TOWNSHIP OF MADAWASKA VALLEY INTEGRITY COMMISSIONER, GUY GIORNO
Citation: Woermke v. Love et al., 2019 ONMIC 1
Date: March 21, 2019
REPORT ON COMPLAINT
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://madawaskavalley.civicweb.net/filepro/documents/120811?preview=124780 (see minutes of May 7, 2019, Item 4.1)
TABLE OF CONTENTS
THE COMPLAINT 2
SUMMARY 3
BACKGROUND 3
PROCESS 5
ISSUES RAISED IN THE INVESTIGATION 5
ANALYSIS AND FINDINGS 6
(A) Did the Respondents contravene section B.3(i) of the Code by failing to comply with By-law Number 2017-63 (Municipal Indemnification)? 6
(B) Did Councillor Peplinski contravene sections D.1 and D.2 of the Code? 6
(C) Did Councillor Peplinski breach section C.6 of the Code by failing to declare his interest in a matter considered at the May 16, 2016, Council meeting? 7
(D) Did Councillor Peplinski breach section C.6 of the Code by failing to declare his interest in a matter considered at the October 24, 2017, meeting of the Finance and Administration Committee and the November 8, 2017, Council meeting? 7
CONCLUSION 7
CONTENT 8
RECOMMENDATIONS 8
APPENDICES 8
Relevant Provisions of Code of Conduct, By-Law Number 2014-138 8
Relevant Provisions of By-Law Number 2017-63 (Municipal Indemnification) 10
THE COMPLAINT
1Mr. George Mark Woermke (the Complainant) alleges that all the members of the old Council (the Respondents) breached the Code of Conduct, By-law Number 2014-138, in connection with their consideration of an investigation report and in connection with the decision to indemnify Councillor Ernie Peplinski in relation to a Human Rights Tribunal of Ontario (HTRO) proceeding.
2Specifically, the Complainant alleges four separate breaches of the Code:
(A) He alleges that Mayor Kim Love, Councillor Carl Bromwich, Councillor Peplinski, former Councillor Elser Lee Archer and former Councillor Shelley Maika may have breached section B.3(i) of the Code by failing to comply with By-law Number 2017-63 (Municipal Indemnification). The allegation relates to the October 24, 2017, meeting of the Finance and Administration Committee and the November 8, 2017, meeting of Council.
(B) He alleges that Councillor Peplinski may have breached section D.1 (treat people with dignity and respect) and section D.2 (do not discriminate) of the Code in his dealings with another person.
(C) He alleges that Councillor Peplinski may have breached section C.6 of the Code by failing to declare his interest in a matter considered at the May 16, 2016, Council meeting.
(D) He alleges that Councillor Peplinski may have breached section C.6 of the Code by failing to declare his interest in a matter considered at the October 24, 2017, meeting of the Finance and Administration Committee and the November 8, 2017, Council meeting.
SUMMARY
3I have carefully considered the submissions of the Complainant. For numerous reasons, I can make no finding that any Respondent has contravened the Code of Conduct.
4I am again recommending that the Code of Conduct be amended to ensure that complaints are filed within a reasonable time frame after the relevant event or occurrence.
BACKGROUND
5The Complaint relates to several of the events (including an HRTO proceeding) addressed in Re Peplinski, 2018 ONMIC 12. I will not repeat the details here.
6In Re Peplinski, I found that Councillor Peplinski did not contravene section D.2 of the Code.
7At its May 16, 2016, meeting, Council met in closed session to consider (among other items), a report described in the minutes as, “Ontario Human Rights Code Violation (Policy A-04) - Report.” This report was the Consultant’s Report that I considered in Re Peplinski.
8According to the minutes, after the Council reconvened in open session:
Mayor Love advised … that Council reviewed the Ontario Human Rights Code Violation (Policy A-04) - Report and has not determined whether a breach of the code of conduct had occured therefore will appoint an integrity commission.
9The minutes of the October 24, 2017, meeting of the Finance and Administration Committee read, in part, as follows:
6.9 Councillor Expense Claim - Councillor Peplinski
Councillor Peplinski explained that he has submitted an expense claim for his personal out of pocket expenses in relation to attending the Human Rights Tribunal in Ottawa. The CAO/Clerk noted that he is requesting direction from Committee as per the Indemnification By-Law. Councillor Archer requested to see the expenses incurred. Councillor Bromwich suggested that Committee seek a legal opinion.
Moved By: Councillor Peplinski
Seconded By: Councillor Bromwich
THAT the Meeting recess at 11:22 a.m.
CARRIED.
The Meeting resumed at 11:32 a.m.
The CAO/Clerk provided Committee with Councillor Peplinski's expense claim form. Councillor Peplinski noted for the record that his expenses totalled $724.37.
Moved by: Councillor Bromwich
Seconded by: Councillor Archer
RECOMMENDATION: THAT the Finance and Administration Committee recommend to Council to reimburse Councillor Peplinski for his submitted expenses for attending the Human Rights Tribunal in Ottawa.
CARRIED.
10The minutes of the next Council meeting, November 5, 2017, state, in part,