Kimberley Council on November 3, 2025 / Source: YouTube
The City of Kimberley has found that staff will not be able to launch an ethics investigation requested by one councillor due to a couple of reasons.
On November 3, Councillor Diana Fox asked for an investigation after being “targeted, bullied and intimidated” in relation to the proposed commercial development in Marysville.
“I received a call at 4:30 on the day of the bylaw vote to ban drive-thrus, telling me that there were concerns from a community member that I had a conflict of interest, and perhaps I should recuse myself,” Fox told Council in November. “4:30, the day of the vote. What on earth am I going to do to defend myself against that?”
The conflict of interest in question is Fox’s ownership of a restaurant in Kimberley, Mountain Grass Gallery and Bistro.
She recused herself from the vote that day, on March 24.
Since the Special Meeting in November, the City says in a release that Fox has launched two formal written complaints against a member of City staff and a Council member, both of which are “being handled in accordance with the relevant City policies”.
However, the initial request for an ethics investigation could not be fulfilled as Council was unable to authorize staff and financial resources to go ahead with it.
“First, the information provided does not articulate the parameters of the requested investigation,” wrote the City. “Second, the way in which the request was brought forward is in contravention of City bylaws.”
Bylaws state that the request should have been brought forward with a Notice of Motion, which would include a scope of the intended investigation. Council members also do not have the authority to direct staff directly – only through resolution or bylaw.
External parties will review Councillor Fox’s complaints and figure out the right process for resolution.
The City will not comment further at this time to allow the impartial adjudication process to take place.
Comments