Following the second of two integrity commissioner complaints against him in eight months, Erin Mayor Lou Maieron has once again been found in violation of council’s code of ethics.
However, in a 3-2 recorded vote, councillors have rejected a resolution to receive the report and confirm the recommendations from integrity commissioner Robert J. Williams, which included suspending the mayor’s remuneration for one month.
Voting against receiving the report and its recommendations on July 22 were Maieron and councillors John Brennan and Josie Wintersinger. Voting in favour were councillors Deborah Callaghan and Barb Tocher.
After a lengthy and protracted discussion, starting off with whether the mayor should even remain as chair during discussion of the report, no alternative was offered by council and Maieron remained in charge during discussion of the integrity commissioner’s report.
Maieron stated he wanted an opportunity to comment on the report.
Councillor Josie Wintersinger suggested the mayor would have had the chance to make comments during his four-hour discussion with the commissioner.
CAO Kathryn Ironmonger said if an item comes up at council, it is up to the mayor to decide whether he should or should not make comments.
“It’s sort of difficult to sanction yourself (chairing the discussion),” Maieron said.
Ironmonger did not believe it was her role to determine whether a member of council is in conflict – that is a decision of the councillor involved.
Maieron claimed that since he spoke on the previous integrity commissioner’s report, he believed it was only fair that he do so again.
He assured council he would attempt to restrain himself during the discussion, though his response to the 30-page document was over 20 minutes long, as he disputed almost every aspect of the report.
Following the commissioner’s report and his own arguments refuting the document, Maieron offered veiled threats that he would launch similar conflict of interest complaints or court cases against the rest of council.
“What’s good for the gander is good for the goose” Maieron told councillors.
In his report Williams found:
– Maieron repeatedly disregarded Erin’s Code of Ethics in relation to handling the matter of the Madison Lake storm water management pond during council deliberations;
– the mayor contravened the code of ethics in relation to his handling of the director of finance legal expense review report at the April 15, 2014 council meeting;
– Maieron breached the code of ethics in relation to the 2014 town budget;
– Maieron breached the Code of Ethics by disclosing confidential information acquired in a closed session of council; and
– Maieron breached Erin’s Code of Ethics by releasing information without regard to the assignment of release authority to town staff under the Municipal Freedom of Information and Protection of Privacy Act.
Williams acknowledged the complaints lodged on June 5 and 18 are also connected to legal actions that are not yet resolved – and both allegations have to do with the communication of information.
In William’s assessment, the first complaint alleges that Maieron used his position on council to participate in decisions and acquire information in a number of ways that could have a bearing on the outcome of his own legal action against the town.
The second complaint alleges that Maieron distributed information that was confidential to assist a resident in a court case that involved another elected official in the town.
Williams believed this allegation to be much more serious since Maieron chose in his sworn affidavit to divulge information about in-camera council business and to include correspondence with a senior town official that had never been shared with council, let alone the public.
“Legislation such as the Municipal Freedom of Information and Protection of Privacy Act and the town’s procedural bylaw and code of ethics were created for legitimate purposes and their provisions are not conditional or optional,” Williams stated.
He added, “disregarding established protocol around the subject matter of in-camera meetings of council to distribute confidential information – whatever the alleged public good being served – is unacceptable.”
Callaghan’s complaint, lodged on June 5, revolves around a lawsuit filed by Maieron in September of 2013 against the Town of Erin, the Credit Valley Conservation Authority and other persons.
Williams stated, “It is a highly unusual situation when a municipality’s head of council is involved in litigation against that municipal corporation.
“It is even more extraordinary to have members of the public initiate discussions with that same corporation on a matter that touches on a policy area that may have implications, albeit in another part of the municipality, for the head of council’s case.”
Williams noted, “One curiosity in this rather remarkable tale is that, despite declaring he had a conflict of interest concerning council’s review of ‘options’ in relation to Madison Lake, Maieron secured [a report regarding] the closed meeting on that topic before he actually made his declaration.
