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By rdnewsNOW Staff

Accepting Corporate donations during ele

Second Code of Conduct investigation this year against Red Deer city councillor finds breach

Jul 24, 2023 | 7:19 PM

Another Red Deer city councillor has been found in breach of the Code of Conduct Bylaw; the second this year.

The investigation concluded at Monday’s regular meeting that Councillor Cindy Jefferies breached Section 7.1 of the bylaw for accepting corporate donations during her 2021 election campaign.

The City says all other alleged breaches set out in the complaint were determined to be unfounded.

The formal complaint submitted by a member of the public this June made allegations of breach in the areas of:

• Section 4.1 (d): arrange their private affairs and conduct themselves in a manner that promotes public confidence.
• Section 4.1 (a): Members shall act honestly and, in good faith, serve the welfare and interests of the Municipality as a whole.
• Section 5.4: No Member shall make a statement when they know that statement is false.
• Section 5.5: No Member shall make a statement with the intent to mislead Council or members of the public.
• Section 7.1: Members shall uphold the law established by the Parliament of Canada and the Legislature of Alberta and the bylaws, policies and procedures adopted by Council.
• Section 10.1: Members have a statutory duty to comply with the pecuniary interest provisions set out in Part 5, Division 6 of the Act and a corresponding duty to vote unless required or permitted to abstain under the Act or another enactment.

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Shortly after the complaint was received by Mayor Ken Johnston, officials say a review committee comprised of the Mayor, Councillor Bruce Buruma and Councillor Kraymer Barnstable reviewed the complaint and recommended, due to the limited scope and complexity of the complaint, that council investigate internally.

This is the first internal investigation for council and, therefore, no costs are associated with the complaint.

READ: Red Deer city council holds first internal Code of Conduct Bylaw investigation

The investigation took place during a closed Special Meeting on July 18 with all of council present except for Councillor Jefferies, who recused herself from these proceedings, and Councillor Barnstable who was absent.

The allegations put forward by the complainant and associated investigative findings include:

• Allegation (Founded): Councillor Jefferies accepted corporate donations for her campaign during the 2021 election, breaching Section 7.1.
  • Councillor Jefferies breached Section 7.1 of the Bylaw by accepting two corporate donations during her municipal election campaign, in violation of section 147.2(1) of the Local Authorities Election Act.The Investigation Report discloses that a full investigation into the donations was previously conducted by Elections Alberta. In January 2023, the Chief Electoral Officer concluded that Jefferies had contravened the Act, but that no penalty or reprimand would be imposed, as doing so, in this case would not serve the public interest for a number of reasons.

    In their Investigation Report, council states that because the matter was adjudicated by the appropriate provincial body no further actions or sanctions would be required by council in relation to the same donations.

• Allegation (Unfounded): Councillor Jefferies knowingly posted false or misleading information about the donations on Facebook, breaching Section 5.4 and Section 5.5.
  • This allegation was determined to be unfounded. Council was not satisfied there was evidence to show that Jefferies knowingly made statements she knew to be false or misleading.
• Allegation (Unfounded): As a past member of Safe Harbour Society Board of Directors, Councillor Jefferies should not have been involved in shelter conversations at council table, breaching Section 4.1 (a), Section 4.1 (d) and Section 10.1.
  • All allegations related to Safe Harbour board membership were determined to be unfounded. Councillor Jefferies resigned from her position as soon as she was elected, she was never employed by Safe Harbour, nor did she or her family receive any monetary benefit from her board role. Councilors are not required to disclose past or current community service positions, nor did Jefferies past involvement on the board bias her decisions as a councillor.

“Moving forward, we want to make a point of cautioning all candidates, past and future, to make sure they understand all municipal, provincial and federal laws when it comes to campaigns, and being an elected member of our Council,” said Mayor Johnston. “City council implemented the Code of Conduct Bylaw in 2019 to ensure good governance that is in the best interest of the organization and our community. Through our Code of Conduct Bylaw, expectations are outlined for how we conduct ourselves as we carry out our duties and responsibilities.”

This is the second Code of Conduct investigation this year for a city councillor. Councillor Kraymer Barnstable was accused of six breaches of the Council Code of Conduct this past March but after an independent investigation, was found to be in contravention of the Code on two counts, with the other four alleged breaches determined to be unfounded.

READ: Code of Conduct investigation closes on Red Deer city councillor

For more information, visit www.reddeer.ca/CouncilConduct.

The City states the Investigation Report will be posted to the website later this week once Freedom of Information and Protection of Privacy Act (FOIP) redactions have been made.