in his defence, mclaren said he thought the comments were off the record or that he had retracted the words or asked immediately after he said them that they be off the record.
mclaren also said he followed the comment by saying “no” and shaking his head, body language that he assumed the interviewer would interpret a way of discarding the comment.
“i have explained that i shook my head, said no, and believed the exchange to have been concluded or dismissed. that communication — delivered through a combination of verbal and non-verbal cues — was made in good faith and in real time,” mclaren wrote in response to the integrity commissioner’s finding. “the fact that the journalist may not have interpreted by signals as i intended does not negate that i made them. communication, particularly in person, is rarely confined to the spoken word alone.”
cowan recommended that mclaren be reprimanded but not receive a monetary penalty.
“we are prepared to accept the councillor’s submission that his comments were an initial musing that he quickly discounted and attempted to distance himself from but was not successful,” cowan added. “nevertheless, we find that he never formally retracted the comments or specifically advised the author of the article that he did not want his comments reported.”