Hale terms of reference set
Published May 7, 2009
Leadership Contest Committee of the Saskatchewan New Democratic Party

Terms of Reference
(May 6, 2009)

Re: Meadow Lake Constituency Membership Applications Investigation

Whereas the Leadership Contest Committee ("LCC") of the Saskatchewan New Democratic Party ("NDP") is the body responsible for overseeing the rules and conduct of the NDP's 2008-09 leadership contest;

And whereas concerns have arisen in relation to 1100 membership applications from the Meadow Lake Constituency submitted in April 2009 by the Dwain Lingenfelter Campaign to the NDP;

And whereas Dwain Lingenfelter has since publicly confirmed that his campaign cannot vouch for the accuracy of the subject memberships;

And whereas the LCC has determined that all 1100 membership applications will be rejected and not entitled to vote in the leadership contest;

And whereas the LCC has also determined that it is necessary to investigate the circumstances surrounding the aforementioned membership applications;

And whereas to assist with the investigation the NDP has retained the services of Swift Current lawyer, Bob Hale;

NOW therefore the terms of reference for this investigation include the following:

1.    Bob Hale shall interview persons and obtain all relevant documentation that may  
be necessary to assist the LCC in endeavouring to answer the following:

a)    Who within the Dwain Lingenfelter Campaign had oversight and responsibility for the processing of membership applications, and in particular the subject 1100 membership applications?

b)    When did Dwain Lingenfelter and the senior members of the Dwain Lingenfelter Campaign first become aware of a problem with the subject membership applications and how did they become aware of the problem?

c)    What process did the Dwain Lingenfelter Campaign follow in terms of obtaining and processing the subject membership applications?

d)    Who obtained the names of the applicants on the 1100 membership applications in issue and how and when were those names obtained?

e)    Who completed the handwritten information on the subject 1100 membership applications, including the signatures of the purported applicants?  How were the birthdates shown on the membership applications obtained?

f)    Who were the individuals involved at the local level in the Meadow Lake Constituency in obtaining any of the subject 1100 membership applications?  What instructions, training and/or incentives were provided to these individuals and what, if any, expectations were conveyed to them about obtaining membership applications?

g)    Who handled the membership applications once received at the Dwain  
Lingenfelter Campaign office and what role did each play in terms of their handling of the membership applications?  Did any of these individuals have any concern about the accuracy or legitimacy of the subject membership applications prior to April 30, 2009, and if so what were their concerns and to whom, if anybody, did they express them?

h)    Dwain Lingenfelter has publicly stated that because of the financial "hardship" to the applicants his campaign paid for the membership fees that accompanied the submission to the NDP of the subject membership applications.  How was it determined all of these 1100 applicants were financial "hardship" cases, when was it so determined, and who made that decision?

i)    Dwain Lingenfelter has publicly stated that his campaign paid for the membership fees that accompanied the submission to the NDP of the subject membership applications.  Payment for the subject membership applications was tendered in cash (primarily bills of $10 and $20).  Why did the Dwain Lingenfelter Campaign provide payment to the NDP in cash as opposed to by cheque?

j)    To ascertain the timelines and process followed by the NDP when the subject 1100 memberships were submitted to the Provincial Office?

k)    How might a similar circumstance be avoided in the future?

2.    Bob Hale is to provide his written report, which will include his recommendations about how to avoid a similar circumstance in the future, to the LCC by not later than 5 p.m. on Tuesday May 12, 2009, or such other date and time as the LCC may determine.
 
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