Gerrits and Little v. Currie, 2021 ONMIC 9

Township of Amaranth INTEGRITY COMMISSIONER, Guy Giorno

Citation: Gerrits and Little v. Currie, 2021 ONMIC 9 Date: June 28, 2021

Report on ComplaintS

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.

http://calendar.amaranth.ca/council/Detail/2021-07-07-1000-July-7-2021-Regular-Council-Meeting/0ee2f943-937f-4757-9cf0-ad6d00bf703f (page 8 of July 7, 2021, minutes, item 17.1)

TABLE OF CONTENTS

The Complaints. 3

Summary. 3

Background and FIndings of Fact 3

Process Followed. 8

Issues and Analysis. 10

A. Does this case fall within an Integrity Commissioner’s jurisdiction?. 10

B. Did the Respondent’s comments contravene section 14.1 of the Code?. 12

Recommendation.. 12

Content 13

The Complaints

1Deputy Mayor Chris Gerrits and Councillor Gail Little (Complainants) allege that Mayor Robert Currie (Respondent) contravened the Code of Conduct for Members of Council, By-law Number 21-2016, in comments made during the September 2, 2020, Council meeting.

Summary

2There was obviously a breach of decorum. Ordinarily, this type of incident falls under the authority of the presiding officer under the Procedural By-law, but this situation was unique.

3Council is in the best position to determine what steps to take as a result of this report.

Background and FIndings of Fact

4The September 2 Council agenda included two separate closed meeting discussions, one in the morning and one in the afternoon. The first closed meeting discussion related to agenda item 6.1, and the second closed meeting discussion related to agenda items 20.1 thorough 20.4.

5The meeting was called to order at 10:01 a.m. After declarations of pecuniary interest and adoption of the agenda as amended, Council voted 4-1 (Councillor Tijssen opposed) to move into a closed meeting to consider “Advice that is subject to solicitor-client privilege, including communications necessary for that purpose.” The discussion related to agenda item 6.1, described as “Workplace Harassment Investigation.”

6Mayor Currie had declared a pecuniary interest in item 6.1 and did not attend the morning closed meeting.

7Councillor Tijssen left the meeting at approximately 10:10 a.m. and did not return. He texted the Acting CAO/Clerk that it was his intention to resign. Soon afterward, Councillor Tijssen told the news media, including Dufferin News and the Orangeville Banner, that he was resigning from Council, and explained his reasons.^{1 2} (Councillor Tijssen’s formal, written resignation was received by the Acting CAO/Clerk on September 16.)

8After the lunch break, Council voted again to go into closed session. The agenda items for the afternoon closed meeting were described as: “Adoption of Closed Meeting Minutes – August 12, 2020” (item 20.1), “Two Requests for Reduction in Fire Services Call” (item 20.2), “Acting CAO/Clerk Performance review” (item 20.3), and “Two Current LPAT files” (item 20.4).

9Approximately 42 minutes, 30 seconds, into this second closed session, Mayor Currie raised an additional discussion item. The following is my transcript of what was said, based on the recording:

Mayor Currie: Before we go out of closed session, I want to clarify something, OK, and that is the fact that Nicole [Martin] was asked by you, Chris [Gerrits], and Heather [Foster], or, excuse me, and Gail [Little], to go with Ben [Ryzebol] on a tour of the Township for, to get familiar with the whole area, and, anyways, have you been on that trip yet, with Ben, Nicole?

Acting CAO/Clerk: I have not.

Mayor Currie: No. OK.

Acting CAO/Clerk: [inaudible] James [Johnstone] too.

Mayor Currie: So, anyways, anyways, I hope that all of Council was here and listened …

10I interrupt the transcript here, as the Mayor briefly presented to Council a sensitive, employment-related rationale for his offer to lead the tour. It is not necessary for me to detail the Mayor’s reason, except to note that it was cogent and relevant.

11At the time, Acting CAO/Clerk Nicole Martin, on secondment from the Municipality of West Grey, was relatively new to Amaranth. Township Planner James Johnstone had joined Amaranth within the last few months, and he was also mentioned as a possible tour participant.

