Case Summaries 2011-2012

Allegation of gross mismanagement

It was alleged that a single public servant was responsible for gross mismanagement for making an organizational change relating to internal accountability, reporting inaccurate financial information, hiring staff without professional qualifications and making a particular decision. The matter was referred for investigation to a senior official.

The investigation established that all of the decisions at issue were the result of input and analysis from many public servants approved through ordinary channels. With respect to the allegation of inaccurate information, the investigation established that the information was prepared in accordance with established criteria and scrutinized by three different levels of review, including a level that was external to the organization. With respect to the allegation about hiring, the position, as evidenced by the job descriptions, did not require professional qualifications.

The Commissioner accepted the findings of the investigation and concluded that there was no basis to make a finding of wrongdoing within the meaning of the Act.

Allegation that the actions of a public servant created a grave danger to the life, health and/or safety of a person

It was alleged that a public servant knowingly created a grave danger and was responsible for communicating misleading information to prevent an individual in care at a provincial facility from receiving proper assistance. The matter was referred for an investigation. The investigation found that the allegations made in the disclosure were not substantiated. The Commissioner was satisfied with the findings and closed the file.

Allegation of an improper investigation

It was alleged that a prior workplace investigation did not meaningfully address the alleged improper conduct of a former public servant. No particulars regarding the conduct were provided or available. The matter was referred to determine on a preliminary basis whether there had been a previous investigation about the conduct of the public servant in question. The preliminary investigation conducted as a result of the referral indicated that the conduct of the former public servant had not been the subject of any investigation, so there was no basis for the Office to take further steps. The Commissioner was satisfied with the response and closed the file.

Allegation of improper conduct (Commissioner’s investigation)

In relation to an ongoing investigation by the Commissioner (now concluded), it was alleged that a public servant acted improperly in relation to specific decisions. The Commissioner concluded that the conduct was explained by a lack of policy clarity within the Ministry regarding the program area, and not improper conduct. These issues continue to be addressed by the Minister, and the Commissioner receives updates about progress.

Other specific allegations were made that cannot be disclosed in order to protect the identities of those involved with the disclosure. These allegations were considered in the course of the Commissioner’s investigation and were not substantiated.

Allegation about manipulation of attendance figures

It was alleged that attendance tracking figures were manipulated to improperly benefit a particular group of public servants. The matter was referred for investigation. The allegations were not substantiated. The Commissioner accepted the conclusions of the investigation and closed the file.