Niagara municipal councillors ‘gone wild’ could lose seats under proposed changes

Pelham Coun. Diana Huson plans to bring a motion Thursday that would remove regional councillors from their seats if they egregiously" violated workplace harassment and violence policies.

The province would have to amend the Municipal Act before the change would come into effect; however, in passing the motion, regional council would join a growing number of Ontario municipalities, including St. Catharines, pushing Queen's Park to move on a former private member's bill, the Stopping Harassment and Abuse by Local Leaders Act.

Huson's motion, and the act, would also bar offenders from running in the next election to fill the seat.

If someone sexually harasses an employee in the workplace, they can be fired, but not if it's an elected official, which doesn't make any sense to me," Huson said. The idea here is about fairness and equality regarding who is accountable to rules that every workplace is required to have.

It is about creating an environment where you feel safe going to work, which everyone should have."

The Region has an integrity commissioner who investigates complaints against councillors for violating council's code of conduct, but the most severe penalty is 90 days without pay. The commissioner can also recommend sanctions such as loss of committee seats and request an apology.

Huson's motion would require the integrity commissioner to seek a judicial review of the recommendation to vacate the seat to make sure it is in order.

There's been a lot of attention brought to the fact that there isn't a mechanism to remove a councillor acting poorly - and that's probably a very diplomatic way of saying it," Huson said. There's been a number of these incidents across Ontario."

• In 2022, Ottawa's integrity commissioner recommended sanctions and pay suspensions for Coun. Rick Chiarelli after multiple incidents of sexual harassment and bullying of young female staff members working in his office.

According to the integrity commissioner - who found the complainants credible, honest and open - Chiarelli encouraged one to wear revealing clothing and asked her whether she was willing to go braless.

In another incident investigated by the integrity commissioner, Chiarelli asked another complainant if she was willing to go braless at nightclubs to recruit young men for his campaign while a third complainant said he asked her if she would consider stripping and said, You have the body for it."

• In Brampton, a woman filed a lawsuit against the city and Coun. Gurpreet Dhillon in 2020, accusing him of assaulting her in a hotel room in Turkey while they were on an economic development mission.

The lawsuit's statement of claim said the woman had a cellphone recording of her saying no" 74 times while he allegedly forcibly confined and sexually brutalized her after manipulating the situation to get himself alone with the plaintiff."

Dhillon denied the allegations. The Brampton Guardian reported the lawsuit was settled out of court for an undisclosed amount and a nondisclosure agreement.

• In 2022, a City of Barrie employee filed a lawsuit accusing Coun. Mike McCann of harassment, battery and sexual assault in three separate episodes in 2019. McCann's statement of defence denied the allegations. None of the allegations have been proven in court.

The final incident occurred at an after-party for a work-related Christmas function at a downtown Barrie pub, according to the statement of claim.

The woman's colleagues stepped in and tried to redirect McCann toward discussions about work, but he became increasingly agitated before stomping off, according to the statement of claim.

The city, for its part, responded to the employee's complaint with a third-party investigation by external legal and human resources firms.

The investigation resulted in McCann being ordered to take workplace harassment and violence training and a direction that he only deal with city employees through the appropriate manager.

McCann then ran for mayor, finishing fourth.

Huson said it's clear elected officials should be subject to the same rules as employees.

Councillors should be accountable to those policies by virtue of their position," Huson said. It's a fair and reasonable expectation in dealing with some of these situations that an employee would lose their job. If you're a councillor, you should be subject to the same penalties."

Bill Sawchuk is a St. Catharines-based reporter with the Standard. Reach him via email: william.sawchuk@niagaradailies.com