Investigator had “lapse in judgment” in allowing RM to pay expenses: ombudsman

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This article was published 17/10/2018 (2016 days ago), so information in it may no longer be current.

Manitoba’s acting ombudsman, Marc Cormier, says one of his investigators had “a lapse in judgment” when he allowed his expenses to be paid by the RM of West St. Paul for a speaking engagement earlier this year.

Brandon-based investigator Chris Baker addressed a meeting of capital region municipalities, hosted by West St. Paul, at the Sunova Centre on Jan. 4.

According to documents obtained under freedom of information legislation, the municipality paid Baker’s mileage expenses ($250.56) and a $144.60 hotel bill, which included a small meal charge.

Cormier said he expects his investigators to pay their own way when attending events, and to file expense claims with his office afterwards.

The ombudsman’s office frequently investigates complaints against municipalities.

Baker participated in an investigation into allegations of conflict-of-interest against a West St. Paul councillor several years ago, according to the municipality.

“We’re an independent and impartial office that conducts administrative investigations into the conduct of certain organizations and whether they’ve acted in a fair manner,” Cormier said. “We need to be absolutely impartial and not to be seen to be taking any kind of monies from anyone for what is essentially our own business purpose.”

According to correspondence obtained by the Free Press, when the Rural Municipality of West St. Paul offered to pay Baker’s mileage, he provided an invoice. The municipality issued Baker a mileage cheque dated Jan. 26, but it was never cashed. The ombudsman’s office, following an internal probe, returned it with an explanatory letter in April.

The ombudsman’s office had yet to reimburse the municipality for Baker’s room charge at the Canad Inns Garden City hotel when the Free Press raised the matter this week. An ombudsman spokeswoman said due to an “internal miscommunication,” repayment for the hotel did not occur. “This will be addressed promptly,” she said.

Cormier said his office first realized something was amiss after it received a letter from West St. Paul Mayor Bruce Henley praising Baker as a knowledgeable speaker who captivated the audience of municipal officials.

“This was a great opportunity for the members to build a trusting relationship with the Office of the Ombudsman,” he wrote in a letter dated Jan. 19 to then-ombudsman Charlene Paquin.

Cormier said when Baker’s supervisor, David Kuxhaus, telephoned Baker in Brandon to inform him of the letter, he learned Baker had accepted expense money. Cormier would not discuss whether Baker was disciplined, saying it was “an HR issue,” but the investigator was reminded about the organization’s policies and told how accepting expense money from a municipality could be “perceived as a conflict of interest.”

Baker did not return a request for comment this week.

Brent Olynyk, the RM of West St. Paul’s chief administrative officer, said he approached Baker to address the Association of Rural Municipalities of the Capital Region because he was looking for an engaging dinner speaker. In addition to his role with the ombudsman’s office, Baker once served as a deputy minister in New Brunswick and worked for a federal member of Parliament, he noted.

The RM of West St. Paul, as host of the event, was happy to cover Baker’s expenses, Olynyk said.

“This guy is coming in from Brandon. I don’t expect him to pay for his own hotel room.”

Olynyk said Baker is good at explaining “what’s right and what’s wrong.” He said the investigator urged municipalities to ask the ombudsman’s office for advice, in some cases, if they are uncertain about an action they are about to take.

“This guy is pretty ethical, and that’s why I kind of liked him,” Olynyk said. “He’s very, very, very ethical.”

larry.kusch@freepress.mb.ca