Ethics probe blasts Hamilton Coun. Terry Whitehead for ‘unacceptable’ harassment, bullying

Coun. Terry Whitehead stands to lose 45 days of pay after an integrity probe found he harassed staff and a fellow city politician.

This is the second time this term the veteran Mountain councillor has faced sanctions for conduct leading to city integrity commissioner probes.

The latest findings - to be discussed at council Wednesday - focus on Whitehead's interaction with the city clerk and a phone message left with the head of human resources.

Another complaint involved an exchange with Coun. Judi Partridge via a chat function during a council meeting held remotely earlier this year.

In the circumstances of this investigation, the evidence reveals a repeated pattern of unacceptable bullying and harassing behaviour directed at particular staff," reads the report by Principles Integrity, the firm that serves as commissioner.

The evidence discloses that, even in the face of efforts by other members of council to curtail this conduct, the councillor persists in engaging in unacceptable behaviour."

The Ward 14 councillor, who returned to work in early November after an extended sick leave for an undisclosed illness, took issue with the probe in an interview Monday.

They took me when I was in my most vulnerable situation, health wise, and they made it far worse," he said. And they keep piling on."

Certain councillors have created a toxic environment" in their efforts to sanitize debate," said Whitehead, who was first elected in 2003.

In November 2021, the integrity commissioner found Whitehead had bullied and harassed staff, which led to a penalty of 30 days of docked pay.

Moreover, Whitehead - who rejected those findings and has launched a judicial review to challenge them - was barred from communicating with staff junior to the general manager position.

That probe focused on his aggressive barrage of rapid-fire questions" directed at the city's transportation director over an Aberdeen Avenue road diet" during a September 2020 public works meeting.

The latest investigation found Whitehead attended, unannounced" the clerk's office on Nov. 4, 2021 and proceeded to angrily criticize and challenge her role" in filing the complaint over the fall 2020 meeting.

A recording he surreptitiously" made of the encounter makes it quite evident" he intended to strong-arm" the clerk to stop her from placing the commissioner's findings on that week's council agenda, the report asserts.

During the exchange, Whitehead told her, I just want you to understand the consequences of your actions,'" mused he was having fun' because now he is a millionaire' and that he is holding staff accountable for screwing up.'"

Then, on Nov. 5, he left a voice mail with the executive director of human resources, telling her he'd just learned that she was instrumental'" in the complaint about the meeting the previous fall.

Whitehead told her he had to do what he had to do' but that he hoped she understood' and there were no hard feelings.'"

City clerk Andrea Holland and HR head Lora Fontana aren't named in the commissioner's report.

In Monday's interview, Whitehead predicted his legal retaliation would likely would be one of the largest multimillion-dollar lawsuits the city will ever see."

On March 11, the commissioner fielded another complaint that alleged Whitehead had directed disrespectful, bullying and intimidating" conduct toward Partridge during a Feb. 9 meeting.

Quoting Whitehead's chat message, the report noted he warned the Waterdown councillor that throwing mud is not productive and certainly something you might want to rethink on some one that has nothing to lose !!!!!!!'"

Partridge, meanwhile, told the commissioner she is not often intimidated by others" but does feel some anxiety and stress about returning" to in-person meetings at city hall, where her office is across from Whitehead's.

In their report, Jeffrey Abrams and Janice Atwood-Petkovski state they're sympathetic" to his personal issues," but the lack of appreciation of the personal and professional toll his behaviour has taken on others cannot be excused."

Whitehead - who has noted his intention to seek re-election in the Oct. 24 contest but has yet to officially register as a candidate - has displayed increasingly disruptive conduct during public meetings this year.

In late May, for instance, his interruptions, clashes with colleagues and angry rants, seemed to come to a head, with more than one councillor calling out his behaviour.

On Monday, Whitehead didn't provide a detailed response to the commissioner's latest findings, but took jabs at some colleagues and jumped from topic to topic.

I have a life-threatening illness that's being neutralized, but it also was impacting my cognitive skills, right?" he also said. So my memory, my functions."

Mayor Fred Eisenberger told The Spectator council has been sensitive" to Whitehead's health issues, but it has been very challenging and difficult" to manage him.

We have a love-hate relationship ... I respect the fact that he has had many, many good ideas. But he has a difficult way about him, and I don't know that that's changed. I would say that it's probably become more difficult."

If Whitehead still faces well-being challenges," he should consider those issues primarily first before stepping back into the political fray," Eisenberger said.

But that is his choice to make, and then the voters of Ward 14 will also have to make a decision as to whether or not they believe he is going to be serving them in the future."

So far, two candidates have registered to run in Ward 14.

They are Kojo Damptey, the executive director of the Hamilton Centre for Civic Inclusion, and Brian Lewis, a community volunteer with career experience in logistics.

Teviah Moro is a reporter at The Spectator. tmoro@thespec.com