3 code of conduct complaints filed against Port Moody councillor during first year in office

At least three code of conduct complaints were lodged against one Port Moody councillor in her first year in office.

No disciplinary action was taken on any of the complaints filed against Coun. Kyla Knowles, leaving complainants critical of the city’s mechanisms for addressing complaints.

The Dispatch emailed Knowles questions regarding these complaints on Tuesday, Feb. 27. She said she was not at liberty to answer due to confidentiality clauses in the bylaw. She added that she was “committed to abiding by our council code of conduct.”

Speaking in reference to Pink Shirt Day during Tuesday’s council meeting, Knowles said council has been: “subjected to relentless and repeated abuse and bullying online.”

“Sometimes the biggest bullies are the ones accusing people of being bullies,” she said. “If only there was a code of conduct for the public.”

The process for dealing with code of conduct allegations has been the subject of criticism in recent months by some in the community, following claims in October, 2023, that an illegal meeting took place between a developer and a majority of council.

All council decisions, legal advice and investigations related to potential violations of the code of conduct bylaw  are withheld from the public in closed council meetings.

The city has refused to release any information about these complaints, including the number of complaints that have been filed since the bylaw was adopted in 2018, or the number filed in 2023.

“All elements related to any council code of conduct complaints are confidential under section 90 of the Community Charter, which prohibits the release of information in these circumstances,” said City Manager Anna Mathewson.

The Dispatch filed a Freedom of Information Request to obtain all records related to code of conduct complaints since 2018, following an incident involving Knowles on Halloween night last year. Nearly 800 pages were received on Feb. 14, but the documents were almost entirely redacted.

Port Moody was the first municipality in B.C. to establish its own code of conduct bylaw in 2018.

The code of conduct bylaw includes rules around communication, conflict of interest, improper use of influence, elections, expenses and receiving gifts.

Notably, councillors are required to treat members of the public with: “courtesy, dignity, and respect;” barred from using indecent, abusive, insulting, and discriminatory language, or sharing confidential information.

Council voted to make further tweaks to its code of conduct bylaw on Feb. 27, tightening the threshold and language regarding how complaints are handled.

Previously, after a formal complaint was filed, council would decide whether there were reasonable and probable grounds a violation of the bylaw had occurred.

Council could vote to appoint a third-party investigator or investigate the complaint itself; but even if an investigation takes place and violations are judged to have occurred, any potential disciplinary action is at the discretion of council.

If there are voting blocks on council, it further complicates the transparency of decision making around code of conduct violations.

Port Moody council itself has recognized the problems with the current self-regulating system.

Following the illegal-meeting allegations in October, council resolved to call on the province to create an office for a municipal ethics commissioner, and to advocate for its establishment at the Union of BC Municipalities and the Lower Mainland Local Government Association.

Halloween incident

The most recent complaint against Knowles was filed by Cristina McQueen on Nov. 1, shortly after an incident on Halloween.

McQueen, a neighbour of Knowles, filmed a short video of Knowles calling out “Hi, bitch,” to her as she walked by the councillor’s house.

She posted a video to Facebook alongside a lengthy post, which was removed shortly afterwards, where she stated she was trick-or-treating with her children at the time of the incident.

In her official complaint to the Mayor Meghan Lahti, McQueen alleged the councillor had been “bullying and tormenting” her for the last six years, making her “fear living in my neighbourhood.”

It states she experiences similar behaviour from the councillor on a weekly basis, including defaming posts about her on social media.

McQueen shared screenshots with The Dispatch of some of Knowles’ online activity which seem to substantiate these claims, though they occurred prior to her being elected.

She said she started filming on Halloween because Knowles had cursed at her when she had passed by her property earlier that night.

“She absolutely embarrassed herself and me in front of all these trick-or-treaters,” McQueen said. “We’re paying her salary, she’s elected by us, so it’s absolutely unacceptable. It’s not OK.”

Shortly after publicizing the incident, McQueen said she had two phone conversations with Lahti, in which the mayor apologized, and assured her an investigation would take place.

McQueen said all she was seeking was a public apology and for the bullying to cease, adding she appealed for council discussions on the incident to not be held behind closed doors.

