A municipal closed meeting investigator has taken Wellington North council to task for four secret meetings it held in 2012 without following proper procedures under the Municipal Act.
Norm Gamble presented to council on Monday evening a report on his investigation, which was initiated by the Advertiser after allegations surfaced of secret meetings held by council in January, March and June 2012.
Gamble found the meetings were held with all members of council in attendance, as well as an outside consultant. That individual was Matthew Simon, of Simon and Associates, the firm hired by the township in early 2012 to review senior staff.
The first meeting was held at the Arthur sewage treatment plant and the other three at Mayor Ray Tout’s home.
“These meetings were not held pursuant to the Ontario Municipal Act,” Gamble concluded.
He noted all members of council were in attendance at the meetings, which violated the act because: there was no public notice of the meeting, no clerk or recording secretary present, no agenda or minutes recorded, and the process to move from an open meeting to a closed meeting was not followed.
“While no recorded votes were taken, there was direction given to an agent as well as a consensus of the members present for directions council would take in the future,” Gamble said in his report.
“No report of the meeting was given at a subsequent meeting.”
Gamble, who as part of the investigation spoke with Tout and former CAO Lori Heinbuch, said he was told council held the secret meetings on the advice of the consultant.
However, Gamble pointed out in his report that all councillors have received training on holding meetings and should have known proper procedures.
“Accepting the advice of a ‘consultant’ that council could meet as it did on those four occasions is a weak excuse at best,” Gamble stated.
“The investigator is surprised that any one of the council or the staff did not raise the flag at some point to question what was happening.”
Gamble continued, “All members of council had received training (on Municipal Act procedures) and should have recalled that training at some point.
“While the CAO/Clerk was not invited to attend or participate in the meetings, she was aware of at least the first meeting, but made no effort to question them or caution them in their meeting process. The mayor and CAO also contend that it is difficult for a meeting to be called without staff in attendance as this raises alarm bells as to the council/staff relationship.
“While this may be delicate, it can easily be overcome by council having a process of meeting ‘legitimately’ without staff in attendance at least annually,” the investigator suggested.
“This develops a routine which eases the anxiety of staff and the uncomfortable feeling of council. Naturally due process needs to be followed, including the appointment of a recording secretary during that portion of the session.”
In a telephone interview on Tuesday, Tout said the meetings were held to discuss senior staff and resulted in a review of staff that led to the eventual firing of treasurer John Jeffery (although the township initially announced Jeffery had retired) and also to the eventual termination of Heinbuch.
Tout said because of the discussions at the meetings, it was impossible to have senior staff present.
“We had to get together. We needed help and guidance to find out where we could go,” the mayor said of the meetings with the consultant. “You can’t ask your treasurer or CAO to be there.”
A source told the Advertiser the firing of the treasurer led to the township having to pay $50,000 to settle a $100,000 wrongful dismissal suit launched by Jeffery’s lawyer. Tout confirmed on Tuesday that figure was accurate.
Simon and Associates was paid $8,500 for the advice provided in his staff review.
The source told the Advertiser that township efforts to cut the consultant fee after Jeffery launched the wrongful dismissal lawsuit were abandoned because council received legal advice indicating the move would be difficult because of the secret meetings.
Challenging Jeffery’s lawsuit was also abandoned for the same reason, the source added.
Tout said the $58,500 to settle the lawsuit and pay the consultant was, “the cost of doing that process.”
He said the efforts were the result of “a personal investigation” of how the township office and township business were run. He added the steps taken by council have resulted in a better working relationship amongst staff.
“I think you’re going to notice a difference in the office,” he said.
“They need leadership, they need morale, they need guidance and you’ve got to be out there to help them,” he said of his priority as mayor. “The longer you sit back and do nothing the worse it gets.”
Gamble also recommended council review the township’s procedural bylaw to:
– look at how closed session minutes are taken, approved, filed and/or reviewed for release;
– investigate how verbal and/or written reports are publicly made following the conclusion of a closed session and resumption to an open session;
– review the process for senior staff performance appraisals, including council involvement.
A copy of Gamble’s report, which is expected to cost the township about $800, can be found at wellington-north.com.
