With no new meetings set on the municipal calendar between now and the end of 2024, it seems as though any punishment dolled out from the latest ruling against Kamloops Mayor Reid Hamer-Jackson will be an issue for early 2025.

The Mayor has been found in breach of the Freedom of Information and Protection of Privacy Act (FIPPA), a well as the Council Code of Conduct, connected to pictures associated with a Chamber of Commerce event in March.

“The Mayor was scheduled to present at a dinner gala hosted by the Kamloops Chamber of Commerce (the “Gala”) on March 14, 2024,” stated Reece Harding, the investigator tasked with looking into the alleged Code of Conduct violation by the Mayor.

At issue are photographs which were sent to the Mayor for alleged use in the Gala, which never did make it into the presentation he delivered that night, which included Hamer-Jackson and the Chief of Tk’emlups, Kukpi7 Rosanne Casimir, as keynote speakers.

“On multiple occasions prior to the Gala, City staff reached out to the Mayor to work with him in preparing a speech and slideshow for this purpose, which the Mayor ignored,” stated Harding in his analysis.

“Days before the Gala, the Mayor contacted [name redacted] to seek assistance in preparing a slideshow for the Gala, and forwarded the Photographs for this purpose,” continued Harding in his report.

“The [name redacted] refused to prepare a slideshow for the Mayor using the Photographs, on the basis that [Code of Conduct regulations]… the Photographs were inappropriate and breached the privacy of unhoused individuals.”

At issue were a collection of 49 different photos which Hamer-Jackson had been given, which — the investigation has concluded — were provided to the Mayor by a non-City-employed individual.

The purpose of said photographs was — according to the investigator — for the Mayor to use in a presentation to highlight issues of street disorder in Kamloops.

The investigation has since determined that some of those photographs were able to identify the people in question.

One of them — according to RadioNL sources — also showed a person performing an oral sex act in public.

Of the 49 photos, 20 were then forwarded on to someone through the Mayor’s City email account, which is where the violation is said to have occurred.

“This complaint is about whether the disclosure of the Photographs to [name redacted] by the Mayor constituted a violation of section 25.1 of FIPPA and, therefore, a breach of section 3.15 of the Code of Conduct,” noted Harding in his report.

“To be clear, in my opinion, it does not matter whether the Mayor used the Photographs at the Gala, only that he forwarded them to [name redacted] with that purpose in mind.”

For his part, Hamer-Jackson contends he did not intend to use any of the explicit photos for the slide show on the evening of the Gala.

“I wanted a picture of the new buildings going up by the River. You know, some good things,” said Hamer-Jackson.  “And then I wanted some reality, like graffiti, smashed windows, camps on beaches and things like that.”

Probe shows links to non-City organizations

The investigation notes from Harding do provide a chronological account of the investigator’s version of the alleged FIPPA violations and initial complaint, which the report confirms was filed by Councillor Dale Bass.

Reece Harding is an expert in municipal affairs, having once held the role as the Ethics Commissioner for the City of Surrey.

Harding’s report notes current his firm, Young Anderson, received the request to be a 3rd party investigator on March 22, 2024.

The report details a series of interviews done with the parties involved, whose names have all been redacted, with the exception of the Mayor.

Harding’s probe begins with questions of the person who forwarded the photographs, whom the documents show is somehow linked to the Kamloops Central Business Improvement Association.

“The Mayor called sometime in February 2024 to request photographs of ‘crime and social disorder’ in Kamloops Central,” stated the report from Harding.  “At the Mayor’s request, [name redacted] emailed the Photographs to the Mayor.”

The report goes on to absolve the person who sent the photographs.

“He was not aware of the purpose for which the Mayor intended to use the Photographs at that time,” stated Harding in his investigation notes.  “After the Gala, [name redacted] double-deleted the Photographs from all of devices and accounts at the request of the City [name redacted].”

Harding then takes his investigation to the person who received the emailed photos the Mayor forwarded.

“On June 3, 2024, I [Harding] emailed to request that [name redacted] participate in this investigation. initially [pronoun redacted] agreed to participate, and we had a preliminary telephone call on June 10, 2024, during which [name redacted] confirmed that [pronoun redacted] had received the Photographs via email from the Mayor. This was not a formal interview, and I agreed to follow up with [name redacted] in detail once [pronoun redacted] had received direction from the [organization redacted],” stated the report.

“Because the City had already ensured that all of the Photographs had been deleted, I saw [name redacted] participation in the investigation as imperative, as [pronoun redacted] was the only individual (aside from the Mayor) who could speak to the content of the Photographs that received.”

