TOWN OF MILTON integrity commissioner, ROBERT J. SWAYZE
REPORT
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.
Please find below the link to the corresponding council decision.
https://www.milton.ca/MeetingDocuments/Council/minutes2017/CL_March_27_2017.pdf (see page 3)
TABLE OF CONTENTS
BACKGROUND.. 3
DISCUSSION.. 3
CONCLUSION.. 3
BACKGROUND
I was appointed Integrity Commissioner by Council with effect from January 1, 2016. I received a complaint from Ms. Jan Mowbray, a resident of Milton, on January 31, 2017 alleging that Councillor Malboeuf contravened the Council Code of Conduct (the "Code") in that at an open meeting of Committee of the Whole held on January 23, 2017, he disclosed confidential information from a closed session meeting of Council. The complainant made other complaints about the meeting process which were summarily dismissed by me.
Councillor Malboeuf filed a Notice of Motion with Council to consider investigating Councillor Huffman for filing a false Declaration of Campaign Expenses in the 2014 election process based on new information received by members of Council. During the debate of the motion in open session by the Committee, Counsel for Councillor Huffman argued that it is contrary to the law for a new investigation to be commenced and Councillor Malboeuf spoke to a contrary opinion given by Counsel for the Town in camera. This opinion was a privileged communication from a lawyer delivered to Council in camera, disclosure of which is prohibited by the Code.
DISCUSSION
Councillor Malboeuf has openly admitted to me that he breached the Code and apologizes for it. He argues that he had to counter the "misinformation" presented by Counsel for Councillor Huffman for the benefit of the public present at the meeting. He should have realized that the decision makers (Council) had heard the contrary opinion and disclosing privileged information was not necessary. Also, the legal issue is sufficiently complicated that much of what opposing Counsel said could be characterized as argument rather than misinformation. It is important for all members of Council to strictly maintain the confidentiality of closed sessions particularly when privileged legal advice is given which may lead to litigation.
CONCLUSION
I find that Councillor Malboeuf has clearly contravened the Code but I do not recommend that Council impose any sanctions. He was confused and felt he had to set the record straight in the meeting. He has promised me that he will not again, under any circumstances, disclose confidential information from an in camera meeting. He accepts this report as a clear warning that if he does, I will recommend suspension of a substantial part of the salary paid to him as a member of Council.
Respectfully submitted,
Robert Swayze
Integrity Commissioner