Integrity Commissioner decides deliberately breaking the city's Code of Conduct is Ok for those Councillors who do not get re-elected.

News 100 redBy Pepper Parr

January 23rd, 2019

BURLINGTON, ON

 

City Council met on Monday in the Great Room at the Paletta Mansion.

It was a closed session with two presentations being made:

A Workshop presented by Mike Galloway, CAO, Town of Caledon, on Governance for Elected Officials and Senior Management.

There was a second Workshop presented by Jeff Abrams and Janice Atwood-Petkovski, Principles of Integrity on Code of Conduct and responsibilities of the Integrity Commissioner.

The province requires all municipalities to have a Code of Conduct in Place and an Integrity Commissioner that the public can turn to should anyone feel that the elected officials and the appointed Staff are not complying with the Code of Conduct.

Burlington had problems putting a Code of Conduct in Place. Former City Manager James Ridge wasn’t able to get the 2014-2018 city council to agree on a Code of Conduct and ended up having to use much of the boiler plate document the province provided.

Marianne Meed Ward, now the Mayor, was a huge champion for a Code of Conduct – but she was never able to convince her colleagues to come up with something they couldn’t slide around.

IntegrityThe session on Monday was the first opportunity the new Council got to see what it was that they had to live by.

Burlington, along with the Region and all the other municipalities in the Region agreed to hire the same form to serve as the Integrity Commissioners for everyone. Their contract started last September – it took them a number of months to get organized and deal with any complaints or concerns.

The Integrity Commissioner is hired by the municipality, paid by the municipality and reports to the municipality.

The city web site had next to no information on the new Integrity Commissioners.

The Gazette had to reach out to other municipalities to get some background on Abrams and Atwood-Petkovski.
On October 1st, 2018 the Gazette filed a formal complaint against then ward 6 Councillor Blair Lancaster for making public information that she learned of in during a Closed Session of city council.

The details of the complaint and the response we got from the Integrity Commissioner is instructive.

Our letter to them:

Jeffrey A. Abrams, Co-Principal
Principles Integrity
Toronto, ON
October 1, 2018

Dear Sir:
I wish to file a complaint with the Integrity Commissioner that city of Burlington has retained.

I am the publisher of the Burlington Gazette, an online accredited newspaper that has been publishing since October 2010.

Blair LancasterOn September 20th, Ward 6 Councillor Blair Lancaster posted a note on the Facebook page of what is known as Burlington News.

It is not entirely clear just who owns Burlington News or who they represent.

A link to the Facebook page is:
https://www.facebook.com/Burlington-News-1761429080829043/

The part of the posting that concerns us is:

“The editor of the Gazette has already been banned from city facilities for other inappropriate actions, and the actions of both the Gazette and ECOB are two of the reasons why I initiated the Anti Bullying and Harassment Task Force at The City of Burlington. This task force will set our policies and actions in response to threats.”

The issue we need to bring to the Integrity Commissioner is:

Where did Councillor Lancaster get the information she posted on the Burlington News Facebook page?

The information was not public.

We have reason to believe that Councillor Lancaster got the information during the Closed Session of a Burlington City Council Standing Committee meeting that took place sometime between August 25th and November 20th, 2016.

The city’s Code of Good Governance and the provinces Municipal Act prohibit a member of Council from making public information released, discussed or tabled during a closed session of council.
There are provisions for a Court to remove a Councillor from office if they do so.

We ask that you investigate this matter and advise me as to where Councillor Lancaster obtained the information that she made public on September 20th, 2018.

Whether or not the information Councillor made public is true or not – is not the issue.  The issue is her making it public.

We would appreciate a speedy response to sending you what is both a complaint and a request that you determine where Councillor got the information.

I would ask that communication between Integrity Principles and me be done electronically. In the event that you feel you have to converse with me I will want to record the conversation.

Sincerely,

Their response to us:

October 3rd, 2018
Integrity Commissioner Response.

Our process requires us to first determine whether your initial inquiry on its face identifies a breach of the City’s code of good governance and whether it represents an issue which would be in the public interest for us to pursue. As part of this process, we may be seeking your assistance in order to clarify or narrow the issues raised.

Assuming as a result of that process we determine that an investigation should ensue (and that there is no opportunity for an early resolution of the matter) we would bring the matter to the respondent councillor’s attention and seek their input. We will not, however, be doing so until after the municipal election is concluded.

