Suspended Sgt-at-arms Gary Lenz gives an interview from his backyard after being cleared of misconduct in a report by the Supreme Court justice while at his home North Saanich, B.C., on Thursday, May 16, 2019. THE CANADIAN PRESS/Chad Hipolito

Suspended Sgt-at-arms Gary Lenz gives an interview from his backyard after being cleared of misconduct in a report by the Supreme Court justice while at his home North Saanich, B.C., on Thursday, May 16, 2019. THE CANADIAN PRESS/Chad Hipolito

Police Act report finds retired B.C. sgt-at-arms commits neglect of duty

Gary Lenz had announced his retirement earlier this month

British Columbia’s recently retired sergeant-at-arms committed neglect of duty and didn’t tell the truth during an investigation into misconduct at the provincial legislature, a report released Tuesday concluded.

The report by former Vancouver Police Department deputy chief Doug LePard came days after Gary Lenz announced his retirement, saying the damage to his reputation couldn’t be fully repaired after he was placed on administrative leave last year when questions were raised about his spending.

Former clerk of the house Craig James retired last May after former Supreme Court justice Beverley McLachlin concluded he improperly claimed benefits and used legislature property for personal reasons. But McLachlin found Lenz did not engage in misconduct.

READ MORE: B.C.’s sergeant-at-arms Gary Lenz resigns amid spending scandal

Legislature Speaker Darryl Plecas appointed LePard in June to conduct an independent Police Act investigation into allegations Lenz didn’t uphold his duty as a special provincial constable in over the removal of a truckload of alcohol from the legislature in April 2013 by the former clerk.

“I have concluded the evidence in its totality demonstrates that sergeant-at-arms Lenz did not uphold his oath as a special provincial constable and appears to substantiate that sergeant-at-arms Lenz committed neglect of duty for the failure in his sworn duty as a special provincial constable to adequately investigate the misappropriation of liquor by Mr. James,” LePard’s report says.

Lenz said in a statement Tuesday he rejects the findings in LePard’s report.

“I do not accept the conclusion reached by Mr. LePard that I did not give truthful testimony about my decision not to commence a formal investigation in to the removal of alcohol from the legislative precinct by Mr. James in 2013,” Lenz said. “I dispute that finding in the strongest possible terms.”

He said he has always told the truth while employed as sergeant-at-arms and was truthful in his testimony to LePard.

Lenz and James have denied any wrongdoing since they were placed on administrative leave in November 2018.

McLachlin’s report looked at administrative allegations made by Plecas in a report he released in January.

The Speaker alleged that Lenz and James engaged in inappropriate spending on personal items and foreign trips. His report also alleged inappropriate vacation pay outs and retirement allowances.

The RCMP said last November that it was investigating staff at the legislature, but it has not said who is the subject of the probe. Its investigation was aided by two special prosecutors, who have not commented on the case.

ALSO READ: Why would the B.C. legislature need a firewood splitter?

Lenz is a former RCMP detachment commander in nearby Sidney, B.C., who was appointed the legislature’s sergeant-at-arms in 2009. James was appointed clerk of the house in 2011.

The sergeant-at-arms is responsible for maintaining order in the legislative chamber and other areas used for the business of the house.

LePard’s report said he interviewed 14 witnesses, including Plecas, Mullen and Lenz. LePard said he also reviewed documents and some of Lenz’s cell phone records and emails.

The report said Lenz, with his lawyer present, was interviewed on Sept. 5 about the removal of alcohol from the legislature by James.

“He agreed it was a large load of liquor Mr. James took, but said that he assumed he was taking it to the liquor distribution branch for a refund,” the report says.

The report says Lenz told LePard he did not recall having a conversation with a witness who gave evidence that he confronted Lenz about the incident as being wrong and a theft.

“In my view, the evidence is clear that sergeant-at-arms Lenz was not telling the truth when he said orally and in writing to justice McLachlin that he assumed the liquor was being returned for refund and ‘is not aware of any theft of alcohol,’ ” LePard said in the report.

LePard said in the report it was not in his mandate to recommend discipline, but concluded “I find that sergeant-at-arms Lenz’s false oral and written statements to justice McLachlin constitute misconduct that is at the most serious end of the range of misconduct under the Police Act.”

