WALSH – Mayor Reid Hamer-Jackson deserves to be told what’s going on

WHY DID ACTING CAO Byron McCorkell inform the media and not the mayor about an issue directly involving City council?

Especially given his regular position as community and protective services director, McCorkell must have been aware of the mayor’s Sept. 5 notice of motion to find ways and means to help street-entrenched people get back home.

When the motion came up for consideration Sept. 12, the mayor asked that it be postponed due to comments by McCorkell to a reporter that provincial and federal funding were no longer available for Hamer-Jackson’s proposal.

“I’m sorry if you didn’t know that,” McCorkell told him.

What a clumsy blindside! Why didn’t he tell the mayor about this sometime during the intervening week? Why tell Castanet and not the mayor?

B.C.’s Community Charter stipulates that part of the role of CAO, “acting” or otherwise, is “advising and informing the council on the operation and affairs of the municipality.”

Presumably, “council” includes the mayor. Withholding or delaying information directly relevant to an upcoming vote needlessly wasted council, staff and administrative time — an irresponsible and inefficient use of taxpayers’ money.

The mayor has to contend with a council that’s openly aligned against him. Now, even senior administrators at City Hall seem to be adding to this hostile work environment.

You’d think after CAO David Trawin and McCorkell miscalculated the Community Service Officer job changes, a bad decision which will likely cost taxpayers $millions, they’d now want to be seen as better communicators.

But Mr. Trawin still seems to be wringing his hands instead of performing due diligence to determine how confidential information from closed council meetings is getting to the media.

He said, “We can do audits on computers and it’s up to council to decide whether they want to do the investigation, but there’s only so much you can do.”

No. It’s not up to City council to decide whether the municipal corporation should obey the law or not. Challenging provincial open-use drug laws is possibly justifiable; disobeying a statute that protects an individual’s privacy rights is not.

Mr. Trawin must know that the Freedom of Information and Protection of Privacy Act (FIPPA) requires a “thorough investigation” if a leak of confidential information can result in “significant harm,” which includes “humiliation (associated with the loss of information such as medical records, disciplinary records)” and “damage to reputation or relationship.”

I think we can all agree that the release of the harassment report and other leaks resulted in humiliation and damage to the mayor’s reputation.

FIPPA requires the City to thoroughly investigate both the breach and “the cause of the breach.” The Act goes on to say, “This could require a security audit of both physical and technical security.”

If, as Mr. Trawin said, the corporation of the City of Kamloops isn’t capable of properly investigating the leaks, then FIPPA allows him to call for a police investigation. If he doesn’t want to do that, then FIPPA is clear: somehow, a “thorough investigation” must occur, even if B.C.’s Privacy Office has to do it.

The Act gives the Office of the Information and Privacy Commissioner (OIPC) the authority to “investigate and attempt to resolve complaints when a duty imposed by FIPPA or the regulations, including an adequate search, has not been performed.”

This is especially applicable given the nature of the confidentiality leaks.

The Act is a concise, mandatory policy which says, “Public bodies must notify the Commissioner if a breach could reasonably be expected to result in significant harm to the individual.” Not “may.” Not “shall.” “Must.”

Every leak to media so far this term has resulted in harm to the mayor:

• The BC Housing email leak accusing the mayor of approaching a homeless facility “unannounced” even though two councillors also attended, and which was not trespass anyway, as nobody attempted to enter the gate;
• The security parking location leak based on third-hand hearsay in which the mayor was alleged to be using his influence regarding where security vehicles park on West Victoria Street. This was investigated (quite thoroughly!) and concluded to be nothing;
• The standing committee leak, which was immediately followed by the eight councillors’ “Statement to Media” denigrating the mayor;
• The harassment report leak that some local media have in full although the mayor is not allowed to have a copy.

“Significant harm” is a serious legal issue. Given the circumstances of recurring leaks plus the egregious nature of the most recent leak, the privacy commissioner’s office is involved, like it or not.

According to the Community Charter, the mayor is the CEO. If you don’t like your boss, you can quit. What you don’t do is neglect your duty toward the corporation. We taxpayers depend on our City’s senior administrators to perform due diligence. If they don’t, we all pay.

How much better for council and the community if our senior administrators chose to lead City Hall toward some form of reconciliation, so that we can all move forward with unity and purpose over the next three years.

The mayor seems to be trying. “You guys don’t have to like me,” he told councillors at a public meeting this past spring, “but it should be a team of 9 not 8. Moving forward…maybe we could try to work a little better together as 9.”

I hope so, too.

Denis Walsh is a former three-term Kamloops City councillor. He chose not to run again in 2022, convinced that City councillors should step aside after a maximum of three terms to allow others to serve and to experience being on the “outside looking in.”