On July 4, 2024, a Code of Ethics Complaint was filed against the then mayor of Shaunavon, Kyle Bennett (the “Complaint”).
The Complaint included five allegations against Mr. Bennett, which are summarized as follows:
- Complaint #1: Inappropriate comments made by Mr. Bennett during the Regional Municipal Governance Committee meeting on June 25, 2024;
- Complaint #2: Sharing of confidential emails with a third party;
- Complaint #3: Improper reimbursement of expenses incurred on March 1, 2024;
- Complaint #4: Contracting services without Council approval; and
- Complaint #5: Improper classification of SUMA Convention liquor purchase.
In accordance with the Town’s Code of Ethics Bylaw, 2021, Council retained an independent third-party investigator to investigate the Complaint.
Upon receipt of the Investigation Report, Council forwarded the Investigation Report to the Complainant and Mr. Bennett and invited written submissions in response to the Investigation Report and/or the Complaint for the consideration of Council.
At the Council meeting on October 1, 2024, Council went in-camera to review and consider the Investigation Report and the written submissions of the Complainant and Mr. Bennett. After a thorough discussion, Council made the following determinations:
- That Complaint #1 was substantiated. In making the inappropriate comments, Mr. Bennett breached the Privacy, Good Governance, and Communications with Public & Media Relations provisions of the Code of Ethics Bylaw.
- That Complaint #2 was substantiated. In sharing the emails with a third party, Mr. Bennett breached the Confidentiality provisions of the Code of Ethics Bylaw.
- That Complaint #3 was unsubstantiated. While there was a process for pre-approval of expenses, that process was not always followed or strictly enforced. This expense was ultimately approved by Council, after-the-fact.
- That Complaint #4 was substantiated. By contracting work without Council approval, Mr. Bennett breached the Statutory Obligations provisions of the Code of Ethics Bylaw, as well as section 192(1) of The Municipalities Act.
- That Complaint #5 was inconclusive. This may have been a coding error that may have not been the responsibility of Mr. Bennett.
In light of his resignation on August 2, 2024, Mr. Bennett is no longer a member of Council, and is therefore no longer subject to any remedial sanctions which may be imposed as a result of the three substantiated breaches of the Code of Ethics Bylaw.
For further clarity, the events which took place at the Council Meeting held on July 16, 2024, and which led to Mr. Bennett’s resignation, were not part of the Complaint or the Investigation.
The events surrounding the Complaint and Mr. Bennett’s resignation have been challenging and stressful for Council, Town staff and ratepayers. Throughout this difficult process, Council has been, and remains, committed to transparency, ethics and good governance. Council and administration will utilize what it has learned through this investigation process to improve transparency, ethics and good governance. For example, one of the issues identified by this investigation process was the lack of strict adherence to the Renumeration Policy of Council dated September 15, 2020. Council will be reviewing this policy to ensure that the approval of Council expenditures occurs in accordance with principles of transparency and good governance.
