Chaulk grilled, reprimand motions presented
After 3 ½ hours of testimony, debate on harassment reports to start in House of Assembly
Commissioner for Legislative Standards Bruce Chaulk endured 3 ½ hours of questions from politicians Monday evening, with repeated battles with Humber-bay of Islands MHA Eddie Joyce.
By the time the dust settled, five motions were brought forward: two ask MHAS to compel Joyce and Mount Scio MHA Dale Kirby to apologize for their behaviour after they were found in violation of the MHA Code of Conduct by Chaulk.
Government House Leader Andrew Parsons says he brought forward the motions as a starting point, but amendments recommending further punishment could be proposed.
“We could say agree, disagree or whatever else,” said Parsons.
“My thought process was, let’s just be exactly consistent with what the commissioner recommended. It’s an amendable motion – (the) opposition has the ability to make an amendment asking for something different.”
Parsons says he personally will not bring any amendments to the motions now before MHAS.
Commissioner questioned
Chaulk was called to the floor of the House of Assembly on Monday afternoon at the request of the House to field questions about the investigative process surrounding five investigations into the behaviour of Joyce and Kirby.
“You’re asking a question specific to the reports,” Chaulk said an untold number of times on Monday evening, as multiple MHAS ventured too close to the contents of the reports, which Chaulk made clear from the beginning he would not discuss.
Some revelations did come forth in the questioning.
Fortune Bay-cape La Hune MHA Tracey Perry told the House that the investigation into her complaint appeared to wrap up quickly, before it was fully complete.
“My process was cut short suddenly. We got notice the House was opening and I had notice that the report was finalized all in the same day,” she said.
“We were in the process of trying to get testimony under oath or at least test the veracity of testimony provided.”
Chaulk couldn’t speak to Perry’s allegation, as it dealt with the contents of a report.
Joyce says he did not do an inperson interview with Chaulk about any of the allegations against him, despite requests.
“This is not justice,” said Joyce, closing a file on his desk at the end of the debate.
While Chaulk couldn’t get into detail, he says it’s his decision whether or not to do interviews with any of the complainants, respondents or witnesses.
Joyce did provide lengthy, written replies to Chaulk’s questions throughout the investigation.
Kirby also ran into difficulty getting answers to his questions on Monday evening.
When he did get clarity, Kirby asked if false allegations made against other MHAS constitute a breach of the Code of Conduct.
“If you have specific complaints about another member, then you can file a complaint under the legislation,” said Chaulk.
Service NL Minister Sherry Gambin-walsh, the complainant in the Oct. 18 Joyce Report, was the first of a number of MHAS to ask about whether or not Chaulk considered a pattern of behaviour based on the number of complaints against Joyce and Kirby.
Chaulk told the House that each complaint was regarded individually.
Repeated concerns about the confidentiality of the reports were also brought up by Chaulk.
Terra Nova MHA Colin Holloway asked what measures were in place to keep the reports confidential.
Chaulk says each person interviewed was asked to keep the matters confidential, but there is nothing in the current legislation mandating the reports remain silent. On top of that, there are no legislated requirements that any of the witnesses testify to the commissioner under oath. Chaulk says it would be fairly obvious in the final reports if people weren’t telling the truth, but there were no legislative requirements for the testimony to be given under oath.
Multiple questions were asked about whether Chaulk would do anything differently in the investigations, or whether he thinks changes are needed to the investigative process.
Chaulk says he followed the current investigation described in legislation to the letter, but any future recommendations need to be brought forth by MHAS.
With all five motions now before the House of Assembly, debate on the motions – and the fate of Kirby and Joyce – will begin on Tuesday.