12I continue the transcript from immediately after the Mayor presented the reason for offering to conduct the tour:

Mayor Currie: So, anyways, what I’m requesting is simply this, OK, that I am given the authority, OK, to take Nicole and James on a tour of the whole Township, and I’ll explain the whole thing to them. I mean, I’ve conducted 14 elections in this Township, OK? I’ve been here for 56 years. I know this Township like the back of your hand and, anyways, I think, I know, I’m extremely well qualified to explain the whole Township to whoever is with me, whatever they are. So, anyways, I would like support of Council to do that. Gail?

Councillor Little: First of all, I’m not clear that we requested Ben to take Nicole on a tour. It was suggested that, if Nicole felt she needed to, she could ask perhaps Ben or whoever she wanted to, but I don’t think that we, as a Council, said that Ben needed to take Nicole on a tour.

Mayor Currie: No, it wasn’t. It was Chris that said, he said, “You can go with, Ben can take you around.” So that’s what it was, and the conversation was dropped there. That was it.

Councillor Little: And I think we’ve dealt with the issue, and it’s, it’s been dealt with, so I don’t see that it needs to be addressed any further.

Mayor Currie: So, anyways, I would like permission to take –

Councillor Little: No.

Mayor Currie: OK, if that’s the case I’m gone, too. OK?

Councillor Little: OK.

Mayor Currie: Thank you. I’m gone. Yep.

Councillor Little: OK.

Mayor Currie: Yep. If that’s the kind of bunch riff raff you people are, no kidding, you have, you have dug yourselves into a bloody hole. I can tell you right now, you’ve lost two of the best bloody people that were ever on friggin’ Council, OK? Since today. You are the biggest pair of friggin’ scumbags I ever saw in my life, no kidding. Yes, that’s what youse are, and if you think this girl’s going to hang around, OK, with a pair of trash like you, you got it all wrong. You got it all wrong, OK? I’m out of here, OK, and I’m not coming back. Yes, sir –

Councillor Little: Well with enough –

Mayor Currie: – I’m finished. Shut up.

Councillor Little: Do not talk to me in that manner.

Mayor Currie: Oh, I certainly will.

[7-second pause]

Mayor Currie: Yes sir, I’m gone.

[6-second pause]

Mayor Currie: Take this with me, and I’ll take Mark. Good bye.

Councillor Little: Bye.

Mayor Currie: Shut up, you idiot.

[6-second pause]

Councillor Little: OK.

Acting CAO/Clerk: I suggest that we come out of closed and that we pack it in for the day.

Deputy Mayor Gerrits: Yeah.

Councillor Little: Have we got any issues that we need to deal with? Are we done? Oh no, we have the by-laws we have to pass.

13The above transcript does not include sounds associated with exiting, but they are evident on the recording.

14Contrary to what has been suggested in public, at no time did anyone, including the Mayor, discuss whether the Mayor would be reimbursed for mileage.

15That afternoon, Deputy Mayor Gerrits described the events in a Facebook post:

At our Amaranth Council meeting today. Mark Tijssen left a closed session unannounced. We were informed by the Mayor and then the Banner that Councillor Tijssen was resigning as a member of Council.

Nearing the end of the meeting the Mayor also stormed out of a closed session stating his intention to resign as Mayor and using colourful language to describe other members of staff and Council.

We will wait and see if resignations are tendered to the CAO in writing.³

16The following is how the original draft of the September 2 minutes described what happened:

It was confirmed that the only items discussed in closed session were those items on the closed session agenda. It was further confirmed that Mayor Currie left the meeting and Deputy Mayor Gerrits acted as Chair for the remainder of the meeting.⁴

17When Council considered the September 2 draft minutes on September 16, it amended them to include, in the open meeting minutes, the Township-tour matter discussed in closed session that had not appeared on the closed session agenda.⁵ The relevant passage of the final version of the September 2 minutes reads as follows:

Clerk’s note: Council discussed an item in closed that was not on the closed agenda and subsequently moved to add the item to the open minutes to remedy the transparency and accuracy of the minutes. The Mayor again asked to take staff on a tour of the Township. Council did not feel it was necessary and the Mayor subsequently left the meeting.

