McLACHLIN’S TO-DO LIST
Retired judge set to probe expenses
VICTORIA B.C. politicians agreed Thursday to hire a retired chief justice to investigate allegations of misspending at the legislature, as well as set detailed allegations they want probed as part of the inquiry.
MLAs voted unanimously to approve an all-party legislature management committee’s recommendation to hire Beverley McLachlin, retired chief justice of the Supreme Court of Canada, to investigate suspended clerk Craig James and sergeant-at-arms Gary Lenz.
Premier John Horgan said the legislature was lucky to hire someone of McLachlin’s calibre who understands the law and will ensure any investigation doesn’t conflict with two special prosecutors currently overseeing an RCMP probe into unspecified allegations against the men.
“This gives me confidence that the special prosecutors and any criminal investigation that’s underway will not be compromised by the work of the Speaker’s office,” said Horgan. “I mean, that I’m more comfortable knowing that Beverley McLachlin is overseeing this than if it was just the members of the legislature.”
NDP House leader Mike Farnworth said McLachlin will conduct a “confidential, impartial and independent investigation that will “determine whether either or both Mr. James and Mr. Lenz … engaged in misconduct in the course of their employment.”
McLachlin was asked to investigate a number of allegations.
She will probe whether James and Lenz received improper payouts of vacation due to their failure to record vacation leave; whether they improperly made purchases of a personal nature and expensed them to the legislature; whether they improperly claimed and received retirement allowances; whether they improperly removed legislature assets and property; and whether they improperly used legislature property beyond an incidental or reasonable workrelated purpose.
MLAs want McLachlin to report back by May 3. She will have the power to compel witnesses and documents.
McLachlin is expected to review the reports made by Speaker Darryl Plecas, the replies by James and Lenz, as well as Plecas’ subsequent reply to their replies.
Plecas has alleged misspending by James and Lenz, including on personal items like suits, headphones, alcohol, retirement benefits, vacation pay and lavish international trips he said were de-facto vacations.
James and Lenz have denied any wrongdoing and said their expenses were approved by Plecas. Neither men has been charged with any crime. They were suspended with pay by MLAs in November, after the special prosecutors were revealed publicly.
McLachlin’s investigation is only one of many underway.
Auditor general Carol Bellringer has begun a forensic audit of the building’s finances.
MLAs also approved a plan to hire an independent consultant to conduct a workplace review. Plecas has alleged staff were inappropriately fired by the clerk and sergeant-at-arms. A detailed plan on how to conduct the review is set to come before MLAs by May 1.
Also released this week were suggested reforms for the building by the governing NDP caucus and Farnworth.
The NDP recommended making it clear that MLAs, not the Speaker, are the supervisors of permanent officers and staff at the legislature with amendments “which will place the responsibility for appointment, supervision and management of permanent officers of the legislature with the committee unless specifically delegated to the Speaker or another officer.”
The NDP also wants expenses from staff and the Speaker disclosed online within 30 days, legal advice on how to recover any improper expenses, a ban on foreign travel without pre-approval by MLAs, a clear rule that “per- sonal gifts are not considered as legitimate expenses,” a ban on outof-province travel expenses for spouses and to ensure any trips extended for personal reasons don’t incur extra costs to taxpayers.
The NDP proposes aligning the legislature with government rules on vacation, retirement benefits and severances. Farnworth also suggested two legal changes that would ensure any future clerks and sergeant-at-arms be appointed unanimously by MLAs and limited to terms that end when they turn 75.
Many of the suggestions align with those made by Liberal Leader Andrew Wilkinson.
The changes have been referred to a working group of MLAs before being enacted.