Report to the Council of the Township of South Stormont
Notice: Municipal Integrity Commissioners provide investigation reports to their respective municipal council and, in most cases, make recommendations for imposition of penalty or other remedial action to the municipal Council. Therefore, reference should be made to the minutes of each particular municipal council to obtain information about the particular council's consideration of each report. When possible, a link to the relevant municipal council minutes is provided.
Table of Contents
BACKGROUND.. 3
REPORT. 3
CONCLUSION.. 5
RECOMMENDATION.. 5
Background
I received a complaint from Mayor Bryan McGillis dated October 1, 2013 alleging that Deputy Mayor Tammy Hart has repeatedly violated the Code of Conduct Policy for Members of Council (the "Code") in her rude and hostile behavior towards him, other members of Council, staff, developers, consultants and members of the public. He states that it is impossible for Council to move forward in the stressful work environment created by the Deputy Mayor. The Code prohibits harassment and requires members of Council to treat all persons with dignity, understanding and respect.
On October 28, 2013 I attended at the Township offices and separately interviewed all five members of Council beginning with the Mayor and ending with the Deputy Mayor.
Report
The first four members of Council interviewed by me spoke with one voice in confirming the Mayor's allegations that the Deputy Mayor is a disruptive force on Council because of her continuing harassment of the people around her. They agreed that their work environment is stressful and urged me to use my powers as Integrity Commissioner to penalize her. The Code, as amended in accordance with the Municipal Act, has given me the authority to reprimand her or suspend as much as 90 days of her remuneration as a member of Council.
The Complaint centers around the behavior of the Deputy Mayor in connection with three matters which came before Council, as follows:
1. Bio Pellet Plant Proposal
The Mayor accuses the Deputy Mayor of single handedly losing a proposal to construct a large industrial facility on lands owned by the Township. The Mayor and the balance of Council supported the proposal as an economic development opportunity for the Township with little risk except that unused lands would be tied up for a period of time. The proponent gave the Township a non-refundable deposit of $76,000 and attempted to obtain financing to build the plant. The Deputy Mayor was suspicious of the proponent's financial worth and vigorously opposed the project from the beginning.
The Mayor was likely right in supporting the proposal because of the potential benefit to the Township with minimal exposure. However, it is not my role as Integrity Commissioner to decide which member of Council is right or wrong. I must leave that to the electorate. My mandate is to enforce the Code of Conduct which does not prohibit strong opposition by any Councillor to any item before Council.
2. Organizational Review
The Township retained a management consultant to carry out an organizational review and the Deputy Mayor opposed the recommendations in the report. She made public her objection to Council considering the report in camera. She failed to understand the impact on the non-union employees of the Township in releasing a salary review before it is finalized and approved by Council. She also opposed adoption of the salary grid recommended by the consultant and felt that Council should decide on the salary levels for some of the jobs. She did not understand that the grid was based on the relative worth of every job in the organization using the principles of job evaluation. The process is a requirement of pay equity legislation
The Code of Conduct requires her to "respect the status of confidential information such as personnel". I find that she violated the Code of Conduct in speaking to the press about the report which contained personal information and was required to be discussed in camera.
3. Rezoning Application
An applicant for rezoning requested a meeting with the Mayor to talk about its application. The Mayor agreed to meet, which in my opinion, is appropriate for the head of Council to inform himself. I am satisfied that the Mayor would have also granted a request to meet from the ratepayers opposing the application. Unfortunately the applicant confirmed the meeting in a published letter and implied that the Mayor agreed to the application. The Mayor promptly corrected that by letter but the Deputy Mayor cried foul. On two occasions, in the presence of members of Council, she emotionally called the Mayor a liar. On the second occasion after a special meeting on the rezoning application, in the presence of all of Council, staff and an external consultant, she also called the Mayor "dirty".
Here, in my opinion, the Deputy Mayor has crossed the line under section D of the Code of Conduct under the heading, Interpersonal Behaviour of Members of Council. The Code of Conduct prohibits such an egregious personal attack on any person. As Integrity Commissioner in 9 municipalities, it is my general policy to extend to members of Council considerable latitude in political activities. One politician criticizing another is to be expected and freedom of speech applies. However, I find that the Deputy Mayor's verbal assault on the Mayor goes well beyond political banter. She needs to become part of the Council team, which I suggest, does not require her to be positive on every proposal before Council. She must learn to debate professionally her point of view without making personal attacks on persons who disagree with her. Once she has put her arguments forward and Council has voted, she must accept the majority decision and move on.
Conclusion
I have decided not to impose sanctions on the Deputy Mayor at this time. In the interview with me, she did indicate that she was willing to change. If in the future I receive another valid complaint that she continues to harass the Mayor or other persons she deals with as a Councillor, I will impose sanctions against her.
Recommendation
That Council receive the report of the Integrity commissioner dated November 13, 2013.
Robert J. Swayze
Integrity Commissioner
Township of South Stormont