At Tuesday’s Tantramar council meeting, Councillor Bruce Phinney made his case for the release of a consultant’s report looking into allegations of bullying and harassment in the Sackville fire department, but his motion was defeated in a 7-2 vote.
The report at the centre of Phinney’s request was commissioned in April 2021 and completed in the fall of that year. Although the consultants made a presentation on the findings to council and to firefighters, former Sackville CAO Jamie Burke didn’t release the report, or any portion of it, publicly.
Phinney told council that he asked for a copy of the 20 recommendations made by the consultants, but was told he could not have it. “Why? I don’t know, I have no idea,” said Phinney. “But I feel that we need to see the report to understand exactly what was going on there, then to determine who was being charged, accused of whatever.” Phinney says he continues to hear complaints from firefighters he speaks to, but didn’t offer up specifics. “We need to nip this in the bud,” said Phinney. “We cannot continue to have a toxic environment for [firefighters] to work in. And it’s our duty as members of council to turn around and make sure that we protect the people that are there.”
Mayor Andrew Black took issue with Phinney’s phrasing. “We don’t know that there’s a toxic work environment,” said Black. “It is slightly accusatory to say that there is.”
Phinney’s motion to authorize the release of the report was seconded by Councillor Debbie Wiggins-Colwell, who said she was concerned about the possible implications that unresolved workplace issues could have on the other fire departments within Tantramar, including her own neighbouring Dorchester Fire Department. “I would like to know what was in the report, or read some of the concerns,” said Wiggins-Colwell. “Just for my own information, and to be able to move forward on this.”
In response to both Phinney and Wiggins-Colwell, Black questioned whether or not council could be sure there were any problems to be concerned about, based on the fact that the report remains secret. “You could easily make the assumption that there are no problems,” said Black. “So since we don’t know the report, we don’t know if there are problems. So making assumptions that there are problems is problematic.”
However when the former town of Sackville commissioned the report in April 2021, a news release explained that the town had received “complaints and expressions of concern involving certain personnel issues within the Sackville Fire Department”. In addition, a number of former firefighters were on record in the media describing the issues they faced in the department. Journalist Bruce Wark published a series of articles based on interviews with firefighters, one of whom also told his story on CHMA back in the spring of 2021. But when Phinney brought up the name of that firefighter, Kevin Scott, he was cut off by the mayor.
“You can’t say names,” said Black, amidst mumbles of concern around the table.
“He went public,” responded Phinney, referring to Scott’s multiple media interviews.
“I know,” said Black. “I would not use that name.”
Confidentiality concerns
Councillor Allison Butcher spoke against releasing the report on the grounds that it contained information from interviews with firefighters who were promised confidentiality. “For those of us who were here, when the report came up, we did not get a copy of the report, but we did get a very thorough PowerPoint presentation with all of the issues,” said Butcher, “without defining characteristics or names there.”
“Confidential means that I’m not allowed, even as a councillor, to hear that Bill didn’t like this about Joe,” said Butcher. “We can hear about the all-encompassing issue, and what will be worked on, and we have requested that we [get an] update on where we’re at with the action items… But to expect that we should get to see something, when we had all kinds of firefighters give their information with the understanding that it was confidential, is really unfair. Because then it is no longer confidential, and they had an expectation of confidentiality.”
Councillor Michael Tower agreed with Butcher on the confidentiality question, and highlighted the idea of a follow up presentation, going through the 20 recommendations to find out where they stood. Wiggins-Colwell also seemed to support the idea.
“How many of these 20 recommendations have been followed through?” asked Wiggins-Colwell. “Are they all cleared up? Me coming in new, and not knowing what’s there, I do need to know what the recommendations were… And to know that our fire departments, the other two, Point de Bute and Dorchester, are moving into harmony with the [Sackville] department.”
No councillors moved to amend Phinney’s motion, or separate the request for the release of the recommendations.
In the end, just Phinney and Wiggins-Colwell voted in favour of releasing the report, with six councillors and the mayor voting against.
Considering options
After the meeting, Phinney told reporters he was disappointed in his colleagues, and that he’s considering two remaining options to pursue the release of the report: appealing to the New Brunswick Ombud, and going to court.
Ombud Marie-France Pelletier, who is responsible not only for Right to Information and the Protection of Privacy Act questions, but all complaints from the public about New Brunswick government services, has weighed in previously on a denied request for the release of the report. In April 2022, Pelletier denied an appeal from journalist Bruce Wark asking for the release of the document. But Phinney is holding out hope his request might appear in a different light, due to his position.
“I’m wondering if I did go to the [Ombud], because I am a councillor, would her decision be any different in relation to me, regardless of how my colleagues voted?” said Phinney after the meeting. “That I don’t know. I have to give it some thought.”
Check out Bruce Wark’s coverage of Sackville Fire and Rescue here. And find previous CHMA coverage here:
