Most of you have heard by now that the City’s Ethics Commissioner ruled on a complaint about my participation at the Local Climate Action Summit and COP28 last year. Our (New! Updated!) Code of Conduct process requires Council to receive and consider the ruling, and any suggested remedies. That happened in Council today, and I have been reluctant to write too much about this before Council completed that process today.
If you want all the lengthy details, there is a long report on the complaint here, including all of the spaghetti-at-the-wall complaints that were dismissed by the Commissioner.
A summary report from the Ethics Commissioner here outlines the issue that was the subject of the investigation.
And a link to my formal response (written to the EC and Council) here.
The short version in that response covers all I need to say to the process. Our Code process allows the option for me to attend the Special Council meeting and plead my case, but I don’t see that as a useful way to spend Council or the Commissioners time when I fully agree with the findings and recommendation (I have nothing the “plead”). I think the brief response makes that clear, and better for Council to deliberate on that report without me staring them down or seen to be putting my finger on the scale. That said, now that is over, I can expand on that brief response and talk to the community about process and what I see as some initial learnings may be.
First off, I do think it is important to apologize for getting us all involved in this process, and I am disappointed that the adjudication process makes it difficult to do so before now. I honestly had no suspicion that my actions constituted a breach of Section 105, and (as the Ethics Commissioner clearly states in her findings) there was no reason for me to doubt the soundness of the advice that I had received. Still, no-one but me holds the responsibility for my actions, and for the downstream results of them. There was a breach of the Charter, and good faith or not it has been an un-needed distraction from the important work we are doing, and need to continue to do, on climate action. I take responsibility and apologize for that.
It is important to clarify where the breach occurred, because it is not clear in most of the reporting around this issue. The Commissioner determined that there was no problem with the City’s participation in the Local Climate Action Summit or COP28, with the way I communicated about this event with staff, Council, or the public, or with the travel itself. The commissioner found that I acted in good faith with the motivation to further Council’s stated goals relating to climate action, and that my participation was consistent with the duties that accompany the office Mayor.
Even the receiving the benefit of the participation in COP28 was determined to be “received as an incident of the social obligations that accompany the office of Mayor and consistent with his duties” and therefore not a breach of Section 105, which is consistent with the legal advice I received from counsel at the time. However, it was the “luxury” nature of the travel – that being Business Class travel and what is being interpreted as a luxury hotel – was not consistent with these duties, and that part of it constituted a breach of Section 105.
This is definitely a nuanced legal interpretation, and I leave it to the lawyers to debate that. I appreciate the Commissioner’s recommendation that coaching be offered on this, and I’m sure it will be in interesting conversation as the detail is all in how one interprets the sections of the Charter, not the language of the Charter itself. As I mentioned in my response to the Commissioner, a request for coaching on Section 105 was adopted by Council back in January. Now that this review is behind us, we can get on with that.
Finally, I do commend the Ethics Commissioner for the thoroughness of her work, and to staff and counsel who helped Council develop this (New! Updated!) Code of Conduct process. I can’t claim to be happy that I am the “respondent” to the first complaint to make it to this resolution stage, but I am proud that we have a process that brings procedural fairness, transparency, and arms-length review. When we see how Codes of Conduct and ECs are facing challenges around the province, I am happy New Westminster is once again showing leadership. I might further argue that these processes would operate better, and would build more public confidence, if they were led consistently by a Provincial body, and not by local Councils, but I also know we are not a City that shrinks away from doing important work because it is “someone else’s job”.
That includes Climate Action. As COP29 starts next week in Baku, there is no Local Climate Action Summit component, with the LGMA mandate being fulfilled through the CHAMP process that was ultimately the product of LCAS at COP28. We will have some better idea about the success of this model when Belém hosts COP30 next year. Until then, Local communities will still be leading the way in direct climate action, in empowering youth to take power over their future, and in addressing the impacts of a disrupted climate.