Photo by Whitehorse Star
FINISHED – The territory's ombudsman and information and privacy commissioner, Tracy-Anne McPhee, says she was sent a letter in January telling her a new competition would be conducted to fill her position after she completes her term in April. No reasons were given for the decision.
The territory's ombudsman says she wasn't given any explanation for why her position was not renewed.
The territory's ombudsman says she wasn't given any explanation for why her position was not renewed.
That has the NDP accusing the government of attempting to stifle independent oversight.
In a statement released Wednesday, Tracy-Anne McPhee, whose term as ombudsman and information and privacy commissioner expires this April, said she is disappointed with the decision.
The half-time job pays $107,017 a year, with no benefits.
McPhee was selected by the legislative assembly in 2007, under then-premier Dennis Fentie, for a five-year term.
"For the last five years, my staff and I have worked hard to ensure that citizens have a fair and complete hearing of their concerns and complaints with respect to their dealings with government. I am proud of the work we have done,” the statement said.
The Yukon's Ombudsman Act provides that the ombudsman may be reappointed for subsequent terms.
"On January 9, I was informed in a letter from the Speaker, Mr. (David) Laxton that the Members' Services Board has decided to conduct a competition for the position.
I was not provided any reasons for the board's decision,” she said.
The Members' Services Board is responsible for all matters of financial and administrative policy affecting the Yukon Legislative Assembly.
The current board is chaired by Laxton. It also consists of Yukon Party ministers Currie Dixon and Brad Cathers as well as NDP Leader Liz Hanson and the Liberals' Sandy Silver.
Decisions are made based on the vote of the majority.
Hanson said today she voted to renew McPhee's contract but cannot discuss the specifics of anything else that went on at the meeting nor how the other members voted.
Neither Silver nor any of the Yukon Party's representation on the board could be reached before press time this afternoon.
"(The NDP is) extremely disappointed that the Yukon government has decided to not reappoint Tracy-Anne McPhee as ombudsman and information and privacy commissioner,” Hanson said in a news release.
"By all accounts, Ms. McPhee has performed her duties well. She was given no reason why she would not be reappointed, and she deserves better than that.”
Hanson said McPhee provided advice on numerous pieces of legislation and conducted an investigation into the over-collection of information by the Department of Health and Social Services.
"She voiced support for effective whistle-blower protection legislation and proposed other legislative changes that would strengthen and enhance government oversight and transparency.”
The leader of the official Opposition accused the current government of trying to avoid scrutiny of its actions.
"It seems that Ms. McPhee is being punished for doing her job. It's a shame that the government has decided to silence this voice for fairness in government and protection of Yukoners' privacy and information access rights.
"All Yukoners, and especially Ms. McPhee, deserve an explanation for this questionable decision.”
Cabinet spokesperson Elaine Schiman said today Hanson's comments make some assumptions about the rationale for the decision.
Schiman said she could not comment on how the Yukon Party representatives voted or why.
Judy Pelchat, the manager of corporate information management with the Department of Highways and Public works, which oversees the Yukon's Access to Information and Protection of Privacy Act, said she assumes McPhee will be able to complete any inquiries she is currently working on.
The department's staff, including investigators and mediators, will remain in place.
The board will oversee the hiring process of a new ombudsman and make a recommendation to the legislative assembly.
McPhee has the option to re-enter her name for consideration.
Applications for the position will be accepted until Feb. 23.
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Comments (4)
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Steve E on Feb 7, 2012 at 8:27 am
Lets face it, the next ombudsman or ombudswoman will know enough not to promote whistleblower protection legislation. Isn't that right Darrell? We will never see whistleblower legislation in Yukon even during a NDP government imo.
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bobby bitman on Feb 3, 2012 at 8:47 am
Flying Fur, just to clarify, her appointed job paid $107,000 for one year of half-time work. In five years in this position, Liz Hanson holds up Tracey's record of providing advice on numerous pieces of legislation, and conducting one investigation (over collection of information by Health and Social Services). Well, I can see why she might be upset about losing this job. Nevertheless, she can apply for it now and compete on her merits like everyone else.
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north of 60 on Feb 2, 2012 at 2:03 pm
There is no need to provide a reason for not renewing a contract after it's term has expired. The simple fact that someone would not understand that, and somehow expect an automatic renewal, is an indication of why it wasn't renewed. Nobody is entitled to automatic contract renewal. This pervasive attitude of entitlement, especially among civil servants, must stop.
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flyingfur on Feb 2, 2012 at 9:26 am
If I understand this correctly, McPhee is a Yukon Government employee. Ms. McPhee was appointed to this position and by this I take it that no competition was held and she was essentially given this job. She was hired on a term position which ends this coming April. So I don't personally see how she has been wronged in any way; other YG employees have to compete on jobs (not very often someone is appointed without competition) and even if they are and get a term position the term is over when it's over and that's in keeping with how everyone else is treated. To do otherwise would not provide other qualified people with the chance at a part-time job that pays over 100K a year. If she is a proponent of what is fair then I think she ought to recognize that a competition is the fair way to fill the job.