An Alberta MLA is calling on the province to explain the employment status of former Energy and Utilities Board (EUB) security officials who co-ordinated illegal spying activities.

Hugh MacDonald, the Liberal energy critic, wants to clarify whether the two people on the former EUB security team are now employed by the provincial government.

Newly appointed EUB chairman Bill Tilleman recently disbanded the two-person security unit after reports by a former provincial court judge and the province's privacy commissioner condemned spying activities. The EUB had hired a private investigation firm to spy on opponents of a proposed powerline between Calgary and Edmonton.

Tilleman announced that the security officials no longer work for the EUB, and transferred responsibility for its security to the solicitor general's department.

But it's unclear whether the two former EUB security officials are now employed by the provincial government in the solicitor general's department.

The EUB is an independent, quasi-judicial agency that regulates the energy industry on behalf of the provincial government. The energy ministry appoints the EUB chairman.

"I was led to believe, like countless others, that there were actions taken," said MacDonald. "Even (recently), people were questioning whether the right people were being punished."

The Liberals and NDP, and landowners who were under surveillance are calling for Energy Minister Mel Knight to resign, but energy ministry spokesman Bob McManus said Knight has no intention of stepping down.

McManus said the minister has taken decisive action in wake of the scandal.

"He did have ex-justice Del Perras conduct an investigation into plain-clothes security and make recommendations as to what should be done to ensure that it never happens again," said McManus. "He's stated publicly and repeatedly that the use of plain-clothes security was unnecessary and intolerable."

He said Knight has given new EUB chairman Tilleman a mandate to make whatever changes are necessary to ensure that no spying occurs again and public confidence is restored in the EUB.

McManus said he does not know whether EUB security team members are now working for a different government ministry.

He said Tilleman has already taken action by disbanding the security department and may take further action. "It will all happen in due course with due process," said McManus.

Media reports have stated that EUB security staff members were fired.

EUB spokesman Davis Sheremata said the security team staff members would not have been transferred to a government ministry.

But another EUB spokesman, Tom Neufeld, said he could not comment on whether security staff were transferred to a government ministry. He declined to say whether he knew their current employment status.

"Obviously, for reasons I'm sure you can understand - personal privacy - I will not comment on personnel matters," said Neufeld.

"I'm just not going to discuss their job status at all. But I can tell you that security function is no longer with the EUB. It's with the government - solicitor general's office."

Neufeld confirmed that the EUB's executive manager of corporate services, Al Palmer, has retained his post.

Now that security has been transferred to another ministry, Palmer is responsible for human resources, 14 buildings that EUB staff work out of across the province, communications and the agency's library, said Neufeld.

Palmer oversaw the security group, which co-ordinated the covert activities conducted by Calgary-based Shepp Johnman Investigations Canada.

According to media reports, Palmer denied knowing anything about any spying activities. However, his comments have been brought into question in light of findings by former justice Perras and Alberta's privacy commissioner.

MacDonald is now questioning whether any action was taken, other than shuffling security personnel to a government ministry. The uncertainty surrounding the security personnel and the fact Palmer kept his job indicate any action that was taken was inadequate and insufficient, he said.

"The entire security team was being disbanded," said MacDonald. "I'm very disappointed to learn that Mr. Palmer is still at the EUB. I still think that there is every reason in the world for a public inquiry into how this happened, who was involved and why they decided to have covert investigators hired to monitor and spy on innocent and unsuspecting citizens who were exercising their democratic rights."

The EUB hired Shepp Johnman to conduct undercover surveillance on opponents who watched an EUB hearing on the powerline via closed-circuit TV from a Rimbey courtroom. The opponents were required to watch the proceedings via TV because a scuffle had previously occurred at one session.

An undercover investigator also listened in on a conference call among the opponents.

A copy of an e-mail from Ray Ambler, who headed the EUB security group, obtained by the Liberals through a freedom of information (FOI) request, shows that EUB board members John Nichol, Ian Douglas and Graham Lock were notified about the covert activities at Rimbey.

The e-mail was also sent to Rimbey RCMP Cpl. Iain McClean as well as several EUB staff members.

"If we're going to restore public confidence in the EUB, there has to be a public inquiry as to how this all unfolded, why and who initiated it, because Ray Ambler had to be taking his orders from somebody," says MacDonald. "That somebody is not brave enough to come forward and accept responsibility for these unsavoury, undemocratic actions."

Other (FOI) documents show that the private investigation firm billed the province $22,000 for its activities at Rimbey and $7,000 for other investigations during EUB public hearings on the North West Upgrader at Redwater.

"The people who should be disciplined in the first place are the three board members who knew that this activity was being planned and implemented in Rimbey," said MacDonald. "Someone had to know about this spy operation in Redwater as well. The three board members, they should have been removed, and also the minister of energy. He's the man that's ultimately responsible for this agency."

(Monte Stewart can be reached at monte@businessedge.ca)