Councillor Marni Fedeyko has announced that emails which include confidential information are being circulated anonymously. She has filed a formal complaint with the RCMP.
"These emails are extremely defamatory against me and are a threat to my career, both as a councillor and as a real estate agent as well as criticizing my parent advocacy," she stated on social media today.
In the post, she states that only the town administration and town council are privy to confidential information.
Fedeyko is asking those who have received one of these emails to contact her.
Less than a week earlier, the town released one of the investigations on Fedeyko, something she had been seeking. It provided only a fraction of the transparency she seeks on the town investigations into her conduct that have taken place since April 2023.
On Oct. 4, Councillor Fedeyko asked three things of Town CAO Mike Derricott. She sought the release of all of the investigations, public disclosure on how much the town has spent on the investigations, and a timeline for when she can once again speak directly to town staff.
The eight-page executive summary of an investigation completed by Ashley Christie, of McLennan Ross LLP, details the allegations, nature of the inquiry, investigative procedure, and the findings and analysis of an Occupational Health & Safety (OH&S) workplace complaint filed against Fedeyko for displaying harassing behaviour on January 23, 2024
The investigator found Fedeyko to have more likely than not engaged in hostile physical posturing towards the complainant, other town staff and council members, and engaged in improper and inappropriate conduct within the town workplace.
It's something that rises to the level of bullying and harassment for the purpose of legislation, the town's workplace policies and at common law, states the report.
"Overall, my findings support that the respondent displayed repeated instances of poor judgment in the context of her dealings with the complainant and others, and a pattern of behaviour that reflects poorly on her position and role as an elected official for the town."
The report includes the disclaimer that the findings were limited by a lack of evidence, particularly with regard to the text and email communications and video footage of various meetings and could be subject to change should additional information come to light.
The complainant said Fedeyko used rude and offensive gestures on at least two occasions during meetings, glared, rolled her eyes and providing inappropriate social media and email responses on issues the complainant addressed with council.
The person complained of Fedeyko's notice of motion for a vote of confidence on the leadership of CAO Mike Derricott, and how she stormed out of the meeting when it was being discussed. Fedeyko had anticipated tabling the motion to be debated at the Oct. 10 council meeting and was caught by surprise when it was debated at the Sept. 25 meeting.
After deliberating incamera for over three hours on Oct. 2, council found Fedeyko to be in breach of section 8.2 of the code of conduct.
That section reads, "Members shall treat one another, employees of the municipality and members of the public with courtesy, dignity and respect and without abuse, bullying or intimidation."
Council expressed disappointment in her behaviour, the impact it had on staff, and the unnecessary allocation of resources. Its motion stated her behaviour exposed the town to unnecessary risks.
The motion of censure called upon Fedeyko to "cease the inappropriate behaviour immediately and conduct herself in compliance with the code of conduct bylaw and appropriate workplace decorum."
Still left tangling is a request to have all the investigations released, and how much the town has spent on the investigations.
"Are they (town council) willing to disclose how much these pursuits have cost taxpayers?" says Fedeyko, "Clearly the cost has been significant, and I challenge them to be transparent and disclose this amount."
Whether that information is released is up to town council, CAO Derricott explains.
Fedeyko has spent over $65,000 to defend herself since the investigations began. It amounts to about 1 1/2 year of her wages as a town councillor. Those costs will continue to rise as she continues to engage legal counsel.
"Paying lawyers is not cheap, and it's certainly not something that I ever anticipated having to pay out of my own pocket, but I chose to go that way because I thought it was important to protect myself."
Maintaining she has not broken the code of conduct, Fedeyko believes the investigations are an effort to silence a voice for transparency, openness, and accountability,
"I understand that people can bring complaints, but in my case, this has been ongoing for a year and a half of my life, and that takes its toll on you professionally, personally into ways that they think that this should have been handled in a million different ways on a million different avenues that didn't have to involve long running investigations, a bunch of incurring legal bills and keep in mind the town has had to spend that as well on hiring people to do investigations. Legal is not cheap by any stretch of the imagination."
CAO Derricott has confirmed that Fedeyko will be unable to speak with anyone on town staff other than through him at council meetings until she completes harassment training.
He says instances of confirmed harassing behavior by a member of the town organization requires remedial action.
"Councillor Fedeyko will be given direction on which training program must be completed before consideration will be given to adjust the current protocol, which requires her to have no contact outside of council meetings with any staff other than myself." says Derricott in a written statement.
CAO Derricott says the town had a clear responsibility to conduct the investigation.
“As an employer, we believe it our primary responsibility to ensure a safe workplace for everyone who works at the Town of Cochrane,” says CAO Mike Derricott in a public disclosure statement. “Furthermore, we are under clear legal obligation to do so. Anytime an allegation is brought forward regarding an unsafe workplace, we must ensure our staff are safe in the workplace and do our due diligence to protect the Town from any potential liabilities.”
“Through their code of conduct bylaw, council has established a joint code which governs the conduct of councillors. The development of a Council code of conduct bylaw is mandated by the province and it is the responsibility of Council to hold each other accountable to these jointly established standards for ethical conduct.”