Open Letter to Eric Foster

On the heels of Shane Simpson (BC NDP Caucus Chairman) who pleads with Eric Foster to re-consider the decision by the Special Committee to appoint an Auditor - General (read more here)

Ind. Cariboo-North MLA Bob Simpson has gotten in on the act by placing an "Open Letter" to Foster on his website (see below in a moment) but it doesn't appear the BC Liberals members' will be swayed and will push for someone new.  It is "within the realms of possibilities" that new candidates for BC Auditor-General are sought and Doyle re-appointed after that process but all statements from either BC Liberal MLA's Foster, Les or Krueger basically say that this won't happen

Letter from B. Simpson to E. Foster:

Dear Mr. Foster:

I am writing in support of the reappointment of Auditor General John Doyle. As Chair of the Special Committee to Appoint an Auditor General, I respectfully request that at its next meeting the Committee revisit the decision to not reappoint Mr. Doyle as Auditor General.

Over the course of his term, Mr. Doyle has demonstrated the qualities required to uphold the integrity of this independent office. Public support and trust in Mr. Doyle’s work as Auditor General is apparent; by contrast, the Committee’s in camera decision to not reappoint Mr. Doyle has been met with vocal and widespread opposition.

As Committee Chair you have publicly stated there is no precedent for revisiting the decision to not reappoint Mr. Doyle. That statement is misleading. The Auditor General Act was changed in 2003 to specify a new procedure for the re-appointment of the Auditor General and this is the very first time this new procedure is being used. Therefore there can be no “precedent,” because the process is being tested for the first time. Your Committee is, in fact, establishing the precedent, and unfortunately it is one that clearly undermines the integrity and transparency of the legislative function in British Columbia.

To have a process that enables a single MLA to decide, without public accountability or transparency, to deny the re-appointment of the Auditor General is absurd and unacceptable. Under the current Act, as in the past, the recommendation to appoint an Auditor General comes to the Legislative Assembly for ratification, and it is the Legislature that makes the final recommendation to the Lieutenant Governor on the appointment. Unfortunately, there is no such referral to the Legislature on the Committee’s decision to not reappoint a sitting Auditor General. It is this omission, the failure in the 2003 Act to require referral of the decision to notreappoint to the entire body of 85 MLAs, which empowers one MLA to reject the reappointment of the Auditor General, to the detriment of the integrity of the legislative function.

The 2003 Act states that the Committee is granted 60 days to respond to Mr. Doyle’s notice seeking reappointment. It is my understanding that this 60 day window does not end until January 28. Therefore, the Committee still has the ability to revisit its decision while meeting the spirit and intent of the existing Act by making a final determination about Mr. Doyle’s reappointment within the 60 day window. You are free to establish a precedent as your Committee tests this new reappointment process. I hope you will allow common sense to prevail and reverse the current decision to not re-appoint a public servant who has so completely fulfilled all of the obligations of his position and held us all to account.

I also request that the Committee make recommendations to the Legislature to alter the reappointment process in the 2003 Auditor General Act. A single MLA on the Committee should not have the power to block the reappointment of a sitting Auditor General without requiring a public account of the Committee’s decision and vote.

I believe there are two possible ways to address this process problem. First, the decision to not reappoint should be referred to the Legislature as a whole, just like the initial decision to appoint an Auditor General. This would enable all 85 MLAs to vote on the public record, and each of us would be held to account for our own personal reasons for either supporting or not supporting the motion to not reappoint.

Better yet, given the lack of trust in the ability of MLAs to make a reappointment decision in the public interest generated by this current decision, British Columbia should simply extend the term of the Auditor General’s appointment and make it a one term appointment only. I’ve provided a table that outlines the terms of Auditors General across Canada and whether provinces reappoint or not. The simplest solution to the current morass is to have legislation introduced this session that mirrors the Federal Auditor General Act, which would see BC’s Auditor General appointed to a single 10 year term.

It is my sincere hope that you will show the leadership necessary to resolve this matter in a way that restores some integrity to the critical process of appointing an Auditor General. I urge you to give the Committee the opportunity to reverse its current decision on Mr. Doyle’s reappointment and to recommend either legislative changes to the reappointment process that would enable the Legislature to make the final decision on reappointment, or which would change the terms of the office so this troublesome reappointment process is made moot.

Thank you,

Bob Simpson
Independent MLA, Cariboo North

Cc:       Honourable Christy Clark, Premier of British Columbia
Cc:       Honourable Adrian Dix, MLA Vancouver-Kingsway
Cc:       Kathy Corrigan, MLA Burnaby-Deer Lake
Cc:       Blair Lekstrom, MLA Peace River South
Cc:       John Les, MLA Chilliwack
Cc:       Bruce Ralston, MLA Surrey-Whalley