By Pam Wright
Local Journalism Initiative Reporter
Chatham-Kent council has added its voice to an Association of Municipalities of Ontario’s quest to enact legislation that would see elected officials removed if they behave in a violent or harassing manner.
But the motion to support AMO’s proposed code of conduct change – put forward by Wallaceburg Coun. Carmen McGregor – drew skepticism from some councillors. It narrowly passed in a 9-8 vote.
Specifically, some councillors disagreed with the idea that in the most egregious cases involving harassment and assault, municipalities could apply to a judge to remove a sitting member if recommended by the integrity commissioner. Several also took issue with the recommendation that an elected official who was removed could seek re-election.
When reading the motion, McGregor pointed out that “democracy suffers” when the public loses confidence in its elected representatives and institutions.
However, Chatham Coun. Michael Bondy said the recommendations go too far, stating there is a mechanism in place and it’s called “Election Day.”
Bondy said that allowing one person, “one judge” to remove an elected official doesn’t seem like democracy, adding he disagrees with a government-appointed official dictating who is in government.
He went on to say that because reports to the integrity commissioner are anonymous, someone who didn’t like a councillor could bring forward accusations and the elected official could be unseated, which to him means “overturning an election.”
North Kent Coun. Rhonda Jubenville echoed Bondy’s comments, noting she disagrees with one person wielding so much power, as each instance is “subjective.”
Jubenville said she would be “100-per-cent comfortable” with the proposed changes if the elected official was found to be guilty in either a criminal or civil case.
On the flip side, Chatham Coun. Brock McGregor said the AMO proposal is not asking the integrity commissioner to remove a councillor – it’s asking that such matters be referred to a judge.
He noted the request was born out of a “really serious issue” on Ottawa city council, where a councillor reportedly harassed an employee.
“Like most rules, this happened because things weren’t able to be addressed,” McGregor said, adding Chatham-Kent council is simply backing the AMO proposal.
“When you look at those instances and realize that people are unable to feel safe in workspaces, that’s really unacceptable and we should be held to the same standard that other employees are held to,” McGregor told council.
Originally brought forward as a notice of motion at the June 26 meeting, council agreed to waive the waiting period, as requested by McGregor. The Wallaceburg councillor explained time is needed to speak with local MPPs on the issue prior to the AMO conference in August.
Currently, the harshest penalty that can be imposed on a municipal councillor who behaves badly is a 90-day suspension. There is no mechanism in place to remove an errant councillor who is abusive.
A private member’s bill put forward by Liberal MPP Stephen Blais of Orleans, Ont. that would see the removal of a councillor found to be violating the code of conduct through abusive behaviour, did not receive support in the Ontario legislature and died on the assembly floor in late May.
