NOTICE
Complaint #003/2021
On September 20, 2021, Council acknowledged by resolution the filing of Code of Ethics Complaint #003/2021 against Councillor Dale Arsenault and directed an independent third-party investigation into the complaint.
Complaint #003/2021 alleged that Councillor Arsenault deliberately breached confidentiality by sharing Code of Ethics Complaint #001/2021 (“Complaint #001/2021”) with a member of the public via email on September 3, 2021. Complaint #001/2021 had been previously filed against Councillor Arsenault.
A Confidential Code of Ethics Investigation Report for Complaint #003/2021 (“Report 003”) was prepared by the third-party investigator and was received and reviewed by Council. Report 003 concluded that Complaint #003/2021 was substantiated.
Council provided the Complainant and Councillor Arsenault with a copy of Report 003 and invited written submissions in relation to Complaint #003/2021 for the consideration of Council. The Complainant and Councillor Arsenault both provided written submissions to Council.
On April 18, 2022, after consideration of Complaint #003/2021, the independent third-party investigation and the written submissions of the Complainant and Councillor Arsenault, Council passed a resolution finding Complaint #003/2021 to be substantiated in that Councillor Arsenault breached the following sections of the Code of Ethics Bylaw No. 859-21:
a. Honesty: Council concluded that Councillor Arsenault breached the Honesty provision by making several unfounded allegations against others during the third-party investigation, ostensibly to divert responsibility from himself. Council concluded that Councillor Arsenault also breached the Honesty provision by failing to participate in the third-party investigation process.
c. Respect: Council concluded that Councillor Arsenault breached the Respect provision by making unfounded allegations towards others and by declining to cooperate in the third-party investigation.
d. Transparency and Accountability: Council concluded that Councillor Arsenault breached the Transparency and Accountability provision by not following the express instructions from the CAO to keep Complaint #001/2021 confidential and by deliberately misconstruing Complaint #001/2021 in order to justify sharing the complaint with a member of the public.
e. Confidentiality: Councillor Arsenault admitted he shared information pertaining to Complaint #001/2021 with a member of the public because the individual was mentioned multiple times in the complaint. Council concluded that by sharing Complaint #001/2021 with a member of the public without Council’s authorization, Councillor Arsenault disclosed confidential information contrary to the express instructions of the CAO.
g. Responsibility: Council concluded that by making unfounded allegations against others, Councillor Arsenault failed to take responsibility for his inappropriate conduct.
Remedial Action
Upon finding Complaint #003/2021 to be substantiated, Council passed a resolution imposing the following remedial action pursuant to section 23 of the Code of Ethics Bylaw No. 859-21:
- Councillor Arsenault is immediately and permanently removed from all committees and is no longer permitted to attend committee meetings in his capacity as a member of council;
- Councillor Arsenault is subject to a 90-day suspension from Council to be served consecutively to the 60-day suspension imposed for Complaint #001/2021, with a total pro-rata reduction of remuneration in the amount of $2,475.20. During the 150-day suspension, Councillor Arsenault will not receive any Council communications that would otherwise be forwarded to him as a councillor;
- Councillor Arsenault must complete educational training on respect and confidentiality requirements with a certificate of completion to be presented to Council within 150 days of this resolution being passed; and
- A 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 #003/2021 has been found to be substantiated and that Councillor Arsenault breached the following sections of the Code of Ethics Bylaw No. 859-21: a. Honesty; c. Respect; d. Transparency and Accountability; e. Confidentiality; g. Responsibility.