Derek Kilbourn

Sounder News

The Chair of the Gabriola Fire Protection Improvement District says as of the start of April, the District had spent $16,994.00 to cover the costs of responding to Freedom of Information (FOIPP) requests.

These are monies spent since the company Privacy Works was retained to help District staff respond to FOIPP requests.

Fees incurred for March were $7,481.25, according to Fire Board Chair Paul Giffin.

Giffin stated at the March meeting of the Fire Board that these funds are coming from the operational budget of the fire department.

According to the 2024 proposed budget for the Fire District, there were $24,000 budgeted for Professional Fees.

John Moeller, chair of the Fire Board’s Financial Committee, said in November 2023 that accountant (annual audit) makes up $15,000 of this. Human Resources, legal matters, and FOIPP requests are also included in this line, which was increased from $16,000 in 2023.

Moeller had explained in November that there were increases in costs over 2023 – such as an increase in FOIPP requests, some Human Resources issues and various legal matters the Board has needed to deal with.

Giffin read in a statement at the April 3 Fire Board meeting that on March 13, 2024, the Office of the Information and Privacy Commissioner for B.C. (OIPC) contacted the Gabriola Fire District with an investigator assigned to a complaint regarding an agreement the GFPID has signed.

The agreement requested was the one signed by the Fire District with the Royal Vancouver Yacht Club to provide fire service to the Yacht Club’s outstation on Tugboat Island in Silva Bay.

Giffin said the issue arose from a request received on June 9 2023. This request contained a list of four items.

On August 29 2023, three of the four items were released. The agreement between the Fire District and Yacht club was the item that was not released.

Giffin said the agreement was not created by the GFPID and as a result the author of the document was contacted and advised of the request. He stated the author objected under several sections of the Freedom of Information and Privacy Act.

The FOIPP applicant was so advised and filed a complaint with the OIPC.

Giffin said the OIPC has reviewed all relevant material and the agreement has now been released.

Giffin said in response to a FOIPP request made on Jan 18th 2024, 94 pages of documents were released on March 13, 2024. Giffin said fees collected by the District from the applicant for this request were $160.

The Jan. 18 request read as follows.

1. Agendas and minutes of all standing committee meetings, select committee meetings, working group meetings, and any other meetings of the GFPID held between May 01, 2023 through October 31, 2023 (inclusive). This request includes records of recommendations, referrals, and reports composed by or made to the board by committee members, employees, or volunteers.

2. The agenda (including reports, studies, briefings, correspondence, or other reference materials composed or received by the board or staff) and minutes of all meetings of the board held in camera, or closed to the public, or held in the absence of the public, for the time period May 01 2023 through October 31, 2023 (inclusive).

3. records of resolutions made to close any meeting or part thereof to the public during the time period May 01 2023 through October 31, 2023 (inclusive) as described in GFPID Bylaw 97 S 8.

Giffin said that in the Jan. 18 request, several pages were fully redacted and several pages were the drafts of meeting minutes that were subsequently approved by the Board and posted on the website.

On March 18 2024 the OIPC contacted the GFPID with respect to a request dated April 28 2023.

This request was for all the by-laws of the GFPID.

On May 10 a response was sent to the applicant advising all the current bylaws are on the website, and that to supply all the bylaws would require an archival search. This would incur fees. The applicant was asked if they wished to continue?

Giffin said there was no response to this correspondence, saying, “this is just one of several anomalies on this file.

“Working with the OIPC, it was subsequently agreed that in the spirit of cooperation all by-laws from 2000 on would be released. This process is currently underway.

“Last month in my report I noted that we had released in the order of 100 pages of documents with respect to a request by an applicant.

“On March 21 the GFPID was advised that the applicant was not satisfied with the response by the GFPID, Privacy Works, or the OIPC investigator and the matter will now proceed to inquiry.

“We have been informed that this process will take us several months down the road and historically the costs for these sorts of things runs in the area of $5,000.”

Giffin said that there are, in some cases, long time spans between events.

“In essence when an applicant complains to the OIPC we operate on the schedule of the OIPC and they currently have a backlog.”

After Giffin had read the statement aloud, noting the monies are coming from the operational budget of the GVFD, Fire Chief Will Sprogis asked, “how are we supposed to operate the fire department with that money missing?”

Giffin said, “that’s the question I go to sleep at night wondering.”

The agreement between the GVFD and Yacht Club was signed on Jan. 18, 2022 by Chair Giffin.

It states that the Department (GVFD) would provide, as a good neighbour, the following aid for Wildfires on Tugboat Island:

• A Code “3” response to 34 I 5 South Road (Page’s Inn)

• Four (4) GVFD members with Wildland personal protective equipment.

• Minimum of one (I) Wild land portable fire pump with suction pump and strainer

• Enough Wildland Econo-line hose to contain a small area

• Each member would be equipped with some small tools, i.e. Pulaski and shovels

• One (I) or two (2) water backpacks

• Radios for GVFD members

The agreement says that RVYC Tugboat will provide transport to and from Tugboat Island from 3415 South Road for all members and equipment via private member boats or the RVYC tender.

The GVFD is under no obligation or contract to attend and can refuse to respond based on their own operational abilities. GVFD will cover their members with WCB while working on Tugboat Island from call initiation to being returned to the docks at 3415 South Road.

This arrangement may be terminated by either party without notice.

This arrangement is for Wildland fires only and does not include structural suppression. In the event of a structure fire on Tugboat Island the GVFD may be called to prevent the spread into Wildland Interface. RVYC will compensate the GVFD with a $250.00 per callout fee, plus the Inter-Operational Procedures & Reimbursement Rates for volunteer department personnel at the time of call, for Wildland suppression on Tugboat Island. RVYC will also be utilizing BC Wildland Suppression Services for any Wildfires.

The next meeting of the Gabriola Fire Board is scheduled for 4pm on May 1, at the Albert Reed Memorial Fire Hall.

The Tugboat Island agreement is one of the items on the agenda for the May 1 meeting.

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