PEI

More transparency needed around P.E.I. code of conduct violations, federation says

The Federation of P.E.I. Municipalities says changes should be made to balance privacy and the public's right to know when it comes to people violating municipal code of conduct regulations. 

'At the end of the day, as an elected official, you have certain responsibilities'

Man wears blue shirt and stands in front of banner that says 'Federation of Prince Edward Island Municipalities'
'I think there should be more clarification and a wider discussion around… how those code of conduct violations take place,' says Satya Sen, the executive director of the Federation of P.E.I. Municipalities. (Tony Davis/CBC)

The Federation of P.E.I. Municipalities says changes should be made to balance privacy and the public's right to know when it comes to people violating municipal code of conduct regulations.

When a town or city councillor violates the code of conduct, information about suspensions or fines may be made public, but the details of what led to those consequences doesn't have to be released. 

"I think there should be more clarification and a wider discussion around… how those code of conduct violations take place," said Satya Sen, the executive director of the Federation of P.E.I. Municipalities. 

"You have to balance between transparency as well as protection of privacy."

Municipal codes of conduct set out a set of guidelines for the actions of elected officials, Sen said.

"At the end of the day, as an elected official you have certain responsibilities," he said. 

Privacy concerns cited

North Rustico Coun. Donna Coll was recently suspended for 90 days, fined $500 and ordered to issue an apology — but very few people know why, and the ones who do aren't talking. 

Councils should be more transparent when someone breaks the code of conduct, says P.E.I. federation

9 hours ago
Duration 2:20
On P.E.I., the facts behind municipal council code of conduct violations don't have to be released to the public. That sometimes has voters wondering just what happened, after a punishment is levied. In the wake of a recent case involving North Rustico councillor Donna Coll, the Federation of P.E.I. Municipalities says things should change. CBC's Tony Davis has more.

CBC News attempted to contact the councillor but did not hear back. 

An email from the municipality said only certain information is released publicly. 

"The Municipal Government Act and Regulations requires the council decision on a code of conduct breach and any sanctions to be public. All information around the breach and any investigation are confidential," wrote Stephanie Moase, the chief administrative officer of the Town of North Rustico. 

If something is not violating privacy, it should always be open to the public.— Satya Sen

The Federation of P.E.I. Municipalities said not knowing details of investigations like this one could make it hard for voters to make decisions when the next election comes around. 

"From a policy point of view, maybe we should look into… allowing some of these investigations to be more open," said Sen. "At the same time, you have to be very mindful about protection of privacy and also mindful about the nature of the [violation]."

Conduct, not criminality

A similar situation unfolded in Charlottetown last June, when Coun. Trevor MacKinnon was fined $500, ordered to issue an apology and removed as the chair of a committee. 

A headshot of a man
It's not clear exactly what part of the code of conduct Charlottetown Coun. Trevor MacKinnon breached, but the investigation was triggered by comments he made to a member of the public in the spring of 2023. (Submitted)

Those consequences followed a comment MacKinnon made to a member of the public. It was never made clear what that comment involved. 

Other situations play out more publicly. 

Murray Harbour Coun. John Robertson was suspended from council in November of 2023 after placing a sign on his property that some people in the community and beyond deemed offensive. 

Man wears a suit and glasses.
Coun. John Robertson appeared in P.E.I. Supreme Court on Feb. 6 to argue for a review of his suspension and fine. (Steve Bruce/CBC)

Robertson is pushing the Supreme Court of P.E.I. to do a judicial review of the punishment handed down to him. 

He was supposed to pay a $500 fine and issue an apology, but never did and is now back on council. 

"None of this is about criminality," Sen said. "This is about conduct.... If something is not violating privacy, it should always be open to the public." 

The provincial government is in the process of reviewing the Municipal Government Act, Sen said. 

CBC News contacted the province to ask about what changes to the act are pending. No one from the province was available for an interview. 

ABOUT THE AUTHOR

Gwyneth Egan is a digital writer at CBC Prince Edward Island. She is a graduate of Carleton University's master of journalism program and previously interned with White Coat, Black Art. You can reach her at gwyneth.egan1@cbc.ca

With files from Tony Davis