Citation: Farr v. Murphy, 2017 ONMIC 19 Date: October 24, 2017

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.

(see minutes of October 25, 2017)

TABLE OF CONTENTS

THE COMPLAINT. 3 SUMMARY OF INTERIM REPORT. 3 BACKGROUND TO COMPLAINT / NATURE OF COMPLAINT. 3 SCOPE OF COMPLAINT. 9 FINDINGS / ISSUES NOT ADDRESSED.. 13 CONCLUSION.. 16 RECOMMENDATION.. 16 APPENDIX.. 16

1Mayor Deborah Farr (of North Algona Wilberforce) has complained that Warden Jennifer Murphy (Mayor of Bonnechere Valley) contravened the County’s Council Code of Conduct.

2The Complaint is based on the following:

A May 3 telephone call from Warden Murphy to Mayor Farr.
Comments attributed to Mayor Murphy in the May 10 issue of the Eganville Leader.
Warden Murphy’s attendance at the May 16 meeting of the Council of the Township of North Algona Wilberforce.

SUMMARY OF INTERIM REPORT

3I wish to report that I have proceeded as far as I believe the Complaint warrants.

4I will not continue or complete the investigation unless County Council directs me to do so.

5I am presenting this Interim Report so that County Council can provide me with direction, if it wishes.

BACKGROUND TO COMPLAINT / NATURE OF COMPLAINT

6North Algona Wilberforce and Bonnechere Valley are neighbouring townships. They share the Bonnechere Union Public Library, located in Eganville.

7North Algona Wilberforce appoints three members to the union library board; one of those members is a councillor. It is generally acknowledged that Mayor Farr had been critical of the NAW council representative on the board.

8The librarian and one of the library board members made a presentation at the May 2 meeting of North Algona Wilberforce Township Council. The Eganville Leader¹ reported as follows on Mayor Farr’s comments following their presentation:

In thanking the delegates for updating the council on the budget, Mayor Farr told them it was nice to have information coming to council on what’s going on at the library.

“It’s nice to have input, so … have you had an opportunity about your website, because I know there’s events as the mayor I am to attend and if (the) councillor is not bringing them forward to my attention I get a little embarrassed when I go to county council and I have Mayor Jennifer Murphy shouting at me across (the chamber) and saying, “you’ve got to know what’s going on at the library because you’re supposed to be there,” and I’m going, “excuse me?”

Mayor Farr has complained for several months that library activities are not posted on the library’s website.

Councillor James Brose is the township’s representative on the library board and the mayor has been scrutinizing his role, often nit-picking at him for the past several meetings on a number of issues, especially those related to the library. Although she didn’t point fingers at Coun. Brose for not bringing information about the library back to council, the criticism was clearly aimed at him since he is the representative.

9Warden Murphy took exception to the statement that she had “shouted” at Mayor Farr. After learning of Mayor Farr’s comments (possibly when she was contacted by the Leader²) she telephoned Mayor Farr and subsequently sent her an email.

10What transpired during the May 3 telephone call from Warden Murphy to Mayor Farr is a matter of some dispute between them. I will return to that issue later. What is not disputed is that, a few hours following the phone call, the two Mayors exchanged emails.³

11Warden Murphy wrote first, that evening:

Hello, Mayor Farr,

Further to our telephone conversation, below is the exact quote from your Council meeting last night. I have spoken with the Eganville Leader and my rebuttal quote will read that you lied. If you do not retract this lie, I will invoke the Integrity Commissioner for the County and I will speak to this matter at County Council. I will also phone the Minister of Municipal Affairs.

Farr’s words

“It’s nice to have information coming back to us about what’s going on at the library. It is nice to have input ... so ... Have you had an opportunity about your website because I know there’s events as the Mayor I am to attend and if Councillor is not bringing them forward to my attention I get a little embarrassed when I go to County Council and I have Mayor Jennifer Murphy shouting at me across and saying ‘you’ve got to know what’s going on at the library because you’re supposed to be there’ and I’m going ‘Excuse me!?’”

Please govern yourself accordingly.

