White Rock Coun. Erika Johanson鈥檚 interactions with city staff raised legitimate concerns of bullying and harassment, according to an independent third-party workplace investigation commissioned on behalf of the city.
The review report, by Pamela Connolly of the Ukrainetz Workplace Law Group, is included in a petition response and affidavits 鈥� filed by lawyers for the City of White Rock Friday 鈥� in response to the petition filed by Johanson to the Supreme Court of BC.
Johanson claims she was penalized unjustly, following allegations last year that she bullied and harassed city staff. The allegations relate to Johanson鈥檚 questioning of staff (including former director of financial services Colleen Ponzini) about departmental budgeting procedures and information gathering processes, and her criticisms of the answers she received.
The original petition, filed on Johanson鈥檚 behalf on Sept. 1 of last year, asks that the court order a July 7 decision by Chief Administrative Officer Guillermo Ferrero 鈥� blocking her direct access to staff 鈥� set aside, under the Judicial Review Procedure Act.
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Connolly said in her report that she found Ferrero鈥檚 account credible, and that his actions were reasonable.
鈥淚 find that Mr. Ferrero had a reasonable basis to assert鈥hat Councillor Johanson had engaged in workplace bullying and harassment鈥e had sufficient information to believe that Councillor Johanson鈥檚 behaviour met the definition of personal harassment in (the city鈥檚) Respectful Workplace Policy.鈥�
Connolly also said she had not received any information that would suggest Ferrero鈥檚 accusations were made with 鈥渁ny sort of malicious or improper intent.鈥�
鈥淎s such, I do not substantiate Councillor Johanson鈥檚 complaint that Mr. Ferrero engaged in workplace bullying or harassment by mischaraterizing her communications as bullying and harassment.鈥�
Connolly鈥檚 report also notes that, by the time of Ferrero鈥檚 July 7 decision, former director of financial services Colleen Ponzini had taken a medical leave, and has since left the city.
鈥淣umerous employees, including (municipal operations and engineering manager) Jim Gordon, (planning and development services director) Carl Isaak and (planning manager) Greg Newman, were showing signs of stress because of communications from Councillor Johanson,鈥� she said.
Both Newman and Isaak have also since left city staff.
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Johanson said on Monday the investigation was 鈥渃learly not independent.鈥�
鈥淚t was paid for by a lawyer and done by a lawyer,鈥� she told Peace Arch News.
鈥淚t鈥檚 a he-said, she-said thing, and it鈥檚 going to be thrown out 鈥� I have that both from my lawyer and the office of the Ombudsperson.鈥�
The decision used a standing council policy to forbid direct communications between Johanson and city staff members, other than Ferrero.
Johanson said she had read Ferrero鈥檚 initial report but found it difficult to follow.
鈥淚t鈥檚 all innuendo, and making statements without tying them to particular emails,鈥� she said
Johanson has claimed that she was not presented with details of allegations against her and was given no opportunity to answer them, although Ferrero recalled that she had declined to participate in a number of in-person meetings.
Connolly said that 鈥渄espite efforts to schedule an interview with Councillor Johanson, she ultimately refused to meet鈥� during the investigation.
Connolly said, however, that she had met with both Ferrero and Ponzini for their accounts, had received supporting documentation from both, and found both credible.
鈥淚 was unable to assess Councillor Johanson鈥檚 credibility because I did not have an opportunity to conduct her interview,鈥� she said.
Johanson countered that she did not participate because the questions were not given in advance, and she was not able to answer them in writing, adding that she expected to have been able to respond both verbally and in writing.
In the petition response lawyers for the city argue that Johanson鈥檚 petition 鈥渄oes not plead sufficient facts to bring the case within the purview of the Judicial Review Procedure Act.鈥�
They also note that Johanson鈥檚 petition 鈥渃ontains no allegations or analysis to identify how any legal right of the petitioner was adversely affected.鈥�
The response also includes affidavits from Ferrero and some 100 pages of emails sent by Johanson to staff, and their answers.
alex.browne@peacearchnews.com
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