DRYDEN — Dryden council has voted against a motion that could hold elected officials accountable to the same standards as municipal employees for violating conduct and harassment policies.
During the council meeting on Monday, Mayor Jack Harrison put forth a motion to support legislation that would improve the province's municipal code of conduct that would see elected officials be held to the same enforcement standard for violating workplace harassment policy.
“I think as a leadership, we have to set the standard. We're actually below the standard of, what I think is really found in the workplace. So, it's a bit of trying to bring us up to at least the standard and show some leadership,” Harrison said trying to rally support.
At the moment, the municipal act has no safeguard for employees to protect themselves against egregious conduct by a sitting elected official. Although a complaint can be investigated by an integrity commissioner, most of the integrity commissioners recommend council reprimand the offender and suspend them for 90 days without pay.
On the other hand, a municipal staff member found guilty of committing the same offence can be subjected to loss of employment and criminal action be placed upon them.
The amendments to the Municipal Act would put in place mechanisms for the removal of an elected official from their seat and bar the elected official from seeking re-election.
So far 182 municipalities have shown their support for having the Association of Ontario Municipalities to advocate on their behalf, however, in a two to three vote, the motion was struck down.
Three councillors — Martin MacKinnon, Michelle Price, and Ritch Noel — voted against supporting the motion, but it was Noel who was the most vocal about his decision.
“I want to be perfectly clear in that there is absolutely no place for bullying, harassment, sexual harassment in the workplace,” Noel said.
“However, until I see a process by which due process will occur. I'm not prepared to support this because what happens in other jurisdictions really isn't my business.”
Noel added that Dryden’s municipal code of conduct already has a mechanism in place to unseat an elected official including conviction under the criminal code.
To be in support of the movement, Noel would need to see a drafted resolution which outlines exactly the revisions to the Municipal Acts Code of Conduct.
Coun. Catherine Kiewning insisted there is no such written document, and it would be up to the Association of Municipalities of Ontario and the province to discuss those judicial changes.
“There are no details right now on the due process because, right now, what we're asking for, there's no legislation and the details will come when we get legislation. The purpose of this has always been to protect municipal staff, counsellors, and board members from all forms of harassment. The harshest punishment for a counsellor, you know, right at this table is the 90 days without pay,” said Kiewning.
“This proposed amendment seeks to hold all municipal councillors to a higher standard by holding them accountable for their actions and creating due process, like actually creating the judicial process for removal if found substantiated by an integrity commissioner. This is, this is what the goal is.”
