Long-time city councillor Ralph Cipolla is facing sanctions by the municipality’s integrity commissioner (IC).
The IC was asked to investigate Cipolla after receiving a complaint from a city bylaw enforcement officer who felt “intimidated” by Cipolla.
According to a report being tabled at Monday night’s city council meeting, the IC, in October of 2019, received a complaint alleging Coun. Cipolla “contravened the Council Code of Conduct when he pressured a municipal bylaw enforcement officer to cancel a ticket instead of following appropriate policy, he raised his voice at her, intimidated her, and made her feel uncomfortable when he patted her shoulder.”
The incident occurred after a man who parked his vehicle outside Cipolla’s downtown business received a $300 ticket for not having his accessible parking permit displayed properly. The permit number, identification number and dates were covered up, the report says.
The man was upset when he received the ticket and went into Cipolla’s store to complain. He then took his fight to City Hall, showed the bylaw officer his valid permit, and, unsuccessfully, appealed for the ticket to be repealed.
Moments later, notes the report, Cipolla then also arrived at City Hall. He explained the situation and asked for the ticket to be repealed.
According to the IC’s report, Cipolla “characterized his statement to the officer as more of a request and his efforts as simply seeking a way to help, rather than giving the officer direction to cancel the ticket.”
However, “in our view,” reads the report, “if the councillor was simply seeking guidance, that guidance was clearly given when the officer explained that a review form is required to be completed, when seeking cancellation of a ticket.”
The report notes other enforcement officers in the office at the time “corroborated the impression of the enforcement officer, that she was being directed to cancel the ticket.”
The IC agreed.
“In particular, we find that the councillor purported to direct the officer, interfered with and unduly influenced her in the performance of her duties, and took a step which influenced the administration of justice.”
The IC also noted the “councillor’s physical presence, standing over the officer while she sat at her desk, as he was directing her to cancel the ticket, had the effect of intimidating the officer.”
The “intimidation” was “compounded when the councillor patted the officer on the back as he thanked her and he left the office.”
“Although the gesture of patting the officer on the back on his way out was not interpreted as being sexual in nature, it was nonetheless experienced by the officer to be paternalistic and condescending, and we find that it is inappropriate conduct on the part of the councillorr,” notes the report.
“We find that the conduct of the councillor, and its impact on the officer, underscores the reason members of council are required to direct their concerns to the CAO or the appropriate member of senior management,” notes the report.
“We find that the conduct of Councillor Cipolla violated the Council Code of Conduct in regard to his conduct in attending at the by-law office, intimidating the officer, and directing the officer to cancel the ticket,” the report concludes.
Cipolla told OrilliaMatters he couldn’t say much, noting he would have more to say when the issue is discussed at Monday night’s council meeting.
“I will say my job as a councillor is to assist people of Orillia,” said Cipolla. “This gentlemen was very upset … and I felt obligated that I had to help him.”
He also said “the rules had changed” and that was part of the issue.
The commissioner’s report notes that in May of 2019, Orillia instituted a new process for cancellation of accessible parking tickets. This process requires that a form be filled out, which is reviewed by the Manager of Legislative Services.
This process, notes the report, “enables the city to ensure permit holders acknowledge their obligation to properly display the permit at all times when using a designated parking space, and allows staff to track whether this is a first offence, or whether the permit-holder has previously sought and obtained ticket cancellations in the past.
Cipolla also bristled at the “intimidation” allegation. “I’ve been in public life for 50 years and I’ve never had a complaint like this in my life.”
The IC has determined the contravention requires punishment and has recommended Cipolla lose five days pay. It’s up to council to endorse that recommendation - or not.
“The contravention by the councillor is more than a mere technical breach,” noted the report. “The rules around unduly influencing employees in their duties, and not attempting to influence the administration of justice, are in place to protect not only staff in the proper performance of their responsibilities but also very much in the public interest.”
The report goes on to say “the public is best served when the administration of justice is carried out in an impartial way, when citizens are afforded opportunities to file objections and appeals, but no one person can enjoy favouritism because of a relationship with a councillor who is willing to intervene in a process they do not play a legitimate part in.”
The report notes that even with respect to simple operational matters, “it is not appropriate for an elected official to seek to cause a member of staff to alter the course of instructions they have been provided by policy, or by their direct supervisors.
The IC has several options when it comes to recommending sanctions. The IC’s recommendations may include a reprimand, appropriate remedial actions or a monetary sanction of up to 90-days suspension of pay.
“The purpose of a sanction is to reinforce council’s ethical framework. In other words, the Code of Conduct must have ‘teeth’.
The report notes a monetary penalty “is not remedial (but) it can serve as a deterrent, sending a message that the behaviour falls below the standard expected of the community’s elected representatives.”
“We believe this is an instance where a sanction is called for, to signify that such action on the part of members of council is not acceptable or appropriate,” notes the commissioner.
The IC recommends:
- That Council pass the following resolution: That having been found to have breached the City of Orillia’s Council Code of Conduct, Councillor Cipolla’s pay be suspended for a period of 5 days.
- And that this Report be posted on the City of Orillia’s website for public access.
The matter is up for discussion at Monday night's city council meeting.
