Reference Number: SIID-2022/23-058
Organization: Public Services and Procurement Canada
File Identification Number: SIID-2022/2023-058 (PSDPA)
File Identification Date: 2022-10-17
Findings and Conclusions: a serious breach of a code of conduct established under section 5 or 6
Case Description: Protected disclosures were received under the PSDPA regarding three allegations. The investigation uncovered an additional eleven allegations, for a total of fourteen allegations, relating to Conflicts of Interest situations, gross mismanagement and/or abuse/misuse of financial authority and/or of PSPC funds/material/position and failure to comply with interim measures by the Respondent. A “Conflict of Interest” (COI) refers to a situation in which an employee has private interests that could influence or appear to influence the performance of their official duties and responsibilities or in which the person employed uses their office for personal gain. “Associates” are defined in the PSPC Code of Conduct as non-relatives with whom the employee has a personal relationship resulting from circumstances or affinities beyond the normal day-to-day work and social interactions of colleagues. An “Outside [secondary] employment” refers to any form of remunerated employment outside the department, including self-owned and/or partnership-based businesses. Employees are required to submit a COI declaration form regarding all cases of outside employment and receive permission before engaging in outside work. Any PSPC employee may not use PSPC information technology for personal business or personal profit. The investigation found that a PSPC manager: •hired and supervised an “associate” without declaring his relationship with this person; •leased his personal tractor-trailer to a subcontractor for use on a PSPC contract; ·attempted to use his official role to inappropriately obtain an advantage for himself; •placed himself in a situation of conflict of interest situation by favouring a supplier that employed his family member and failed to declare the relationship •allowed the personal storage of equipment on PSPC premises without proper authority; •conducted personal business using his PSPC computer; •negotiated and entered in GoC contracts/agreements without authority; •misused acquisition cards and engaged in contract splitting; •took PSPC tools for personal use without authorization; •failed to comply with interim measures; •stored his Personal All-Terrain Vehicle on PSPC premises and used PSPC funds for its repairs without authorization; •provided PSPC electricity to a local motocross club without authorization; •failed to declare his secondary employment.
Recommendations and Corrective Measures: The departmental investigation has determined that all of the fourteen (14) above allegations were founded and that these constitute serious breaches of the Departmental Code of Conduct, the Values and Ethics Code for the Public Sector including, but not limited to, the Directive on Conflict of Interest, PSPC’s Policy on the Allocation and Usage of Information Technologies and the Financial Administration Act. The importance of avoiding conflict of interest situation, including any potential or apparent conflict of interest, is a fundamental aspect of PSPC’s standard of conduct and the Values and Ethics Code for the Public Sector. PSPC recognizes that avoiding and preventing situations that could give rise to a conflict of interest, or the appearance of a conflict of interest, is one of the primary means by which a public servant demonstrates integrity and maintains public confidence in the fairness and impartiality of the federal public sector. Values like respect, honesty, fairness, transparency, stewardship, excellence and leadership through responsible actions are compulsory qualities expected of any public servants and PSPC are committed to hold each to their individual and collective accountability. Corrective Measures: The employee failed in these fundamental requirements forming part of his/her terms and conditions of employment. As a result, disciplinary measures against the employee have been taken and based on some of the findings, the employee is no longer working for PSPC.