Brad Clark’s phone call was ‘unprofessional’ and ‘distressing’: Hamilton’s integrity commissioner

An integrity probe has found a Hamilton councillor breached his code of conduct by alleging corruption in the city's building division during a private telephone call later broadcast on YouTube.

The call with a suspended undercover police officer who secretly recorded the conversation last year was unprofessional and distressing," but Coun. Brad Clark shouldn't face sanctions, the integrity commissioner says.

That's because Clark, to his credit," promptly apologized for his remarks and resigned as chair or vice-chair of three committees before asking the commissioner to investigate.

There is no doubt in our view that the councillor has demonstrated genuine remorse for his conduct in making unfounded and baseless allegations of corruption in a casual conversation with a member of the public," Principles Integrity, the firm that acts as the city's commissioner, states in its report released Friday.

Clark's conversation with Paul Manning, an outspoken critic of council and police who has been suspended indefinitely, dealt with the issuance of permits for a home on Newman Road in Dundas in April 2019 that were rescinded three months later.

The permits had been wrongly issued, the city said, blaming the error on the building division's incorrect interpretation of zoning in the rural area off York Road near Highway 6.

In his call with Manning, Clark says the Pleasant View neighbourhood permit fiasco would cost the city at least $1 million but didn't mention the aggrieved property owner by name or specific address.

But such situations were happening all over the freaking city," the Stoney Creek councillor added.

So what's going on in the building department? And how come building permits are being issued when they shouldn't be issued? And who's paying who to get those building permits issued?"

In February, after Clark learned the call had been posted to YouTube, he retracted his remarks, calling them unfounded rumours and inferences."

He also offered public apologies to staff, council and Marco Zwaan, who was already constructing his dream home" at 10 Newman Rd. by the time the permits were revoked.

Jason Thorne, the city's general manager of planning and economic development, accepted Clark's apology and said he had full confidence" in building division staff and appreciates the hard work they do each and every day for the city."

Manning declined to comment on the issue.

In a prepared statement Friday, Clark's lawyer says his client recognizes that his actions were wrong, even if they were taken with the best of intentions."

Clark fielded a tip in late July from a trusted source that suggested wrongdoing may have occurred within the City of Hamilton," said Wade Poziomka, a partner with Ross & McBride LLP.

Troubled by the information and unsure of its accuracy, he reached out to a private constituent who had experience in such investigations."

But he later learned the information was baseless and without foundation," Poziomka added. Councillor Clark is deeply apologetic to anyone who may have been harmed by his actions."

They do not agree with every finding" in the commissioner's report, but Clark accepts the conclusions."

Principles Integrity found Clark breached council's code of conduct by maliciously, falsely, negligently, recklessly, or otherwise improperly, injur[ing] the professional or ethical reputation" of city staff.

The case should be taken as a learning opportunity," the report offers, noting aside from the obvious need to avoid gratuitous criticisms of staff and others, it would be prudent (for councillors) ... to consider with whom they discuss contentious matters ..."

They should also refrain from embarking on their own investigations, but rather refer these as appropriate either to staff within the organization or to other agencies."

In February, Zwaan, the former property owner, said slanderous allegations" were made against him in the phone call.

Zwaan nor the city, which now owns 10 Newman Rd., would share the details of the settlement they reached.

On Friday, he declined to comment on the commissioner's report. Asked about potential legal action, however, Zwaan said it's all in consideration."

Teviah Moro is a Hamilton-based reporter at The Spectator. Reach him via email: tmoro@thespec.com