Jennifer Murphy

12Mayor Farr replied the next morning:

Good morning Warden Murphy. Thank you for emailing me. At no time was my comment at the May 2 meeting of North Algona Wilberforce’s council meeting intended to embarrass, criticize, or humiliate you in any way.

Thank you for the phone call last night and sharing your concern over my comments where I referenced you informing me about an event I was to attend at the Bonnechere Library. I was driving back from Ottawa yesterday when you called. The comment I made was in reference to the fact that I have to rely on someone other than the Library Board representative from North Algona Wilberforce for information about events I’m to attend as the Mayor of North Algona Wilberforce. I would like to take this opportunity to thank you once again for notifying me about the two library events. If it wasn’t for you informing me back in 2015 and 2014 about the events I would have not been able to attend.

I should have paused during the May 2 council meeting and stated, “I would not have known about the 2014 or 2015 authors’ events at the Bonnechere Library if it was not for Mayor Jennifer Murphy. She informed me about the events while I was at County for the regular County Council meetings.”

Jennifer, you have a good relationship with the editor of the Eganville paper. I have no control over what the editor wishes to print.

13Warden Murphy was not satisfied with Mayor Farr’s reply and decided to attend the next meeting of the NAW Council to seek a retraction. The Leader broke the news of Warden Murphy’s plans in a front-page story beneath the headline, “BV mayor will seek apology from neighbouring mayor at next meeting.”⁴ The portions of the article dealing with Warden Murphy’s reaction read as follows:

This is definitely one for the history books. A showdown between two neighbouring mayors.

In an unprecedented move, Bonnechere Valley Township Mayor Jennifer Murphy will appear on the agenda at the next meeting of North Algona Wilberforce Township council seeking an apology from Mayor Deborah Farr regarding comments Mayor Farr made at last Tuesday night’s NAW meeting.

She made the comments during a presentation by Bonnechere Union Public Library (BUPL) Librarian Dawn Silver pertaining to the 2017 budget. Mayor Murphy later denied the comments attributed to her were ever said and accused Mayor Farr of lying.

When informed by the Leader of Mayor Farr’s statement, Mayor Murphy was furious.

14Because the Leader quoted Warden Murphy indirectly, it is not certain whether the Warden actually used the word “lie” or “lying.” Warden Murphy concedes that she might have used the word “lie,” because that’s what she felt Mayor Farr had done. I also note that the Warden’s May 3 email to Mayor Farr warned that her rebuttal to the Leader would be that Mayor Farr had lied.

15Warden Murphy subsequently appeared as a delegation at the May 16 NAW Council meeting. A large number of people were in attendance. Along the road leading to the Township office, somebody had erected signs reading, “No Accountability,” “No Transparency” and “No Truth.”

16I obtained an incomplete audio recording of Warden Murphy’s attendance at the May 16 meeting. The recording includes most of the first portion of the Warden’s prepared remarks, and then a closing exchange with Mayor Farr.

17The following is the portion of Warden Murphy’s opening remarks captured on the recording:

Warden Murphy: [recording starts in mid-sentence] … Members of Council in my official capacity as Mayor of Bonnechere Valley and being the current Warden of Renfrew County.

I take pride in the fact that I conduct myself professionally at all times.

I am here before you today because of comments made by your Mayor at your Council meeting of May 2nd, 2017, that were inaccurate and in my opinion suggest that I am less than professional in carrying out my duties.

I want to go on the record that I did not shout across the County room in chambers at any member including Mayor Farr, and that by making this false statement you maligned my reputation as an elected official and as a person that treats all people with respect in my interactions.

At your May 2nd, 2017, Council meeting you made the following statement, and I quote: “It’s nice to have information coming back to us about what’s going on at the Library. It’s nice to have input so, have you had an opportunity about …”

[first portion of recording ends]

18The second portion of the audio recording picks up as Mayor Farr is speaking. Discernible voices are those of Warden Murphy, Mayor Farr, and Deputy Warden Janice Visneskie-Moore (Mayor of The Township of Killaloe, Hagarty and Richards). Several other voices appear on the recording. I am unable to tell how many different people they represent, so each appears below simply as “Voice.”

