Posted On: Wednesday, March 28, 2018
Councillor Martin, seconded by Councillor McGee, brought the motion requesting that a special council meeting be scheduled to explore options for settlement of the judicial review application. The motion was passed with a recorded vote as follows. Agreed : Halos, McGee, Martin, Ardiel - Opposed McKean and Gamble - Seguin absent
The information in the Press Release is informative of the process as it stands, however the Review is wondering why the Mayor's letter did not also tell the public that the majority of Council had just voted to explore options for resolving this matter. A number of letters from the public and citizens groups have been written to Council urging to have it ended, and thereby saving on future spending of taxpayers dollars.
This trend of accusing councillors who voice their opinions on certain subjects regarding the business of the municipality which they have been voted in to oversee, seems to be more prevalent these days and most municipalities are looking to have Integrity Officers available to deal with complaints in an open and transparent process, not unlike our council did 2 years ago when they changed the bylaw regarding complaint procedures. However, they did not use that option when dealing with the complaint against one of their own. The charges could have been dealt with fairly and quickly at minimal cost.
"On May 9, 2016, a complaint was made by a member of Town staff that a member of Council had violated the Town’s Code of Conduct for Members of Council and the Town’s Workplace Harassment Program. The complaint was referred to a lawyer with experience in workplace investigations under the Occupational Health and Safety Act (the “OHSA”).
Under the provisions of the Code of Conduct at the time, the Mayor had the discretion to commence an investigation of any potential breach of the Code of Conduct or to respond to a written complaint. At the time the staff complaint was made, the Town did not have an integrity commissioner.
The Mayor engaged an employment lawyer to investigate the allegations under the OHSA, who in turn retained an investigator to determine the facts. An investigation report was issued on July 7, 2016.
At a meeting with the staff member who had raised the complaint, and in reviewing the results of the workplace investigation with the complainant,
The Mayor advised the staff complainant that Council was planning to appoint an Integrity Commissioner to investigate complaints under the Code and recommend sanctions. The Mayor suggested that after that had taken place, that the complaint should be resubmitted to the integrity commissioner once appointed.
The staff complainant wrote to the Mayor and pointed out the Town was obliged to follow its policies for workplace matters and the provisions of the OHSA. The staff complainant asked the Mayor to follow through on that portion of the complaint."
Integrity Report attached
Staff complainant - former Town Manager Troy Speck
And here we are thousands of dollars later
Update from the Mayor regarding Michael Seguin Judicial Review Process
On September 15, 2016 Michael Seguin filed a Judicial Review in Barrie Ontario, regarding Council’s resolution of September 15, 2016, imposing certain sanctions against him. (Barrie Divisional Court does not hear applications for Judicial Review)
In May of 2017 the Town filed a motion on consent of both parties (the Town and Mr. Seguin) to transfer the Judicial Review to the appropriate Court – the Central West Region of Divisional Court in Brampton. The Town sought dates from the applicant for Cross-examination on the affidavits filed by each party.
The cross examinations are some of the final steps to be completed prior to a date being set for the hearing of the Judicial Review application.
The Town and the applicant agreed to meet in July of 2017, this was postponed by the Applicant until August of 2017.
The applicant cancelled the August 2017 dates for Cross-examination and commenced a leave. In early January of 2018 the Applicant returned from leave and the Town sought dates for re-scheduling the cross-examinations. The applicant supplied potential dates in April and the Town confirmed all dates offered were agreeable.
The applicant has now been served with formal notice of cross-examination on his affidavit for May 8, 2018 in Toronto, Ontario and it is hopeful that cross-examination takes place in May and that the hearing could commence in the fall of 2018.
For More Information Contact:
Mayor John McKean
Mayor, Town of The Blue Mountains
(519) 599-3131 ext. 400
We all know that Mayor McKean consistently reminds Councll to use taxpayers dollars wisely
Kudos to the 4 Councillors who are willing to try
Location: Marsh Street Centre
Location: 15 Harbour Street, Maiolos, Thornbury
Location: Beaver Valley Community Centre, 58 Alfred St. W., Thornbury
Location: Marsh Street Centre
Location: Beaver Valley Community Center, Thornbury/Clarksburg