On June 11, 2019 Rocky View County Council voted to sanction councillors Kevin Hanson, Crystal Kissel, and Samanntha Wright for providing privileged County legal information to unauthorized parties, and for disrespectful and discourteous communication. The action was taken under the Council Code of Conduct Bylaw, which all councillors — including those sanctioned — agreed to uphold.
Frequently Asked Questions
- What is a Code of Conduct?
A code of conduct is a document that Council creates to ensure respectful interaction and appropriate behaviour.
A Code of Conduct Bylaw is a requirement of the Municipal Government Act, and Rocky View County’s bylaw was passed by Council unanimously in 2018.
- Are councillors required to abide by the Code of Conduct?
Yes. The rules implemented in a Code of Conduct have been debated and agreed upon by Council. All councillors are bound by the Code of Conduct.
- Who determines if a councillor has breached the Code of Conduct?
Council does not determine whether there was misconduct. If a complaint is made it is sent to an outside third party to determine if there is or was actual misconduct. Rocky View County Council has passed a resolution to appoint Reynolds Mirth Richards Farmer as the legal firm directly responsible for misconduct investigations.
- If misconduct is found, who determines sanctions?
If the third-party investigator finds misconduct under the terms of the Code of Conduct Bylaw, Council would apply sanctions that they deem appropriate, depending on the seriousness and severity of the misconduct.
- Why have the three councillors been sanctioned?
The three councillors were sanctioned by Council for releasing confidential information. Councillors must trust that matters discussed in private stay confidential, and a violation of this trust is a serious matter.
Section 153 of the Municipal Government Act states that one of a councillor’s duties is “to keep in confidence matters discussed in private,” and “to adhere to the Code of Conduct established by Council.”
The three councillors were also sanctioned for the language of a public written communication. Councillors are free to express their ideas and opinions. However, under the Code of Conduct any public communication is required to be professional and respectful.
- Is sanctioning a councillor legal?
Yes. Section 146 of the Municipal Government Act mandates the requirement of creating and implementing a Code of Conduct, and Alberta Regulations 200/2017 outline specifically Council’s sanctioning authority.
Rocky View County’s sanctions were fully vetted by legal counsel prior to their implementation and they fall squarely into the authority granted to Council.
- Can Council fire a councillor?
No. The Municipal Government Act has very strict guidelines on how a councillor may be removed from office. Typically that can only be done through the Court of Queen’s Bench.
- What were the sanctions?
Sanction actions are never taken lightly. Council views them as a last resort in ongoing efforts to re-establish appropriate relationships among all councillors. Council made the decision to impose sanctions against the three councillors after much consideration.
The three sanctioned councillors were removed from County boards and committees, with a reduction in pay to reflect the reduced workload.
The remaining councillors have picked up the sanctioned councillors’ workload, and although their responsibilities have increased they are not receiving increases in their pay.
- Can the sanctioned councillors still represent their Division?
Yes. Nothing in the sanctions precludes the councillors from performing their duties as a councillor. They participate in Council meetings both in debate and by voting; in the creation or amendment of policy; in the budget process; and in all other matters that may come before Council in a Council meeting.
- Do councillors only represent their Division?
No. Section 153 of the Municipal Government Act states clearly that councillors must “consider the welfare and interests of the municipality as a whole.” Although councillors are elected in a Division, their responsibility lays with the representation of the public interest across the municipality. It is acceptable and encouraged for councillors to think outside of their own Division.
- Can the sanctioned councillors speak with residents?
Yes. There is nothing preventing any councillor from meeting, emailing, phoning, texting, mailing, speaking to, or in any other way communicating with residents.
- Can the sanctioned councillors deal with individual resident concerns?
Yes. Council has made it possible for the sanctioned councillors to bring their individual resident concerns either to an open Council meeting or by passing their concerns on to the Reeve or Deputy Reeve who will pass those concerns to Administration.
Residents may contact their Division councillor, but they can also contact any other Rocky View County councillor if they prefer. All councillors are committed to representing all Rocky View County residents.
- The sanctioned councillors have been removed from Boards and Committees. Are residents no longer represented if a Division councillor does not sit on a Board or Committee?
All residents are represented by any councillor who sits on any Board or Committee. It is not unusual to have Boards or Committees where not all councillors sit. For example, the Agricultural Service Board has three Council representatives, and the Enforcement Appeal Committee only one. Those councillors who are appointed represent all Rocky View County residents.
- Can the sanctioned councillors receive County information?
Yes. As required by the Municipal Government Act, any information from the County is available to all councillors, including reports, memos, correspondence, emails, etc.
- Why does it seem some councillors are always on the losing side of resolutions and votes? Is that fair?
Our system of democracy is based upon the will of the majority, not upon the will of the minority. Effective councillors will work with other councillors to promote their goals and vision. They will gain consensus with their fellow councillors, which leads to success in having their motions and resolutions passed.
- Are the sanctioned councillors allowed to enter the Rocky View County office?
Yes. The sanctioned councillors have the same access to the Rocky View County facility as any other councillor.
- Do administrative staff work for Council?
No. Council has only one employee and that is the Chief Administrative Officer (CAO). The CAO is the administrative head of the municipality and all staff report to that person, not to Council or to any councillor.
- Are councillors supposed to have access to staff?
Generally speaking, no councillor has a reason to speak to staff on a daily basis, and no councillor may direct staff to do anything. The sanctioned councillors have complete access to question staff during Council meetings. Sanctioned councillors, through the Reeve, can forward any resident concern to staff for items that require immediate attention.
- Who determines whether the conduct of the CAO is proper?
The CAO works directly for Council. The performance of the CAO in his/her duties is evaluated by Council, and Council determines whether the performance of his/her duties is acceptable. The current CAO had a six-month performance evaluation completed in June of 2019, and overall Council was very pleased with his performance.
- Is Council pleased generally with the quality of the Rocky View County staff?
Yes. Rocky View County Council is very pleased with the quality of the staff that work for the County. Council feels they are blessed with great people who care immensely about Rocky View County. Statements made by a councillor contrary to this are their personal opinions, not the opinion of Council.
- The sanctioned councillors have launched a lawsuit against the County. Who is paying for their costs?
The sanctioned councillors have refused to accept the sanctions as placed on them through the Code of Conduct bylaw or to take steps to regain the trust of their colleagues. They have instead decided to fight the sanctions in court. As this is an action they have taken against the County, they are responsible for their own costs. The County’s legal bill is not paid by residents, but instead through insurance that the County has for these types of legal issues.
- When will the sanctions end for the sanctioned councillors?
The sanctions are scheduled to end in October of 2020, however Council can end the sanctions earlier or extend the sanctions as Council deems appropriate.
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