Harding’s report then details how the email recipient then became unwilling to be involved in the probe.

“On June 18, 2024, [name redacted] advised me via email that [pronoun redacted] would not participate in this investigation, at the direction of [organization redacted],” noted the report.  “As a result, I do not have any direct evidence from [name redacted]. Of course, I have no legal authority to force [name redacted] to participate in this investigation so I was accepting of [pronoun redacted] position.

Focus shifts to City of Kamloops

Harding’s review of the situation then goes inside City Hall, in part, due to a lack of participation.

The investigator begins with a request for a copy of the emails containing the photographs.

“The reason for this request, as noted above, was [name redacted] had been directed not to participate in my investigation and I needed to obtain the emails between the Mayor and [name redacted] to review the content.

Harding is eventually provided with the emails and photographs.

“On August 28, 2024, [name redacted] instructed, at my request, [name redacted] restore from the City’s digital backup the emails and attachments that were received by the Mayor from [name redacted], as well as emails and attachments forwarded by the Mayor to [name redacted],” noted the report.

“On August 28, 2024, [name redacted] provided my office with the five emails sent to [name redacted] the Mayor by [name redacted] on February 29, 2024, and the two emails forwarded by the Mayor to [name redacted] on March 11, 2024.”

Harding’s review then moves on to separate questioning of two unnamed [redacted] individuals with inside knowledge of the inner-workings of City of Kamloops policy and procedure.

Those conversations are based around the Mayor’s understanding of the FIPPA rules and the connection they may have had to the photographs involved, as well as the role the City plays in preparing for public events involving outside organizations, such as the Kamloops Chamber of Commerce.

Investigation details turn to Mayor

A recounting of the process by the investigator then focuses on Mayor Reid Hamer-Jackson’s alleged actions during the probe.

“After performing a lengthy preliminary assessment of the complaint, I concluded that this complaint warranted further investigation and, as required by the Code, I disclosed that fact to the Mayor through his then legal counsel,” stated Reece Harding in his report dated May 13, 2024.

“In our notification letter, I informed the Mayor that the complaint alleged that he had solicited and distributed photographs of individuals, and that this allegation engaged the prohibition within FIPPA against public bodies and their officers collecting, using, or disclosing personal information except in accordance with FIPPA.”

Harding’s notes then go on to detail a series of back-and-forth exchanges between himself and the Mayor, which the investigator says included push-back against the premise of the investigation itself.

“The Mayor took the position that he did not collect the Photographs, hold them in confidence, or disclose them to the public, and that the Photographs did not constitute “confidential
information” pursuant to the Code [of Conduct],” stated Harding in his report.

“The written response further characterized the complaint as a ‘thinly veiled attempt to unfairly target and harass the Mayor,’ and stated that the Photographs were not captured by the Mayor, nor did the Mayor direct that the Photographs contain ‘nudity, sexual acts, or identifying information of any of the individuals captured.'”

Stating that he wasn’t satisfied the responses Hamer-Jackson gave in connection with the photo’s violating FIPPA rules, Harding says he then set a date for a one-on-one with the Mayor on October 3rd, which Harding said was later agreed upon by he and his lawyer.

However, Harding’s notes say Hamer-Jackson — through his lawyer — decided to withdraw from the Code of Conduct process on September 19th.

From there, the rest of the month appears to become a lot more tense:

“On September 23, 2024, I emailed the Mayor to request that he reconsider and attend the interview scheduled for October 3, 2024,” stated Harding.  “The Mayor replied later that day, but did not clearly state whether he would participate in an interview, instead stating that ‘councillor O’Reilly and others have made a [sic] Error [sic] in judgment’. I responded seeking clarification, and presented the Mayor with the option of preparing a written response to the complaint instead. The Mayor responded, but did not clearly indicate whether he would attend an interview or whether he would be willing to provide a written response.”

The next three days include a disjointed back-and-forth, according to Harding.

“On September 24, 2024, the Mayor sent text messages to me containing screenshots of other conversations with me,” he states.  “He also sent text messages regarding other Code of Conduct investigations.”

“On September 25, 2024, I emailed a letter to the Mayor requesting that he either attend the interview scheduled for October 3, 2024, or provide a written response by October 10, 2024. I further
advised him that if he did not participate in an interview and refused to provide a written response, I would be completing the investigation without him,” claimed Harding.  “The Mayor replied and stated that he would not be able to attend the interview.”

