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Inquiry called over premier's affair

Herb Mathisen
Northern News Services
Published Friday, May 29, 2009

SOMBA K'E/YELLOWKNIFE - Premier Floyd Roland will face an inquiry into his failure to disclose an intimate relationship he carried on in secret with a clerk at the legislative assembly.

Gerald Gerrand, the NWT's conflict of interest commissioner, ruled Monday that there were "reasonable grounds to believe that Premier Roland failed to perform his duties of office and arrange his private affairs in the summer and fall months of 2008, as to maintain the public confidence and trust in the integrity, objectivity and impartiality of Premier Roland."

NNSL Photo/Graphic

Premier Floyd Roland will face an inquiry before an adjudicator after a ruling by the NWT's conflict of interest commissioner Gerald Gerrand, Monday. - Herb Mathisen/NNSL photo

What happens next...

With Gerrand's ruling, the matter will now be brought before a sole adjudicator.

The legislative assembly has approved a list of four candidates for adjudicator: Ted Hughes, Robert Clark, David Jones and Robert Halifax.

Adjudicators must be either a retired judge or someone who served in a role similar to that of a conflict of interest commissioner in a Canadian province or territory. The legislative assembly's board of management will decide the adjudicator and will discuss the matter on Wednesday.

The adjudicator decides whether to make the inquiry public or private.

If the adjudicator finds against Roland, he will make a recommendation on what should happen to him. The recommendation is then brought before the legislative assembly, which can either approve or reject the sanctions.

This is the first time an inquiry will be held since the conflict legislation changed eight years ago. "There is no precedence for this," said Tim Mercer, clerk of the legislative assembly.

In February, six MLAs filed a complaint with Gerrand over their concerns with Roland's relationship with committee clerk Patricia Russell, who sat in on meetings with regular MLAs where strategic matters were discussed and Roland was often criticized in discussions that are supposed to be closed to cabinet members.

"Committees and their members are entitled to be served by a (clerk) who has no emotional ties through a secret liaison with a member of the executive council, who is from time to time in an adversarial position to committees and their members," wrote Gerrand in his report.

The matter will now be brought in front of a sole adjudicator, who will be chosen by the legislative assembly.

The adjudicator will decide whether to make the inquiry public or private.

Roland said he was disappointed with the ruling but he will "be there when called upon."

He said he will not stand down as premier during the inquiry.

Roland's costs for legal counsel during Gerrand's investigation were covered by the government.

Roland and Russell both told Gerrand their relationship began in Sept. 2008 and remained a secret until Nov. 16, when Roland informed his wife.

"Key individuals" of the legislative assembly were informed on Nov. 17 and 18, and when summoned for a meeting with legislative assembly clerk Tim Mercer Nov. 18, Russell acknowledged the relationship.

Some MLAs were notified of the relationship by Russell's husband through an e-mail Dec. 2, telling them the relationship began in July 2008.

"Regardless of the commencement date of the intimate relationship between Premier Roland and Ms. Russell, it is clear that it extended in secrecy for a period of some months," wrote Gerrand.

In interviewing nine regular MLAs, Gerrand said all but one told him they thought confidentiality in committee meetings had been breached.

Russell sat in on various committee meetings, including priorities and planning meetings, which Gerrand described as performing "the role of opposition to the executive" where "work dealt regularly with the relationship of the regular members with the premier and members of the executive."

The six complainant MLAs - Glen Abernethy, Bob Bromley, Wendy Bisaro, Jane Groenewegen, David Krutko and Dave Ramsay - sent a letter to Gerrand Feb. 25, noting instances where they believed information was passed to Roland from those meetings.

In one instance, Roland was said to have told Abernethy he "knows everything that's said in that room," referring to the room where regular MLAs meet.

The letter also alleges he told Ramsay he had "information on all of us and he will use it."

All those concerned with the relationship thought Russell couldn't stay on as a committee clerk if the relationship was revealed, stated the report.

Roland and Russell both told Gerrand no information had been passed to Roland and Gerrard wrote he had "no evidence to the contrary."

Two months ago, another conflict of interest complaint stemming from the relationship - alleging the premier receiving benefits to pay for his family home in Yellowknife, where he is no longer living - was dismissed by Gerrand.