“This appears to be a clear illustration of a barn door closing after the horse has bolted – a barn door that Maieron admittedly opened himself, possibly to his own advantage.”
A June 18 complaint from Callaghan centred around proceedings initiated at the Ontario Court of Justice by Erin resident Mark Adamiak alleging that Callaghan violated the Municipal Conflict of Interest Act.
Callaghan’s June 18 complaint is based on Maieron’s sworn affidavit dated May 12, 2014 in which he said he wanted “to provide missing facts which would not be in Mr. Adamiak’s knowledge.”
In his affidavit, Maieron clearly stated that he was providing this affidavit in his capacity as mayor.
Callaghan stated the mayor disclosed confidential information acquired by virtue of his office by referring in his affidavit to an earlier complaint against Callaghan that was not discussed in open session of council.
Callaghan’s submission claims that Maieron’s actions are a violation of the Code of Ethics because “matters discussed during in-camera sessions are to be kept confidential.”
Williams agreed the language setting out the role of council and the duties of the head of council is vague, but that “does not give the head of council the power to unilaterally override the town’s procedural bylaw or its code of ethics.”
The commissioner added, “Simply asking the mayor to ‘comment’ on the matter is one thing; the mayor independently disclosing information from a closed session of council is entirely different.”
Maieron refutes report
Maieron first said his lawsuit against the town and other parties had nothing to do with a stormwater management pond, but rather a land easement.
He emphatically stated he did “not have a lawsuit” against the Town of Erin but he was trying to recover what he believed he was legally entitled to.
He said all he had done was serve the town notice of a potential lawsuit.
However, in September Maieron launched a $75,000 lawsuit against the Town of Erin, the Credit Valley Conservation authority (CVC) and six other parties.
The statement of claim, filed with the Superior Court on Sept. 23, indicated Maieron sought damages related to a 17-acre property given to him in 2006, four years before he became mayor.
The woodlot was given to Maieron as part of an Ontario Municipal Board (OMB) decision regarding the Erinbrook Estates subdivision near his Erin home and fish farm business.
He added the stormwater ponds are still owned by the developer because the town had not assumed them.
Maieron said the lawsuit involved the developer regarding the deed and unpaid taxes which he feels he was forced into paying to avoid a tax sale.
He also went into a lengthy discussion about the Madison Pond issue and voiced his concerns over how the matter even arrived at the council table.
In respect to the release of information, Maieron contended there is a double standard in Erin. He said letters to the town are opened by staff (as per town policy), so if the resident wants privacy another channel is needed.
Maieron then suggested the only letter from a resident regarding a code of conduct complaint “was buried in closed session.” At that time a lawyer was hired to provide conflict of interest information during an in-camera session.
“When I need advice from a lawyer, I pay for it myself. I don’t put it on the taxpayer’s back,” Maieron said.
He also contended the letter he provided to Adamiak was a public document.
Maieron claimed his lawyer was very upset and the pair were still deciding whether to proceed with a judicial review of what he alleged were breaches of the code of ethics by other councillors.
He said his presentation illustrated numerous code of conduct breaches by council in its handling of matters and that the integrity commissioner could potentially find himself quite busy investigating those.
Speaking to the audience, Maieron said, “I’ve been a good Christian and turned both cheeks, but I have no more cheeks to turn.”
He suggested he would proceed with his own integrity complaints depending on council’s decision on this report.
“… And we’re going to see how much fun the code of conduct is for others,” Maieron said.
The mayor asked for a recorded vote and council defeated a motion to both accept the report and its findings, along with the recommendation to suspend one month of the mayor’s pay.
This is not the first time Maieron’s actions as mayor have been called into question.
In November 2013, integrity commissioner John Craig delivered a scathing report on unrelated matters that found Maieron had repeatedly violated council’s code of ethics.
Williams’ most recent report is online on the town of Erin website as part of the July 22 council agenda.