It was confirmed that the only items discussed in closed session were those items on the closed session agenda. It was further confirmed that Mayor Currie left the meeting and Deputy Mayor Gerrits acted as Chair for the remainder of the meeting.⁶

18After Council confirmed that the September 2 consideration of this particular item was to be treated as open meeting discussion, not closed meeting discussion, that portion of the audio recording was released to the public.

19Once the recording became public, Dufferin News shared it online,⁷ and several individuals obtained it from the Acting CAO/Clerk. Some of them wrote to Council, and their correspondence was entered into the minutes of the October 7 meeting, as follows:

Good morning Mayor and Council Members. My name is John Apreda and I am a resident of Amaranth. I would like to express my concern about Mayor Bob Currie’s behaviour after I listened to a recording from the September 2, 2020, Amaranth Council meeting during which Mayor Currie called fellow council members “riffraff”, “friggin’ scum bags” and “trash” as well as telling them to “shut up.” A copy of this recording was obtained thru the Amaranth Township Clerk. The Mayor’s disgusting and disparaging remarks as well as yelling at fellow Council members is completely unacceptable. Mayor’s bullying behaviour is unbecoming of our Township CEO and representative. In the past I have witnessed him raising his voice towards others, as if to intimidate them from disagreeing with him or to shut them down. The Mayor has clearly caused many controversies since taking office because of his inability to control his behaviour. I would hope that he will do the honorable action of resigning, as he has clearly indicated he would. It is time we get some order in this [Township] Council, which has been mostly lacking since he has become Mayor. With a hope and a prayer, I remain John Apreda.

To the Members of Amaranth Town Council,

Here we are in the beginning of October, a brand new month, school has started, COVID numbers are up and testing is backlogged. The world is a different, rapidly changing, and uncertain place right now. People need sense, rational thought, and stability right now to keep sane and surviving in this new world. This is not what we are currently getting from our elected officials. Particularly here in Amaranth.

Now, when I set out to write this letter it was originally in response to the resignation of Councillor Tijssen, and the subsequent temper tantrum had in office by the Mayor.

It goes without saying that it is in no way acceptable for an adult to go on a self indulgent rant wherein he calls his peers and colleagues “riffraff,” “the biggest pair of friggin’ scumbags” and “trash” and yells at them to shut up. It is in no way acceptable for a person in a leadership role to do so, and it is NEVER okay for an elected official to do so. The threat of a resignation was the icing on the cake. I have to admit, I’ve only been following our Township meetings since June, but ladies and gentlemen, I am TIRED. And I’m sure you have got to be exhausted dealing with what amounts to all the hallmarks of an emotionally abusive relationship. Anger. Shouting. Gaslighting. Empty Threats. Verbal abuse and name calling. If you saw this happening to a friend or family member, you’d stage an intervention.

The Mayor has not acted in a professional, courteous, or sane manner in the 5 months I have been following our Council Meetings. And this last meeting just serves to highlight that point. No person in leadership should fly off the handle at being questioned or voted down on an idea in council. No person in leadership should rant and hurl verbal abuse at their colleagues, and expect to have no consequences. No elected leader should state that they are resigning as a threat and tactic to get their way and brush it off as if it didn’t happen in the following meetings.

Put this behaviour in a different context. Would you trust someone acting in this way as a school principal? As a doctor? This has been allowed to go on far too long. This may has been enabled by the inactions of council to continue behaving in a way that is unethical, injurious to the members of council, and toxic to the council itself. We need something to change.

With every interaction Amaranth loses staff, with every interaction Amaranth loses credibility, and with every interaction the Mayor illustrates why he is certainly not a leader we can trust to speak to a council member, let alone run a township.

I am tired. The tax payers are tired. The community is tired. And honestly, Mr. Mayor, it sounds like you are too.

