Alberta shred-gate probe reveals lack of government accountability, effective management

Nearly 350 boxes of documents shredded last Mayby the outgoing AlbertaProgressive Conservative government were destroyed improperly and without any supervision, an investigation by the privacy and public interestcommissioners has found.

The documents fromAlberta Environment and Sustainable Resource Development (ESRD) were destroyedone day after theMay 5 election which saw the NDP end 44 years of Tory power.

The report saysthe documents in the 344 boxes "includesrecords created and received by the offices" of the deputy minister and minister of the department.

"Based on the descriptions in the inventories provided, these included working papers, meeting notes, correspondence, day files, and action requests (ARs) relating to litigation, committees, legislation, cabinet, outside organizations, other governments, committees, and Aboriginal communities."

The report states the documents in the boxesaccountfor"over half of the total number of boxes destroyed in all of ESRD in April and May."

PC MLA Kyle Fawcett was the outgoing ERSD minister at the time.

No penalties for breaking the rules

While the probe found no evidence staff were directedto shred certain documents, records may have been lost for good in the purge.

"Yes, I think that's possible, " said PrivacyCommissioner Jill Clayton.

The probefoundthe documents were destroyed without any record of why or in what order it was done, nor was there any supervision of the process. Due to a lack of security and controls, documents may have been destroyed because staff thought they were duplicates, the investigation found.

However, the probe found that the documents were not destroyed to avoid a freedom of information request. Instead, Public Interest Commissioner PeterHourihan concludedthere was "confusion about rules during the government transition."

• See the full report
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The records management program used by the provincial government lacks accountability, with no oversight and no sanctions for anyone found in contravention of regulations, the report found.

The investigation also revealed officials with Service Alberta had a serious misunderstanding about how to process freedom of information requests for executive records in the Action Request Tracking System (ARTS), which tracks ministerial correspondence.

Hourihan andClayton arerecommendingthe government tightencontrols and policies to ensure documents are preserved, particularly after a change in government. They want sanctions to be put in place for anyone caught breaking records management rules.

They also suggest Service Alberta and the provincial archives oversee implementation of new rules.

Service Alberta Minister Danielle Larivee said her department willimplement all of the report's recommendations.

In the meantime, there is now additional staff trainingand oversight proceduresto ensure the proper documents areretained, she said.

"There isa mess and we will cleanit up," she said.

More questions raised

Clayton said Fawcett and other PC politicians and political staff were not interviewed in the investigation.

"I don't think it was relevant to the investigation," she said, addingthere was no suggestion staff were acting under the minister's orders

She said her investigators talked to the assistant deputy minister and other officials directly in charge of records managementwithin ERSD.

The investigationwas launched after bags of shredded records were seen in the halls of the Alberta legislature. The issue was flagged by Alberta Party leader Greg Clark on May 13. Aninvestigation was launched that same day.

Incoming premier RachelNotleyorderedan end to all shredding hours afterHourihanand Clayton announced their investigation.

In a news release, Clark called on Hourihan and Clayton to launch a second investigation to clear up questions raised by Thursday's report.

"Albertans deserve to know which files were destroyed and whether some can be recovered," Clarksaid. "I would also like to know how many FOIP requests were not completed, and to see those requests reopened."

Wildrose accountability critic Jason Nixon called on the government to implement all the recommendations from the report.

Although Clayton and Hourihan say no deliberate wrongdoing took place, Nixon said he is still concerned that public servants don't understand the rules for freedom of information requests.

"It's critical that FOIP operates appropriately," Nixonsaid. "It's important for the public to really get access."

Clayton said she isparticularly concerned thatrecords management staff are unclear about what can be released under the rules. Her office will discuss what should be done next, she said.