Mayor Farr: [recording starts in mid-sentence] … remembered some of the terms that you used when you made a phone call to me on Wednesday.

Warden Murphy: Yes, that I wanted you to formally retract your statement with the Eganville Leader and any other press that was in the gallery.

Voice: Why don’t we take a vote?

Mayor Farr: And I was also looking at being able to talk to you in private and you wanted everything in public.

Warden Murphy: You’ve brought that on yourself by not retracting the statement to the Eganville Leader and the rest of the press. That’s why I’m here today. You chose instead of saying, absolutely, in your email, absolutely, I will retract my statement, and I apologize; I would have left it at that. But this is in fact, I believe, the third time that you’ve maligned me in these chambers, including an issue over the Sno-Drifters waste site which I was able to prove to the entire Council and the CAO at the time that I responded to you, yet you said you’d never got a response from me four times asking, which was also not true.

Mayor Farr: It was a response from the CAO regarding a resolution that Council did, and you did respond through your iPad, yes.

Warden Murphy: Do you deal with this at every meeting?

Voice: Yes.

Voice: Yes.

Voice: Every meeting.

Warden Murphy: I pity all of you.

Voice: Yeah.

Voice: Always.

Warden Murphy: You leave me no choice, Madam Mayor.

Voice: [inaudible]

Warden Murphy: I will be seeking [inaudible] Integrity Commissioner.

[Applause]

Mayor Farr: If you wait, Jennifer. Jennifer, if you can wait a moment. Will you wait a moment and come back?

Warden Murphy: How about “thank you”? Do you ever say “please”? Do you ever say “thank you”?

Voice: No.

Warden Murphy: Do you ever acknowledge the things that other people do?

Voice: No.

Voice: No.

Warden Murphy: This is very, very distressing.

Voice: Yes.

Warden Murphy: You just asked me to come back.

Mayor Farr: Yes.

Warden Murphy: I’m not a child. I’m not a dog. When you ask somebody to return, you say “please.”

Mayor Farr: And if you will wait a moment. I apologize if you were offended for the references that I made at the last meeting which was -- I have to put my glasses on if you wish me to read it.

Warden Murphy: I don’t wish you to –

Mayor Farr: Well, I can’t remember the exact words if I don’t read it and you asked me retract the statement that I made.

Warden Murphy: I’m asking you to retract the statement that you made. Did I or did I not shout at you during a County Council meeting?

Mayor Farr: You just asked me to retract the statement and I just said I retract the statement.

Warden Murphy: I even feel the energy from your gallery. I am not even shouting at you here and I am absolutely furious that you have hurt my reputation in this County, as the County Warden. So I don’t understand why you can’t just take responsibility when the event happens. And that’s why I had to come tonight and make it public. So as long as you are willing to apologize, and you have said and everyone heard, that I never shouted at you, that that was not true, then I am fine. Thank you.

Mayor Farr: Thank you very much for coming, Jennifer.

[Applause]

Mayor Farr: Warden Murphy, I apologize. Did you hear my apology? I apologized. I just called you “Jennifer.” Warden Murphy.

Warden Murphy: Thank you.

Mayor Farr: Thank you very much for coming. And Deputy Warden Janice Visneskie-Moore, thank you for coming.

Deputy Warden: Thank you. I came to support the Warden. Thank you very much.

Unidentified: Bye, all.

Mayor Farr: Have a nice evening

SCOPE OF COMPLAINT

19Mayor Farr subsequently filed a wide-ranging complaint under the Code. Her complaint was based on the following allegations. I stress that these are merely allegations. They have not been proven, and many of them are expressly rejected by Warden Murphy.

