Long-time Nanaimo councillor slams freedom of information as “ludicrous,” “ridiculous” and “such a waste”

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ouncil majority leader Bill Bestwick launched a tirade against citizens’ information rights after getting a request for his messages with Tracy Samra.

Email records show that Mr. Bestwick shot off his 200-word rant shortly after he received a freedom of information (FOI) request from an unidentified individual.

The request asked for copies of Mr. Bestwick’s emails with the suspended city manager for the period January 30 to February 2 this year.

That period is significant because it is shortly before and after RCMP arrested Ms. Samra for allegedly uttering threats during an incident at city hall on Jan. 31.

Mr. Bestwick has long been one of Ms. Samra’s staunchest supporters and was the primary proponent behind hiring her as city manager and later increasing her salary and paying her a bonus.

The city manager is scheduled to make her case against being terminated from her job over the city hall incident and an expenses scandal at a closed council meeting next week.

“Toxicity of all consumed citizen”

Less than 30 minutes after a staff member forwarded the FOI request to him, Mr. Bestwick fired off a reply email addressed “To whom it may concern” and city clerk Sheila Gurrie.

“These requests are and have become an obsession with a minority of activists locally,” wrote the councillor.

“The toxicity perpetuated by the all consumed citizen needs addressed (sic),” he added.

Mr. Bestwick slammed FOI requests as “ludicrous,” “beyond acceptable,” “ridiculous,” “such a waste” and “costing taxpayers thousands upon thousands upon thousands of dollars, senselessly.”

The preamble to BC’s Freedom of Information and Protection of Privacy Act (FOIPPA) says it’s intended to “make public bodies more accountable to the public” by giving the public a right to access records.

Mr. Bestwick demanded that Ms. Gurrie or mayor Bill McKay get a legal opinion on whether the city could charge fees to members of the public who seek information. The city already charges fees as permitted under FOIPPA.

He also requested an in-camera meeting on the topic where he wanted information on the number of FOI requests the city had received and their costs.

Bulletin reporter admits filing 50 requests

At the time, Ms. Gurrie had been working on a report to council about the city being swamped with FOI requests at a rate higher than bigger cities like Vancouver and Surrey.

Her report, presented at the April 23 council meeting, said the city had received 168 requests in the first 14 weeks of the year and was on track for 624 by year-end.

Nanaimo News Bulletin reporter Nicholas Pescod has admitted that he was the most prolific requester. He made about 50 requests, which the city later whittled down to 36.

It is not known who made the request that sparked Mr. Bestwick’s tirade because the city cannot by law divulge the identity of those who file FOI requests.

In the end, Mr. Bestwick handed over only a handful of routine emails between himself and Ms. Samra from Jan. 30, the day prior to the incident that will see her in court in Nanaimo June 5 to face a peace bond application that has been postponed four times.

Mr. Bestwick’s complete email is posted below:

To Whom It May Concern

Ms Gurrie

These requests are and have become an obsession with a minority of activists locally.

The ridiculousness of these requests is costing tax payers thousands upon thousands upon thousands of dollars, senselessly.

I understand the City of Nanaimo is exceeding 500 requests annually, which is about 25% more than the City of Vancouver.

The toxicity perpetuated by the all consumed citizen needs addressed.

There is a reason why the City started charging citizens for printed Agendas. Cost, staff resources, toner, etc.

Now, excessive amounts of ludicrous entitled FOIPPA requests is beyond acceptable. The costs alone is ridiculous.

The legal costs of the City are compounded as a result. Such a waste.

Ms Gurrie (and/or Mr Mayor) I would like to know:

1. How many FOI’s have been requested the last 18 months?

2. How many unique requests have been made?

3. How many by Person A, Person B, Person C etc

4. The complete and total average cost to administer each request?

5. Place on the next agenda In Camera

6. Legal opinion on charging FOI applicant requests.

Assumedly, with the results of the above.

Bill