Calgary councillors voted in favour of the mayor writing a letter to Alberta’s municipal affairs minister and privacy commissioner to inform them a councillor leaked confidential budget information to a member of the media. However, beyond the letter to “request (the minister and privacy commissioner) take whatever steps they deem necessary to address this incident,” Calgary’s city solicitor says there’s little the city can do about the breach. “When it comes to a breach of confidential information, municipalities do not have the tools any longer to regulate conduct,” said Jill Floen, Calgary’s city solicitor and general counsel. The provincial government changed the Municipal Government Act (MGA) last year to eliminate codes of conduct at the municipal level. A new accountability framework is being established by the province, but one has not yet been unveiled. “The only clear path for accountability lies with the minister, and it is within the minister’s full discretion to decide whether and what to do,” Floen said Tuesday morning. Her comments came during a special meeting Tuesday that was called after Ward 14 Coun. Landon Johnston admitted to leaking confidential budget documents last week. Leaking the information, Floen said, could violate provincial rules, but it’s up to the minister to determine that. “Under section 153 of the Municipal Government Act, council members have a duty to keep information in confidence that is discussed in private at a council or council meeting,” she explained in council chambers. “Information that is released in violation of the MGA can have various consequences, including a ministerial inspection. A minister could direct a vote of the electors to remove someone from office. There could be a criminal investigation and subsequent charges, notably for breach of trust or municipal corruption. There could be a regulatory review by the officer of the Information of Privacy.” Johnston was not in attendance for Tuesday’s special meeting. He said he was given legal advice to recuse himself. The Ministry of Municipal Affairs has not responded to requests for comment on the matter. Mayor Jeromy Farkas called the meeting after saying he had reasonable grounds to believe a serious privacy breach may have occurred. Farkas said the release could pose safety risks to city employees and expose the municipality and taxpayers to financial or legal consequences. ‘Wish list’ leaked Johnston admitted to releasing the documents last week, which came from a closed-door council meeting in July. The documents outlined the potential cost of funding every spending request presented during the early stages of the budget process. Doing so could require a property-tax increase of more than 20 per cent next year. Farkas has stressed that the figure is preliminary and does not represent an approved or proposed tax increase. He described the requests as a “wish list” that council must reduce before approving the next four-year budget. Johnston has defended his decision, arguing the potential impact on taxpayers was in the public interest and should not have been discussed entirely behind closed doors. Johnston, Farkas speak On Tuesday, midday, Johnston told media, “I apologize for breaking the rules.” “But I would do it again if I felt I was in a position of choosing between what was right and what was a rule built to contain narratives,” he said. Johnston said going forward, “I will go into closed sessions, but if I see things are becoming unethical, I’ll just leave.” Johnston said while he can apologize to taxpayers and council, “At some point, we as a council have to apologize to the taxpayers as well.” Farkas also spoke to media midday Tuesday, saying, “We need to build justice.” “Here in Alberta, we need to send a strong signal that no one person, any politician, should be held above the law,” he said. Farkas said he understands “that the individual at the centre of it has made statements that suggest that they’re going to continue to leak the private information of Calgarians.” Farkas called that “a major concern.”
