MICO 2017

A complaint was filed against a municipal councillor alleging that he contravened the Code of Conduct by issuing a news release concerning a forensic audit of the local Business Improvement Area.

The Integrity Commissioner found that the news release was factual, did not disclose confidential information, and did not constitute harassment or a breach of any specific provision of the Code.

The Commissioner also declined to follow the previous commissioner's interpretation that the 'Purpose' section of the Code could be contravened independently.

The complaint was dismissed.

A complaint was filed against a municipal councillor for disclosing a committee member's email address to other committee members without consent, allegedly breaching the Code of Conduct.

The Integrity Commissioner found that the email address constituted personal and confidential information, and that the councillor breached section 8.2 of the Code by disclosing it.

However, the Commissioner found no breach of section 8.5, as the information was used for a political purpose rather than personal or private gain.

The Commissioner recommended that the finding of a contravention be adopted but that no penalty be imposed, noting the councillor's immediate apology and the systemic lack of awareness regarding the protection of committee members' contact information.

A local resident filed a complaint alleging that a municipal councillor was in a conflict of interest and biased regarding the Town's consideration of switching to OPP policing, because the councillor was employed as the CAO of a county that used OPP policing.

The Integrity Commissioner found that the municipal Code of Conduct did not cover non-pecuniary conflicts of interest or common law bias.

Even if it did, the evidence did not establish that the councillor had a closed mind or a personal interest in the matter.

The complaint was dismissed as the councillor did not contravene any provisions of the Code.

The Integrity Commissioner investigated a complaint alleging that a municipal councillor breached the Council Code of Conduct by disclosing confidential, privileged legal advice from an in camera session during an open committee meeting.

The councillor admitted to the breach, explaining he felt compelled to counter perceived misinformation presented by opposing counsel.

The Commissioner found a clear contravention of the Code but recommended no sanctions, accepting the councillor's apology and commitment not to repeat the conduct, while issuing a strict warning against future disclosures.

The Integrity Commissioner investigated a complaint alleging that a former Regional Councillor and Deputy Mayor breached the City of Vaughan Code of Ethical Conduct.

The complaint alleged that the Respondent improperly used his influence to affect the Toronto and Region Conservation Authority's position on a proposed development and extended preferential treatment to the developer.

The Commissioner found that the Respondent breached Rule 7 by misrepresenting the TRCA's position to City Council and attempting to interfere with the TRCA's decision-making.

The allegation of preferential treatment was not substantiated.

As the Respondent had already resigned, the Commissioner submitted the report without recommending sanctions.

The Integrity Commissioner investigated a complaint against Deputy Mayor Michael Di Biase alleging sexual assault, sexual harassment, and reprisal.

The Commissioner declined jurisdiction over the sexual assault allegations as they were criminal in nature.

The Commissioner found that the Respondent breached Rule 14 of the Code of Ethical Conduct by sexually harassing the Complainant, creating an intimidating and offensive work environment.

The reprisal allegations were dismissed due to insufficient evidence linking the Respondent to the surveillance of the Complainant.

The Commissioner recommended a reprimand, a 90-day suspension of remuneration, and other corrective actions.

An employee of the Town of Orangeville filed a Code of Conduct complaint against a Council Member.

The respondent Council Member challenged the Integrity Commissioner's authority to investigate, arguing his reappointment was invalid due to a recent tied vote at Council.

The Integrity Commissioner issued an interim report confirming that his appointment had been validly renewed by a prior confirming by-law, which remained in effect.

The Commissioner declined to suspend the investigation and directed that it proceed.

An individual filed a complaint alleging that Warden Jennifer Murphy contravened the County's Council Code of Conduct based on comments in a local newspaper and her conduct at a township council meeting where she demanded an apology from another mayor.

The Integrity Commissioner issued an interim report declining to proceed further with the investigation, finding that the dispute involved political judgments and oratorical styles that fall outside the purview of an ethics investigation.

The Commissioner recommended no further action unless directed by County Council.

The Mayor of North Algona Wilberforce filed a Code of Conduct complaint against the Warden of Renfrew County following a public dispute over comments made at a council meeting.

The Integrity Commissioner issued an interim report declining to investigate the matter further, finding that the dispute involved political judgments and interpersonal behavior that did not warrant the further expenditure of municipal resources unless specifically directed by County Council.

The Mayor of the Township of North Algona Wilberforce filed a Code of Conduct complaint against two Councillors, alleging they engaged in harassment by repeatedly calling for her resignation and moving a motion to that effect.

The Integrity Commissioner found that while the motion was improper and hurtful, it was an isolated incident and did not constitute a course of conduct amounting to harassment under the Code.

The complaint was dismissed.

The Mayor filed a Code of Conduct complaint against the other four members of the municipal council, alleging that their handling of a prior workplace harassment investigation against her constituted harassment and breached confidentiality.

