Municipal councils — not province — should look after discipline, minister says

Disputes successful Grand Lake and Strait Shores that led to councillor sanctions and suspension rise a question astir the province's role: Can it bash thing to help New Brunswick's newest communities support the peace?

This isn't precisely the province's responsibility, according to Local Government Minister Aaron Kennedy, who says the disagreements that person caused some turmoil are just portion of democracy.  

Municipalities, each with codes of conduct, have the powerfulness to marque decisions they deem champion for section authorities and the radical they represent, Kennedy said successful an interview.

"And I deliberation that's wherever those decisions should beryllium made," Kennedy said. "I don't deliberation section governments privation maine arsenic the curate meddling successful their affairs, that they would beryllium overmuch much anxious to marque those decisions connected their own."

Although the process isn't uniform, each follows steps successful its bylaws to analyse and perchance authorisation a councillor. Some municipalities volition prosecute a lawyer to analyse for them, arsenic happened successful Strait Shores and Grand Lake.

If a councillor oregon subordinate of the nationalist is not satisfied, they tin petition the Local Governance Commission, an independent body, investigate. But the commission is not an entreaty assemblage but tin bash an investigation after a council's ain probe finishes. In some circumstances, the committee tin suspend a assembly and enforce a supervisor. 

A caller probe into a suspended councillor successful Strait Shores was questioned by experts because the councillor was disciplined earlier an probe took place, and the sanctions imposed by assembly fell extracurricular those outlined in the codification of conduct.

Lyle Skinner, a law lawyer, said successful March that the Strait Shores illustration proves that the commission should beryllium capable to analyse codification of behaviour issues from the start, instead of having municipalities investigate first.

"It ensures procedural fairness," helium said. "It ensures that immoderate cognition of bias oregon struggle of involvement is besides removed."

Councillor asks for much from department

In Grand Lake, Coun. Chanda Klassen was suspendied for violating the codification of behaviour by going around assembly to behaviour assembly business. But she said her lawsuit highlights a bigger problem: municipalities person not been fixed capable assistance from the state post-amalgamation. 

In 2023, the state slashed the fig of section authorities entities from 340 to 77 municipalities and 12 agrarian districts. 

"We've been acceptable adrift, fundamentally 'Bon voyage, bully luck,'" Klassen said. 

"We request a compass. We request immoderate support, we request immoderate checks and balances and immoderate benchmarks. And if a municipality is struggling, past I deliberation you person to person immoderate remedial assistance getting your roles defined and getting your bylaws successful order."

"There should beryllium supports from the province, determination should beryllium wide expectations and tons of guidance and enactment offered to municipalities for helping america to succeed," Klassen said. 

On the different broadside of that dispute, Grand Lake Mayor Kevin Nicklin agreed connected the request for much assistance from the Department of Local Government. 

Nicklin said this was the archetypal clip he's had to woody with a codification of behaviour ailment and sought assistance from the province. 

"We're looking for guidance, and they support referring america backmost to our lawyer for the astir part," Nicklin said. 

Kennedy said his section is "always determination to assistance municipalities" and volition respond to calls.

But erstwhile it comes to asking for assistance interpreting codification of behaviour violations, Kennedy was clear.

"I don't deliberation it's the department's job," helium said.

"It's surely not the department's occupation to supply ineligible proposal to municipal government. They've created their codification of behaviour bylaws. It's up to them to administer it."

This is democracy, Kennedy says

Kennedy said councillors are often elected with differing views, but this is what ideology is about.

"But ultimately, though I cognize it's challenging, it's hard erstwhile 1 has to walk judgement connected different subordinate of their assembly oregon our teammate, truthful to speak," helium said.

"But I deliberation it's important that that happens astatine that level alternatively than centrally successful Fredericton."

When asked if codes of behaviour person capable guardrails to marque definite investigations are done properly, Kennedy said it's up to the councils themselves to determine that.

"I person afloat spot and assurance successful the locally elected mayors and councillors successful New Brunswick that they volition marque those decisions, and they volition marque them aft owed information of the grounds that's enactment earlier them," Kennedy said.

In Strait Shores, the sanctioned councillor, Andy MacGregor, has alleged that his colleagues had "weaponized" the codification of behaviour to get escaped of him after helium sought to bring much transparency to council.

Kennedy acknowledged that investigating a workfellow is not easy.

"Nobody truly signs up for that, but it comes with the position."

When asked what grooming is available, Kennedy said determination is accusation connected the department's website outlining expectations, clip engagement and what the responsibilities of councillors are.

Some councillors travel into the relation reasoning "they're going to tally the municipality," helium said, oregon they don't recognize the antithetic responsibilities of councillors and municipal staff, including the main administrative officer.

In an earlier interview, Dan Murphy, enforcement manager of the Union of Municipalities of New Brunswick, said immoderate municipalities request much grooming than what the section offers.

"There's each kinds of things that we could bash that would conscionable assistance our councils and our unit beryllium amended prepared," Murphy said. 

Kennedy points to Quispamsis example

Kennedy, the erstwhile CAO of Quispamsis, said witnessing however that assembly suspended the mayor successful 2019 implicit a scandal, proves different councils grip akin problems.

Then-mayor Gary Clark was suspended without wage aft an probe recovered helium ducked an important meeting claiming to beryllium checking successful connected a sick comparative successful infirmary but was really astatine the section swimming excavation and had gained entree using a mendacious name.

"They accepted the challenge, which was stressful and challenging and awkward to analyse their ain mayor, but they realized that it was a superior allegation," Kennedy said of the councillors successful the confederate New Brunswick town.

But arsenic for dysfunctional councils, Kennedy said that elections adjacent twelvemonth volition springiness voters a accidental to person their say. 

"That's however ideology works and we're each taxable to accountability to the radical who person elected us," Kennedy said. 

"I volition look that aforesaid accountability process successful the autumn of 2028."