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Complaint against premier dismissed
Roland in conflict, but did so in good faith, report says

Andrew Livingstone
Northern News Services
Published Monday, November 2, 2009

SOMBA K'E/YELLOWKNIFE - Premier Floyd Roland has been found in conflict because of his relationship with a legislative assembly clerk last year, but adjudicator Ted Hughes has dismissed the complaint because he found the premier's error in judgment was made "in good faith."

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Floyd Roland: Premier found in conflict but complaint dismissed because error was made "in good faith.

The 38-page report, tabled by Speaker Paul Delorey in the legislature late Friday afternoon, states that while Roland had been in a conflict of interest, he "had an appreciation of the error he had made."

Hughes found Roland "had failed to maintain public confidence in his integrity, objectivity and impartiality" by entering into a relationship with Patricia Russell, principal clerk of committees at the time. While engaged in her then-undisclosed affair with Roland, a married father of six children, Russell took part in meetings where the regular MLAs formed strategies to deal with the premier and cabinet. Russell and Roland have insisted they never exchanged information about what was said during those committee meetings. Instead, the premier's lawyer, Kathy Peterson, said an unnamed MLA shared insights from those meetings with Roland.

Roland travelled extensively from mid-September to mid-November, when the relationship with Russell "moved from a personal one to one of intimacy," Hughes wrote in his report.

Hughes found Roland's dilemma of disclosing the relationship "comes down to the application of one's own judgment."

"There is neither a book nor a set of guidelines to follow in order to determine when to make the disclosure of such a relationship," Hughes wrote.

During Roland's testimony, Hughes said the premier spoke with sincerity that was "both apparent and real" and acknowledged that "in hindsight he probably should have come forward sooner with his disclosure," allowing Hughes to determine it was an error in judgment made in good faith.

The affair between Roland and Russell became public last November, causing great concern and a loss of confidence among a majority of regular MLAs in the premier's ability to do this job. Calls for the premier's resignation came in mid-December, but Roland did not step down.

Jane Groenewegen, MLA for Hay River, tabled a motion in February this year, calling for the removal of the premier and his entire cabinet, citing the affair as one of the reasons for the motion. The motion was defeated 10 to 8, leading the six complainants to file a complaint with Gerald Gerrand, the territory's conflict of interest commissioner. Gerrand called for the inquiry after finding a conflict had occurred.

Hughes' report comes three weeks after the conclusion of an inquiry, which saw testimony from both Roland and Russell and five of the six complainants: MLAs Glen Abernethy, Dave Ramsay, Wendy Bisaro, Bob Bromley and Jane Groenewegen. David Krutko was also a complainant.

On Saturday afternoon, Abernethy said he had not yet fully digested the report and said he and his colleagues would likely talk about it early next week.

"I've read it and I'm thinking about it and what I think it means," Abernethy said, adding he hopes residents interested in the report take the time to read it for themselves.

Drew Williams, Roland's press secretary, said the premier is likely to address the report once it has been debated in the house. Hughes' report still has to be accepted by members of the assembly within 15 days of it being tabled. MLAs may choose to vote down the recommendation of dismissal and seek other action.

The cost of the inquiry is expected to be tabled in the legislature before the end of the year.

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