(rdnewsNOW file photo)

By rdnewsNOW Staff

Two bylaw breaches

Code of Conduct investigation closes on Red Deer city councillor

May 16, 2023 | 9:33 AM

Red Deer City Councillor Kraymer Barnstable was found in breach of city council’s Code of Conduct Bylaw on two accounts.

At their regular meeting on Monday held in-camera, councillor Barnstable, by a vote of 5-2, was found in breach of the Bylaw with two of six allegations founded.

Stemming from a complaint received by city council in March 2023, an independent investigation was held, with council accepting the findings of the report.

Officials say all municipalities in Alberta are required by the Municipal Government Act (MGA) to have a Code of Conduct Bylaw that sets shared expectations for conduct or behaviour. The bylaw outlines how members should conduct themselves while carrying out their responsibilities and establishes a review and investigation process when a complaint is received. The City of Red Deer passed its Code of Conduct Bylaw on July 23, 2018.

The City says the formal Code of Conduct complaint was submitted by a member of the public who made six allegations of breach of the bylaw, specifically in the areas of:

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• Section 4: Representing the Municipality
• Section 7: Adherence to Policies, Procedures and Bylaws
• Section 8: Respectful Interactions with Council Members, Staff, the Public and Others
• Section 9: Confidential Information
• Section 11: Improper Use of Influence
• Section 20: Compliance and Enforcement

They say a review committee of three council members then reviewed the complaint and determined it should proceed to formal investigation. Council directed the hiring of Veritas Solutions, an independent third-party consultant, to investigate and report back to them. The City says Veritas Solutions conducted interviews and thoroughly investigated the complaint.

They state the findings concluded four of the six allegations were unfounded, and two were founded with Councillor Barnstable breaching seven sections in the Bylaw:

1. Allegation (Unfounded): Barnstable breached the Red Deer Council Code of Conduct Bylaw when he posed for a photo with Shaun Hamm and Artur Pawlowski, that was posted on Facebook in November 2022.Barnstable claimed that she was stalking him, in a Facebook post he made in response to an April 3, 2023, article in the Red Deer Advocate, “City Councillor at event featuring controversial pastor”, contrary to the Red Deer Council Code of Conduct Bylaw.
2. Allegation (Unfounded): On February 18, 2023, Barnstable publicly “liked” a Facebook post posted by Shawn Hamm who attended an event in Calgary featuring Christine Anderson, a member of the Alternative for Germany Party, and a member of the European Parliament, contrary to the Red Deer Council Code of Conduct Bylaw.
3. Allegation (Founded): On February 1, 2023, Barnstable publicly discussed confidential information during a conversation in public, contrary to the Red Deer Council Code of Conduct Bylaw.
4. Allegation (Founded): On June 22, 2022, Barnstable posted misinformation and his expressed opposition to an event for children (Drag Queen Storytime) at the Red Deer Public Library on Facebook, contrary to the Red Deer Council Code of Conduct Bylaw.
5. Allegation (Unfounded): On May 9, 2022, Barnstable read a portion of a religious, self-published children’s book, written by his mother, and illustrated by his wife at the Glendale Science and Technology School during Education Week, to a class of grade 1 and grade 3 students, contrary to the Red Deer Council Code of Conduct Bylaw.
6. Allegation (Unfounded): Barnstable failed to delete his Twitter account upon his election to Council that contained a tweet posted in 2013 that denigrated homeless people and trans-gendered people, contrary to the Red Deer Council Code of Conduct Bylaw.

“City Council’s Code of Conduct Bylaw is about ensuring good governance that is in the best interest of the organization and our community. It is about accountability and transparency. As elected officials, we represent the views of our community, and through our Code of Conduct Bylaw, expectations are outlined for how we conduct ourselves as we carry out our duties and responsibilities,” said Mayor Ken Johnston.

Council acknowledged the following:

• Councillor Barnstable immediately and fully disclosed the breach of confidentiality to the Offices of the Mayor and City Manager (Allegation 3)
• Councillor Barnstable issued a public apology for his conduct (Allegation 3 & 4)

Council also imposed the following sanction as a result of the breach:

• Councillor Barnstable will complete City Manager-approved training in confidentiality, and diversity and inclusion with respect to the Alberta Human Rights Act by November 15, 2023.

Council also passed a resolution directing administration to schedule training for all members of council within the next six months, specifically focused on diversity and inclusion with respect to the Alberta Human Rights Act as well as training related to confidentiality.

The City say their news release is a high-level summary intended to outline key elements of the full report. They add the full Code of Conduct report prepared by Veritas Solutions will be released to the public after being reviewed for compliance with the Freedom of Information and Protection of Privacy (FOIP) Act.

They confirm costs related to the investigation are not yet fully known; however, upon public release of the full report, costs will be disclosed to the public.