For two years Mayor Farr has had to rely on a member of County Council to inform her about the authors’ festival at the library.
Warden Murphy phoned May 3 while Mayor Farr was driving. Warden Murphy was unpleasant. She said that Mayor Farr was a liar, that she had insulted the Warden, and that she had until the next day (May 4) to retract the statement. If Mayor Farr did not call the newspaper to retract the statement then Warden Murphy would expose her for the liar that she was. Warden Murphy said that the statement was slanderous and that she was going to sue Mayor Farr. She also said she would “file with the Integrity Commissioner.” Mayor Farr says she tried to talk but the Warden talked over her, stating that she had had enough of “that tone” of Mayor Farr and then she hung up.
On May 16, Warden Murphy and Deputy Warden Janice Visneskie-Moore sat together. The Deputy Warden actively rocked back in forth in her chair while the Warden was speaking.
While Mayor Farr was still speaking, the Warden left her chair and walked over to the Deputy Warden. Mayor Farr asked if she would return to the chair.
Mayor Farr found several of the Warden’s statements offensive.
The room was full of people and “they were ready to ignite.” The CAO of NAW had been receiving phone calls informing him that the NAW Council meeting was going to be a “s-- show.” He told Mayor Farr that people were going to be picketing outside the chambers and recommended that the Mayor arrive early and park in a location from which she could enter the building without incident.
Because of the “very confrontational body language from the Warden and Deputy Warden,” Mayor Farr chose to end the discussion by retracting the statement “shout” that the Warden found offensive.
The Warden and Deputy Warden left the Council Meeting to cheers and applause, and more than half the residents present left with them.
Mayor Farr acknowledges that she should not have used the word “shout,” but that does not change the fact that Mayor Murphy was the one who had informed [her] about the authors’ festival at the library in previous years.
She used the word “shout” merely to refer to someone getting her attention across the very large County Council chamber.

20In support of her complaint, Mayor Farr included a witness statement that contained the following allegations:

Warden Murphy’s delegation was met with politeness. Mayor Farr said, “Thank you for coming” and repeated thanks at the end of the presentation.
Mayor Farr apologized but explanation was rudely (this is the witness’s characterization, not a finding of fact) interrupted by Warden Murphy.
Warden Murphy turned to the member of the news media and asked if he had to ‘‘listen to this” at other meetings.
Warden Murphy played to the gallery, felt “energy” from the gallery, and spoke to the gallery. She seemed to be part of a “mob” energy being cultivated.
Warden Murphy made public an item which should have been discreetly and diplomatically settled during an adult/professional discussion.
It was very demeaning and undiplomatic for Warden Murphy to suggest that Mayor Farr needed to learn manners.
Though Warden Murphy spoke of her reputation being maligned by the comments of “your mayor,” [she] was herself maligning Mayor Farr.
To have two County Council representatives attend the meeting if they knew it was an orchestrated attempt to intimidate (picketing) and demean the Mayor is unacceptable.

21Mayor Farr also relied on a May 10 newspaper editorial criticizing the NAW Council for being dysfunctional and a March 1 editorial on the subject of amalgamation of NAW and Bonnechere Valley.

22In her complaint, Mayor Farr cited the following sections of the Code:

3.3(b) Members shall refrain from making judgmental or critical comments about other Members, staff, or Council’s processes and decisions.

3.3(c) Members shall refrain from speculating or reflecting upon the motives of other Members or staff, when communicating with the media.

5.1(a) Treat Every Person with Dignity, Understanding and Respect.

5.1(b) Do not Discriminate

5.1(c) Do not Engage in Violence or Harassment of Any Kind

9.2(a) No Member may directly or indirectly, induce, encourage, or aid a Member to violate any provision of this Code of Conduct.

9.2(b) Neither staff nor any Member of Council shall take, threaten to take, discharge, discipline, personally attack, harass, intimidate, etc. a person who has reported a violation of this Code of Conduct.

23Mayor Farr also asked me to determine whether she (Mayor Farr) had contravened the Code as a result of her comment (“shout”) on May 2.

24She explained the reference to section 9.2 by stating that it is her duty to report that Deputy Warden Janice Visneskie-Moore was actively rocking back in forth in her chair while the Warden was speaking.

