Municipal councils, not province, should look after discipline, minister says

Disputes in Grand Lake and Strait Shores that led to councillor sanctions and suspension raise a question about the province's role: Can it do anything to help New Brunswick's newest communities keep the peace?

This isn't exactly the province's responsibility, according to Local Government Minister Aaron Kennedy, who says the disagreements that have caused some turmoil are just part of democracy.  

Municipalities, all with codes of conduct, have the power to make decisions they deem best for local government and the people they represent, Kennedy said in an interview.

"And I think that's where those decisions should be made," Kennedy said. "I don't think local governments want me as the minister meddling in their affairs, that they would be much more eager to make those decisions on their own."

Although the process isn't uniform, each follows steps in its bylaws to investigate and possibly sanction a councillor. Some municipalities will hire a lawyer to investigate for them, as happened in Strait Shores and Grand Lake.

If a councillor or member of the public is not satisfied, they can request the Local Governance Commission, an independent body, investigate. But the commission is not an appeal body but can do an investigation after a council's own investigation finishes. In some circumstances, the commission can suspend a council and impose a supervisor. 

A recent investigation into a suspended councillor in Strait Shores was questioned by experts because the councillor was disciplined before an investigation took place, and the sanctions imposed by council fell outside those outlined in the code of conduct.

Lyle Skinner, a constitutional lawyer, said in March that the Strait Shores example proves that the commission should be able to investigate code of conduct issues from the start, instead of having municipalities investigate first.

"It ensures procedural fairness," he said. "It ensures that any perception of bias or conflict of interest is also removed."

Councillor asks for more from department

In Grand Lake, Coun. Chanda Klassen was suspended for violating the code of conduct by going around council to conduct council business. But she said her case highlights a bigger problem: municipalities have not been given enough help from the province post-amalgamation. 

In 2023, the province slashed the number of local government entities from 340 to 77 municipalities and 12 rural districts. 

"We've been set adrift, basically 'Bon voyage, good luck,'" Klassen said. 

"We need a compass. We need some support, we need some checks and balances and some benchmarks. And if a municipality is struggling, then I think you have to have some remedial help getting your roles defined and getting your bylaws in order."

"There should be supports from the province, there should be clear expectations and lots of guidance and support offered to municipalities for helping us to succeed," Klassen said. 

On the other side of that dispute, Grand Lake Mayor Kevin Nicklin agreed on the need for more help from the Department of Local Government. 

Nicklin said this was the first time he's had to deal with a code of conduct complaint and sought help from the province. 

"We're looking for guidance, and they keep referring us back to our lawyer for the most part," Nicklin said. 

Kennedy said his department is "always there to help municipalities" and will respond to calls.

But when it comes to asking for help interpreting code of conduct violations, Kennedy was clear.

"I don't think it's the department's job," he said.

"It's certainly not the department's job to provide legal advice to municipal government. They've created their code of conduct bylaws. It's up to them to administer it."

This is democracy, Kennedy says

Kennedy said councillors are often elected with differing views, but this is what democracy is about.

"But ultimately, although I know it's challenging, it's difficult when one has to pass judgment on another member of their council or our teammate, so to speak," he said.

"But I think it's important that that happens at that level rather than centrally in Fredericton."

When asked if codes of conduct have enough guardrails to make sure investigations are done properly, Kennedy said it's up to the councils themselves to decide that.

"I have full trust and confidence in the locally elected mayors and councillors in New Brunswick that they will make those decisions, and they will make them after due consideration of the evidence that's put before them," Kennedy said.

In Strait Shores, the sanctioned councillor, Andy MacGregor, has alleged that his colleagues had "weaponized" the code of conduct to get rid of him after he sought to bring more transparency to council.

Kennedy acknowledged that investigating a colleague is not easy.

"Nobody really signs up for that, but it comes with the position."

When asked what training is available, Kennedy said there is information on the department's website outlining expectations, time involvement and what the responsibilities of councillors are.

Some councillors come into the role thinking "they're going to run the municipality," he said, or they don't understand the different responsibilities of councillors and municipal staff, including the chief administrative officer.

In an earlier interview, Dan Murphy, executive director of the Union of Municipalities of New Brunswick, said some municipalities need more training than what the department offers.

"There's all kinds of things that we could do that would just help our councils and our staff be better prepared," Murphy said. 

Kennedy points to Quispamsis example

Kennedy, the former CAO of Quispamsis, said witnessing how that council suspended the mayor in 2019 over a scandal, proves other councils handle similar problems.

Then-mayor Gary Clark was suspended without pay after an investigation found he ducked an important meeting claiming to be checking in on a sick relative in hospital but was actually at the local swimming pool and had gained access using a false name.

"They accepted the challenge, which was stressful and challenging and awkward to investigate their own mayor, but they realized that it was a serious allegation," Kennedy said of the councillors in the southern New Brunswick town.

But as for dysfunctional councils, Kennedy said that elections next year will give voters a chance to have their say. 

"That's how democracy works and we're all subject to accountability to the people who have elected us," Kennedy said. 

"I will face that same accountability process in the fall of 2028."