Report on councillor is deferred for as long as it takes
LAURIE WEIR
A significant development unfolded regarding the Integrity Commissioner’s (IC) report about a councillor complaint in Rideau Lakes on Tuesday, Sept. 3.
Despite the report’s details—including the nature of the complaint, the identity of the complainant, and when it occurred—remaining undisclosed, council voted 7-1 in favour of seeking a third-party investigation, which may include MMP assistance or an Ombudsman review.
Mayor Arie Hoogenboom proposed reconsidering the decision not to discuss the report publicly which happened on Aug. 12. “It’s hard to work as a team and it’s cumbersome to sit in the final judgment seat. I think that’s a flaw in the legislation and I made that point to the province.”
Although the report has not been made public, members of council have stated that the councillor being investigated is Linda Carr, and has been since October last year.
Hoogenboom said he thinks it’s unfortunate, and has said as much to MPP Steve Clark as well as the Minister of Municipal Affairs and Housing Paul Calandra. “Councillors are put in this position to rule on another councillor’s behaviour … whether it’s right or wrong we’ve been put in this position before.”
Coun. Paula Banks argued for an external review, citing procedural issues and delays. “Shall means you must, may mean you might, so if it said he shall report to council and ask for an extension within the 90 days he should have done that. He didn’t,” she said of the length of time it took for the investigation.
Deputy Mayor Marcia Maxwell, participating by phone, advocated for transparency: “The bottom line is that the report should be released to the public,” as she said the public is “going to wonder what on earth it is that we’re hiding. Once it is out, it can be discussed openly and people can voice their disagreement with the decision and/or the penalty. It’s caused a lot of controversy out in the public.”
Coun. Debra Anne Hutchings voiced concerns. “She’s being accused of being guilty, and there is other evidence that she’s not. And that evidence has not been brought forward. So, it’s going to be out in the public and possibly ruin her reputation and it’s not even been transparent. Are you going to put me in jail if I tell you the whole story?” she challenged.
Coun. Jeff Banks proposed changing the rules and involving MPPs. “In 25 years that I’ve been on council, I’ve never had an MPP do something for council. If we release this report to the public, we don’t have our cards to hold close to our chest … I think we should hold on and Mr. Calandra is going to receive a bunch of phone calls … we need to get him involved, because otherwise, what’s going to happen? Nothing. He probably doesn’t even know where Rideau Lakes is … he needs to send somebody down here, or a letter with his signature on it, so we can defend ourselves so he will change the legislation. If we make this public, we lose all our advantage in doing what needs to be done across the province. What’s worse is that they know there is a problem.”
Coun. Sue Dunfield noted there was much community support for deferring the report: “I’ve received a lot of emails and calls of support on a deferral and that we stand tall and strong because we know this was not done properly. Some people have provided Coun. Carr with written affirmations to support her and those people should not be called liars … people know Mrs. Carr … children rode her bus and parents know her well. There is no animosity toward this individual and I think we need to ensure that all of council sticks together on this.”
Veteran councillor Ron Pollard said he was always taught that “you will honour the government above you,” he said, at which point P. Banks threw her hand in the air to speak.
“I wasn’t done talking,” Pollard pointed out to her.
He continued: “Anybody that’s talking about it (Carr’s investigation) is not talking bad about it,” Pollard said. “They’re saying it’s sickening.”
Pollard added that if the report was made public “there would be nothing to it, rather than it be publicized on television (video recording).”
Another the opposition corner, but who voted in favour of the motion, is Coun. Joan Delaney who said she was “uncomfortable second guessing an impartial legal expert…”
She was interrupted by Coun. P. Banks’ who let out a head-tilting guffaw and a chorus of snorts from around the horseshoe followed.
“… who represents about 70 municipalities in Ontario,” Delaney said. She added that they are not trained in the law nor investigating.
“I have followed all of the AMO changes to the Integrity Commissioner’s responsibilities and they are basically looking at strengthening the penalties for infractions and breaches of the Municipal Act,” Delaney said. “They are trying to strengthen the powers of the Integrity Commissioner.”
Hoogenboom said this is a critical issue that he wants to get right. “I’m not against getting a second opinion whether that’s from the Ombudsman or the minister,” he said. “I’m always uncomfortable of the position of not making public a report that is required to be made public in a timely fashion.”
By not releasing it as soon as possible, “goes against the spirit of the legislation,” Hoogenboom said, but he supported P. Banks’ motion. “You’re expected to make these reports public subject to receiving them.”
In a recorded vote, seven voted for the motion to get a third-party review, with Coun. Carr abstaining. Coun. Maxwell was the lone nay vote.
