Kamloops mayor snubs FOI request; city says it’s powerless

The mayor of Kamloops continues to ignore a months-old Freedom of Information request, and city staff say they can’t wrangle the records from him.

Three-and-a-half months after it was filed, city staff told iNFOnews.ca the mayor’s emails and text messages can’t be provided without his consent, leaving the city and BC’s privacy commissioner powerless to compel their release.

A Nov. 20 letter reads, in part, “…the city cannot compile the potentially responsive records without the mayor’s cooperation, which, to date, has not been forthcoming.”

Filed in early August, iNFOnews.ca sought a collection of emails and text messages from earlier in the summer. None have been provided so far.

Mayor Reid Hamer-Jackson has a history of breaching privacy laws, but it’s often due to sharing private information. That includes sharing confidential information in council meetings, his attempt to add a slideshow to a business gala speech or leaking a workplace investigation report.

This time, city staff said he has repeatedly ignored a request for records. Hamer-Jackson, meanwhile, said he provided the records to a city councillor months ago.

Asked about the outstanding request and refusal to provide the records, Hamer-Jackson said he gave them to Coun. Margot Middleton “on time.” He then said instead of going through city staff, as would typically be the case, he would provide the records directly to iNFOnews.ca, with a condition.

“Print the story, because then it’s out there what they stated. Then, after that, I will send what I sent (Middleton),” he said.

Middleton declined to comment.

City lawyer Denise McCabe sent a letter to iNFOnews.ca in September, after the 30-day Freedom of Information deadline.

Staff gave themselves another 30 days to keep asking Hamer-Jackson for access after already making “repeated requests,” while acknowledging BC laws don’t normally allow for an extension simply because an elected official refuses to cooperate.

“The city wishes to reiterate that it is doing everything within its power to obtain the requested records and disclose them in accordance with its obligations under (the Freedom of Information and Protection of Privacy Act),” the letter reads.

The emails and text messages are contained on both Hamer-Jackson’s personal phone and email addresses, along with his city-provided phone and email. According to the letter, the city cannot compel him to hand over access to his personal accounts.

On Nov. 24, the Office of the BC Privacy and Information Commissioner said the city has no control over Hamer-Jackson’s personal text messages and emails, whether or not he uses them for city business.

While the city IT department does have access to his city-provided email address, they cannot search his emails without consent, according to city staff.

The city’s privacy officer Stephanie Nichols said the staff are aware Hamer-Jackson sent at least some records to Middleton. While it’s not clear why Middleton didn’t pass them on, Nichols said staff made “numerous” efforts to get them from Hamer-Jackson.