NLIS 3
February 11, 2005
(Office of the Citizens� Representative)
Fraser March, Citizens� Representative for
the province of Newfoundland and Labrador, has forwarded the attached letter
to the Speaker of the House of Assembly, Harvey Hodder.
This is one of a series, each of which deals with accusations against the
Citizens� Representative that are found in the recent Auditor�s General�s
report to the House of Assembly. In previous letters, the Citizens�
Representative dealt with accusations of excessive travel and violation of
Section 4.2 of the Citizens� Representative Act.
The attached letter deals with the accusation that the Citizens�
Representative improperly completed expense claims when he traveled on
personal business between his residence in Blaketown and St. John�s. This
accusation is vigorously denied by the Citizens� Representative.
Because this accusation has the protection of parliamentary privilege, it
cannot be challenged in court. Thus, the Speaker is requested that the issue
be forwarded to the Public Accounts Committee of the House of Assembly who
have authority to review, hear, make a determination and report on the
matter.
The following is a copy of the letter sent to the Speaker of the House of
Assembly:
February 11, 2005
Honourable Harvey Hodder
Speaker
House of Assembly
P. O. Box 8700
St. John�s, NL
Dear Mr. Hodder:
In a recent report to the House of Assembly, the Auditor General made
accusation that "the Citizens� Representative incorrectly claimed a total of
13,300 kilometres relating to travel between his permanent residence in
Blaketown and his office in St. John�s." This accusation is made at page 50
of the Auditor General�s Report.
At pages 69, 70 and 71, the Citizens� Representative denies this accusation
with fact and argument.
It is the position of the Citizens� Representative that he has followed the
travel regulations of the Executive Compensation Plan and the provisions
established under authority of the Citizens� Representative Act, Section 45
; to the letter.
The Citizens� Representative respectively suggests that the House of
Assembly has an obligation to deal with this matter immediately.
When one officer of the House of Assembly makes such an accusation against
another officer of the House of Assembly ; and that accusation is protected
by parliamentary privilege thus precluding legal action, in the interest of
fairness, the House of Assembly has a duty to provide a process which allows
the accuser (in this matter the Auditor General) to present his case and
equally allows the accused (in this matter the Citizens� Representative) to
present a full and fair defence.
Based on the above principle, it is the request of the Citizens�
Representative that a dual request be made, on behalf of the Citizens�
Representative and the Speaker of the House of Assembly, to the Public
Accounts Committee of the House of Assembly asking that said committee
review, hear, make a determination and report on the above noted issue as it
is empowered to do.
Such action would be fair to all affected parties and should lead to a
resolution of circumstances emanating from the accusation.
Sincerely,
Fraser March
Citizens� Representative
CC Commission of Internal Economy
Members of the House of Assembly
2005 02 11
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