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Cochrane town councillor brings complaint to privacy commissioner

Coun. Marni Fedeyko has asked the privacy commissioner to investigate the Town of Cochrane.
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Councillor Marni Fedeyko has gone to the provincial privacy commissioner asking for an investigation

Cochrane Councillor Marni Fedeyko, tired of her name being unfairly dragged through the mud by anonymous emailers spreading unsubstantiated allegations, has asked the provincial privacy commissioner to step in and investigate.

Her hope is that the commissioner’s office will launch an enquiry that will put a stop to confidential information from in-camera Town meetings being released and identify whoever is responsible for the leaks.

Her lawyer sent eight of the anonymous emails to media this week, along with his letter to the Office of the Information and Privacy Commissioner (OIPC) of Alberta. The letter reads, in part, “Cllr. Fedeyko wishes to file a formal complaint against the Town of Cochrane for the release of personal and/or confidential information that was to be shared only within the context of privilege. Specifically, but without limitation, this information (again which was only in the hands of very limited people and within the context of privilege) was subsequently disclosed to an anonymous e-mail account. The information was not available via any other sources.”

The Eagle had received some of the anonymous emails in previous weeks.

Fedeyko said the emails are extremely defamatory and are a threat to her career, both as a councillor and as a real estate agent. They have been circulating since June.

She said only the town administration and town council are privy to some of the confidential information in the emails.

“I’ve had enough. People have tried to publicly defame me personally, professionally, they make comments about my kids, to me this is just a gross personal attack,” she said.

“I want it stopped and I want the Town to take some responsibility.”

Fedeykp said she has done nothing wrong, and the investigations and the emails have taken a toll on her personally and financially.

She has spent over $65,000 in legal fees to defend herself and that total continues to grow. She has retained the services of Calgary lawyer and former Justice minister Jonathan Denis to request the privacy commissioner’s involvement. He sent the letter to the privacy commissioner at 9 am on Friday, Dec.13.

Denis said it seems rural jurisdictions – or at least those outside the major cities – are more susceptible to situations like Fedeyko’s.

“It’s kind of ridiculous – makes you wonder why anyone runs for office anymore,” Denis said.

There have been four investigations involving Fedeyko since April 2023, one of which she requested.

On Aug. 29 a Town of Cochrane employee brought an Occupational Health & Safety (OH&S) workplace complaint against her alleging inappropriate, harassing behaviour.

The eight-page executive summary of that investigation details the allegations, nature of the inquiry, investigative procedure, and the findings and analysis of the alleged harassing behaviour.

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.

"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 said.

The report, done by a Calgary legal firm, 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.

After deliberating in-camera for over three hours on Oct. 2, council found Fedeyko to be in breach of section 8.2 of the code of conduct.

Council passed a motion of censure calling on Fedeyko to "cease the inappropriate behaviour immediately and conduct herself in compliance with the code of conduct bylaw and appropriate workplace decorum."

She is also unable to speak with anyone on town staff other than through CAO Mike Derricott at council meetings until she completes harassment training.

"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," said Derricott in a written statement in October.

Derricott said at the time the town had a clear responsibility to conduct the investigation.

In response to the news of the letter to the OIPC Friday Derricott said, “We take these concerns very seriously. The Town of Cochrane conducted internal investigations into the alleged breaches of confidentiality. The findings did not substantiate any breaches originating from within Town of Cochrane organization. Councillor Fedeyko has previously been advised of all findings. We respect the right of any individual to share their concerns with the privacy commissioner.”


Howard May

About the Author: Howard May

Howard was a journalist with the Calgary Herald and with the Abbotsford Times in BC, where he won a BC/Yukon Community Newspaper Association award for best outdoor writing.
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