B.C. legislature clerk retires; report says benefits wrongly claimed

Both James and sergeant-at-arms Gary Lenz were suspended last November amid allegations of receiving improper benefits and expensing spending on personal items, which they have denied.

McLachlin’s report found four of five administrative allegations against James were substantiated, while she said Lenz did not engage in misconduct. Farnworth says Lenz will remain on paid leave.

McLachlin says James engaged in misconduct in expense claims for suits, luggage and a private life insurance premium for himself.

Her report says he engaged in misconduct by directing the creation of three benefits for his personal advantage: the 2012 retirement benefit, the 2018 resignation benefit and the death benefit proposed in a 2017 letter.

She says James also took alcohol from the legislative precinct without accounting for it and kept a wood splitter and its trailer under his personal control, in the face of clear consensus that there is no reason for the equipment not to be at the legislature.

McLachlin’s report only looked at the administrative allegations made by Speaker Darryl Plecas in a report he released in January.

The Speaker alleged that Lenz and James engaged in inappropriate spending on personal items and foreign trips. His report also alleged inappropriate vacation pay outs and retirement allowances.

James said in a statement that he has been in public service for more than four decades and has fond memories of his time at the legislature, but he has now “had enough.”

“I have been publicly ridiculed and vilified. My family has been deeply hurt and continues to suffer humiliation. In an effort to put an end to that, I have decided to retire, and reach a settlement with the legislative assembly,” he said.

He added that when the allegations were disclosed to him, he provided detailed written submissions and supporting documents to the legislative assembly, but many of them are not referred to or addressed in McLachlin’s report.

“I believe the public has a right to see those submissions and documents, so they can know and understand the whole picture and judge the truth of these matters for themselves,” he said.

Lenz did not immediately respond to McLachlin’s report but he had scheduled a news conference.

Plecas said he was happy with the conclusions of the report.

“I think it says that the issues I had raised were accurate. I mean, of course, it’s not everything. But I’m reminded that her terms of reference were very narrow. So there’s a number of things which weren’t considered.”

An RCMP investigation continues with the help of two special prosecutors.

Farnworth said he expects a motion to go before the house to create an all-party committee to find a new legislature clerk.

“It will be an open competition and it will require unanimous consent of the committee and of the house,” he added.

Farnworth told the legislature that McLachlin noted several policy areas that it needs to consider. The three party house leaders accepted all of her recommendations and Farnworth said he has tabled a status report detailing “considerable efforts” already undertaken by staff to address those issues.

McLachlin’s report says there was a lack of clarity over who had the authority for the administrative matters at the legislature. Legislation indicates the office of the Speaker has control, but in practice the clerk seems to hold that authority, it says.

The report says vacation entitlement policies and practices, expenses, travel and benefits all need to be clarified for staff, and the legislature may also want to put a formal policy in place for the management of alcohol purchases.

Dirk Meissner, The Canadian Press

by Canadian Press

B.C. legislature clerk retires; report says benefits wrongly claimed

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