25In processing a Complaint under the Code, one of my first obligations is to “determine if the matter is, on its face, a complaint with respect to non-compliance with this Code of Conduct and/or not covered by other legislation or policy.”⁵ Upon initial classification, I screened out several aspects of the Mayor’s Complaint as outside my jurisdiction because they did not allege contraventions of the Code:

26I declined to consider paragraph 5.1(b) because there is no allegation of discrimination.

27I declined to consider paragraph 9.2(a) because it is not alleged that Warden Murphy induced, encouraged or aided a Member to violate any provision of the Code.

28I declined to consider paragraph 9.2(b) which only applies after someone has reported a violation of the Code. There is no indication that a Code violation had been reported prior to these events.

29I declined to consider the conduct of Deputy Warden Visneskie-Moore because there is no formal complaint against her. It would be unfair to consider any allegations against the Deputy Warden because she has not been part of this proceeding.

30I declined to consider the newspaper editorials because they do not pertain to the allegations.

31As a result of the initial classification, the following are the specific allegations that I began to investigate:

A. Allegation that Warden Murphy contravened paragraphs 3.3(b) and 3.3(c) of the Council Code of Conduct, which read as follows:

(b) Members shall refrain from making judgemental or critical comments about other Members, staff, or Council’s processes and decisions.

B. Allegation that Warden Murphy contravened paragraph 5.1(a) of the Code: “Treat Every Person with Dignity, Understanding and Respect.”

C. Allegation that Warden Murphy contravened paragraph 5.1(c) of the Code, which reads as follows: “Do not Engage in Violence or Harassment of Any Kind.”

FINDINGS / ISSUES NOT ADDRESSED

32This case seemed like an ideal candidate for settlement. The reason I have let the process continue as long as it has is because I wanted to give the parties ample opportunity to settle their differences and I tried to help them to do so.

33Unfortunately, settlement is not possible.

34I have heard from the parties several times and I understand their positions. I have also reviewed the record of what occurred May 16 and have spoken to some witnesses.

35At the same time, I have attempted to handle this case with an economy of time that seems appropriate for a matter of this nature. I have not spoken to every possible witness, and do not intend to do so unless County Council instructs me.

36This Complaint flows from what one politician said about another. While I understand that there is a history to the proceeding, and it was alleged that other comments had been made in past, this Complaint arises from one comment at one meeting. Indeed, it flows from a single word, “shouting.”

37Significantly, the complaint is not brought by the Council Member who was the subject of the other Council Member’s comment. The latter has already apologized to the former and the former has accepted. As far as the former (Warden Murphy) is concerned, the matter was resolved on May 16.

38The Complaint here is brought by the Council Member who made and later retracted the original comment. Her Complaint is about how the other Council Member reacted and responded to the retracted comment. That is the entire basis for the Complaint.

39I am mindful that this Complaint arises from a dispute between two politicians and in, particular, focuses on how one politician (Warden Murphy) chose to communicate and express herself. I use the word “politician” with deliberate reason. The positions that politicians espouse, their disagreements with other politicians, their comportment in public life, the ways they defend their reputations, and how they communicate with the public, including how they communicate with the public through the news media, are all matters of individual political judgment. As long as the conduct is lawful and inside the ethical boundaries of the Code of Conduct, individual political judgments are beyond the purview of an Integrity Commissioner. Subject to the law and rules of ethics, accountability for the exercise of political judgment resides in the political process, not in an Integrity Commissioner investigation.

40Mayor Farr feels that Warden Murphy should have addressed the issue privately (or continued to address the issue privately). Warden Murphy could have done so, but she chose otherwise. Her decision to go public was an exercise of political judgment that is not for an Integrity Commissioner to second guess.

41Mayor Farr’s Complaint materials suggest that during the May 16 presentation Warden Murphy played to the public gallery. Whether or not this was the case, oratorical style is a matter of political judgment that an Integrity Commissioner cannot supervise. The fact that Warden Murphy addressed some of her comments to the public, and not to or through the Chair, was at most a point of order (procedural point) to be dealt with at the time, not a Code of Conduct issue.

