It took four hours, but Chatham-Kent’s compliance audit committee rejected all 10 election finance complaints leveled recently by former mayoral candidate Robert Salvatore Powers.
Powers filed applications for audits in late April against fellow mayoral candidate Alysson Storey; council candidates Penelope Duchesne, Amy Finn, Don Fuoco, Ryan Jackson, Don “Sparky” Leonard, Karen Kirkwood-Whyte, Brock McGregor and Larry Vellinga; as well as the Campaign Life Coalition.
Powers said in the applications that the candidates took part in a “campaign event hosted by Ben Labadie at the Ten-Seven Cafe and Lounge. This professional campaign event included renting a space, utilizing audio-video equipment, the filming and editing of digital media content and the possibility of other people contributing their services.”
Powers believed the events represented a contribution of services, and should have been accounted for in the candidates’ election financial statements.
Labadie held Facebook Live events at Ten-Seven during the campaign, and a number of candidates appeared on the events.
The committee, comprised of citizens Mike Lowther, Mike Phipps, Daniel Whittal and Paul Watson, met at 5 p.m. May 22 to handle the complaints.
At the request of Powers, the committee heard each complaint individually, with comments throughout much the same, as he rested on the content of his applications.
Those defendants who attended largely had the same argument.
“Interviewing with Ben Labadie in my opinion was no different than what I conducted with the local media,” Kirkwood-Whyte said.
“I was approached by many newspapers and radio stations and did not receive any donation money nor did I think they were contributing to my campaign. This was more of a public service,” Finn said.
But when it came to Storey, she took greater issue with Powers’ accusations, adding she believed he had harassed her at times during the campaign.
Storey claimed she is still the target of “online harassment.”
Powers stated to the committee he wanted to register an objection to “unfounded comments” from Storey.
Following nearly three hours of seclusion, the committee returned with its decision that all applications were declined.
“The applications were not presented with compelling and credible information that raised reasonable probability that a breach of the campaign finance provisions of the Municipal Elections Act had occurred,” Lowther said.
Whittall, chair of the committee, said the members will provide written reasons for all involved before the June 2 deadline.
He also explained why the committee worked so late into the evening on May 22.
“We felt it was important to come back with a decision this evening,” he said.
Despite that effort, only a few of the accused were present when the committee returned with its decision.
Powers had left the Civic Centre when the committee went to deliberate.
There is an appeal process. Powers has 15 days to take the issue up in Ontario Superior Court.
Prior to addressing the complaints May 22, the committee had to deal with some issues of its own first.
During declarations of conflict of interest, Lowther admitted he had worked on Kirkwood-Whyte’s campaign team, so he recused himself from dealing with that complaint.
But Watson, the municipality’s integrity commissioner, ultimately stepped down outright due to potential conflict.
He said he was advised he might be in conflict shortly before the start of the meeting, as the Municipal Election Act disqualifies a person if he or she is an employee or officer of the municipality.
“I’m not an employee as I have a contract. But the question is if I’m an officer.”
Following legal advice from municipal personnel, Watson opted to step aside.
“It’s in the best interest of the community that I declare that I’m ineligible for the committee,” he said.