“She is a council woman who needs to be held to a higher standard,” McQueen said. “I’m not out for her job . . . I’m not a vindictive person, but I also want her to be held accountable.

“When you’re being victimized and harassed for six whole years, there comes a point when you need to stand up for yourself, because it’s never going to end.”

Knowles did offer an apology at the Nov. 14 council meeting to her colleagues, city staff, her supporters and the public for the “distraction” – however McQueen said she didn’t receive an apology.

She claimed McQueen was walking intentionally walking back and forth alone in front of her house on Halloween when the incident occurred, loudly pronouncing the name of her street.

“This is known as doxing. And people sharing (the video) are also engaging in doxing,” Knowles said at the meeting.

Two days later, McQueen received an email from now-former city manager, Tim Savoie, informing her that council decided not proceed with any investigation.

Day of Reconciliation incident

One resident said when a third-party investigation took place following his complaint, he was not even interviewed or asked further questions.

Shane McCardle filed his code of conduct complaint against Knowles on June 24, over an online incident which occurred during the house post naming ceremony at Rocky Point Park on National Indigenous People’s Day on June 21.

The complaint stated McCardle came across a Facebook post from Knowles’ private page, in which she made derogatory comments about a man at the event who was holding up a sign that referenced Jesus.

It states the comments voiced her displeasure at the man being at the event, and satisfaction when he was eventually removed from the area.

McCardle told the Dispatch he thought it was a clear violation of the code of conduct rule which states councillors cannot speak in a discriminatory manner based on an individual’s religious beliefs.

“As a city councillor, she can’t say that,” he said. “You cannot segregate people based on their views or expression.”

McCardle said he commented on the post complaining about Knowles’ behaviour, and claimed she labelled him a “racist” and later removed him as a friend.

In his complaint to the city, he said he had collected online screenshots as evidence.

“I thought it was a clear cut open and shut case,” McCardle said. “She obviously was not acting in the appropriate manner towards people.”

McCardle received a letter from a lawyer hired by the city to conduct a third-party investigation on Aug. 22.

It acknowledged receipt of McCardle’s complaint, evidence, and added he may be asked questions in writing or interviewed during the course of the investigation.

But follow-up interviews and questions never took place, according to McCardle. 

In October, he received the results of the investigation, which stated there was “insufficient reasonable and probable grounds to amount to a violation of the bylaw.”

It said that because the conduct in question occurred on Knowles’ private, restricted personal Facebook page, and not her public council member page, the bylaw did not apply. 

Unsubstantiated third complaint

A third code of conduct complaint was made against Knowles in April, 2023, by Dawn Slykhuis, a former candidate for Port Moody council and local social worker.

Slykhuis alleged Knowles leaked private correspondence she had sent to council to strangers on a local Facebook group in an attempt to harm her reputation and business.

The Dispatch was unable to substantiate her claims as Slykhuis would not share messages allegedly sent to some of her patrons, citing their privacy.

The city also refused to look at the complaint, stating only a single screenshot was provided as evidence.

Slykhuis took her complaint to the Office of the Information & Privacy Commissioner in April, which opened an investigation, but subsequently closed the file on Feb. 5, 2024, again, citing a lack of evidence.

Knowles lodged a complaint with The BC College of Social Workers in June, 2023, alleging she is being harassed by Slykhuis.

Slykhuis claims this is in retaliation for filing a complaint with the city.

Changes to the code of conduct bylaw

Council voted unanimously to adopt changes to the code of conduct bylaw at the Feb. 27 meeting, which raised the threshold for how complaints are assessed before investigations take place.

Public complaints now need to be brought to a council or staff member directly, who will in turn bring it to council’s attention.

Where or not investigations proceed will now be at the discretion of the mayor and city manager, rather than a vote by council. If the mayor is the subject of the complaint, the duty will be passed on to a surrogate.

Staff said the changes were needed as currently, complaints can be lodged without any evaluation of their validity.

Knowles said the refinement should help ensure the code of conduct was not “weaponized by anyone.”

In addition, a clause was created regulating councillors’ social media accounts, applying the bylaw to their both their personal and official accounts.