Mt. A. Politics Professor Geoff Martin

Mount Allison Politics Professor Geoff Martin says the draft of a newly revised code of conduct presented to Tantramar council on Monday violates Charter of Rights guarantees of free speech and freedom of association.

“I think these codes of conduct are becoming too overbearing,” Martin said Thursday during a telephone interview with Warktimes.

“I’m not convinced it should be within the power of council to suspend someone without pay, for example, for any length of time.”

Martin, who specializes in the study of municipal politics and who served on Sackville town council himself from 1998 to 2004, was referring to a provision in the newly revised code that would allow a majority on council to suspend a member without pay for up to 90 days.

Provincial regulation

During Monday’s meeting, Town Clerk Donna Beal said a revised code of conduct bylaw is needed to comply with a new provincial regulation that specifies what should be in it.

Town Clerk Donna Beal

“No matter what else is in the bylaw, those things have to be included,” Beal said, referring, for example, to a new provision requiring members of council to “adhere to core values of honesty, integrity, objectivity, impartiality, and accountability.”

Another new provision states: “No Councillor shall make a statement that the member knows or reasonably ought to know is false or misleading…”

It appears, however, that the stiffer penalties, such as the 90-day suspension without pay are optional and may or may not be included in the new bylaw although they do appear in the draft that town staff are recommending council approve at future meetings.

“I really speak for staff that we do not want to be involved in policing council,” CAO Jennifer Borne explained during Monday’s meeting.

“It’s a very challenging situation for council to police themselves,” she said, adding that applies to every municipal council in New Brunswick.

Free speech

Councillors Debbie Wiggins-Colwell and Bruce Phinney, who have both been found guilty of violating past codes of conduct, voted against sending the bylaw to the next regular council meeting on March 11th for first reading.

“Before approving this bylaw, I would like to have a lawyer who specializes in the Charter of Rights and a political science professor to explain how implementing this would not infringe upon our freedom of speech or expression, which now more than ever we need to protect,” Wiggins-Colwell told council.

Councillor Bruce Phinney

She added that she fears democracy is undermined when government regulations prescribe what elected officials can or cannot say.

“I just feel that it’s taking away anything we wish to say because, as we all know, we can read this, but we can all interpret it in our own way,” Councillor Phinney said.

“I want to make it clear that the code of conduct does not muzzle councillors,” said Mayor Andrew Black.

“It does not keep you from saying what you want to say,” he added.

“What it does do is make sure that you don’t say what you shouldn’t say,” Black said referring to a provision that prohibits members of council from making “a statement that is defamatory to a member of Council, an officer or employee of Tantramar or a member of the public.”

The mayor said that provision is meant to protect the municipality from potentially costly lawsuits.

Councillors Michael Tower, Josh Goguen, Matt Estabrooks and Allison Butcher spoke in favour of the revised bylaw.

“This to me, looks like it’s in place to protect us,” said Councillor Butcher. “I look at this as a very positive thing.”

Enforcing conformity

But Politics Professor Geoff Martin disagrees.

“These codes of conduct can easily be used by municipal staff and to some degree, the mayor, to enforce a certain conformity,” he says, adding that the sections on free speech are open to interpretation.

One provision of the present code of conduct, for example, says councillors shall use “communication tools and social media in a professional and appropriate manner only to promote the approved objectives of Council and not to attempt to reflect on Council decisions or disparage or criticize other Councillors or staff.

“Derogatory, defamatory, discriminatory, indecent, obscene or false comments shall not be posted on any social media account, including, without limiting, any posts made anonymously.”

Martin says such provisions can be used to suppress legitimate dissent and political independence.

He’s especially concerned about an existing provision that says members of council “shall avoid forming ‘alliances’ with other Councillors for the purpose of controlling Council meetings, agendas or outcomes.”

“This is ridiculous,” Martin says. “It’s the most foolish thing I’ve ever seen.”

He wonders if there’s any law in New Brunswick that would prohibit municipal candidates from forming a slate to push for common goals.

“How are they going to determine who’s in an alliance?” he asks.

“I think this is a clear violation of the Charter right of freedom of association,” he says.

“If you want to write that I’m blasting this code of conduct, go ahead. Yes, I am blasting it.”

To read, Town Clerk Donna Beal’s presentation to council and the new draft bylaw, click here.

To read coverage of Councillor Wiggins-Colwell’s Code of Conduct violations, click here.

For coverage of Councillor Bruce Phinney’s violations, click here.