If we proceed to an investigation and that investigation results in a finding that the Burlington code of good governance has been breached, our report to Council will be presented after the new council term commences.

Our time table will also be dependent upon the amount of time it takes us to assemble relevant facts, produce a findings report, provide a fair opportunity for the respondent to comment on our findings, and to formulate a final recommendations report to Council.

With reference to the concluding statement in your inquiry (respecting the manner in which an interview with you ought to be conducted), should we proceed to a formal investigation we will determine the forum and manner in which interviews are to be undertaken.

Please let me know if you have additional questions about our process.

Sincerely,  Principles Integrity – Integrity Commissioner

Next – their decision:

Pepper Parr Publisher Burlington Gazette

Delivered by email: publisher@bgzt.ca

January 5, 2019
Re: Councillor Blair Lancaster Conduct Complaint

Mr. Parr,

This is further to the formal complaint filed with us on October 1, 2018 and the email exchange between us since then.

Ward 6 Councillor Blair Lancaster thinking through the answer to a question. Tends to be cautious.

Former Ward 6 Councillor Blair Lancaster thinking through the answer to a question.

Your complaint, in essence, was that (then) Councillor Blair Lancaster of the City of Burlington posted in the Burlington-News a posting which contained the words:

“The editor of the Gazette has already been banned from city facilities for other inappropriate actions, and the actions of both the Gazette and ECOB are two of the reasons why I initiated the Anti Bullying and Harassment Task Force at The City of Burlington. This task force will set our policies and actions in response to threats.”

The posting was made on September 20, 2018, and amended in part on October 8, 2018.

Most notably, your complaint was filed after the “last council meeting in June”, the date beyond which the City’s integrity commissioner is by the Burlington Code of Good Governance prohibited from making any investigation reports to Council.

For your information, recent amendments to the Municipal Act mandate that inquiries to integrity commissioners cannot be made between Nomination Day (July 27, 2018 for the 2018 municipal elections) and Voting Day (October 22, 2018 for the 2018 municipal elections). Those amendments do not take effect until March 1, 2019 (the date by which all municipalities in Ontario must adopt codes of conduct and appoint integrity commissioners) however we, and other integrity commissioners who have been appointed prior to that date, have governed ourselves as if the amendments are already in force.

As it happens Councillor Lancaster was not successful in the last municipal election and no longer sits on Burlington Council.

Your complaint is in essence that the information posted by then Councillor Lancaster was obtained by her in closed session and the posting was therefore in contravention of prohibitions in the Burlington Code of Good Governance against the disclosure of confidential information obtained in such circumstances:

14. We will hold in strict confidence all information concerning matters dealt with in Closed Council meetings, matters subject to solicitor client privilege, personal information, or information that is otherwise determined to be confidential.

We have not, as you know, formally investigated this matter. Even were we of the view that a formal investigation of the matter was warranted in the public interest, given our choice of procedure we were unable to commence an investigation during the election period.

Now that we are beyond the election period a determination of whether a formal investigation would be in the public interest is necessary.

In our view, a formal investigation into this matter would not be in the public interest. We make this decision principally for the following reasons:

1. Councillor Lancaster is no longer a sitting member of Council which presents little opportunity for corrective action if an adverse finding were to be made;

2. The opportunity to reinforce Members’ obligations to maintain the confidentiality of closed session information can still be obtained in the absence of an investigation and formal report, given that we are scheduled to provide orientation training for the current Members of Council.

Thank you for bringing this matter to our attention. Although an investigation will not be undertaken, we will be reinforcing Members’ responsibilities under the Code of Good Governance, including the obligation to maintain confidentially, through education and training.

Sincerely, Principles Integrity Integrity Commissioner for the City of Burlington.

Lancaster speaking at a city council meeting on bullying.

Lancaster speaking at a city council meeting on bullying.

This matter is far from closed.  The public interest was and is – can a member of council disclose information they gained in a Closed Session of Council without any repercussions.  The fact that Ms Lancaster was not re-elected is not the issue.

It is as if the treasurer of a corporation stole some money from the corporation and then quit their job; does that mean they don’t get investigated and perhaps charged?

While the city cannot apply any sanctions against a Councillor who breaks the rules for their own benefit there are other levels of government that can.

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6 comments to Integrity Commissioner decides deliberately breaking the city’s Code of Conduct is Ok for those Councillors who do not get re-elected.

