Whitehead scenario makes a case for recall legislation, says political scientist

A Hamilton councillor facing sanctions after ethics probes found he bullied city officials is sparking calls for recall legislation to turf local politicians from office.

Coun. Terry Whitehead is to be docked 45 days of pay after a damning integrity commissioner probe concluded he harassed two staffers and a fellow city politician.

This is the second time this term the commissioner has penalized the veteran west Mountain councillor after findings of aggressive conduct toward staff, which he has rejected.

He really is the poster child for a collapse of political decorum," said Chris Erl, a political scientist with Toronto Metropolitan University who lives in Hamilton.

The Whitehead scenario - which has at least one local official, Coun. Judi Partridge, expressing concern about attending city hall - also makes the case for recall legislation, Erl says.

Alberta, for instance, recently passed law that enables a recall vote to remove an MLA, municipal politician or school trustee if 40 per cent of a particular constituency sign a petition.

Such a law in Ontario would allow voters to step in when a politician is acting poorly, but hasn't necessarily gotten to the point where they're breaking the law," noted Erl, who has a PhD in political geography from McGill.

Whitehead, who has held office since 2003, faces the ethics sanctions after a lengthy sick leave last year for what he has described as an incurable problem" that affected his cognitive skills.

Since his limited return to public meetings, he has disputed procedure, interrupted his colleagues and launched into angry, sometimes confusing, rants.

Earlier this week, Mayor Fred Eisenberger said if Whitehead still faces well-being challenges," he should consider those issues primarily first before stepping back into the political fray."

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

Whitehead, meanwhile, denies he ever bullied or harassed anyone.

I attack issues, but I will hold people accountable. That's my job," he said this week.

Moreover, Whitehead has said he'll seek re-election in the Oct. 24 municipal vote but most recently told council he plans to return to sick leave due to his deteriorating health.

So far, two candidates - Kojo Damptey and Brian Lewis - have officially entered the Ward 14 race, but the incumbent hasn't registered.

A failed run would certainly solve the problem," noted Andrew Sancton, a political scientist at Western in London, Ont.

City politicians can be jailed or barred from running due to elections-related violations and have their seats vacated for breaking conflict-of-interest rules. But apart from death and incarceration, the Municipal Act doesn't allow for removal from office.

It raises the question of whether integrity commissioners - which municipalities are required to have in Ontario - should have the ability to recommend outright removal, Sancton said.

This case in Hamilton might cause people to think more about that."

But Sancton said he's not enthusiastic" about recall legislation.

My fear would be a well-organized minority with special concerns about hot-button issues could organize a petition and force a recall."

Under the Municipal Act, members of council can only miss three successive months of council meetings before their seats are declared vacant. But in Whitehead's case, council agreed to extend his sick leave more than once.

Not doing so, could have sparked a legal challenge, Erl suggests.

Potentially, and I don't think that's something they really wanted to get into."

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