Job controversy pushes Donald Arseneault to resign from legislature

Longtime Liberal MLA Donald Arseneault's political career came to a crashing end Friday as he announced he will resign amid a controversy over his second job.

Less than a day after Arseneault's lawyer asserted the MLA was legally entitled to hold a second position, the veteran politician said he'll quit the legislature effective Nov. 30.

"I'm big enough to realize this legislature needs to debate health care, needs to debate education, the economy, a huge softwood lumber decision that was given yesterday," Arseneault told reporters.

"These are the issues that are important to New Brunswickers, not if Don Arseneault has a job of whatever."

Arseneault had planned to not run in next year's election but to stay on as MLA until then.

• Donald Arseneault says he'll be MLA and lobbyist at same time
• Opposition says Arseneault must choose: legislature or lobbyists
• Premier gives Arseneault ultimatum: quit lobbying job or be expelled from caucus

In a written statement sent out at 8 a.m., Arseneault pointed out many MLAs "receive a second income from secondary employment, revenue from a private business venture, or a public or private pension."

He said he felt his situation "was no different" but acknowledged that the public reaction had put his Liberal colleagues in the Gallant government "in a difficult position."

Law permits second job

The conflict of interest law for MLAs allows them to hold second jobs. But Arseneault's new role, as government relations manager for Canada's Building Trades Unions, involved lobbying governments.

After consulting the province's integrity commissioner, Arseneault said he would not do any lobbying of any government while still the MLA for Campbellton-Dalhousie. He said he would supervise and advise the union's two Ottawa-based staff lobbyists.

But on Thursday, Premier Brian Gallant said the lobbying connection still created a perception of a conflict and that Arseneault could not stay on as a Liberal MLA while holding the union job. Gallant said he'd be expelled from the Liberal caucus if he didn't choose.

Fiery politician

Friday morning, Gallant paid tribute to Arseneault during a speech in the legislature to close the debate over the speech from the Throne.

The premier said the last two weeks "have certainly not been easy" for Arseneault but "that's not what he will be remembered for."

Instead, Gallant said Arseneault, first elected in 2003, would be remembered for his fiery political style, his contribution to the province, and his willingness to speak on any issue.

He called Arseneault "a giant of the Liberal party."

The tribute prompted a standing ovation from Liberal and Progressive Conservative MLAs, though PC Blaine Higgs later told reporters that the affair has been "an example of politics at its worst."

He said Arseneault's belief that he could hold a lobbying-related job while sitting in the Liberal government caucus demonstrated a level of entitlement that came from a disregard for the public.

Right thing

Green Party Leader David Coon said Arseneault did the right thing and he now considers the controversy closed.

But Higgs signalled that the PC opposition will continue to press the issue, including questions about Gallant's version of events.

Gallant's office has released an Aug. 22 letter in which the premier transferred Arseneault's responsibility for labour issues to another minister, Bill Fraser, so that Arseneault wouldn't be influencing labour policy while negotiating the job with the union.

The Tories have implied, without any concrete evidence, that the letter was written after the fact and had the earlier date put on it to mislead the public.

"We've seen the premier's office trying to deflect the facts of the timing of the letters," Higgs said. "I think there are more questions about what the role was that the premier's office had in this."

Arseneault was shuffled out of cabinet Sept. 5.

Byelection date

There was no word Friday on whether the government will call a byelection to replace Arseneault before the next general election scheduled for Sept. 24, 2018.

After the seat becomes vacant, the law gives Gallant six months to issue the writ fora byelectionbut the date for the vote can be even later.

Elections New Brunswick spokesperson Paul Harpelle said the premier could set the byelection date for Sept. 24 of next year, in which case it would become part of the general election when those writes are issued next August.

Safe seat

Higgs acknowledged Friday that the riding is considered a safe Liberal seat.

"Most likely," he said. "It typically has been, if you look at the history. That's why the political system gets abused. It's because people get this sense of entitlement, because they think voters will vote for them anyway.

"It's sad. Rather than vote on substance, they'll vote on 'this is traditional, this is what we've always done, give me more and I'll vote for you.'"

Campbellton-Restigouche Centre last elected a Progressive Conservative MLA in 2010, before the riding was merged with Dalhousie-Restigouche East.

With Arseneault's departure, the Liberals will have 25 members of the legislature, including Speaker Chris Collins, who only votes to break ties.

The PCs have 22 MLAs and Coon is the lone Green member.

Coon said Friday he will not change how he decides whether to support the Liberals during close votes.

"It'll be on a case-by-case basis, and on the merits in terms of what I believe best serves the public interest in the province. Very easy."

New conflict legislation

The Liberals promised earlier this week to introduce legislation to toughen the conflict law for MLAs and said it could include prohibiting "perceived" conflicts, which are not outlawed now.

Cabinet minister Roger Melanson said Friday that legislation will come soon.

Higgs said his party will support a tougher law but said there's only so much that laws can do to stop unethical actions.

"If we think that legislation will guard against behaviour of this magnitude and this type will we ever find legislation to prevent an action that is so deliberate?" he said.

Rule letsformer MLA lobby government

Meanwhile, integrity commissioner Alexandre Deschnes issued a statement late on Friday saying the so-called "cooling off" period in the conflict act will not prevent Arseneault from lobbying the Gallant government after he leaves office.

The section says a former MLA cannot "make representations on his or her own behalf or on behalf of any other person with respect to a contract or financial benefit" for 12 months after leaving office.

Deschnes says that means a former MLA could "lawfully engage" in lobbying "as soon as he leaves office" as long as it's not for "a contract or financial benefit."

He said if the goal of the act is to prohibit "the full scope" of lobbying by former MLAs for 12 months, the legislature needs to amend the law to make that clear.