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Health PEI’s new CEO’s contract includes a non-disparagement clause
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Health PEI’s new CEO’s contract includes a non-disparagement clause

Health Minister Mark McLane says a non-disparagement clause in Health PEI’s new CEO Melanie Fraser’s contract is “common practice” and “quite “current”, although he cannot explain why such a clause was not included in the contract with his predecessor.

As first reported by The Guardian, Fraser’s contract with the province does not allow him to “make statements defamatory or disparaging of the personal or institutional reputation, practices or conduct of the employer, government or of one of their respective representatives.

A copy of the contract, dated February 19, 2024, was obtained through freedom of information legislation.

The ban “extends to statements made verbally, in writing and electronically, including, but not limited to, statements made on social media.”

Two women and a man stand in front of a Prince Edward Island flag.
Health Minister Mark McLane, pictured here with Fraser, right, and Dr. Krista Cassell of the Prince Edward Island Medical Society, says the non-disparagement clause won’t prevent the CEO of Health PEI. to publicly disagree with the government on health care issues. (Nicola MacLeod/CBC)

The former CEO of Prince Edward Island’s provincial health authority, Dr. Michael Gardam, has left his position after what became a very public dispute with the provincial government over his decision to support a new medical school on the UPEI campus in Charlottetown.

Speaking to reporters Tuesday about the non-disparagement clause, McLane said it would not prevent the new CEO from publicly disagreeing with the government on health care issues.

“I think she’s been upfront about the challenges we face. I think she’s proven that accountability and transparency are very important to her,” McLane said.

He added: “It is unfortunate that our former CEO’s relationship (with the government) has deteriorated.”

Gardam has publicly expressed concerns, as have groups like the PEI Medical Society, that the province’s beleaguered health care system would not be able to support UPEI’s new medical school.

A bald man with glasses and a beard, dressed in an open shirt and work jacket, speaks into a microphone at a conference table.
Former Health PEI CEO Dr. Michael Gardam clashed with Minister Steven Myers during an appearance before the province’s health committee in January. (Legislative Assembly of Prince Edward Island)

During a sometimes tense appearance before the provincial health committee in early 2024, Gardam was asked whether the premier’s office had ever told him to “stand in line” or “go along” with policies or to government guidelines.

Gardam responded that he had been told that, mainly in regards to medical school.

“I’ve struggled with this, because I see the potential risk to the health care system in the way we’re doing this,” he said. “That’s when I decided, you know, it was time for me to go.”

I often wish it was me, but he actually retired.— Prime Minister Dennis King, when asked who told Dr. Michael Gardam to go

Gardam was criticized by the government during the meeting, with Minister Steven Myers accusing him of lying to the public about plans for an intensive care unit at Prince County Hospital in Summerside.

The next day, Gardam — who had already made the decision to step down but remained to help negotiate a new contract with the province’s doctors — said he had been he was told he wouldn’t do any more work with Health PEI.

When asked a month later in the legislature who had fired the CEO, Premier Dennis King replied: “I often wish it was me, but he actually retired.”

Perceived lack of independence

Last week, the Auditor General of Prince Edward Island released a report express concerns about salary increases for senior management that took place under Gardam’s leadership, although the CEO’s salary was not among the areas of concern.

Premier Dennis King talks land protection, Health PEI salaries and immigration

The fall session of the Prince Edward Island Legislative Assembly resumes, and CBC News: Compass host Louise Martin recently sat down with Premier Dennis King to discuss this what to expect. Note: CBC News contacted former Health PEI CEO Dr. Michael Gardam to respond to the Prime Minister’s comments regarding the Auditor General’s report on negotiated wages during his tenure. Gardam said he would not comment at this time.

McLane referenced that report when asked about the non-disparagement clause in Fraser’s contract, saying “our crown corporations are mandated to operate in a certain way…That’s the process that they are supposed to work and govern.”

Gardam’s departure has reignited long-standing concerns about a perceived lack of independence within the provincial health authority.

A year before Gardam’s departure, the chair of the board of directors of Health PEI. Derek Key has resignedciting, among other concerns, the health authority’s inability to operate independently of government without direction from “politicians facing four-year election cycles.”

CBC News contacted Health PEI. to seek comment from Fraser, but did not receive an immediate response.

Gardam, now a faculty member at the University of Ottawa, told CBC News by email that “as a general rule, if a person disagrees with their boss, and the issue is very important, to In my opinion, the only choice is to resign. “.