At the November 3 special meeting of City of Kimberley council, Councillor Diana Fox called on city staff to initiate an ethics investigation.

The city has determined that an investigation cannot be undertaken based on this request for two reasons: First, the information provided does not articulate the parameters of the requested investigation. Second, the way in which the request was brought forward is in contravention of city bylaws.

As a result, no direction could be provided by council to authorize the staff and financial resources that would be required to proceed.

Since the special meeting, the city has received two formal written complaints from Coun. Fox, one against a member of city staff, and one against a member of council.

These complaints are being handled in accordance with the relevant city policies. External third parties will review the complaints with reference to the policies and will determine the appropriate process through which to achieve resolution.

The city will not comment further on these complaints at this time in order to allow the impartial adjudication process to take place.

Coun. Fox’s request at the November 3 meeting was not brought forward with a Notice of Motion, as required by the City of Kimberley Council Procedure Bylaw, No. 2598, 2017, and could not be considered by council.

Consequently, having brought the complaint forward in an informal manner, outside of the procedures established by council, it did not include the information council would require to be able to consider the item, such as the scope of the intended investigation.

Further, according to Section 122 of the Community Charter, individual council members do not have the authority to direct a municipality’s staff or its affairs. A council may only exercise its authority by resolution or by bylaw.

Submitted by City of Kimberley

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