Both MacKay and current ACOA minister Gail Shea have frequently cited paragraph 197 of the report. It says no political staff were found to be involved in the inappropriate appointment of MacAdam.
But paragraph 197 was very different in the original draft of the report.
In both versions, investigators conclude that senior ACOA executives bent rules so that MacAdam, a former MacKay staffer and Progressive Conservative cabinet minister in Prince Edward Island, could qualify for the job.
But in the early version, investigators question what motivated senior ACOA staffers to break the rules.
“On the balance of probabilities, it is not likely that Mr. MacAdam’s expression of interest would have resulted in senior ACOA officials making these decisions,” says the original draft of the report.
“It is more likely that some other factor or circumstances motivated their behaviour in this matter. However, based on the evidence gathered in the course of this investigation, the source of this influence remains unknown.”
The draft report does not speculate where the outside influence came from and still concludes “the evidence gathered during this investigation does not show that actions from the ministers of ACOA or their political staff influenced any decisions.”
The draft report was sent to various ACOA and political staff on July 12, 2010. They had two weeks to send in feedback.
John MacDonell, chief of staff to MacKay, wrote back, objecting to the paragraph referring to unknown influence.
MacDonell wrote that the commission reached its conclusion about an outside influence “without any evidence.” He said the paragraph could wrongly be used to imply political ministers or their staff were at fault.
“It is respectfully submitted that the findings and conclusions in this report should be based only on evidence and fact, and it is inappropriate to use language which could give rise to innuendo,” wrote MacDonell.
The commission adopted MacDonell’s proposed changes and deleted the paragraph.
The commission refused other requests at leniency. MacKay himself asked that MacAdam and another staffer be allowed to keep their jobs.
MacKay argued it “would be manifestly unjust” to strip the men of their jobs when they were not the ones who broke the rules.
The second staffer’s name is redacted, but it is believed to be another MacKay staffer, Shaun Masterson (whose first name is sometimes spelled Shawn in government records). Both Masterson and MacAdam had their ACOA appointments revoked because the process was found to be bent in their favour.
Four senior ACOA managers were found to have acted inappropriately in the MacAdam appointment: former president Monique Collette, current president Paul LeBlanc, vice-president for P.E.I. Patrick Dorsey and director general of human resources (P.E.I.) Kent Estabrooks.
LeBlanc, Estabrooks, Dorsey and MacAdam all filed submissions refuting the commission’s findings of wrongdoing and the punishments doled out. All except LeBlanc are challenging the commission’s findings at the Federal Court level.
On top of revoking two appointments, the commission ordered Estabrooks and Dorsey to take two ethics courses: Leadership through Values and Ethics and Staffing: A Resource Tool for Managers at the Canada School of Public Service.
The duo also lost their appointment authorities for three years. They say the commission erred in judgment when it found they acted inappropriately.
Stewart McKelvey lawyer Jonathan Coady, writing on behalf of Dorsey, told the commission “there was no ethical lapse in this case that requires correction” and “there is absolutely no legal or factual basis for that proposed action.”
Original Article
Source: thechronicleherald.ca
Author: PAUL McLEOD
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