“On September 26, 2024, I confirmed the cancellation of the interview, and reiterated our request that the Mayor provide us with a written response by October 10, 2024,” said Harding.  “The Mayor replied, stating that once the investigation was completed, he would consider legal advice. I wrote to confirm that I would proceed on the assumption that he would not be providing a written response, but that in any case I would accept written submissions on or before October 10, 2024, should he change his mind.”

“On September 26, 2024, the Mayor also sent us an email in which he indicated that ‘culprits’ had ‘abolished’ his slideshow that he had planned to present for the Gala,” said Harding.  “He indicated that he hoped I would uncover this in our investigation.”

“On September 27, 2024, the Mayor sent me another email in which he stated that he would never present a slideshow including identifying information of people engaged in sexual activity, addiction, or struggling with mental health issues, but that the Complainant [Councillor Dale Bass] would,” claimed Harding.  “I replied to confirm our receipt of this email and the one that we received on September 27, 2024, and to repeat my request that he provide a written response by October 10, 2024. In a responding email, the Mayor stated that he believed I would find that he had been ‘sabotaged.'”

Harding goes on to suggest his reporting of the exchanges is not being done out of malice or frustration.

“I have set out these interactions with the Mayor in detail to demonstrate that, on multiple occasions, I requested that the Mayor attend an in-person interview or provide a written response to the
complaint,” said Harding in his report.  “I am disappointed that the Mayor has not provided me with a more fulsome understanding of his position in this complaint.”

“As such, I have had to complete this investigation without the Mayor’s full input.”

For his part, Hamer-Jackson says his decision to stay out of the probe was financial.

“I wasn’t participating with Reece Harding cause all it was doing was costing me a lot of money in lawyers,” said Hamer-Jackson.  “I put a retainer down for a lawyer to deal with the Neustaeter defamation suit. Not to deal with 15, 20 Code of Conduct violations.”

Code of Conduct investigations conducted through the City of Kamloops do not require the subject of a probe to be represented by legal counsel.

Mayor facing additional loss of pay

The end result of Harding’s investigation has produced a determination that both local and provincial legislation were violated by the Mayor.

“I find that the Mayor was clearly in breach of both section 3.15(a) of the Code [of Conduct] and section 25.1 of FIPPA,” determined Harding.  “I would further note that, pursuant to section 65.4(1) of FIPPA, an individual commits an offence if they willfully collect, use or disclose personal information except as authorized by Part 3 of FIPPA.”

“Although it is not my place to comment on whether an offence was committed, this is a clear indication that the Legislature considered a breach of s. 25.1 a serious matter,” he added.

With his determination, Harding has also laid out a prescribed set of “remedies” to fix the situation, including:

• A written letter of apology to the two unnamed individuals in the report who sent and received the pictures
• A mandatory course on the responsibilities under the Freedom of Information and Privacy Protection Act (FIPPA)
• That Hamer-Jackson be censured, and that Harding’s investigation be made public (as it now has been)

It goes on to recommend that the Mayor be subject to a 5% pay cut for a full year, should he not satisfy the above requirements within 60 days.

“I stress that this measure should only be implemented as a result of the Mayor’s failure to complete the recommended training,” noted Harding at the conclusion of his report, which is dated November 7, 2024.

If started the day the report was submitted, the 60 day window would — if the rest of council is to accept the recommendations, and the Mayor does not comply — fall on January 6, 2025.

The original 10% cut to the Mayor’s salary — a six month punishment handed down on June 12, 2024 for Code of Conduct violations — was followed by an additional 15% cut tacked on for another negative finding against the Mayor in October.

The latest Statement of Financial Information (SOFI) report (2023) shows the Mayor’s base salary at $128,693 per year.

The 15% pay cut from October, combined with an additional 5% cut off the original base salary, would knock his annual pay back by an extra $6,434.

That would leave the Mayor with an annual salary base of just under $103,000 from the City, and no additional stipend from the Regional District.

The October sanctions also included him being replaced on the Thompson Nicola Regional District Board of Directors, which added $16,808 to his gross take-home in 2023.

Meanwhile, the costs associated with Code of Conduct investigations — with the revised figure for this investigation, as well as two others still not complete — are approaching $300,000 since the current City Council took shape.

The Mayor contends the process is stacked against him.

“The judge, jury and executioners are these councillors,” claimed Hamer-Jackson.  “In the end of the day, Reece Harding…they’re hiring him to get the results that they want, or don’t want. I mean, obviously…come on.”

City Council does not have a say in who is hired as a mandatory third-party investigator in Code of Conduct or other internal investigations, with the legal and legislative services divisions tasked with making those decisions independent of political influence.