Barrhaven councillor Jan Harder violated city’s code of conduct: integrity commissioner

Ottawa’s integrity commissioner says Barrhaven city councillor Jan Harder violated the code of conduct, adding that she should lose her chair on the city’s planning committee for the rest of this term of council as a result.

In a report to city council, the commissioner says that Harder should also have her pay docked for 15 days, it was revealed Friday.

A member of the public had filed a formal complaint alleging a “triangular” employment relationship between Harder, her assistant and a local professional planner, causing a real or apparent conflict of interest.

The complaint said this relationship provided an advantage to The Stirling Group.

The planner was named as Jack Stirling, president of the Stirling Group, in the report, as well as Alison Clarke — daughter of Jack Stirling who also serves as the councillor’s assistant.

The commissioner started his inquiry on October 7, 2020. However, due to the pandemic, interviews of the complainant, respondent, witnesses and a subject matter expert were conducting virtually.

Hundreds of electronic records, including e-mails and document pertaining to related planning applications filed with the city.

The report details that Stirling and Harder had known each other for over 20 years when they were both working for the City of Nepean and Jack was the planning commissioner.

After running into Harder in early summer 2017, Clarke was encouraged to submit her resume for a position as a planning assistant that had opened up in Harder’s office.

Clarke worked for Harder from August 14, 2017 to July 20, 2018.

“Ms. Clarke worked for the Office of [Coun.] Harder as an employee and as a contractor, through her employment with [The Stirling Group],” the report outlines.

First, Clarke's position was as an employee, then she was contracted through TSG from November 1, 2018 to October 31, 2019 and then again contracted through TSG from March 1, 2020 to February 28, 2021.

The office of the councillor retained the services of TSG under two separate contracts.

The first contract was for a one-year period at a monthly rate of $3,000 (for a total of $36,000).

The second contract, which came about three-and-a-half months later, was another for about a year at the same monthly rate and total.

“Following a preliminary review of the information submitted, the integrity commissioner determined that the complaint was not frivolous or vexatious,” the report says.

The integrity commissioner’s report will to go city council on Wednesday.