SPECIAL INVESTIGATION

TERMS OF REFERENCE

1. The Special Investigator will conduct a fair, impartial and independent investigation of the
allegations against Craig James, Clerk of the Legislative Assembly, and Gary Lenz, Sergeant-at-
Arms, that are outlined in Schedule “A” attached hereto (the “Allegations”), which were raised by
Speaker Darryl Plecas in his Report to the Legislative Assembly Management Committee (“LAMC”)
dated January 2019, and have been determined by LAMC to be appropriate for review by the
Special Investigator.

2. The Auditor General of British Columbia has initiated a comprehensive financial audit of the
Legislative Assembly. In addition, a recommended independent workplace review is being
considered, and the Royal Canadian Mounted Police is currently conducting a police investigation
into Mr. James and Mr. Lenz.

3. The purpose of the independent investigation conducted by the Special Investigator is a

confidential fact finding to determine whether Mr. James or Mr. Lenz engaged in misconduct in
the course of their employment as permanent officers of the Legislative Assembly.

4. The Special Investigator will ensure that the investigation process respects the rules of procedural
fairness and natural justice.

5. The Special Investigator will interview anyone the Special Investigator deems appropriate, and
may review any documents in the possession or control of the Legislative Assembly (other than
those subject to solicitor-client privilege).

6. In determining whether Mr. James or Mr. Lenz engaged in misconduct in the course of their
employment, it is understood that the Special Investigator will:

a) Review the reports provided to LAMC by Speaker Plecas, Mr. James and Mr. Lenz,
namely:
i. the report of the Speaker released on January 21, 2019, and exhibits;
ii. the related addendum to the report of the Speaker distributed on February
4, 2019,
iii. the written responses from the Clerk and the Sergeant-at-Arms received on
February 7, 2019,
iv. the legal submissions from the Clerk and the Sergeant-at-Arms received on
February 7, 2019, and
v. the report on the written responses by the Speaker released on February 21,
2019, and exhibits;
b) Provide an opportunity for Speaker Plecas, Mr. James and Mr. Lenz, to provide verbal
or further written information related to the Allegations;

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 c) Obtain a list of suggested witnesses from Speaker Plecas, and Mr. James and Mr. Lenz
and determine which of those witnesses may have relevant information;
d) Conduct interviews of relevant witnesses;
e) Advise Speaker Plecas, Mr. James, Mr. Lenz and any other witness to be interviewed
of their right to be accompanied by counsel during the interview;
f) With the assistance of the Acting Clerk of the Legislative Assembly or her designate,
gather relevant documents or other evidence;
g) Analyze the information gathered; and
h) Issue a final report to the House Leaders at the earliest opportunity but not later than
May 3, 2019, in the form contemplated in paragraph 7.

7. The Special Investigator will prepare and submit a final report to the House Leaders, consisting of
the following:

a) a summary of the Allegations;

b) a summary of any interviews with Speaker Plecas, Mr. James, Mr. Lenz and any other
witnesses;
c) any relevant documents reviewed or a description of the same;
d) an outline of findings of fact; and
e) an analysis and conclusion.

8. The Special Investigator may make one or more interim reports to the House Leaders consisting
of the elements set out in section 7 in respect of any one or more of the Allegations at any time
before the Special Investigator makes the final report.

9. If for any reason the Special Investigator is unable to complete the final report on or before May
3, 2019, the Special Investigator will so advise the House Leaders in writing on or before May 3,
2019, and provide a new anticipated date for completion of the report.

10. Any concerns or questions of the Special Investigator concerning these terms of reference must
be directed to the House Leaders through the Acting Clerk.

11. These terms of reference may be amended in writing with the agreement of the Special
Investigator and the House Leaders.

12. All costs of the investigation will be borne by LAMC.

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 Schedule “A”

Did the Clerk or Sergeant-at-Arms engage in any of the following, which would constitute employee
misconduct, in the course of their employment as permanent officers of the Legislative Assembly?

a) Improperly (and knowingly) receive improper payouts of vacation pay by reason of their failure to
record vacation leave;
b) Improperly make purchases of a personal nature and expense them to the Legislative Assembly;
c) Improperly claim and receive retirement allowances;
d) Improperly remove Legislative Assembly assets and property;
e) Improperly use Legislative Assembly property beyond an incidental or reasonable work -related
purpose.

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