Radio NL has learned that for months, Mayor Reid Hamer-Jackson has been the subject of an investigation into alleged workplace bullying and harassment, being conducted by a Vancouver firm contracted by the city.
Allegations from four non-political City Hall staff were handed over to Terry Honcharuk, lawyer and senior partner at the firm The Integrity Group. Radio NL has chosen to protect the identity of the complainants in the case.
“All we can say at this time is that the municipal corporation has been forced to take extraordinary steps to protect certain members of staff from ongoing mistreatment and a hostile work environment at the hands of an elected official,” Deputy Mayor of Kamloops for June, Mike O’Reilly, told NL News Monday.
“Rest assured that we are working diligently and consistently to protect the Municipal Corporation and each and every Kamloops taxpayer in the face of these very difficult circumstances created by an elected official.”
The need for an external investigation was first raised by Colleen Quigley, the City’s Director of Human Resources and Safety, and the decision to contract The Integrity Group for this purpose was mandated through a resolution passed in-camera by council.
On its website, The Integrity Group describes itself as “a consulting firm of lawyers specializing in the prevention and resolution of workplace conflict such as sexual and other harassment and discrimination, bullying, and other workplace misconduct including violence.”
Integrity Group also specializes in “Drafting and revising corporate policies, Independent investigation of all workplace conflicts including harassment and discrimination complaints, bullying, and workplace violence; and Conciliation services including mediation and external ombudsperson services.”
Mayor contacted about investigation in February
Correspondence between the investigator and Hamer-Jackson’s lawyer, David McMillan, obtained by NL Newsday allege that the mayor was first contacted about the investigation on February 23, 2023, and interviews conducted by Honcharuk were completed by April 3, 2023.
The documents also reveal a long, back-and-forth between the investigator and the mayor and his lawyer, over Hamer-Jackson’s alleged refusal to sit for an interview or participate.
An email from McMillan to Honcharuk dated May 5, 2023 references a telephone conversation with Honcharuk on March 2, 2023.
“In that conversation I raised a number of questions and concerns to which you have not responded. I assumed (incorrectly) that you would be providing sufficient information regarding your investigation that would allow my client to make informed decisions regarding his participation. I am now requesting that information.”
McMillan continues, “Firstly, please identify the person who is directing your investigation and providing instructions on behalf of the City of Kamloops. Given that the “Complainants” are (Complainant C) and three subordinates, it is important for my client to understand how, and to whom, the alleged complaints were raised. It is also important for him to know what authority (if any) exists for any adjudication of said complaints to take place.”
“Secondly, in your initial letter to the Mayor, your stressed the highly privileged and confidential nature of your investigation, and purported to impose duties of confidentiality on him. In that regard, please advise if you have obtained NDA’s (Non-Disclosure Agreement) from the Complainants, or if any form if Confidentiality Agreement has been circulated among the parties for signature. If not, please confirm that you and the other counsel involved in this matter will provide your professional undertakings to safeguard the confidentiality of any statements or information that my client may provide, and prohibit the dissemination or use of such statements or information by any party, for any purpose other than your investigation.”
Honcharuk responded in an email dated May 9, 2023.
“With respect to punitive delays, I note that I first contacted Mr. Hamer-Jackson about this investigation on February 23, 2023 and, on April 3, 2023, I advised him that I had completed my interviews with the Complainants and requested that he schedule an interview with me. On April 4, 2023, I confirmed with Mr. Hamer-Jackson that he would receive a summary of the allegations after he scheduled that interview.”
Honcharuk continues “Mr. Hamer-Jackson requested that I email you but did not provide me with any contact information so I requested that from him. On April 17, 2023, I messaged Mr. Hamer-Jackson again requesting that information which he had not sent me; I received the information on April 18, 2023.”
“I emailed you on April 21, 2023 to confirm, among other things, that I had been retained by the City through its legal counsel (which I had advised you during our telephone discussion of March 2, 2023) and I also advised you of the names of the Complainants who had alleged unlawful and/or inappropriate conduct by the Mayor.”
Honcharuk writes “I always endeavor to move investigations along efficiently and fairly and I believe the above-noted timeline reflects this (as well as the fact that any supposed delays were brought about by either Mr. Hamer-Jackson or yourself).”
On the issue of confidentiality, Honcharuk says “With respect to professional undertakings, NDA’s, etc., my practice follows well-established and widely accepted standards which apply to workplace investigations and includes requesting and receiving from participants their commitment to keep all matters pertaining to the investigation confidential. This applies to all participants equally, including your client. I do not use NDA’s in my workplace investigations and do not see any reason to change that approach in this matter.”