Stacey Whittington

Dear Mayor Currie, I would like to know if you think your behaviour toward your council members on September 2, 2020 was acceptable? Calling them “Scumbags” and telling Council Little to “shut up” in a most egregious manner, is that what you would call acceptable behaviour for a public official? Please keep your “word” and resign as you said you would. You are doing more damage to Amaranth Township than good and have absolutely no credibility left and you are an embarrassment to our township. Please resign!! Concerned Resident of Amarnath Kate Bryan

Mayor Currie: Leaders instill in their people a hope for success and a belief in themselves. Positive leaders empower people to accomplish their goals. In listening to how you acted in council on September 2nd your actions seem very far from that. You called your peers riff raff, trash, and scumbags. You told the council you were done, you were out of here and you weren’t coming back. To this point, as far as I can see, there is no formal resignation of your position, which indicates you intend to stay as Mayor. So to you I ask this. How can you say you’re a man of your word who speaks your truth if you can declare with passion and anger than you are resigning and then show up at the next meeting like nothing happened? And more so, if you do intend to keep the position of Mayor, it should begin at the least, with a public apology to the Council Members you abused in your rant. Todd Whittington

20Mayor Currie did not subsequently submit an official resignation. He continued to attend meetings of Township Council and County Council.

21In explaining the reasons for his own resignation, Councillor Tijssen said Mayor Currie had been subject to a “sustained campaign of harassment” by others.⁸

22Deputy Mayor Gerrits filed a Code of Conduct complaint on September 2, a few hours following the Council meeting. Councillor Little filed a Code of Conduct complaint on September 16, prior to that evening’s Council meeting. I decided to combine them in one inquiry, under File No. 2020-06.

23On September 30, a resident filed another complaint, arising from the same facts, alleging the same contravention of the Code. By this point I had already commenced an inquiry into the complaints of Deputy Mayor Gerrits and Councillor Little. I exercised my discretion not to inquire into the third complaint.

Process Followed

24In operating under the Code, I follow a process that ensures fairness to both the individual bringing a Complaint and the Council Member responding to the Complaint. This process is based on the Complaint Protocol adopted by Council.

25The complaint of Deputy Mayor Gerrits cites Code section 14.1 (Conduct During Meetings) and section 16.1 (Bullying). The complaint of Councillor Little is based on section 14.1, section 16.1, and section 15.1 (Harassment).

26Based on the facts as alleged, I determined that section 14.1 of the Code is the applicable section, and I exercised my Municipal Act discretion to conduct an inquiry into whether section 14.1 was contravened.

27Section 14.1 provides as follows:

During meetings, members shall conduct themselves with decorum. Respect for delegations, fellow members and staff requires that all members show courtesy and not distract from the business of the Council or Committee during presentations or when other members have the floor.

Members will avoid any conduct towards a member of Council or staff which is known or ought reasonably to be known to be unwelcome, which offends, embarrasses or intimidates, or which reflects intolerance towards any group or individual.

28I issued a Notice of Inquiry on September 25. It was sent to the Respondent and both Complainants. The Notice included the text of the complaints and identified section 14.1 as the provision that was the subject of the inquiry.

29The Notice informed the parties that, “Processing times and inquiry timing are delayed during the COVID-19 pandemic.” It also stated, “Accommodation will be made for parties unable to meet deadlines. In turn, I ask the parties to be patient with each other and with the process during this extraordinary situation.”

30The Respondent states that he did not receive the Notice when it was originally issued, and only received it after I had it delivered to his residence. Once he received it, I interviewed the Mayor by telephone. He did not file a written response to the complaints.

31Under subsection 223.3 (3) of the Municipal Act, I delegated to Paul Burbank, a lawyer who works with me, the authority to conduct additional interviews.

32While I conduct a fair and balanced process that allows both parties to be heard, I remain mindful of the fact that the financial impact of code of conduct complaints and Integrity Commissioner investigations falls entirely on the municipal tax base. Integrity Commissioners and codes of conduct have been mandated by the Province without any corresponding provincial funding.

33Consequently, I conduct a full and fair process that at the same time is efficient and reasonable taking into account the circumstances of each case.

