Damning integrity commissioner report on Vancouver mayor’s party has ‘no teeth’: political analyst

Mayor Ken Sim and the governing ABC Party broke the city’s code of conduct, according to a report from Vancouver’s integrity commissioner.

The report, on the subject of a complaint against Sim and Couns. Sarah Kirby-Yung, Lisa Dominato, Lenny Zhou, Brian Montague, Mike Klassen, Peter Meiszner, and Rebecca Bligh, dated Friday — released Monday — concludes a year-long investigation in response to an issue raised by Green Party Coun. Pete Fry.

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Fry alleged that party members breached Vancouver’s code of conduct by “failing to respect and comply with the open meeting requirement” when they gathered in private and discussed city business “in a material way towards a decision of Council.”

Integrity Commissioner Lisa Southern concluded that Sim et al. failed their obligations, as defined under the Vancouver Charter, to be transparent.

“There is a problem — they are depriving the public of participation in the policy development and decision-making processes that serve to build public trust and confidence in local government. Democracy is undermined,” said Southern’s report.

She says the group of respondents claimed their breach of conduct was accidental, but she doesn’t believe that claim.

Southern explains that the councillors should be expected to know the difference between a compliant caucus meeting and what transpired. She also says the method of communication about the meetings, including the encrypted messenger app Signal, and a general lack of documentation, don’t add up to compliance.

“Why keep to the shadows if what you are doing can be safely and fairly viewed in the transparency of daylight?”

Southern says it is up to city council to determine whether to sanction its members, but “no quorum can be reached in these unique circumstances.”

In a statement released Tuesday afternoon, Green Party Councillor Pete Fry said he is drafting a resolution for Code of Conduct enforcement that will be brought to council in the fall session.

“The Integrity Commissioner’s report makes it clear that the ability for ABC councillors to meet and talk in private is not at issue, it’s the decision making process that’s happening without the benefit of staff, the public or even council’s full scrutiny and input,” he said. “These are decisions that potentially cost taxpayers millions of dollars, on top of the legal bill ABC are now apparently suggesting taxpayers cover for delaying the Integrity Commissioner’s work in the first place.”

The city’s other two non-ABC councillors said they are backing the resolution to restore and uphold the democratic process.

“We took an Oath of Office, to carry out our duties with integrity and abide by the rules under the Vancouver Charter.” One City Councillor Lucy Maloney, said. “It’s incredibly disappointing to see the ABC Councillors effectively ignore the rules and maintain they have done nothing wrong, even in the face of legal review.“

“These rules protect the public from corruption. The city needs the power to actually enforce them,” COPE City Councillor Sean Orr, added. “This is just the latest example in a long trend of Ken Sim and ABC breaking integrity rules that are designed to protect the public.”

Ian Bushfield, co-host of the PolitiCoast podcast, says the report is unlikely to create change.

“The unfortunate thing with the Integrity Commissioner is she has no teeth. We’ve seen this with a couple of reports in the past. They are passed to council for decision and action — and given ABC still has a majority on council, if they don’t want to censure themselves, they don’t have to,” Bushfield told 1130 NewsRadio.

He says the “guilty party” is charged with deciding its own punishment.

“I suspect they will take it under advisement. And that will be that. And it will be up to the electors to decide.”

1130 NewsRadio has reached out to the mayor’s office for comment.

—With files from Anthony Atanasov