42Mayor Farr believes that Warden Murphy was impolite. In my view, the recorded comments at the May 16 meeting (presented above) speak for themselves. This is not a matter for the Integrity Commissioner or the Code.

43There is no evidence that Warden Murphy encouraged people to attend the May 16 meeting to cheer her on. (Even if she had done so, I make no finding that this would have contravened the Code.) Further, the evidence is that Warden Murphy was not involved in the posting of signs near the Township office.

44The above findings are as far as I am prepared to go to address this Complaint. There are additional issues that I do not intend to address, because I do not feel they justify the further expenditure of County resources. I will not address these further questions unless County Council instructs me to do so.

45Specifically:

46I do not intend to determine whether Warden Murphy actually told the Leader that Mayor Farr lied. For one thing, it might be impractical, if not impossible, to ascertain what a source told a news reporter. Moreover, I do not feel it is useful or relevant to determine what specific words she employed. I will not consider this issue further unless County Council instructs me.

47I do not intend to determine whether it is contrary to the Code for one Council Member to accuse another Council Member of lying. I feel that I cannot decide this issue in the abstract. A decision on whether the accusation of lying contravenes the Code can only be made in the context of particular facts. This would involve going back to 2015 or 2016 to determine what happened inside the County Council chamber. I do not feel it is useful to decide this issue unless County Council instructs me.

48I do not intend to determine whether “shouting” ever occurred. I am aware of the parties’ very different recollections. Mayor Farr says she was not making a criticism, but simply reflecting the volume required to be heard across a large Council chamber. Warden Murphy says the two were adjacent to each other and no extra volume was used. As noted above, I see no useful purpose in investigating further what did or did not happen in 2015 or 2016. Unless County Council instructs me to probe deeper, I will not pursue this question.

49I do not intend to determine whether calling for a retraction of an alleged “false statement” constitutes a judgmental or critical comment contrary to paragraph 3.3(b) of the Code. Given that a retraction was already made, it seems pointless and wasteful to examine whether it was wrong to demand a retraction in the first place. I will not decide this issue unless County Council instructs me.

50I do not intend to investigate Warden Murphy’s gestures, body language or movements around the room on May 16. I spoke to some witnesses, but not about that. I will not so do unless Council instructs me.

51I do not intend to investigate further what Warden Murphy and Mayor Farr said to each other during the May 3 telephone call. Aside from the impracticality of determining exactly what occurred (since only the two Council Members were witnesses to the conversation), I do not feel that this is necessary or useful. I will not consider the phone call further unless Council instructs me.

52Despite Mayor Farr’s request, I do not intend to determine whether her May 2 comment contravened the County Code. She apologized for the comment and retracted it, and the apology and retraction were accepted by Warden Murphy. In my view it is not useful to revisit what happened on May 2 unless County Council instructs me to do so.

CONCLUSION

53I decline to make a determination under paragraph 9.4(i) or paragraph 9.4(h) of the Code.

54I feel that sufficient attention has already been devoted to this Complaint. Unless County Council instructs me otherwise, I intend to take no more steps in this investigation.

55I remain subject to the further direction of County Council.

RECOMMENDATION

56I make no recommendation. It is in County Council’s discretion whether to provide me with direction in this matter.

Respectfully submitted,

Guy Giorno Integrity Commissioner County of Renfrew October 24, 2017

APPENDIX

Relevant Provisions of Council Code of Conduct

3.3 - Media Communications

It is understood that the Warden as Head of Council is the primary spokesperson for the Council. Therefore the following shall apply to other Members:

(a) Members will accurately communicate the decisions of Council, even if they disagree with the majority decision of Council, and by doing so affirm the respect for and integrity in the decision-making process of Council. A Member may state that he/she did not support the decision, or voted against the decision.

(b) Members shall refrain from making judgemental or critical comments about other Members, staff, or Council’s processes and decisions.

(c) Members shall refrain from speculating or reflecting upon the motives of other Members or staff, when communicating with the media.

(d) Members shall keep all confidential information confidential, until such a time arises that the matter can properly be made public. A breach of confidentiality by Members diminishes public confidence.