The Integrity Commissioner found that while the Mayor had legitimate concerns about the council's failure to publicly clear her name after the harassment investigation exonerated her, the specific allegations against the council members did not amount to a breach of the Code of Conduct.

The complaint was dismissed, and the Commissioner recommended an amendment to the Code to allow for the suspension of disproportionately costly investigations between council members.

The Mayor of the Township of North Algona Wilberforce filed a Code of Conduct complaint against a Councillor, alleging a relentless personal attack amounting to harassment.

The Integrity Commissioner investigated three specific allegations: that the Councillor improperly made public a personal letter from a temporary employee, announced that a closed session related to the Mayor, and gave unauthorized direction to the Public Works Director.

The Integrity Commissioner found that the Councillor did not contravene the Code of Conduct on any of the allegations.

The letter was made public by staff, the disclosure regarding the closed session did not breach confidentiality provisions, and the Councillor did not improperly direct staff.

The complaint was dismissed.

The Integrity Commissioner for the City of Elliot Lake investigated complaints filed by the former Director of Corporate Services against three municipal councillors.

The complainant alleged that one councillor engaged in harassment and attempted to interfere with staff duties, and that all three councillors held closed meetings in retaliation to terminate his employment.

The Commissioner noted that two of the respondent councillors and the complainant had since resigned.

Concluding that it was not in the public interest to continue the investigation, the Commissioner dismissed the complaints to allow the municipal council to make a fresh start with a newly hired Chief Administrative Officer, while warning councillors against interfering in the staff chain of command.

The Integrity Commissioner investigated complaints against the Mayor and several Councillors of the County of Brant regarding an incident at a Council meeting where the Mayor made derogatory comments about a former employee.

The Commissioner found that the Mayor breached the Code of Conduct by making the comments and attempting to deflect responsibility, recommending a 5-day suspension of remuneration.

Complaints against two Councillors who heard the remarks but failed to take action were upheld with a recommendation for a verbal reprimand.

Complaints against the remaining Councillors who did not hear the remarks were dismissed.

A member of the public filed a complaint alleging that two city councillors and the chair of an arena board of management contravened the Code of Conduct by failing to adhere to the City's Donations Policy when approving a sign bylaw amendment.

The Integrity Commissioner investigated and found that the Donations Policy did not apply to the sign approval process, as determined by appropriate City staff.

The Commissioner concluded that the respondents did not breach any policy and therefore did not contravene the Code of Conduct.

The Integrity Commissioner investigated a complaint that a municipal councillor contravened the Code of Conduct for Members of Council by stating in a radio interview that a City staff member had misled Council.

The Commissioner found that the statements were not fair comment and unfairly called into question the staff member's integrity, thereby contravening Article XII (Conduct Respecting Staff).

However, because the councillor had already publicly apologized for his comments, the Commissioner recommended that Council adopt the finding of a contravention but impose no penalty or remedial action.

Three complaints were filed against a municipal councillor alleging breaches of the Code of Conduct.

The Integrity Commissioner investigated allegations that the councillor disclosed confidential information, failed to respect the council's decision-making process, publicly criticized town staff, and improperly influenced employees.

The Commissioner found that while the disclosure of confidential information could not be proven as a breach, the councillor's public criticisms, lack of decorum, and improper interactions with staff constituted multiple breaches of the Code.

The Commissioner recommended a suspension of remuneration for one week and mandatory training on council protocols.

The former Executive Director of the Downtown Port Perry BIA filed a complaint against two municipal councillors, alleging they repeatedly and unjustifiably questioned the integrity of the BIA's financial management and governance, damaging her reputation.

The Integrity Commissioner investigated and found that the councillors' actions were disproportionate, damaging, and in violation of the Code of Conduct.

The Commissioner concluded that the councillors falsely injured the professional and ethical reputation of the complainant and recommended a reprimand and a 30-day suspension of remuneration.

The Integrity Commissioner investigated complaints from the Chief Administrative Officer and the Water and Wastewater Supervisor alleging that a municipal councillor contravened the Council Code of Conduct.

The Commissioner found that the councillor breached the Code by supporting a ratepayer in a legal action against the municipality, thereby creating a conflict of interest and undermining confidence in the municipality.

The Commissioner also found that the councillor abused staff in the workplace and falsely impugned their professional reputation.

As this was a second offence, the Commissioner recommended a 30-day suspension of the councillor's compensation.

The Integrity Commissioner received a complaint alleging that the respondent mayor and councillor breached the municipal Code of Conduct by participating in both lower-tier and upper-tier municipal in camera sessions regarding a subdivision application.

The complainant alleged this created a conflict of interest and breached confidentiality.

The Commissioner declined to proceed with an investigation, finding that some matters were outside his jurisdiction and that there were insufficient grounds for an inquiry.

Specifically, the Commissioner noted that the upper-tier council had not actually held any in camera meetings on the matter, undermining the factual basis of the complaint.