Calgary city council to ask for Alberta minister, privacy commissioner input on budget leak

Calgary's city solicitor outlined myriad potential outcomes following a breach of confidentiality related to details around the upcoming four-year city budget, underscoring the duty councillors have when elected. During a special meeting called for Tuesday, city councillors got a legal opinion after Ward 14 Coun. Landon Johnston openly admitted that he leaked confidential information to local media regarding details on Calgary city council's preliminary 2027-2030 budget. Last week, Johnston and Mayor Jeromy Farkas sparred in duelling media conferences on the matter, with Johnston saying he wouldn't be complicit in 'hiding things' from Calgary taxpayers. This alleged breach prompted Mayor Farkas to call a special meeting of council for Sept. 8, as the city solicitor was asked to provide legal advice on the matter. Farkas said he'd heard from law enforcement partners, city staff, union leaders, and this is all being done as they're searching for a new Chief Administrative Officer. 'There are reasonable grounds to believe that the law was broken and confidential documents were disclosed publicly without authorization. Those documents included confidential information regarding city personnel and law enforcement planning,' Farkas said to open the special meeting. 'Since then, a member of council has accepted responsibility for the breach and stated that they will continue to disclose confidential information. This has raised concerns in the public about continued privacy breaches, risks to personnel, and legal and financial exposure for Calgary taxpayers.' City Solicitor Jill Floen told councillors in an open session that under section 153 of the Municipal Government Act (MGA) council members have a duty to keep closed session information confidential. 'There is a legal requirement to comply with the decision of council to keep information confidential, and a failure to do so is a breach of the law,' Floen said. Floen said that the information that was released in violation of the MGA could have various consequences, including a ministerial inspection. It could also include a direct vote of electors to remove someone from office, or there could be a criminal investigation, and potential charges for breach of trust. Floen outlined other potential collateral consequences that could result from the breach. 'Lawsuits could be commenced by third parties, it could result in a compromise to public safety or assets, there could be a lost trust in the confidence of government,' she said. 'It also is really important from a role model perspective, because council are leaders in our community, and this is sets an example for how council members may interact in the future, and sets an example for how members of administration can and are expected to act also sets an example for our community members and how they're expected to act,' she said. Floen concluded by saying that, in general, a breach in confidentiality demonstrates the inability for council to have candid and confidential discussions with senior executives on matters that are pressing and affecting the corporation. Coun. Johnston wasn't present at the meeting, which prevented the special meeting from adding any other business to the agenda, aside from the legal advice. He did circulate a memo 'I sought independent legal and ethics advice regarding my participation. Dr. Emily Laidlaw has advised me that, in her opinion, I have a pecuniary interest in the matter to be discussed because of the potential legal implications for me,' he wrote in the memo to council. 'Her recommendation is that I do not attend the Special Council meeting in its entirety. I will follow that advice.' Johnston said that he wouldn't continue to participate in an 'escalating political dispute' which is distracting from a larger issue for Calgarians: the upcoming four-year budget. He said he didn't disclose the information because confidentiality itself is meaningless. 'I made the decision because I also believe transparency and meaningful public participation matter,' Johnston wrote. 'Calgarians should not have to rely on leaked information to understand major financial scenarios being considered by their municipal government.' Floen said that given the absence of a code of conduct for elected officials, which was stripped by the province in 2025 and not yet replace, there wasn't a lot council could do. 'With respect, there is no code of conduct now. There is no integrity commissioner,' she told councillors. 'There's some statements out there, and I suppose council could ask for an apology. But at the end of the day, the real accountability, the clear and obvious path to accountability, is through the minister, because that is the framework that the province has created.' Ward 4 Coun. DJ Kelly put forward a motion that would ask that the Mayor inform the Minister of Municipal Affairs and the Alberta Office of the Information and Privacy Commissioner about the breach, and request that they take whatever steps necessary. Ward 10 Coun. Andre Chabot asked to include the ability for Coun. Johnston to address the breach, but Floen said that it stepped into provincially prohibited territory in trying to force an apology from a member of council. 'I'm just cautioning you, council, just with respect to how far you step into what might be perceived to be an attempt to deal with a conduct issue,' she said. Ward 1 Coun. Kim Tyers said that if we send a letter to the Municipal Affairs minister and the privacy commissioner, we should address the other confidential leaks. She listed off a handful of leaks to local media on city topics. 'If you want to send a letter about this councillor's behavior and send it to the minister, you would also have to include the councillors that were responsible for those leaks as well,' she said. 'I'm definitely not encouraging breaking the law or breaching trust. I'm merely pointing out the fact that this has been happening since we all got here, and if we're going to take these measures, that they should be applied evenly to everybody who has done that.' Tyers favoured Chabot's approach, but not Kelly's. Council moved forward with the letter, but not the request for Coun. Johnston to address the information leak. To date, despite a request for comment on this situation and the lack of a code of conduct for elected officials, the Alberta government has acknowledged the request, but not responded. Liked it? Take a second to support Darren Krause on Patreon!