34In this case, the comments of the Mayor largely speak for themselves. The only purpose of interviews was to identify any additional context that might be relevant.

Issues and Analysis

35I have considered the following issues:

A. Does this case fall within an Integrity Commissioner’s jurisdiction?

B. Did the Respondent’s comments contravene section 14.1 of the Code?

A. Does this case fall within an Integrity Commissioner’s jurisdiction?

36A presiding officer is in a much better position than an Integrity Commissioner to deal with conduct that occurs at a meeting.

37The Procedural By-law, By-law Number 61-2018, as amended, clearly is applicable to the September 2 incident. It provides, in part:

4. Duties of the Chair

It shall be the duty of the chair:

k) to lead on all occasions with the observance of order and decorum, in a manner that is respectful to delegations, fellow members and staff;

l) to enforce on all occasions, the observance of order and decorum among the Members;

m) to call by name any Member persisting in a breach of the Rules of Procedure and order the member to vacate the Council Chamber;

6. Conduct of Members

6.1 Any Code of Conduct or Ethics applicable to Members of Council adopted by Council shall apply during a meeting held pursuant to this by-law.

6.2 A Member shall have the following duties:

a) to deliberate on the business before it;

b) to vote when a motion is put to a vote;

c) to respect the Rules of Procedure.

6.3 No Member shall:

a) use offensive words or unparliamentary language in or against the Council or against any member of staff or the public;

d) disobey the Rules of Procedure or a decision of the Chair or of the Council on questions of order or practice or upon the interpretation of the rules of the Council;

6.4 Where a Member persists in any disobedience of the Rules of Procedure after having been called to order by the Chair, the Chair shall forthwith put the question, no amendment, adjournment or debate being allowed, “that such Member be ordered to leave his/her seat for the duration of the meeting of the Council,” but if the Member apologizes he/she may be permitted to retake his/her seat.

6.5 The Code of Conduct, pursuant to by-law 21-2016, as amended from time to time applies.

38Section 6.3 prohibits “offensive words or unparliamentary language.”

39Section 4 m) makes it the duty of the presiding officer, “to call by name any Member persisting in a breach of the Rules of Procedure and order the member to vacate the Council Chamber.”

40The primary responsibility to uphold order and decorum is that of the presiding officer who, unlike an Integrity Commissioner, is present and able to act immediately.

41In my view, sections 6.1 and 6.5 of the Procedural By-law empower the presiding officer to apply the Code of Conduct in the course of chairing a meeting.

42Several other Integrity Commissioners share the view that they should not supplant presiding officers’ authority over comments made during Council meetings.⁹

43I recognize that this case is unique. The Member who made the comments at issue was the Mayor, the presiding officer. He could not call himself to order. By the time the Deputy Mayor assumed the role of presiding officer, the Mayor had left, and it might have been impractical to call the Mayor to order or rule on a breach of decorum.

44Other relevant factors include the following: The presiding officer’s ultimate sanction, in section 4 m) of the Procedural By-law, is to order a Member to leave the room, and the Mayor had already removed himself. At the time of the comments, it seemed that the Mayor might actually have intended to resign, in which case it might have been moot for the Deputy Mayor, as presiding officer, to address the breach of decorum.

45I also note that the complaints were filed prior to the September 16 Council meeting, at which Council confirmed that the September 2 Township-tour discussion was an open meeting discussion and that the recording should be made public. Now that the recording has been made public, there seems little value in having the Integrity Commissioner make findings of fact about words that everyone can hear. Now that the recording has been the subject of scrutiny, it is unclear how my evaluation will advance understanding of what occurred.

