A pair of councillors in the Township of The North Shore have been slapped with penalties and sanctions for breaching the township’s code of conduct.
In reports presented during Wednesday’s council meeting, the integrity commissioner for the township — Tony Fleming of Cunningham Swan Carty Little and Bonham LLP — concluded that both Ward 1 Coun. Richard Welburn (Algoma Mills) and Ward 3 Coun. Tracey Simon (Serpent River) engaged in inappropriate behaviour during incidents that took place earlier this year.
Welburn in particular had a laundry list of breaches — eight in all — that were identified as a result of Fleming's investigation into several complaints.
Council heard Welburn made “disrespectful” comments while raising his voice and interrupting both staff and members of council while they were speaking during a Feb. 7 closed meeting. The integrity commissioner determined that Welburn’s behaviour during the meeting constituted a breach of the township’s code of conduct, which calls for “civility and decorum during a council meeting.”
Welburn breached the code of conduct again during the same meeting, Fleming added, when comments were made about a staff member that called their ethics and professionalism into question. The integrity commissioner advised council that questions about staff acting appropriately in the scope of their employment and allegations of that nature should not take place in open or closed sessions of council, and should be directed through the chief administrative officer as an employment matter instead.
“Council members can absolutely ask questions about staff — they can ask questions about decisions that staff have made or recommendations that staff are making. But there’s a proper forum for certain types of inquiries or questions,” Fleming said.
The integrity commissioner also found that Welburn breached the code of conduct a third time during the same closed meeting when he interrupted staff and “challenged them on certain points,” while council was simply trying to approve the minutes from the previous closed session.
“The conduct and the constant questioning and interrupting by Coun. Welburn led to a point where the meeting was adjourned,” Fleming told council. “I don’t even think those minutes were approved at that meeting because of the constant questioning and interrupting, and improper manner in which the councillor was conducting himself.”
It was also during this same meeting Welburn breached yet another section of the township's conduct code by making several comments about an ongoing confidential matter in front of staff who shouldn’t have been privy to that information.
On top of repeatedly breaching the code of conduct, Fleming also concluded that Welburn breached three sections of the township's policy on council-staff relations by "exhibiting an angry and agitated demeanour" during the closed meeting and made comments that were "disrespectful and uncivil" in nature.
Council approved a 15-day suspension of Welburn’s pay and requested him to issue a public apology based on the integrity commissioner’s recommendations.
When asked for comment, Welburn told Mayor Tony Moor that he was “good with the punishment handed out,” and asked that the 15 days of pay that he was being docked be donated to charity.
Council also passed resolutions to make the integrity commissioner’s report public, in accordance with Ontario's Municipal Act, via the township website and to make hard copies available at the township office upon written request.
The integrity commissioner also recommended penalties and sanctions for Simon, who breached the township’s code of conduct when she advised a fellow council member to ‘grow a set’ in an email earlier this year — an inappropriate comment deemed to be "indecent, abusive and insulting" in his report.
“This is conduct that falls below the standard that’s expected of a member of council,” Fleming said.
Other undisclosed allegations contained in the complaint against Simon were dismissed.
Council subsequently moved to reprimand Simon and request that she make a public apology based on recommendations made by the integrity commissioner.
Welburn and Simon both apologized for their actions before council Wednesday night.
