Question of city hall integrity amplified by complaint against Wyatt

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Winnipeg City Council is preparing to address a report from the Integrity Commissioner of Edmonton concerning a complaint filed by former Chief Administrative Officer (CAO) Michael Jack against Councillor Russ Wyatt.

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The Winnipeg Sun has confirmed that Jack’s complaint centres on allegations that Wyatt improperly disclosed confidential information related to ongoing legal matters involving the City of Winnipeg. Wyatt denies the claims, stating he adhered to the rules outlined in the City’s governing documents.

The complaint was forwarded to the Integrity Commissioner in Edmonton, Jamie Pytel, Kingsgate Legal due to a conflict of interest involving Winnipeg’s own Integrity Commissioner, Sherri Walsh. Walsh was appointed to the position by former Mayor Brian Bowman. Walsh was previously affiliated with Hill Sokalski Walsh, a firm that has represented clients in several legal disputes against the City of Winnipeg, including the high-profile Parker Lands case.

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A decision from the Court of King’s Bench of Manitoba, specifically 6165347 Manitoba Inc. and 7138793 Manitoba Ltd. v. The City of Winnipeg (2023 MBKB 114), appears to be why the complaint had to be handled by an external commissioner. The City’s Integrity Commissioner was in a conflict due to her firm’s involvement in the legal action.

Councillor Wyatt questioned why Walsh has been allowed to continue serving as the City’s Integrity Commissioner despite potential conflicts arising from her previous legal work. Walsh recently changed firms, but she maintained her role with the city. Wyatt told The Sun that a current Executive Policy Committee (EPC) member, on the basis of remaining anonymous, told him there were internal discussions regarding Walsh’s conflict of interest, but Mayor Gillingham and his team decided not to take any action.

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Councillor Wyatt was direct in his criticism of the situation.

“This now calls into question all matters she has ruled on, from the date Hill Sokalski Walsh filed the Marquess Statement of Claim against the City to the point, only a few months ago, when she decided to change law firms,” Wyatt said he believes that, “the lack of action on Walsh’s conflict of interest raises serious concerns about the fairness of previous rulings made by her office.”

The complaint by Michael Jack included claims that Wyatt publicly harassed him in an interview on Aug. 3, 2023. During the interview, Wyatt stated that the CAO was not performing his duties adequately and should have terminated a staff member involved in the legal action. Wyatt also suggested that Jack’s employment should be reconsidered. Jack argued that these comments breached the confidentiality requirements of the City Council’s Code of Conduct, stating that Wyatt’s remarks negatively impacted his ability to do his job.

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The Code of Conduct for Winnipeg City Council outlines specific standards for interactions between councillors and city staff. Section 8.c of the Code prohibits members from using their authority to intimidate, coerce, or influence staff in a manner that interferes with their duties. Section 8.d further requires that councillors must not falsely impugn or injure the professional reputation of staff and should maintain respect for their professional capacities.

In response to these allegations, Councillor Wyatt defended his actions, stating that he did not violate any confidentiality rules.

“Mr. Jack contends that I violated confidentiality rules of information shared in a council seminar,” said Wyatt. “Mr. Jack clearly does not know the Charter of the City of Winnipeg. The Charter clearly states that council seminars are not subject to in-camera or secret meeting rules. These seminars are intended to share knowledge and information with members of the council, as stated in the Charter.”

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Wyatt also raised broader concerns about a culture of secrecy within City Hall, suggesting that efforts are being made to keep councillors from sharing information with the public.

Kevin Klein, former city councillor for Charleswood-Tuxedo-Westwood, echoed this sentiment in his comments to the Winnipeg Sun.

“I remember the same issue when I was a councillor,” Klein said. “Brian Bowman and the public service demanded that councillors sign NDAs before being briefed on many issues, none of which anyone would be considered a risk to the city if it got out. I refused to sign and pushed back. It seems Gillingham is continuing in Bowman’s footsteps.”

Klein said elected officials are accountable to the public and not there to keep secrets at the request of the mayor or the administration.

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When asked if he would issue an apology, Councillor Wyatt was firm.

“Absolutely not,” he said. “I did nothing wrong.”

The issue has brought renewed scrutiny to the office of the Integrity Commissioner and the processes by which conflicts of interest are managed at City Hall. While Sherri Walsh’s role as Integrity Commissioner has been instrumental in guiding council conduct since her appointment, questions remain about whether her previous legal affiliations could have influenced her impartiality. The decision by Mayor Gillingham and the Executive Policy Committee to allow Walsh to continue in her role without addressing the potential conflict has only added to the controversy.

As city council prepares to review the report from Edmonton’s Integrity Commissioner, the outcome of this case could have significant implications for governance and transparency in Winnipeg. Councillors, city staff, and the public will be watching closely to see how the matter is resolved and whether any changes will be made to the current approach to integrity oversight at City Hall.

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