The report, concluded prior to Lenz’s retirement announcement, said disciplinary action would range from suspension without pay to written and verbal reprimands or dismissal.

Dirk Meissner, The Canadian Press


Like us on Facebook and follow us on Twitter.

Just Posted

Black Press file photo
RCMP seek suspect in Vancouver Island-wide crime spree

Crimes stretched from Deep Bay to Qualicum, Ladysmith, Chemainus and Youbou

Jesse Roper tackles weeds in his garden to kick off the 2021 season of What’s In My Garden Man? (YouTube/Whats In My Garden)
VIDEO: Metchosin singer-songwriter Jesse Roper invites gardeners into his plot

What’s In My Garden, Man? kicks off with the poop on compost

(Victoria Cool Aid Society/Facebook)
Victoria food drive aims to feed those also struggling with housing

Quadra Village furniture store hosting drive-thru event Saturday from 10 a.m. to 2 p.m.

A sketch of the multi-use path that will connect Lagoon Beach and Royal Beach in Colwood. (Sketch courtesy of the City of Colwood)
Concepts for Colwood beach connector coming to council June 21

Major infrastructure project includes gathering places, public amenities and pathways

Victoria police are asking for witnesses who might have information about this tricycle that was stolen in downtown Victoria on Thursday. (Photo courtesy of VicPD)
Police seek witnesses after downtown Victoria company’s tricycle stolen

The three-wheeler was taken from the 2100-block of Store Street on Thursday

A small pod of Pacific white-sided dolphins pass by close to shore in Campbell River June 16, 2021. Still capture from video courtesy of Kimberly Hart
VIDEO: Dolphin sunset captured from Vancouver Island shore

Spectacular setting for view of travelling pod of Pacific white-sided dolphins

Police are asking for public assistance in locating Anthony Graham who has been charged with the murders of Kamloops brothers Carlo and Erick Fryer. (RCMP photo)
2 charged, suspect at large in killings of B.C. brothers linked to gang activity: RCMP

Kamloops brothers Erick and Carlo Fryer were found deceased in May on a remote Okanagan road

Albert Health Minister Tyler Shandro and Alberta Premier Jason Kenney unveil an opening sign after speaking about the Open for Summer Plan and next steps in the COVID-19 vaccine rollout, in Edmonton, Friday, June 18, 2021. THE CANADIAN PRESS/Jason Franson
Alberta 1st province in Canada to lift all COVID-19 public health restrictions

70.2% of eligible citizens 12 and older in the province have received a dose of the vaccine

Fraser Health registered nurse Ramn Manan draws a dose of the Pfizer COVID-19 vaccine into a syringe at a walk-up vaccination clinic at Bear Creek Park, in Surrey, B.C., on Monday, May 17, 2021. THE CANADIAN PRESS/Darryl Dyck
‘Honour our fathers’ with COVID-19 vaccine protection, B.C. urges

109 new cases Friday, 75 per cent of 12 and up immunized

Freighters have becomd abundant in the Trincomali Channel on the east side of Thetis Island.
Nanaimo ponders taking on waste from nearby anchored freighters

Vancouver-based Tymac petitioning the Regional District of Nanaimo to accept waste at its landfill

(Paul Henderson/ Chilliwack Progress)
Trutch Avenue in Chilliwack to be renamed to remove racist taint

New name to have Indigenous significance as Chilliwack takes new step toward reconciliation

Canadian Prime Minister Justin Trudeau is seen during a joint news conference following the EU-Canada Summit, in Brussels, Belgium, Tuesday June 15, 2021. Trudeau says Canada is on track now to have 68 million doses delivered by the end of July, which is more than enough to fully vaccinate all 33.2 million Canadians over the age of 12. THE CANADIAN PRESS/Adrian Wyld
Vaccine deliveries enough to fully vaccinate all eligible Canadians by end of July

Three in four eligible Canadians now have their first dose, nearly one in five fully vaccinated.

Chief Public Health Officer Theresa Tam listens to a question during a news conference, in Ottawa, Tuesday, Jan. 12, 2021. The number of confirmed COVID-19 cases attributed to the highly contagious Delta variant grew in Canada this week. THE CANADIAN PRESS/Adrian Wyld
Canada’s public health agency reports spike in confirmed cases of Delta variant

More than 2,000 cases of the variant confirmed across all 10 provinces and in one territory

Most Read