Orlikow cleared of Parker lands ethics breaches, but urged to apologize

The office of Winnipeg's integrity commissioner has cleared Coun. John Orlikowof three allegations of Parker lands ethics breaches while encouraging the councillor to apologize for disrespecting the developer of the Fort Garry property.

In a report obtained by CBC News, acting integrity commissioner Gregory Levinedismissed three complaints levelled by developer Andrew Marquess againstOrlikow, the River Heights-Fort Garry councillor.

Marquess, who has owned the Parker lands since 2009,is embroiled in a series of legal and procedural disputes with the cityover his efforts to build a residentialdevelopment that would be known as Fulton Grove.

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In 2018, Marquess alleged Orlikowattemptedto drag him into negotiations to sell part of his land in 2016, encouraged protestors to camp out on the site in 2017 anddiscouragedother city councillorsfrom attending apresentation about the development at the University of Manitoba in 2018.

In a 10-page report due to be published by city council on Friday, Levine analyzed and reviewed all three of the Marquess allegations and concluded Orlikow did not exert improper influence or derive any personal gain in all three instances. As a result, Orlikow did not breach a 1994 code of ethics that governed these complaints, Levine wrote.

"No breaches have been found respecting improper influence," he stated, adding provincial legislation ought to be amended to better flesh out what city councillors can and can not do.

But Levinealso recommended Orlikow apologize for his actions related to two of the complaints.

The acting integrity commissioner concluded Orlikowdisrespected Marquess by telling a reporter in 2016 hewanted to buy back some or all of the Parker lands in order to protect trees at the site while it was clear the developer had no interest in doing so.

"Is determining an interest in land purchases [or] sales in his ward really part of the councilmember's role?" asked Levine, opining there is "a kind of coercive quality to the interaction."

The acting commissioner also concludedOrlikow disrespectedMarquess by offering in 2017 to mediate the dispute between the developer and the protesters who were camping out on his land.

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"Jumping into the fray in this way simply seems inappropriate,"Levinestated.

Orlikow declined to comment Wednesday, when he was reached by phone by CBC News.

Marquess, meanwhile, said he feels vindicated by Levine's report.

"He raises some real concerns about theland negotiations," Marquess said in a telephone interview from Phoenix, Ariz. "No councillor is supposed to be negotiating individual land transactions."

Marquess said it will be up to city council to determine what it wants to do with the report. It will come before councillorsat ameeting slated for Jan. 31.

The developer also said it will be up to Orlikow to decide whether he will apologize.

In a letter to city council, Levine said while it is not customary to submit a report to council in cases where no ethical breaches are found, the integrity commissioner can submit a report when it involves an issue of public interest.

The need for better legislation and training for city councillors constitutes such an issue, he said.

"Council needs to encourage members through training to appreciate the limits of their role," Levine said, adding the province ought to amend the city charter as well.

Levine dealt with the allegations raised by Marquess because Winnipeg integrity commissioner Sherri Walsh recuses herself from cases involving Orlikow.

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Walsh made a donation of less than$100 to Orlikow's campaign for council in 2014.