Hamilton council wants ‘safety plan’ for Terry Whitehead — who announced he’s taking another sick leave

Hamilton councillors have stopped short of immediately banning colleague Terry Whitehead from city hall but want a safety plan" to ensure a harassment-free workplace.

That's in addition to Whitehead losing 45 days of pay after an ethics probe found the Ward 14 councillor - who plans to go on sick leave - harassed two staff members and a fellow elected official.

Nobody should have to feel that way," Coun. Judi Partridge said Wednesday. This is coming from someone who is not easily intimidated."

But Partridge said her concern about attending her city hall office - which is across from Whitehead's - is very real."

Whitehead, meanwhile, said he's taking another sick leave with his health deteriorating since he returned to work in November following an extended absence.

So, I will be going off because of my health, regrettably," he said, dialling in by phone to the hybrid" in-person/virtual meeting.

During a Feb. 9 meeting, Whitehead directed disrespectful, bullying and intimidating" conduct toward Partridge, the city's integrity commissioner found.

Quoting Whitehead's chat message, the commissioner's 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 !!!!!!!"

On Wednesday, appearing via video from her home, Partridge said she didn't want a confrontation" but must also be in her office to deal with a raft of issues as the council term draws to a close.

But I will be damned if I am going to have to change my behaviour and ensure that I have staff there."

The commissioner's probe also dealt with an interaction Whitehead had with city clerk Andrea Holland and a phone message he left with Lora Fontana, head of human resources, shortly after he returned from extended sick leave.

The investigation found he attended, unannounced" the clerk's office on Nov. 4, 2021, and proceeded to angrily criticize and challenge her role" in filing an earlier complaint that he bullied staff during a fall 2020 public works meeting.

A recording he surreptitiously" made of the exchange - and provided to the probe - makes it quite evident" he intended to strong-arm" the clerk into not placing the findings on that week's council agenda, the report asserts.

Then, on Nov. 5, he left a voicemail 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."

The probe into the September 2020 public works meeting focused on his aggressive barrage of rapid-fire questions" directed at the city's transportation director, Edward Soldo, and resulted in 30 days of docked pay.

Whitehead - who has launched a judicial review to contest the sanctions - was also relegated to only communicating with the city manager and general managers for the remainder of the term.

On Wednesday, councillors asked if they could bar Whitehead from city hall to bolster security, pointing to their code of conduct as well as provincial workplace health-and-safety obligations.

It's not up to targeted councillors or staff to adjust their behaviour" or work from home, Coun. Maureen Wilson said, noting bullying and harassment can leave people in a constant state of fear and apprehension."

It's within council's purview" to impose additional remedial measures" beyond the monetary penalty, said Janice Atwood-Petkovski, co-partner in Principles Integrity, which acts as the city's commissioner.

Mayors facing harassment allegations have been banned from municipal property in the past, including in Sarnia and Whitchurch-Stouffville, she noted. In the latter case, the ban was successfully challenged in court.

But council could probably" prevent a colleague from attending city hall other than for necessary business," which in an era of virtual meetings during the pandemic, is more feasible, Atwood-Petkovski suggested.

Whitehead argued the commissioner's findings made no acknowledgement" of a lengthy medical report and other mitigating circumstances."

He also contended he and his legal counsel had no chance to respond, a stance that Atwood-Petkovski rejected.

Whitehead also called a potential ban from city hall premature" given that he would again go on leave and wouldn't be in the building.

Mayor Fred Eisenberger said he'd much prefer" for staff to explore ways and means" to ensure workplace safety.

Coun. Brad Clark warned restricting Whitehead's access to the building could put the city in a legal quagmire" and suggested relegating him to email communication.

Fontana said human resources would prepare a safety plan" for approval in August or September, but noted some immediate measures" could be taken.

In the meantime, Eisenberger suggested, staff and councillors could be advised when Whitehead attends city hall.

Whitehead, who was first elected in 2003, hasn't detailed the nature of his condition but described it Wednesday as a basically incurable" infection. I was losing my cognitive skills."

He has marked his limited return to public meetings with frequent interruptions, angry rants and clashes with fellow councillors.

In interviews, Whitehead has argued some councillors have created a toxic environment" in their efforts to sanitize debate" and noted his intention to seek re-election in the Oct. 24 municipal contest.

On Monday, he said his legal retaliation would likely be one of the largest multimillion-dollar lawsuits the city will ever see."

Eisenberger said he has advised staff for several months to document the councillor's legal threats and take precautionary actions."

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