Vancouver council defers vote on integrity commissioner's review
Akshay Kulkarni | CBC News | Posted: August 6, 2024 3:50 PM | Last Updated: September 25
Mayor Ken Sim blames email from Coun. Pete Fry for deferring vote, which could have suspended watchdog's work
UPDATE Sept. 25, 2024 — Vancouver councillors voted unanimously Wednesday to recess their special meeting on suspending the work of the city's integrity commissioner.
The meeting is now scheduled for April 9, 2025 at 1 p.m. PT.
ORIGINAL STORY:
Vancouver's mayor has deferred a vote on a motion to review the work of the city's integrity commissioner, which, if passed, would have temporarily suspended the ethics watchdog's ongoing work.
Mayor Ken Sim moved to defer Tuesday morning's special meeting until September, blaming an email he says was sent to all council members and senior city staff by Coun. Pete Fry.
Sim said the Green Party councillor's email on Monday stated that Fry had filed a complaint with the integrity commissioner against several councillors. This action, Sim said, violated the guidelines that require complaints to remain confidential.
"I have no choice but to recommend a recess for this meeting out of an abundance of caution until this break from established protocol is dealt with," Sim said at the meeting Tuesday.
Fry, however, contends that he did not breach confidentiality.
"This is simply a red herring to distract from the outrageous behaviour and bullying in the mayor's office," he said in a Tuesday statement.
"I did not share details or names or specifics – merely a general statement that I had filed over concerns about open meeting procedures."
Three opposition councillors, including Fry, did not attend the special meeting, saying there's no justification for Sim and his ABC Party councillors to rush into suspending integrity commissioner Lisa Southern's work. Two ABC councillors were absent.
"We don't want to make it easier for the mayor to pass his agenda," Fry said in an interview with CBC's The Early Edition before Tuesday's meeting.
Critics have claimed the suspension of the commissioner's work would have a chilling effect on democracy in B.C.'s biggest city, and temporarily remove an avenue for public oversight of elected officials.
Councillors from the ruling ABC Party, including Brian Montague and Lenny Zhou, have said a third-party review would clarify the powers of Southern's office in dealing with complaints against elected officials.
Proponents claim the review follows from the commissioner's own request in her annual report from 2023 to modify the scope of the office's work through a bylaw amendment.
The report says council's intention behind establishing the integrity commissioner's office in 2021 was to scrutinize the ethical conduct of elected officials, and not to scrutinize political or policy decisions.
It recommends that council amend bylaws to ensure that intention was clear.
"[The integrity commissioner] didn't fully comprehend or recognize what the scope of the office was," ABC Coun. Brian Montague told Stephen Quinn, host of CBC's The Early Edition, on Monday.
"I thought that was a fairly major issue that was raised by them, one that wasn't easily addressed by a simple amendment ... I thought that the best way to do that was through a third-party review," Montague added, saying the freeze on the commissioner's work would last two months, at most.
WATCH | ABC Coun. Brian Montague explains motion to review integrity commissioner:
But Fry said Monday he disagrees with ABC's suggestion that the integrity commissioner is unaware of the scope of their work.
He says the commissioner's intention with the report was to make the office's role clearer to the public — and the apparent urgency of Tuesday's motion, in the last council meeting before summer break, raises questions about why ABC councillors are moving quickly to freeze the watchdog's work.
"To suspend ongoing investigations, I think that's a whole other level that nobody had anticipated," Fry said.
WATCH | Greens' Pete Fry slams integrity commissioner motion:
2 complaints revealed in recent days
The vote comes after two code-of-conduct complaints heard by the commissioner were released in the last week, both of which involved Park Board commissioner Brennan Bastyovanszky.
The first alleged that Mayor Ken Sim had exerted undue influence and lobbied other park board commissioners to remove Bastyovanszky as vice-chair of the elected body.
In that case, Southern found Sim was not acting in his capacity as mayor when the alleged incidents occurred, and dismissed Bastyovanszky's complaint.
But Bastyovanszky alleges the investigation shows a "pattern of harassment and intimidation" from the mayor's office toward him and attempts to gain control of park board decisions.
The second involved Sim's chief of staff Trevor Ford and senior adviser David Grewal, who allege that Bastyovanszky and fellow commissioner Scott Jensen had contravened the city's code of conduct.
Ford and Grewal claimed Jensen surreptitiously recorded two phone calls, one of which involved Ford and Grewal telling him to support the mayor's choice for park board chair.
Jensen then shared the recordings with Bastyovanszky. Ford and Grewal alleged this contravened bylaws relating to a respectful workplace.
Southern also dismissed this complaint, saying Ford and Grewal could not have had an expectation of privacy during the calls.
Ford says the fact he was involved in both complaints — the first as a witness — shows there is a loophole in the integrity commissioner's work, which should primarily concern elected officials.
He says he supports the motion for a third-party review of the watchdog's work.
"If there's a problem with airplane jets, you know, they typically ground the fleet to review before they keep flying," he said.
But Bastyovanszky — who was an ABC party member before he was removed after disagreeing with Sim's decision to dissolve the park board — says the move to review the integrity commissioner's work, and the consequent suspension of that work, shows Sim and his council are mostly concerned with politicking and not with running the city.
"I think that it would undermine public confidence if that was shut down," he said. "I think that the councillors that voted and supported it will end up losing the trust of the public as a result."
WATCH | Bastyovanzsky responds to Sim's dissolution of park board: