Case of lobbyist working for Jan Harder is unheard of, expert says

An expert on lobbying rules says he has never heard of someone lobbying the government while also working for a government official, a situation that came to light in a damning report on Ottawa city councillor Jan Harder.

On Friday,Ottawa's integrity commissionerRobert Marleaureleased his 101-page report into Harder's relationship withthe Stirling Group, including registered lobbyist Jack Stirling whom Harder considers a friend and mentor and his daughter Alison Clarke.

The reportrecommendedHarder lose her seat on planning committeeover a perceived conflict of interest. Marleau also called on city council to launch a review of how theyhire consultantsand consider preventing active lobbyists from getting work in their offices.

All recommendations go before council on Wednesday.

• Integrity commissioner recommends Coun. Jan Harder be removed as planning chair
• Colleagues react to councillor's 'coziness' with development firm

Marleau's report details how Harder "regularly sought [Stirling's] advice on planning matters" whileunder three contracts with the Stirling Group related to her ward and her work on the planning committee.

At the same time, Stirling is registered as a lobbyist for the Kanata Lakes North development.

"I've never seen a situation where someone is both inside government and lobbying at the same time," said Guy Giorno, an Ottawa lawyer who specializes in lobbying and government accountability, andhas worked as an integrity commissioner with more than 30 Ontario municipalities.

City of Ottawa lacks 'cooling off' rule

Harder also recruited Clarke to work as a councillor's assistant in 2017, but Clarke then went to work with her father's firm four months after leaving theposition in Harder's office. She continued to write briefing notes on planning files for Harder while her father advised the councillor on industry and ward issues.

The problem rests in the contracts signed with the Stirling Group while Stirling worked asa lobbyist, according to Giorno, not the hiring of his daughter as a councillor's assistant.

Typically,there are"cooling off" periods whereformer employees can't lobby because it's understood people who leave government have connections and advantages, Giorno said.

The City of Ottawa does not have such rules.

Giorno declined to weigh in on the sanctions the integrity commissioner has proposed, butsaid he isn't surprised Marleauhas recommended the city review itsrules for lobbyists, and the criteria forcouncillorssetting up contracts.

Giornosays it never occurred to him a councillor would hire someone to do work for them while that same person actively lobbied the municipality.

"Many laws and policies get amendedor brought in because something happens that nobody thought would happen before, and then it happens and the happening shines a spotlight on a gap,"Giorno said.

Review contracting rules, Marleau says

The citymanual for acouncillor's office does offersome guidelines for contracting vendors. It suggests they only be hired fornon-routine work, such as graphic design.Councillors are also requiredto have their contractors sign non-disclosure agreements, which didn't happen with the Stirling Group, Marleau found.

Clarke also had a City of Ottawaemail account while at The Stirling Group. TheCity of Ottawa confirms Clarke had "non-city employee" status after November 2018 with access to a city-runemail account, and the ability to get approval for access to a councillor's account.

Given the issues raised by his investigation of Harder, Marleau recommends a reviewof the codes ofconduct for both members of council and lobbyists.

He suggests developing criteria councillors must consider before they begin contracts with consultants, and consider the merits ofa "cooling off" period before consultants can lobby.

As for Stirling's lobbying conduct, Marleau has referred that issueto himself, as lobbying registrar, but it's not clear if a report will ever come forward.