Tonight’s meeting consisted of 2 presentations that were deemed “council training sessions”. There were only 8 members of the public in attendance.
Of special note, Councillor Fryer and Councillor Courtney were absent tonight.
Code of Conduct Training – Robert Swayze, Integrity Commissioner
First up was Mr. Swayze, the integrity commissioner. He was pleased that his training session was done during a public meeting as it could have been done in-camera. (Kudos to whoever made the decision to have this done in a public meeting. Serves towards transparency, I think.) Mr. Swayze said that he was hoping for participation from council, with questions or interruptions as needed during his presentation. (A little foreshadowing, I’m guessing he left kind of disappointed, serious lack of participation was seen. ) He explained his role was independent of staff and that he reports directly to council. He stated that the role of councillor is complicated and that he can’t open an investigation based on principles, he can only open an investigation based on a violation of the rules governing council. Here is what I retained from his presentation.
Conduct at meetings and otherwise
Mr. Swayze said that he encourages vigorous debate during council meetings, he feels it is the backbone of democracy. He said he gives some latitude if councillors say derogatory statements about other members of council during debate, but no latitude at all for name calling or derogatory statements about members of the public or staff. (hmmmm….uh-oh….)
Confidential Information
Mr. Swayze cautioned council that he is very strict about issues around the releasing of any type of confidential information. He cautioned council that they can not say anything about what is said or done in an in-camera meeting. He cautioned them to be very careful about this. (hmmmm…..uh-oh again…..anyone remember the in-camera leaks that happened around this time last year during the firefighter situation?) Councillor Meloche had a question about something in their “councillor’s handbook” and Mr Swayze addressed it. He said it’s very clear, council members can not talk about anything that happens in-camera. Ever.
Improper Use of Influence
Mr. Swayze felt this was obvious for council. Yes, their voting is up to them, however, they should not use their power to influence others.
Conduct Respecting Staff
Mr. Swayze said that a majority of council runs the town and makes decisions. (don’t we know it… LOL) However, there is a line between council and staff. Mr. Swayze cited, for example, a councillor can not yell at staff, that they have no executive authority over members of town staff. He explained the chain of command, right on up to the CAO. He said the Mayor holds a special power and that is to declare an emergency. (Does any one else think those hard, uncomfortable chairs for the public in council chambers are an emergency?)
Mr. Swayze asked again if there were questions. There were none.
Investigations
Mr. Swayze said that if there is a complaint under council’s code of conduct, he must first see if he has jurisdiction to address the complaint. He made it clear that he has no authority over staff, only members of council. He must apply the rules of fairness and ensure the complaint is not politically motivated or vexatious. When the complaint is deemed warranted and within his jurisdiction, he sends an email to the councillor and they have 10 days to provide a written response. He then supplies the response to the complainant. He said it is similar to a court process. He said that then he would then make a recommendation to council regarding the complaint.
He again told council that he wants discussion and questions. Councillor Meloche had a couple about conflict of interest, but that was it. Councillors Pouget, Lavigne and Deputy Mayor DiPasquale never said a word during his presentation and training session.
Workplace Violence, Harassment & Discrimination Prevention Training – Adrien LeBlanc, Health & Safety Officer
Next up was Mr. Adrien LeBlanc the Health and Safety Officer. He provided a somewhat lengthy presentation (with PowerPoint) about Health and Safety in the workplace. Unlike Mr. Swayze’s Integrity training, there were many more questions and comments made during the Health & Safety (H&S) training. Deputy Mayor DiPasquale asked how often the policy needs to be reviewed by council. Mr. LeBlanc said that it is to be reviewed annually by the employer and reviewed every 2 years with staff. Councillor Pouget asked if there had been significant changes to this new policy from the old. The Clerk said this new policy was adopted in March 2016, with some changes. (I got the impression there weren’t many changes) Councillor Pouget then cited page 8 of 25 #6.10.2 (I think I got that right) that any member of council if confronted with a situation of harassment should go to the CAO or Mayor. She said that at one time members were accused of not doing this but they were following the policy to a T. (I’m not exactly sure what she was referring to, and there were crickets in the room after she made this statement.) Councillor Pouget then cited page 7 of 25 and spoke of a website that continually blasts four members of council. She feels these four members of council are being harassed and falsely accused, citing pictures and statements. She wondered if there was anything they could do to protect themselves from harassment. Mr. LeBlanc told her that, like anyone, she can use libel and slander laws for personal matters, however it is dependant on what is being said and that generally, when it comes to politicians, “people talk”. Mr. LeBlanc then went on to explain that the Mayor is the official spokesperson to the media when the town takes a position on an issue. Councillor Pouget asked if councillors can respond in the media or if they will be challenged. She mentioned that members of committees have been disciplined for speaking their minds. Councillor Pouget then stated that the Mayor said in the media that he found the certain website “entertaining”, however, she feels the website has been badgering four councillors. (Just my opinion, but I think she was referring to a Facebook page called – Amherstburg Election Project – and was mistakenly calling it a web site.) Anyway, the clerk brought the discussion back on track by reminding everyone that this part of the discussion was about the code of conduct as it relates to the Mayor as the spokesperson. (wait a minute…..wasn’t this the H&S presentation? Why didn’t these questions get asked of Mr. Swayze? Wasn’t his presentation about the code of conduct?)
Councillor Meloche then asked a question and used the example of what if one employee refers to another as an “idiot”. Mr. LeBlanc explained that statements need to be a course of vexatious comments, not a one-off single comment to be deemed harassment. Councillor Lavigne clarified that if there were a harassment complaint about a member of council to staff, this would be up the the Mayor, in terms of how to deal with it. Mr. LeBlanc said that the mayor would have to determine whether to bring in a third party or not to investigate. Then, Councillor Lavigne asked what if the harassment complaint is about the Mayor? Mr. LeBlanc had to do a little bit of quick research but said it would be up to the HR department and the CAO to bring in a third party to investigate. Deputy Mayor DiPasquale had a couple of questions also. (Here’s the part I retained…..INTERVENE….if you see harassment, say something, do something, don’t just sit there, then bring it up the chain of command. But that’s just what I retained.) Councillor Meloche then had some questions and then the presentation and training was over. (Note to self…..since this was training, will there be a quiz to see what was learned and retained? What will be done to train the people who were absent? )
One last minute addition to the agenda
The Music on the Porch event recently held at the Park House was such a success, that the organiser, Mr. McDonald has requested more dates. The next date, July 29th, falls before the next council meeting in August, so he was requesting approval. He got it. There will be music on July 29th.
As for councillor of the week……this week Councillor Meloche gets the award, hands down. He was actively listening to the presentation and asking questions and participating. He was engaged and seemed curious and wanting to learn about the two issues up for discussion. Kudos to you, Councillor Meloche.
As for me, I learned a little bit tonight too. I won’t lie….both presentations were somewhat dry, not overly dynamic, however the cold, hard seat kept me uncomfortable enough to stay at attention. Fortunately, it’s summer and we have a little breather until the next meeting in August.
Well there you go folks, our town leaders now know where the line is for their code of conduct and harassment policy. Let’s hope they stay on the right side of the line and keep us out of the news!!