B.C. mayor's 'luxury' trip to Dubai climate conference was against ethics rules: commissioner

New Westminster Mayor Patrick Johnstone is seen at the Local Climate Action Summit in Dubai in this photo from his personal blog. (patrickjohnstone.ca)

New Westminster Mayor Patrick Johnstone's all-expenses-paid trip to Dubai for a climate conference last December violated the city's Code of Conduct for Council Members and the Community Charter, the city's ethics commissioner has ruled.

However, the breach was inadvertent and the mayor acted in good faith both before and after accepting the gift, according to a summary report from commissioner Jennifer Devins.

Johnstone's trip was paid for by C40 Cities, an organization that describes itself as "a global network of mayors of the world’s leading cities that are united in action to confront the climate crisis."

Devins' report notes that New Westminster is not a member of the group and Johnstone was under no obligation to accept its invitation to attend the Local Climate Action Summit at COP28 in Dubai on Dec. 1 and 2 of last year.

Despite this, the ethics commissioner concluded that the mayor's attendance at the conference fell within an exception allowing gifts or personal benefits "received as an incident of the protocol or social obligations that normally accompany the responsibilities of office."

"The respondent’s attendance at the conference was consistent with taking action in furtherance of the city’s 2019 (climate emergency) declaration and commitment," Devins' report reads.

"I separate, however, the respondent’s attendance at the conference (and any associated waiver of conference fees) from the meals, travel, and lodging associated with attending at the conference."

These benefits, according to the ethics commissioner, constituted gifts in breach of the code of conduct and Community Charter.

"The respondent was provided with luxury travel (business class flights) and accommodations," the report reads. "The level of luxury suggests that attendance was more of a personal benefit than the fulfillment of a social obligation."

Devins' report goes on to note that Johnstone "took steps to investigate" whether the conference would provide a benefit to the city before he accepted the invitation.

He did not hide his participation in the conference and – when city councillors expressed concern about the trip after his return – he sought legal advice about whether the trip constituted a gift and whether the exception about social obligation would apply.

"Upon receiving advice to file a disclosure statement, he immediately did so," the report reads.

Having concluded that Johnstone's breach was inadvertent, the ethics commissioner chose not to sanction him, but did recommend that he receive "training or coaching in the relevant provisions of the Community Charter."

"Such training or coaching should include identifying when an offer may constitute a gift or personal benefit and what gifts or personal benefits may fall within the exclusions of Section 105," the report reads.

"Council may determine that such training would be beneficial for all Council members in order to avoid any similar issues in the future."

Mayor responds

In a memo to city councillors dated Oct. 24, Johnstone wrote that he agreed with "the bulk of the findings" in Devins' report.

"I think the summary report provides a clear outline of the concern raised and fairly describes my actions," the memo reads. "I fully support the recommendation made by the ethics commissioner."

Johnstone's memo goes on to recount the commissioner's findings that he acted in good faith and was transparent, but makes no mention of the commissioner's criticism of his luxury travel and accommodations.

The mayor wrote that the coaching Devins' recommended should be provided to all councillors, citing a motion requesting that the ethics commissioner hold a workshop on the code of conduct that council adopted in January of this year.

"I wish to commend the work the City of New Westminster’s new ethics commissioner has done to develop and oversee this resolution process, and the diligence shown in outlining the complexity of legal interpretations around Section 105," the memo concludes.

"I am proud of the work the City of New Westminster has done to update our code of conduct and empower an arms-length ethics commissioner to provide accountability and transparency to the public."

Civic party calls for return of funds

Councillors Daniel Fontaine and Paul Minhas – both members of the civic political party New West Progressives – filed the complaint against Johnstone that led to Devins' report.

Earlier this week, the party issued a news release criticizing the mayor's judgment and calling for him to repay the cost of travel, accommodations and meals, which it asserted was about $15,000.

"Given this serious breach of the code of conduct and the Community Charter, Mayor Johnstone should be asked to repay the funds to the foreign-based organization, and if that is not possible, the mayor ought to donate the cost of the trip to a local New Westminster charity," the party said.

Party president Karima Budhwani also pointed out that Johnstone has been on New Westminster city council for more than a decade, claiming that Devins' recommendation shouldn't be necessary.

"The ethics commissioner says the mayor should now 'receive coaching or training' around the rules, something a 10-year member of council shouldn't need," Budhwani said, in the release.

"New Westminster residents expect their mayor to know the rules and to do the right thing."