional board passed the motion of censure with Gisborne and Area E director Andrew Fall opposed.