Radio NL has learned that for months, Mayor Reed Hammer-Jackson has been the subject of an investigation into alleged harassment and bullying in the workplace conducted by a Vancouver firm hired by the city.
The allegations by four non-political City Hall employees were referred to Terry Honcharuk, an attorney and senior partner at the firm The Integrity Group. Radio NL has chosen to protect the identity of the complainants in the case.
“All we can say at this time is that the municipal corporation has been forced to take extraordinary steps to protect certain staff members from continued harassment and a hostile work environment by an elected official,” Kamloops Deputy Mayor to June, Mike O’Reilly told NL News.
“Rest assured that we are working diligently and consistently to protect the Municipal Corporation and every single Kamloops taxpayer in the face of these very difficult circumstances created by an elected official.”
The need for an outside investigation was first raised by Colleen Quigley, the city’s director of human resources and safety, and the decision to contract The Integrity Group for the purpose was authorized by a resolution passed behind closed doors by the council.
On its website, The Integrity Group describes itself as “a consulting firm of attorneys specializing in the prevention and resolution of workplace conflicts such as sexual and other harassment and discrimination, harassment and other workplace violations, including violence.”
Integrity Group also specializes in “Drafting and reviewing corporate policies, independent investigation of all workplace conflicts, including complaints of harassment and discrimination, harassment and violence in the workplace; and Conciliation services, including mediation and external ombudsman services.’
The mayor contacted for an investigation in February
Correspondence between the investigator and Hamer-Jackson’s attorney David McMillan, obtained by NL Newsday, states that Hammer-Jackson was first interviewed in connection with the investigation on February 23, 2023, and that interviews conducted by Honcharuk were completed by April 3, 2023
The documents also reveal a lengthy conversation between the investigator, the mayor and his attorney about Hammer-Jackson’s alleged refusal to be interviewed or participate.
An email from McMillan to Honcharuk dated May 5, 2023 refers to a telephone conversation with Honcharuk dated March 2, 2023.
“In this conversation I have raised a number of questions and concerns that you have not addressed. I assumed (wrongly) that you would provide enough information about your investigation that would allow my client to make informed decisions about his involvement. I want that information now.”
McMillan continues, “First, please name the person who is leading your investigation and providing instructions on behalf of the City of Kamloops. Given that the ‘complainants’ are (complainant C) and three subordinates, it is important for my client to understand how and to whom the alleged complaints were raised. It is also important for him to know what authority (if any) exists to adjudicate on the appeals in question.’
“Second, in your initial letter to the mayor, you emphasized the highly privileged and confidential nature of your investigation and your intent to subject him to confidentiality obligations. In this regard, please advise whether you have received an NDA (Non-Disclosure Agreement) from the applicants or whether any form if the Confidentiality Agreement has been circulated between the parties for signature. If not, please confirm that you and the other attorney involved in this matter will undertake your professional obligations to protect the confidentiality of any statements or information my client may provide, and prohibit the distribution or use of such statements or information from any party for any purpose other than your investigation.
Honcharuk responded in an email dated May 9, 2023.
“In relation to the criminal delays, I note that I first contacted Mr Hammer-Jackson about this investigation on 23 February 2023 and on 3 April 2023 I advised him that I had concluded my interviews with the complainants and I asked you to schedule an interview with me. On April 4, 2023, I confirmed with Mr. Hammer-Jackson that he would receive a summary of the charges once he scheduled this interview.’
Honcharuk continues “Mr. Hammer-Jackson asked me to email you, but didn’t provide me with any contact information, so I asked him for this. On April 17, 2023, I again sent a message to Mr. Hammer-Jackson requesting this information, which he had not sent me; I received the information on April 18, 2023.”
“I emailed you on April 21, 2023 to confirm, among other things, that I had been retained by the City through its legal counsel (as I had advised you during our telephone conversation on March 2, 2023) and also so I notified you of the names of the complainants who alleged illegal and/or inappropriate behavior on the part of the mayor.’
Honcharuk wrote: “I always strive to move investigations along in an efficient and fair manner and I believe the above timeline reflects that (as well as the fact that any alleged delays are caused by either Mr. Hammer-Jackson or yourself) .”
On the issue of confidentiality, Honcharuk says “With respect to professional undertakings, NDAs, etc., my practice follows well-established and widely accepted standards that apply to workplace investigations and includes requiring and obtaining from participants their commitment to all matters related to the investigation are confidential. This applies equally to all participants, including your client. I do not use NDAs in my workplace investigations and see no reason to change that approach in this matter.”
