NOTICE
Code of Ethics Complaint #001/2021
On September 20, 2021, Council acknowledged by resolution the filing of Code of Ethics Complaint #001/2021 (“Complaint #001/2021”) against Councillor Dale Arsenault and directed an independent third-party investigation into the complaint.
Complaint #001/2021 alleged that Councillor Arsenault inappropriately shared an internal email with a member of public, and in the process shared the email address of the Complainant and the email addresses of the rest of Council.
A Confidential Code of Ethics Investigation Report for Complaint #001/2021, was prepared by the third-party investigator and was received and reviewed by Council. Report 001 concluded that Complaint #001/2021 was substantiated.
Council provided the Complainant and Councillor Arsenault with a copy of Report 001 and invited written submissions in relation to Complaint #001/2021 for the consideration of Council. The Complainant and Councillor Arsenault both provided written submissions to Council.
On April 18, 2022, after consideration of Complaint #001/2021, the independent third-party investigation and the written submissions of the Complainant and Councillor Arsenault, Council passed a resolution finding Complaint #001/2021 to be substantiated in that Councillor Arsenault breached the following sections of the Code of Ethics Bylaw No. 740-16:
a. Honesty: Council concluded that Councillor Arsenault breached the Honesty provision by making a number of misleading and/or untruthful statements during the third-party investigation.
c. Respect: Council concluded Councillor Arsenault breached the Respect provision by prompting a member of the public to send an inappropriate email to the CAO, and by making unfounded allegations against the CAO during the third-party investigation. Council also concluded that Councillor Arsenault made disrespectful comments to the Complainant and other Council members during Council meetings and in email correspondence.
d. Transparency and Accountability: Council concluded that Councillor Arsenault breached the Transparency and Accountability provision by failing to take responsibility for providing misleading information to Council and by refusing to comply with the third-party investigation.
e. Confidentiality: Council concluded that Councillor Arsenault breached confidentiality by forwarding email to a member of the public which was intended solely for Council and was not authorized to be shared. In forwarding the email, Councillor Arsenault also shared the email addresses of the Complainant and the rest of Council without their consent.
f. Leadership and the Public Interest: Council concluded that Councillor Arsenault breached the Leadership and Public Interest provision by failing to cooperate with the third-party investigation.
g. Responsibility: Council concluded that Councillor Arsenault breached the Leadership and the Public Interest provision by failing to take responsibility for sharing the Complainant’s email address and the email itself with a member of the public. Council also concluded that Councillor Arsenault attempted to justify his inappropriate conduct by deflecting blame onto others.
- Communication: Council concluded that Councillor Arsenault breached the Communication provision by making disrespectful comments to the Complainant, by sending bullying and disrespectful emails to the CAO and by making unfounded allegations against others.
- Relationship with Other Councillors, the CAO and Town of Rosetown Staff: Council concluded that Councillor Arsenault breached the Relationship provision by making disrespectful comments to the CAO and the Complainant and by failing to conduct himself with decorum at Council meetings.
Remedial Action
Upon finding Complaint #001/2021 to be substantiated, Council passed a resolution imposing the following remedial action pursuant to section 6 of the Code of Ethics Bylaw No. 740-16:
- Councillor Arsenault must provide a written apology to the CAO and to all members of Council by May 18, 2022;
- Councillor Arsenault is subject to a 60-day suspension (April 18, 2022 – June 17, 2022) from Council and all committees with a pro-rata reduction in remuneration of $1,237.60 for the length of the suspension. During the 60-day suspension Councillor Arsenault will not receive any Council communications that would otherwise be forwarded to him as a councillor; and
- This public reprimand in the form of a notice will be posted on the Town website, Facebook and published in the local paper advising that Complaint #001/2021 has been found to be substantiated and that Councillor Arsenault breached the following sections of the Code of Ethics Bylaw No. 740-16: a. Honesty; c. Respect; d. Transparency and Accountability; e. Confidentiality; f. Leadership and Public Interest; g. Responsibility; Communication and Relationship with other Councillors, the CAO and Town of Rosetown Staff.