He continues, “With respect to details of the allegations, I have been advised by Ms. Quigley that the Mayor was made aware of the general nature of the allegations against him (and of course he knows who the Complainants are).”
Honcharuk concludes with a warning.
“Accordingly, I look forward to receiving, by the end of business on Friday, May 12, 2023, your written advice as to whether or not Mr. Hamer-Jackson agrees to be interviewed, failing which I will complete this investigation on the basis of the evidence available to me. Your client is again encouraged to participate and provide his account of events.”
The deadline appears to have come and gone.
The Mayor’s lawyer responded May 22, 2023.
That response, which has been viewed by Radio NL, states that the mayor’s participation in the investigation would be contingent on assurances that any “facts or statements that he might provide in an interview would be held in strict confidence,” McMillan also writes “as I have previously advised you he (Hamer-Jackson) rejects as absurd the proposition that he must agree to such an interview before being provided with any details of the allegations advanced against him by the Complainants.”
McMillan’s email goes on to claim “The Mayor has had no dealings, personal or otherwise, with (Complainant A) and (Complainant B). He has not violated the personal or professional boundaries of either of them. On the basis of purely second-hand information, he believes both of them claim to have been traumatized by a shouting match that was initiated by [a councillor] in the Mayor’s private office one day. He has no further information to offer, and denies having committed any unlawful or inappropriate conduct vis-à-vis either (Complainant A) and (Complainant B).”
The Mayor’s lawyer also contends the other two complainants, are senior city staffers and goes on to say “The Mayor is prepared to state, under oath if necessary, that the allegation that he is guilty of a campaign of “bulling (sic) and harassment” against (Complainant C) is pure fiction – motivated apparently by (Complainant C)’s assessment of the range of damages (Complainant C) could recover if (Complainant C) had a valid cause of action.”
McMillan concludes, “As I have indicated previously, the Mayor would prefer to deal with any accusations of this nature in a Court of Law, where appropriate rules of procedure are applied and recourse in costs is available to him” he says. “Be assured that I have a modicum of experience in advancing claims for punitive damages and special costs where appropriate, as is reflected in a number of reported decisions. Nonetheless, if you believe that anything of substance emerges from your investigation, feel free to advise me accordingly.”
Councillors not privy to investigation to maintain independence
Sources tell Radio NL that in order to maintain the independence of the investigation, councillors were not privy to any information about the investigation while it was underway.
The final report from Honcharuk and The Integrity Group was received by council in-camera Tuesday, June 13, 2023. It has not been made public yet.
Separately, the Mayor filed a defamation and libel suit against City Councillor Katie Neustaeter on June 12, 2023. The suit focuses on a statement jointly produced by council, that was read by Neustaeter at a news conference on March 17, 2023.
At that news conference, council alleged among other things, the Mayor was breaching personal and professional boundaries.
The lawsuit contends the wording of the joint-statement implies sexual misconduct by the Mayor, who commented to Radio NL last week that he’s been accosted by members of the public calling him a “pervert.”
None of the allegations contained in the libel and defamation suit have been proven in court.
O’Reilly said the workplace investigation was unrelated to the lawsuit filed by the mayor, and also unrelated to the privacy breaches when Hamer-Jackson took personnel documents home. The Office of the Information and Privacy Commissioner (OIPC) has opened a file looking into that breach of privacy.
O’Reilly says the city is obligated to investigate the claims about workplace harassment and bullying.
“This City must do so in order to discharge its legal duties and avoid potential legal claims,” O’Reilly said. “The cost of these legal claims, which ultimately would have been a very substantial monetary liability, would ultimately be borne by the taxpayer.”
Reached for comment by Kamloops This Week, Hamer-Jackson said he could not comment on matters pertaining to closed, in-camera information.
“I’d be breaching confidentiality,” he said. “I can’t comment on anything that would be in closed [meetings]. If other people want to, that’s fine, but I can’t,” Hamer-Jackson said.
He also refused to comment or acknowledge the existence of a workplace investigation, telling iNFONews there have been “a lot” of in-camera meetings that he hasn’t been a part of.
“We’ve had a lot of leaks, as you know,” Hamer-Jackson said. “I would think that would be a human resources issue and I think that would be something happening in closed [council meetings.”
“If there was anything in closed, I wouldn’t be able to speak to it anyway.”
– With files from Paul James and Victor Kaisar
