A decision by Rocky View County (RVC) council on amendments to its Code of Conduct Bylaw was delayed after a motion to consider the bylaw for third reading failed to receive unanimous support.
Those opposed to the amendments, which modify how complaints should be made against councillors, argued the changes were a step away from transparency by essentially making council, in the words of Coun. Samanntha Wright, its own “judge and jury.”
“How this accomplishes [transparency or accountability] is completely beyond me,” she said.
The amendments were debated during a regular council meeting Feb. 11. According to municipal clerk Charlotte Satink, under the original bylaw, any person who witnessed conduct contrary to the bylaw was empowered to pursue either a formal or informal complaint. The amendments remove that ability, allowing only members of council to launch a complaint.
If the amendments are approved, a new section would also be added outlining how the public can address breaches of the code of conduct. In order for a member of the public to make a complaint, the amendments would require an identifiable individual to sign and date a detailed description of the facts giving rise to their concern, and deliver it to either the reeve or deputy reeve. In effect, the amendments remove the ability of the public to directly access the investigator appointed to consider complaints, funnelling them through council first. Following a confidential session, council would then decide whether to forward the complaint to the investigator, resolve the issue informally or take no action.
According to Satink, the amendments are intended to involve council more in the “vetting or screening” of complaints. Data shared by the County’s investigator, Sean Ward of Reynolds Mirth Richards and Farmer, indicate eight formal complaints have been filed against members of council – four from fellow councillors and four from the public – amounting to approximately $15,000 in legal costs.
Of those eight complaints, four have resulted in sanctions. Couns. Kevin Hanson, Samanntha Wright and Crystal Kissel were sanctioned for breaches in June 2019 that stemmed from complaints by Reeve Greg Boehlke and Deputy Reeve Al Schule. More recently, Coun. Jerry Gautreau was sanctioned in January after a complaint from the public.
First and second reading of the bylaw were carried 6-3, with Couns. Kevin Hanson, Crystal Kissel and Wright voting opposed. The three then opposed proceeding to third reading, which must be granted unanimously in order for all three readings to occur at the same meeting.
A decision on the amendments will now be pushed to council’s next meeting on Feb. 25.
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