| Gordon McAdams ended his 35-year
career as a public servant in British
Columbia in an unusual way.
On his last day at work before taking
early retirement, he was escorted out of his
office. That was after he had been grilled
by the government's top plumber, a former
police officer, who never had such an easy
time finding the source of a leak.
Mr. McAdams, a 55-year old ecologist,
fell afoul of the provincial government,
and became targeted as a risk-management
threat, by filing an affidavit in the Supreme
Court of British Columbia last spring. The
affidavit supported a court action to stop a
minister from doing something it was
alleged he didn't have a legal right to do:
approve a road through endangered
painted-turtle habitat in Grohman Narrows
Provincial Park, near Nelson.
Bill Barisoff, who was then the minister
of. water, land and air protection, agreed to
the road to help a trucking company,
dismissing as secondary the damage that
would be done to turtles.
It seemed a done deal, except that Mr.
McAdams felt that the minister's mandate
was to preserve and protect parks, not
bulldoze them.
So Mr. McAdams went into government
files, found documents that showed the
project would damage turtle habitat and
put it before the courts.
For this, on the verge of retirement, he
found himself across the table from Shaun
Fynes of the Risk Management Branch,
Government Security Office, who reminds
him of the public servant's oath of secrecy.
Mr. Fynes asked how those government
documents came to be attached to the
affidavit.
Mr. McAdams said he dug out the records
one lunch hour after attending a public
meeting in Nelson at which Blair
Suffredine, who was then the local Liberal
MLA, announced the government had
concluded the road was going to "be good
for turtles."
When Mr. McAdams found records
showing the government knew just the
opposite, he knew he had to do something.
Reprinted with permission THE GLOBE AND MAIL
| Technically, the government
dismissed Mr. McAdams for
breaking his oath. In effect, it
penalized him for speaking the
truth.
"I could have gone to the press with it.
I could have gone to the public with it,
probably could have sold it," Mr.
McAdams told Mr. Fynes, according to a
transcript of the interview, provided by
Mr. McAdams.
"Those I would say are not appropriate.
The appropriate way to deal with
this... possible indiscretion to go through
the courts. ... I am not denying anything.
I am saying I did that purposely."
Mr. Fynes: "You weren't devious about
this at all, the way you put them into play
into the public arena through your
affidavit. Forgive me, but I have one
question. Why would you not go back
[after seeing the files] and do a Freedom
of Information Request?"
That seemed a fair enough question.
British Columbia has FOI legalization so
the public can gain access to government
files.
Mr. McAdams told Mr. Fynes he had
filed an FOI request weeks earlier and
had been told he would not get a reply
until long after the government had built
the road.
Well, asked Mr. Fynes, why not then
take your concerns to a deputy minister?
"Unfortunately, and I have got to be
blunt here, I didn't... [have] faith in the
managers,"
Action cost him $50,000, McAdams
estimates
"How do you bring the problem to the
person who is the problem? I felt the
courts was the way to deal with it."
Mr. Fynes thanks Mr. McAdams for his
frank admissions. But it didn't save him
the ignominy of being fired.
"Although you gave stated you are
prepared to take responsibility for your
actions, you have not demonstrated any
sense of remorse," Chris Trumpy, deputy
minister of sustainable Resource
Management, said in a letter of dismissal.
|
"After reviewing the results of the
investigation and considering all relevant
factors, I find that your actions in this
matter represent a serious and
fundamental breach of the employment
relationship.
As a result, your employment with the
Public Service is terminated, effective
immediately."
Because he was fired, Mr. McAdams
said he suffered loss of wages and
pension worth about $50,000.
"It's a substantial penalty,"
said Mr. McAdams, who recently
attended a grievance hearing in a
continuing fight to win back his losses.
Technically, the government dismissed
Mr. McAdams for breaking his oath. In
effect, it penalized him for speaking the.
truth.
When the matter of the turtle road went
before Madam Justice Sinclair Prowse if
the Supreme Court, Mr. McAdams's view
was confirmed - and Mr. Barisoffs
decision to approve the road was set aside
as "an unauthorized exercise of his
statutory power."
There was no penalty for Mr. Barisoff,
who is now Speaker of the House, and no
penalty for the bureaucrats who, seven
months later, still haven't produced the
documents requested under FOI laws
But at least the turtles are safe. Thanks
to Mr. McAdams's costly act of courage.
Note: Shortly after this Nov. 7th article,
Gordon McAdams was awarded with a
financial settlement from his former
employers. He reports that all parties
concerned are happy with the agreement
and he will be enjoying his retirement.
Gordon hopes to avail the knowledge
gained from his work to interested
environmental organizations. He
continued to work with the Nelson City
Council, re-elected with a large majority
on Saturday.
-Elaine Robinson
|