Alberta MLA disappointed by lack of transparency into misconduct investigation
An MLA who raised concerns about a secret investigation into two NDP MLAs says she is disappointed by the response she received from the Speaker of the legislature.
Karen McPherson, Alberta Party MLA for Calgary-Mackay-Nose Hill, penned a letter on Nov. 16 to Speaker Bob Wanner.
She asked Wanner to evaluate how the NDP caucus handled allegations of sexual misconduct made against two unnamed party MLAs.
A former member of the NDP caucus, McPherson said she was concerned about the lack of transparency surrounding the investigation and the nature of the complaints.
In his response, Wanner said his office had not received any “specific complaints” regarding government caucus members.
Wanner also outlined a human resources process used to investigate allegations brought forward by employees of the Legislative Assembly Office (LAO).
“LAO senior managers continue their efforts to educate new staff and reiterate with existing staff the principles of a safe workplace environment,” Wanner wrote.
In his letter, Wanner noted the policy permits complaints to be reported to the caucus whip, who may decide to appoint an independent investigator.
But McPherson said Wanner’s response failed to address the need for a specific process to deal with such complaints.
There are many occasions, said McPherson, when MLAs encounter people from outside the LAO.
“These guidelines do not encompass those circumstances,” she said.
Premier Rachel Notley has refused to disclose the names of two government caucus MLAs accused of inappropriate behavior. (Kim Trynacity/CBC)
During a year-end interview with CBC News, Premier Rachel Notley once again said her government caucus has a “robust process” to deal with allegations that come forward.
Notley again refused to release the nature of the complaints or the names of the two MLAs involved. Releasing the names, she has repeatedly said, could identify the complainants.
“And if that’s the thing that you do, then you’re likely going to discourage about 75 or 80 per cent of people who work in the setting from ever raising a concern,” Notley said. “And that’s not going to change the culture the way it should be.”
McPherson said she disagrees with the premier’s stance.
“I think that’s backwards,” she said.
Maintaining privacy of complainants is done in the justice system, and there’s no reason why it couldn’t be done in the legislature, she said.
New system needed
Instead, McPherson suggested a standard third-party investigation process that is not overseen by individual party caucuses.
“They have skin in the game,” she said. “There is a motivation not to release those names or those circumstances. And we need to step beyond that political motivation.”
McPherson said there must be a higher standard of transparency when a serious allegation emerges against someone holding elected office.
“The secrecy is probably making it out to be a bigger thing than it is,” she said. “But the secrecy is a big concern.”
The public needs to be able to reasonably evaluate whether an MLA “just made a mistake” or “if it’s something more egregious,” she said.
Former caucus member blows whistle
The allegations of inappropriate sexual behaviour first came to light after former NDP MLA Robyn Luff was removed from caucus on Nov. 5.
At the time, Luff said she had been bullied and endured a culture of intimidation under Notley’s leadership.
Luff also alleged that NDP MLAs were told to remain silent if they heard anything about opposition members behaving inappropriately toward women, “because our party wasn’t completely without fault on the matter.”
The premier’s office confirmed that allegations of non-criminal, inappropriate behaviour have been brought from outside the caucus against two sitting NDP MLAs since 2015.
The NDP has said a thorough investigation was conducted by Janice Rubin of Rubin Thomlinson in Toronto and Ayla Akgungor of Field Law in Edmonton.
In both cases, the investigations concluded the behaviour could be addressed through education.
When contacted by CBC News, both spokespeople for firms declined to be interviewed.
McPherson said she intends to raise her concerns with the special standing committee on members’ services.
The committee of the legislature is currently drafting a policy to deal with complaints between members.