He continues: “As to the specifics of the allegations, I have been advised by Ms Quigley that the Mayor has been advised of the general nature of the allegations against him (and of course he knows who the complainants are).”
Honcharuk ends with a warning.
“Accordingly, I look forward to receiving, by the close of business on Friday 12 May 2023, your written advice as to whether or not Mr Hammer-Jackson agrees to be interviewed, I will conclude this investigation based on of the evidence available to me. Your customer is again encouraged to participate and provide their information on the events.’
The deadline seems to have come and gone.
The mayor’s attorney replied on May 22, 2023.
The response, which was reviewed by Radio NL, states that the mayor’s participation in the investigation will be subject to assurances that any “facts or statements he may provide in an interview will be kept strictly confidential,” McMillan also wrote “as I have previously informed you that he (Hammer-Jackson) rejects as absurd the suggestion that he should agree to such an interview before being given any particulars of the charges brought against him by the complainants.”
McMillan’s email goes on to state that “The Mayor has had no dealings, personal or otherwise, with (Complainant A) and (Complainant B). He did not violate the personal or professional boundaries of either of them. Based on second-hand information, he believed that both claimed to have been traumatized by a scream that was initiated one day by an aide in the mayor’s private office. He has no further information to offer and denies having engaged in any illegal or inappropriate conduct in relation to (Applicant A) and (Applicant B).
The mayor’s attorney also argued that the other two complainants are senior city officials and went on to say, “The mayor is prepared to state under oath if necessary that the allegation that he is guilty of a campaign of ‘harassment (sic) and harassment ” vs. (Applicant C) is pure fiction – motivated apparently by (Applicant C)’s assessment of the extent of damages (Applicant C) could recover if (Applicant C) had a valid cause of action.”
McMillan concludes: “As I indicated earlier, the Mayor would prefer to deal with any allegations of this nature in a court of law where appropriate procedural rules apply and there is a right to have recourse to costs,” he says. “Be assured that I have some experience in bringing claims for punitive damages and special costs where appropriate, as reflected in a number of reported decisions. However, if you feel that something significant is coming out of your investigation, please feel free to let me know accordingly.
Counselors are not dedicated to the investigation to maintain independence
Sources told Radio NL that in order to preserve the independence of the investigation, councilors were not privy to any information about the investigation while it was ongoing.
The final report from Honcharuk and The Integrity Group was received by council in camera on Tuesday 13 June 2023.
Separately, the mayor filed a defamation and defamation lawsuit against City Councilwoman Katie Neustetter on June 12, 2023. The lawsuit centers on a statement made jointly by the council that was read by Neustetter at a press conference on March 17, 2023.
At that press conference, the council claimed, among other things, that the mayor was violating personal and professional boundaries.
The lawsuit claims the wording of the joint statement suggests sexual misconduct on the part of the mayor, who commented to Radio NL last week that he had been attacked by members of the public calling him a “pervert”.
None of the allegations contained in the libel and slander suit have been proven in court.
Asked for comment about the workplace investigation, City Councilman Mike O’Reilly said it was not related to the lawsuit filed by the mayor, nor to the privacy violations when Hammer-Jackson took documents home to staff. The Office of the Information and Privacy Commissioner (OIPC) has opened a file looking into this privacy breach.
O’Reilly says the city has a duty to investigate allegations of workplace harassment.
“This city needs to do this to meet its legal obligations and avoid potential legal claims,” O’Reilly said. “The costs of these legal claims, which would ultimately be very significant monetary liabilities, will ultimately be borne by the taxpayer.”
Reached for comment by Kamloops this week, Hamer-Jackson said he could not comment on matters related to closed in-camera information.
“I would be violating privacy,” he said. “I can’t comment on anything that would be closed [meetings]. If other people want to, that’s fine, but I can’t,” Hammer-Jackson said.
He also declined to comment or acknowledge the existence of a workplace investigation, telling iNFONews that there were “many” closed-door meetings in which he was not involved.
“As you know, we’ve had a lot of leaks,” Hammer-Jackson said. “I think it’s going to be a human resources issue and I think it’s going to happen in closed[councilmeetings”[заседаниянасъвета“[councilmeetings”
“If there was anything closed, I wouldn’t be able to talk to him anyway.”
– With files from Paul James and Victor Kaisar