(e) The Media Relations/Grants Coordinator will work/consult with the Council members regarding media releases as necessary.

5.1 Interpersonal Behaviour

(a) Treat Every Person with Dignity, Understanding and Respect:

(b) Do not Discriminate:

9.2 - Duty to Report Violation

(a) No Member may directly or indirectly, induce, encourage, or aid a Member to violate any provision of this Code of Conduct.

(b) Neither staff nor any Member of Council shall take, threaten to take, discharge, discipline, personally attack, harass, intimidate, etc. a person who has reported a violation of this Code of Conduct.

9.4 - Investigation/ Complaint Procedure

(a) A request for an investigation of a complaint that a Member has contravened this Code of Conduct or policy shall be in writing, and may be filed by any member of the public as well as other Members.

(b) All complaints must be signed by an identifiable individual.

(c) A complaint shall set out reasonable and probable grounds for the allegation that the Member has contravened this Code of Conduct and include a supporting affidavit that sets out the evidence in support of the complaint.

(d) The request shall be filed with the Clerk who shall forward the matter to the Integrity Commissioner for initial classification. The Integrity Commissioner shall determine if the matter is, on its face, a complaint with respect to non-compliance with this Code of Conduct and/or not covered by other legislation or policy.

(e) If the complaint is determined to be unfounded with respect to a breach of this Code of Conduct or other policies, the complainant shall be advised that the matter is not within the jurisdiction of the Integrity Commissioner to process with any additional reasons and referrals as the Integrity Commissioner considers appropriate.

(f) If the Integrity Commissioner is of the opinion that the referral of a matter to him or her is frivolous, vexatious, or not made in good faith, or that there are no grounds or insufficient grounds for an investigation, the Integrity Commissioner shall not conduct an investigation, or where that becomes apparent in the course of an investigation, terminate the investigation. If any Member makes more than two such complaints, as determined by the Integrity Commissioner, within a term, such Member shall be found in breach of the Code of Conduct.

(g) The Integrity Commissioner shall not issue a report finding a violation of this Code of Conduct on the part of any Member unless the Member has had reasonable notice of the basis for the proposed finding and any recommended sanction and an opportunity either in person or in writing to comment on the proposed finding and any recommended sanction, provided that comment period after having been notified does not exceed 30 calendar days.

(h) Where the complaint is sustained in whole or in part, the Integrity Commissioner shall also report to Council outlining the findings, or may recommend corrective action in open Council.

(i) Where the complaint is unfounded or dismissed, the Integrity Commissioner shall not report to Council, except as part of an annual or other periodic report.

(j) A complaint will be processed in compliance with the confidentiality requirements of Section 223.5(1) of the Municipal Act, 2001, as amended.

9.5 - Integrity Commissioner Reporting to the Municipality

(a) The Integrity Commissioner shall file a copy of the final report on an investigation with the Clerk, who will then provide a copy of the report to the complainant and the Member whose conduct it has addressed, generally within 90 days of the making of the complaint.

(b) The Clerk shall submit the Integrity Commissioner’s report to Council within the next two regular meetings and the Integrity Commissioner shall appear to present his or her report to Council.

(c) If a complaint(s) is filed, the Integrity Commissioner shall report annually to Council on the number of complaints filed by way of a memo to Council, in November of each calendar year.

(d) The Clerk shall ensure confidentiality is maintained during and after the Integrity Commissioner’s investigation.

Footnotes

Gerald Tracey, “BV mayor will seek apology from neighbouring mayor at next meeting,” Eganville Leader (May 10, 2017), pp. 1 and 5.
Numerous people were present at the May 2 meeting of NAW Council and therefore were in a position to tell Warden Murphy what had been said. The identity of who first informed Warden Murphy is one of many questions that I have determined it is not worthwhile to answer.
It is my practice when quoting from correspondence to correct obvious typographical errors and to make punctuation and capitalization consistent, so long as the substance of the communications is not altered.
See note 1.
Council Code of Conduct, paragraph 9.4(d).