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Public Health Agency of Canada Findings of the Office of the Public Sector Integrity Commissioner in the Matter of an Investigation into a Disclosure of Wrongdoing Public Health Agency of Canada Case Report February 2017 The generic masculine has been used in this report to protect the identity of those concerned. For copies of the Report or other Office of the Public Sector Integrity Commissioner of Canada publications, contact: Office of the Public Sector Integrity Commissioner of Canada 60 Queen Street, 7th Floor Ottawa, ON K1P 5Y7 Tel.: 613‐941‐6400 Toll free: 1‐866‐941‐6400 Fax: 613‐941‐6535 Email: psic‐ispc@psic‐ispc.gc.ca Ce document est également disponible en français. ©Office of the Public Sector Integrity Commissioner of Canada, 2017 Cat. No.: PG4‐16/2017E‐PDF ISBN: 978‐0‐660‐07525‐9 The Honourable George J. Furey, Q.C. Speaker of the Senate The Senate Ottawa, Ontario K1A 0A4 Dear Mr. Speaker: I have the honour of presenting you with the Office of the Public Sector Integrity Commissioner’s Report of Findings in the Matter of an Investigation into a Disclosure of Wrongdoing at the Public Health Agency of Canada, which is to be laid before the Senate in accordance with the provisions of subsection 38 (3.3) of the Public Servants Disclosure Protection Act. The report contains the findings of wrongdoing; the recommendations made to the chief executive; my opinion as to whether the chief executive’s response to the recommendations is satisfactory; and the chief executive’s written comments. Yours sincerely, Joe Friday Public Sector Integrity Commissioner OTTAWA, February 2017 The Honourable Geoff Regan, P.C., M.P. Speaker of the House of Commons House of Commons Ottawa, Ontario K1A 0A6 Dear Mr. Speaker: I have the honour of presenting you with the Office of the Public Sector Integrity Commissioner’s Report of Findings in the Matter of an Investigation into a Disclosure of Wrongdoing at the Public Health Agency of Canada, which is to be laid before the House of Commons in accordance with the provisions of subsection 38 (3.3) of the Public Servants Disclosure Protection Act. The report contains the findings of wrongdoing; the recommendations made to the chief executive; my opinion as to whether the chief executive’s response to the recommendations is satisfactory; and the chief executive’s written comments. Yours sincerely, Joe Friday Public Sector Integrity Commissioner OTTAWA, February 2017 Table of Contents Foreword ......................................................................................................................................... 2 Mandate and Background............................................................................................................... 3 The Disclosure ................................................................................................................................. 4 About the Organization .................................................................................................................. 4 Results of the Investigation ............................................................................................................ 4 Overview of the Investigation ......................................................................................................... 5 Summary of Findings....................................................................................................................... 5 Serious Breach of a Code of Conduct .......................................................................................... 5 Gross Mismanagement ............................................................................................................... 6 Verbal Abuse ............................................................................................................................ 7 Physical Display of Anger ......................................................................................................... 8 Management’s Responsibilities ...................................................................................................... 9 Conclusion ..................................................................................................................................... 10 Commissioner’s Recommendations and Departmental Response .............................................. 11 1 Foreword This case report of founded wrongdoing, which I have tabled in Parliament as provided for in the Public Servants Disclosure Protection Act (the Act) details findings about an Executive at the Public Health Agency of Canada who committed a serious breach of a code of conduct and gross mismanagement as a result of behaviour within the workplace and how this Executive treated employees of the Agency and other government departments. Each time our Office tables a case report, careful consideration is given to whether to personally name the wrongdoer. This issue is an important one, and it is determined on the specifics of each case. Despite the specific nature of these findings, I do not want this to be dismissed as an isolated case, and naming the individual would, in my view, increase the risk of this happening. Senior management’s actions and responses to this situation were carefully reviewed during the course of the investigation. Recognizing that it is difficult to hold someone directly responsible for the personal behaviour of others, the investigation did not find that senior management committed wrongdoing as defined in the Act. The federal government has put in place measures and processes to help address behavioural misconduct, some of which were adopted by senior management to address the conduct of the wrongdoer in this matter. Despite making no formal finding of wrongdoing against senior management, I nonetheless feel it is necessary to underscore that, in matters such as these, it is not enough to simply implement a remedial measure without ongoing oversight. This is essential in order to protect and respond to the needs of employees who have been harmed or otherwise adversely affected by the behaviour in question, but also to provide guidance and opportunities for learning and development to the person whose conduct is in question, in addition to discipline, when appropriate. Another important consideration is the fact that the wrongdoer moved to another public sector organization in the intervening months between our investigation and this case report. It is essential to know that we provided notice of our investigation to the organization, and we have provided them a copy of this case report. Most importantly, we have made recommendations for corrective action to this new employer to avoid a recurrence of the behaviour in question and to address the issue of appropriate discipline. Given the current government’s priority on mental health in the workplace, this report can serve to highlight the importance of ensuring a healthy and respectful workplace as a key element in any mental health strategy. All employees, regardless of their level and function in any organization, deserve and must be treated with respect. Joe Friday, Public Sector Integrity Commissioner 2 Mandate and Background The Office of the Public Sector Integrity Commissioner of Canada contributes to strengthening accountability and increases oversight of government operations by providing: - public servants and members of the public with an independent and confidential process for receiving and investigating disclosures of wrongdoing in, or relating to, the federal public sector, and by reporting founded cases to Parliament and making recommendations to chief executives on corrective measures; and - public servants and former public servants with a mechanism for handling complaints of reprisal for the purpose of coming to a resolution including referring cases to the Public Servants Disclosure Protection Tribunal. The Office is an independent organization created in 2007 to implement the Public Servants Disclosure Protection Act (the Act). Section 8 of the Act, defines wrongdoing as: (a) a contravention of any Act of Parliament or of the legislature of a province, or of any regulations made under any such Act, other than a contravention of section 19 of this Act; (b) a misuse of public funds or a public asset; (c) a gross mismanagement in the public sector; (d) an act or omission that creates a substantial and specific danger to the life, health or safety of persons, or to the environment, other than a danger that is inherent in the performance of the duties or functions of a public servant; (e) a serious breach of a code of conduct established under section 5 or 6; and (f) knowingly directing or counselling a person to commit a wrongdoing set out in any of paragraphs (a) to (e). The purpose of investigations into disclosures is, according to the Act, to bring the existence of wrongdoing to the attention of the organization’s chief executive and to make recommendations for corrective action. The Act was created to provide a confidential whistleblowing mechanism in the federal public sector. The disclosure regime established under this Act is meant not only to identify wrongdoing when it occurs, and to take corrective action to ensure the wrongdoing stops, but also to act as a general deterrent throughout the federal public sector. This is why legislation requires that founded cases of wrongdoing be reported to Parliament. This is a powerful tool of transparency and public accountability. 3 The Disclosure In May 2014, an investigation was initiated into allegations that
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