46In Chan v. Therrien, 2021 ONMIC 6, at paragraphs 104-105, I considered the legislative framework of Code of Conduct inquiries, and made these observations (footnotes omitted):

Codes of Conduct and Integrity Commissioner inquiries are significant matters. The Legislature has seen fit to require that each municipal council adopt a Code of Conduct, and either appoint an Integrity Commissioner or obtain the services of one. Integrity Commissioners have a role in giving advice to Council Members, but the Legislature perceives the function to be so weighty, it has mandated that both the request for advice and the response be in writing. Upon the request of a Council, a Council Member or a member of the public, an Integrity Commissioner may conduct an inquiry into whether a Council Member has contravened a Code of Conduct. In an inquiry, the Integrity Commissioner may use Public Inquires Act powers to issue summonses, take evidence under oath, and compel document production. The Integrity Commissioner is entitled to free access to all books, accounts, financial records, electronic data processing records, reports, files and all other papers, things or property of the municipality that the Integrity Commissioner believes to be necessary to the inquiry. In the event of a contravention, the Integrity Commissioner may recommend and Council may impose a suspension of up to 90 days’ pay.

These are serious provisions, and their implementation comes with a material cost to each municipality.

47When it enacted this regime, did the Legislature intend that municipalities would need to pay Integrity Commissioners to investigate comments that are already available on public recordings, or to interpret whether words like “scumbag” are impolite?

B. Did the Respondent’s comments contravene section 14.1 of the Code?

48The language used was obviously a breach of decorum.

49However, Council is in the best position to decide what steps, if any, to take as a result of this finding.

50It is clear that the Respondent and Complainants have history that pre-dates the September 2 incident. It is also clear that much had already occurred on that day, including another Council Member’s departure. Council Members and the public are aware of this context. I have decided not to search back in time to assess whether there was justification or provocation that explains what occurred. I do find that there was no immediate provocation for the remarks.

Recommendation

51I recommend that Council receive this Report.

Content

52Subsection 223.6 (2) of the Municipal Act states that I may disclose in this report such matters as in my opinion are necessary for the purposes of the report. All the content of this report is, in my opinion, necessary.

Respectfully submitted,

Guy Giorno

Integrity Commissioner

Township of Amaranth

June 28, 2021

Footnotes

1. 1Dufferin News, “Councillor Mark Tijssen of Amaranth Resigns” (September 2, 2020), online: https://www.facebook.com/dufferinnews/videos/2662935230629900
2. 2Chris Halliday, Orangeville Banner, “Amaranth councillor resigns over toxic work environment and ‘sustained campaign of harassment’ against Mayor Bob Currie” (September 2, 2020), online: https://www.orangeville.com/news-story/10161786-amaranth-councillor-resigns-over-toxic-work-environment-and-sustained-campaign-of-harassment-against-mayor-bob-currie/
3. 3Deputy Mayor Gerrits, Facebook (September 2, 2020, 3:31 p.m.), online: https://www.facebook.com/deputymayor.gerrits.3/posts/167876818219863
4. 4Agenda package (September 16, 2002), p. 15, draft of September 2, 2020, minutes, p. 10, online: http://calendar.amaranth.ca/council/Detail/2020-09-16-1800-September-16-2020-Council-Meeting/f4dc9ba0-549b-4bd9-aa26-ac33010b2275
5. 5Resolution #5, Council Minutes (September 16, 2020), pp. 2-3.
6. 6Agenda package (September 16, 2002), p. 15, draft of September 2, 2020, minutes, p. 10, online: http://calendar.amaranth.ca/council/Detail/2020-09-16-1800-September-16-2020-Council-Meeting/f4dc9ba0-549b-4bd9-aa26-ac33010b2275
7. 7Dufferin News, “Amaranth Mayor Calls Councillors Scumbags. Resigns... Not!” (September 19, 2020), online: https://www.youtube.com/watch?v=LqI6B90mcbE
8. 8See Dufferin News, note 1, and Orangeville Banner, note 2.
9. 9City of Toronto, Report on Complaint (April 6, 2005), Integrity Commissioner David Mullan, at 4; City of Toronto, Integrity Commissioner Annual Report-2009 (July 29, 2009), Interim Integrity Commissioner Lorne Sossin, at 12; City of Toronto, Integrity Commissioner Annual Report-2010 (June 28, 2010), Integrity Commissioner Janet Leiper, at 4; City of Toronto, Report from the Integrity Commissioner on Violation of Code of Conduct: then-Mayor Rob Ford (September 22, 2015), Integrity Commissioner Valerie Jepson, at 10.