Former reeve shared confidential information

A Manitoba Ombudsman report says former RM of Cornwallis reeve Sam Hofer violated the Municipal Act and sheds new light on what happened before he resigned earlier this year.

The report, released to the public last week, found Hofer was in violation of the act for discussing confidential information from a closed meeting with a member of the public.

The ombudsman interviewed Hofer, the chief administrative officer at the time, some members of council and the complainant, among other people, as part of the review.

“The failure to keep in confidence a matter that is discussed at a meeting closed to the public … is a serious matter,” the ombudsman report said. “So serious that, if a council member discloses information from such a closed meeting, it results in their disqualification from office.”

Council received an initial report from the ombudsman last fall, and on Oct. 17, 2024, called on Hofer to resign. Hofer refused, and councillors later voted to suspend him. Hofer appealed the decision and returned to his duties while awaiting the outcome of the appeal.

He resigned in April, citing a lack of support from other councillors and “fundamental differences in values, priorities and approaches to governance” as the reasons for leaving his position.

Hofer spent 23 years on council, becoming reeve in 2022.

The report said the ombudsman received a complaint in February 2024 about an incident that had its origins in a closed council meeting on May 15, 2023. The only people present at the meeting were the five members of council and the then CAO.

During the meeting, a council member brought up a personnel issue and the CAO advised council about personnel matters, the report said.

Jordan Willner was listed as CAO in the minutes of the May 2023 meeting.

Following a June 1 committee meeting, the CAO gave council an update on personnel matters, including names, advising council that the topic was confidential, the report said. Hofer asked the CAO for specific information regarding personnel, which the CAO said he would get back to the reeve on.

On June 8, the CAO provided Hofer with the information through an email.

“Since this email dealt with a matter raised at a closed session of council, there was an expectation the information contained in the email was confidential,” the report said.

“The complaint to our office included that another ratepayer who is not a council member had information about the matter discussed in a closed session,” the report said. “The complainant asserts the only way the ratepayer could know about this matter, is if the reeve discussed a matter raised in a closed session of the RM council with them.”

The report said the reeve, over a two-week period, sent several text messages to an individual referring to the personnel information shared at the June 1, 2023 closed council meeting.

“Sharing the confidential information, which was received in a closed session of the RM council is, in itself, a violation of the confidentiality provisions of a closed session of the RM council.”

Hofer told the ombudsman that the discussions happened during open sessions or after meetings had ended, with members of the audience present, and that the ratepayer likely heard about it all at that meeting, the report said.

Under the Municipal Act, Hofer was found to be disqualified from office, which is why council urged him to resign last year after receiving the initial report.

The report also recommended that council and the CAO receive training on their responsibilities, including how a closed meeting functions, and issue a formal apology to the complainant.

Current Acting Reeve Terry Ross, who was deputy reeve until Hofer resigned, said council has already issued an apology and is in the process of scheduling the training.

He said being an elected official means you have to make decisions on behalf of the people you represent, and do so responsibly.

“When you become a public servant, you have to take your responsibilities to heart,” Ross said. “There are rules, legislated guidelines that you have to follow, and you just can’t act unilaterally. You have to follow the guidelines that are set out for you.”

The Sun asked what the municipality will do to ensure rules aren’t broken again.

Council gets training when they’re elected, and “following the recommendations of the ombudsman is actually one of the things that we are taught to do,” Ross said.

“If somebody wants to be a bad actor, they’re going to be a bad actor. You can’t control what somebody else does.”

Ross said he’s “glad” the report is public now, and people can read it and make up their own minds about the situation.

A spokesperson from the provincial government said “there is nothing barring the former reeve from running again in the next election.”

Even though the recommendation for sanctions was upheld, it “does not exclude anyone from participation in the democratic process, and so he can run,” the spokesperson said.

Hofer did not respond to a voicemail left on Wednesday.

» alambert@brandonsun.com, with files from Abiola Odutola