Back in the day when I was a municipal councillor there was no such thing as an Integrity Commissioner.
Now, according to the Municipal Act, municipalities must have such a person.
That individual is expected to report to Council in an independent manner on a number of local government functions. For example, they will look at the application of the code of conduct for Council and local Board members and the application of any procedures, rules and policies governing the ethical behaviour of members of council and of local boards. There are other functions set out in the Act.
The concept of promoting transparency and ensuring codes of conduct are adhered to is a good one. There are detractors of course. Cost is an issue. But that is beyond the scope of this brief post.
Let’s take a quick look at the 2020 Annual Report of the Integrity Commissioner for the Corporation of Norfolk authored by John Mascarin.
The report can be found beginning at page 31 at https://www.norfolkcounty.ca/wp-content/uploads/2021/04/CIC-Agenda-April-13-1.pdf
Here are some highlights.
Complaints
Three complaints were examined in 2020.
1. It was alleged that Mayor Chopp offended the Code and the County’s Procedural By-law when she displayed a cartoon image of a fecal sandwich in a meeting with provincial staff. The Commissioner found “when considered in context, however crude and juvenile the display of the cartoon may have been in a formal meeting it did not amount to a breach of the Code.” We trust that this wasn’t a lunch meeting.
2. A second complaint grew out of the first one. That complaint “related to the improper disclosure of the identity of the complainant on the part of the Mayor.” A Norfolk County bylaw is clear. The Integrity Commissioner shall identify all complainants to the individual who is subject of the complaint and require that the subject maintain the identity of the complainant as confidential. (See Section 14.6 of By-law 2018-33) Mayor Chopp contended that the Commissioner was the one who had breached confidentiality. The Commissioner “concluded otherwise” and determined it was the Mayor who had breached.
3. This complaint alleged that the Mayor Chopp contravened three provisions of the Code of Conduct in interactions with members of the public in Port Dover on May 2nd. The Commissioner concluded she hadn’t.
Inquiries
The report summarized inquiries received over the last year. They fell into three areas. People were concerned about that fecal sandwich cartoon and the Mayor’s public square haircut stunt but most importantly, in my view, were concerns regarding the dysfunction of Council. Haircut Protest - Photo from blogTO.com
The Commissioner called this situation “truly troubling.”
Council Relations
The November 17, 2020 Council meeting is cited. Many will recall that the attempted addition of the topic of Council Relations to the Agenda prompted the mayor to make allegations of a witch-hunt, axe and replace the Deputy Mayor, and exit the building in the midst of the meeting.
In an understatement the Commissioner wrote that “the acrimony between members of Council was never more apparent than at this meeting.” And if you thought that was bad the Commissioner noted that “we have been advised that the level of discord has not abated in 2021.”
Should the average Norfolker care if Council members get along?
For sure.
The report notes:
• The lack of team unity.
• The “dread” some feel about attending meetings of Council and committee.
• The adversarial and hostile atmosphere both inside and outside the Council Chambers.
• That Council operates in a debilitated state but also in a selectively secretive manner with a “complete disregard for the Code of Conduct, Council and staff policies, and policies that are put in place to protect members of the public.”
Council training and team building, agreed to some time ago, have not happened yet. It may be too late for the team of 2018-2022. But when elections come around in October 2022 voters should expect answers from incumbents and contenders on how this will all be fixed.
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