Opposition questions Liberal candidate's leave loophole

The Opposition Progressive Conservatives are casting doubt on an interpretation of rules that allow former civil servant Susan Holt to run as a Liberal candidate in the upcoming election — and to keep collecting provincial tax dollars until the campaign starts.

They say Holt's switch to a political staff job in Premier Brian Gallant's office is not an opportunity that's available to any bureaucrat who'd like to run.

"Does what applies in this case — is it now a general practice? That's clearly not the case," said PC MLA Brian Macdonald. "If anyone wanted to do what this person has done in the civil service, could they do it today? The answer is no. They couldn't."

Macdonald also questions whether guidelines really allow Holt to continue to receive provincial top-up payments to her maternity leave ahead of the official election period in August.

That's the interpretation both Holt and a senior human-resources official put forward Thursday.

PC MLA rejects interpretation

"I reject it completely," Macdonald said in an interview, brandishing a copy of a seven-page government human resources policy on political activity by civil servants. "It is clearly not the case."

As a civil servant until last September, Holt would not have been able to run as a Liberal without resigning her officially non-partisan position.

But Gallant moved her into a politically unrestricted job in his office last September, a role for which the rules allow more flexibility. Macdonald says that's an opportunity clearly not available to all government employees.

On top of that, the province's policy AD-2192 says a non-restricted employee such as Holt "shall … obtain a leave of absence" from the head of their organization "before publicly announcing an intention to run."

But the policy also says the leave of absence "shall commence no later than the day on which the employee files the nomination papers with the returning officer." That deadline is 20 days before election day, during the official campaign period.

Fred Finn, the assistant deputy minister for human resources at the provincial Treasury Board, said that means Holt would have "obtained" the leave before winning the Liberal nomination in January, but the date for the leave to start would be the official filing day.

Holt is on maternity leave and is receiving the federal benefits that go with that. The province is also "topping up" that amount to the equivalent of 75 per cent of her regular salary, a policy that applies to all provincial employees on maternity leave.

"When the policy says my candidate leave applies, that's when the unpaid portion kicks in, so we're following Elections NB's policy on that," she said on Thursday.

Macdonald points out the policy also says a civil servant "may" get a leave of absence while "seeking nomination as a candidate."

It also lays out how a civil servant can return from their leave of absence if they don't win the nomination, so it clearly contemplates a leave of absence earlier than the campaign period.

"'Seeking nomination as a candidate.' That's what it says in black and white, right there," Macdonald said. "I don't see how there could be any other interpretation. … Okay, it doesn't say it starts immediately. I think that's pretty obvious."

Liberals stand by interpretation

Treasury Board minister Roger Melanson insisted on Friday that the government has interpreted the policy correctly. "The period of the [election] writ is when she needs to pull back," he said. "Definitely, based on the unrestricted position she's in now, she can run for office."

During a lengthy exchange at a legislative committee session Wednesday, Gallant told Macdonald that the arrangement was made because it's important that women are accommodated when they want to run for office.

Melanson repeated that argument Friday, pointing to Holt's private-sector and government experience and the need to get more women elected.

"We want to attract women of her calibre," he said. "Outside of the opposition, the Conservative party, people would recognize what she's got to offer."

But the PC MLA says Holt's arrangement goes against the principle of the policy on political activity by civil servants, which says it is designed to preserve "the public trust" people have in government.

"Members of the public must be assured their political affiliation is not a consideration in any dealings they may have with public servants," the document says.

"The intent of these policies is to prevent people from politicizing the civil service. And that is exactly what has happened in this case," Macdonald says.

"This is about nothing but the premier's manipulation of the rules to benefit his own political aims. That's what it's about."