Skip to content

COLUMN: Politicians only face real justice on Election Day

There’s really not much consensus — or at least public consensus — on what can and should be done to thwart bad behaviour
2020-03-19 Barrie City Hall RB
Barrie City Hall backdrops businesses along downtown's Dunlop Street East. Raymond Bowe/BarrieToday

Until there are real consequences for bad behaviour, some municipal councillors are going to be badly behaved.

That’s just human nature, unfortunately.

And it has not gone unnoticed.

Barrie residents are certainly aware of a workplace harassment investigation involving a city councillor and a city employee. It has dragged on since last October despite hours of closed-door council meetings, a settlement of sorts, corrective measures for the officially unnamed councillor, a review of city staff’s handling of the complaint that led to the investigation, and certainly substantial legal bills. 

Others have noticed, too.

Orleans MPP Stephen Blais, the Liberal municipal affairs critic, introduced a bill in the Ontario legislature last week which aims to create a process that could force a local councillor to vacate his or her seat for violations to workplace violence and harassment policies. The mechanism would be directing the municipality’s integrity commissioner to apply to the courts for this outcome.

Even the Conservative provincial government has noticed, launching consultations this month with the municipal sector in an effort to strengthen accountability for council members. The province says it wants to ensure councillors and heads of council maintain a safe and respectful workplace and carry out their duties as elected officials in an ethical and responsible manner.

While the Conservative measures are vague, and Blais’ methods are very specific, there’s really not much consensus  or at least public consensus  on what can and should be done to thwart bad behaviour.

Ottawa and Brampton, for example, investigated serious workplace violence and sexual harassment cases by members of their councils. The most severe penalty that can be imposed on a councillor was imposed  a pay suspension for 90 days  in both cases.

But serious workplace violence and sexual harassment? Wouldn’t these matters be better handled by police?

In Barrie’s case, very little is known about what happened to cause the workplace harassment investigation. There have been rumours  there always are  but the facts have not come out. Almost everything has been done behind closed doors.

The exception was a public motion that Toronto law firm Aird Berlis LPP, which the city hired last fall, be directed to investigate staff’s preparation and presentation of a confidential memo, and how it differed from previous memos of similar nature, based on direction given March 8. But there was no public discussion among councillors and the motion failed.

That was about as close as Barrie residents have gotten to any sort of truth, and it wasn’t very near.

Which isn’t to say city council doesn’t have reasons for keeping a lid on all of this; the Ontario Municipal Act lists a baker’s dozen reasons to close the door. In this case potential litigation, a personal matter or solicitor-client privilege could be cited.

Careful examination of the many elements of the motions Barrie council has passed gives some indication about what happened. Not much, but some.

The councillor in question will take workplace violence and harassment training, be required to strictly comply with the city’s staff- council relations policy, only make contact with staff through appropriate management and, if requested, write an apology to the city employee, and council, for their conduct.

Council also loosened the deadline for filing complaints under its Code of Conduct, an agreed-upon understanding by all members of city council about what standards they should meet in the individual conduct of their official duties.

There’s been no real talk, however, of giving the integrity commissioner more authority to deal with this type of incident, but that authority is at the whim of council anyway. The Municipal Act states that if the integrity commissioner determines a councillor has contravened the municipality’s code of conduct, the council can impose a penalty  either a reprimand or forfeiting as much as 90 days’ pay. 

Oftentimes, the only real justice politicians face is on Election Day.

While most voters need a good reason to cast their ballots for a candidate, they don’t need much excuse to vote for someone else.


Comments

Verified reader

If you would like to apply to become a verified commenter, please fill out this form.




Bob Bruton

About the Author: Bob Bruton

Bob Bruton is a full-time BarrieToday reporter who covers politics and city hall.
Read more