  • Carie DeMunck

    I am wondering if this is a case that can be forwarded to the Ontario Ombudsman to determine what, if any, consequences can be applied to offendors, especially in light of the use of the propagandist publication of the “Burlington News”? One of the key users of that publication /page is still on Council should that person not be questioned / made accountable for their use to spread false information? Fortunately, I believe, there is a small percentage of Burlington population that the “ Burlington News” Facebook Page actually reached. Regardless, it’s intention was to be slanderous, libellous, and to create confusion and mistrust in Burlington voters. Any elected official found to be posting on it, quoting or linking it as credible evidence based facts should be questioned, as it speaks to their trustworthiness and integrity.

  • Blair Smith

    I seem to be somewhat late to this commenting stream but will submit regardless. I find that there is a quirky sort of bureaucratic logic to Jeff Abrams’ argument around why an investigation was not launched into the behaviour of then Councillor Blair Lancaster. It all has to do with when the perceived offence was committed, the nature of the complaint made as well as the result of the election in which Lancaster ran. It is, literally, the letter of the law. The spirit, as Pepper has identified, is something quite different I think. I believe that it is demonstrably ‘in the best interests of the public’ for there to have been a thorough and open investigation into the behaviour of Ms. Lancaster. There is a reason why she was not re-elected and it is precisely her past behaviour. She was finally held to account. To claim that it is not in the “public interest” to make transparent previous unacceptable conduct, so that future conduct can be shaped and informed thereby, is misguided in my view.

  • Lynn Crosby

    Ah yes, the “Burlington News”. A facebook page moderated and run in the shadows, by people who refuse to identify themselves, even when asked directly. A page that started before the election, and had and has an obvious bias against Marianne Meed Ward, citizens and candidates (now councillors) who support her positions, and ECoB, a reputable citizen group representing folks from all over Burlington.

    I have been following the issues raised here closely, as someone heavily involved in the Marianne Meed Ward campaign. During the election Burlington News purported to be all about informing Burlington citizens about the election candidates and issues. Yet somehow, they forgot the major story about the widespread disgust with the third party advertisers and their campaign of harassment and bullying and slander using attack ads, robocalls, tie ins with Nick Kouvalis’ firm, and the slanderous and hateful, misogynist website and flyers distributed by candidate Peter Rusin. This news made the CBC, CTV, Global News, The Toronto Star, the Hamilton Spectator, but Burlington News didn’t think it was worth mentioning. They did, however, post a promotion of Peter Rusin as a candidate and include a link to his (hateful) website. They did post on September 11 a diatribe written by then-Councillor Rick Craven, which was nothing but a personal attack on Meed Ward and what was in my opinion completely unacceptable from a sitting council member writing about his colleague. They did post, on election day, a diatribe from a faceless individual which ended with the line “vote for anyone but MMW and her ECoB cult.” Posts have very few “likes”, usually by the same few individuals, and it’s amusing taking a look at who those people are. There are posts on the site by Blair Lancaster where she thanks Burlington News for “exposing the alternative motives behind ECoB”, and I’ve seen posts on Councillor Sharman’s own city fb page where he linked to the Burlington News site as if it is a legitimate news source. It is not. On a good day, it is laughable; on a bad day, it is libellous. Nobody should legitimize it by posting on it.

    Lastly, the hypocrisy of Blair Lancaster initiating an anti-bullying and harassment task force, after she sat silently through MMW’s Point of Privilege on January 24, 2018 where Meed Ward called out the harassment levied at herself, and then watched the obvious abuse and bullying MMW encountered during the election campaign but said nothing in support of her or to call out the abuse, is staggering to say the least.

  • Stephen White

    If a Councillor is on the City payroll after the Nomination Day and up to the Election Day, and they are, for all intents and purposes, still members of Council, and hence, bound by the terms and conditions of their office, one would naturally pre-suppose that their conduct is subject to scrutiny and review.

    So does this mean that Code of Conduct, Conflict of Interest, and all other related and applicable municipal legislation that governs Councillors’ actions and behaviour doesn’t apply to incumbents during this three month window in which they are campaigning for re-election or retiring?

    Bizarre!

  • Gary Scobie

    Interesting. Integrity is not required during a municipal election. And if one happens to lose, no problem at all. As a citizen am I supposed to laugh or to cry?

  • Joe Gaetan

    The Integrity Commissioner is hired by the municipality, paid by the municipality and reports to the municipality. That says it all.