November 9, 2011
Townships to seek
mediation
by Kay McQuade
The townships of Head, Clara, Maria are looking for outside help, but
want to know the cost first.
Following another lengthy closed session, HCM council voted unanimously
last week to “investigate the costs of having the complaints referred
to an experienced independent mediator/investigator for proper
consideration.”
The complaints in question are harassment complaints filed by township
clerk Melinda Reith against council, the reeve and ratepayer Clayton
McKechnie, detailed in last week’s NRT.
In explaining council’s position to the 15 ratepayers in attendance,
Councillor Ed Aiston said they had decided it was “wise to proceed but
unwise to proceed without knowing the costs involved.”
He noted that the “mediator will be chosen by council and will look at
the complaints levelled against the council and the reeve.”
Councillor Dave Foote said “this is a compromise that will pass a vote.”
Councillor Jim Gibson noted that the “municipality is an employer and
has to protect employees and if the municipality doesn’t do those
things, it can be charged under the Ontario Labour Relations Act.”
“We have to follow the rules.”
In a report to council, Reith had recommended that the issue of her
harassment complaints should be referred to “outside independent
investigation.”
In a draft resolution presented for council's approval, Reith noted
that council received the harassment complaints and reports on October
21, “but considered no other information, even going so far as to state
that consulting the municipal solicitor was going to cost the
municipality money (and) dismissing that option prior to making their
decisions.”
The resolution also noted that members of council told the clerk to
“let council deal with it.”
“These actions constitute a failure on the part of the council of the
United Townships of Head, Clara & Maria to follow its own
(harassment) policy,” the resolution said.
According to Reith's report, the budget impact of hiring an outside
investigator “could be considerable.”
Disciplinary measures
Council was also faced with a resolution seeking “disciplinary
measures” against Reeve Tammy-Lea Stewart for actions dating back to
the spring, during the controversy over the failure of Councillors
Gibson and Aiston to file election expense reports.
The draft resolution prepared by the clerk says that municipal
solicitor Bill Instance verified that, during the controversy, the
reeve “ordered Ms. Reith to refrain from talking with anyone...” and
that, “on one or two occasions,” the reeve asked a question of deputy
clerk Ruth Morin “in a situation where Ms. Reith was more likely to
have the answers.”
Instance also noted that Stewart “personally contacted” both himself as
municipal solicitor and Ministry of Municipal Affairs advisor Stephen
Seller.
“Such behaviour would seem to undermine Ms. Reith's position as clerk,”
the draft resolution quotes Instance.
“One councillor indicated that Ms. Stewart constantly second guessed
Ms. Reith's opinions, and a second councillor stated that Ms. Stewart
generally ignored Ms. Reith's advice during council meetings, no matter
how strenuously the advice was put forth by Ms. Reith.”
The draft resolution says that Instance's comments show that the reeve
engaged in a “course of actions and/or comment” that were “vexatious”
and “unwelcome” to the clerk, where “vexatious” is defined as “causing
or tending to cause annoyance, frustration, or worry.”
Therefore, the draft resolution says, council should conclude that
Reeve Stewart “was indeed guilty of taking actions and/or making
comments that caused annoyance, frustration and/or worry to the clerk
and were undisputedly unwelcome,” contrary to the townships' Municipal
Policy on Harassment and Workplace Violence.
The draft resolution suggested “disciplinary measures” including “one
or more of the following:
- discipline, such as a verbal warning, written warning or suspension
without pay;
- referral for counselling (sensitivity training), anger management
training, supervisory skills training or attendance at educational
programs on workplace respect;
- financial penalties, such as the denial of a bonus or
performance-related salary increase;
- any other disciplinary action deemed appropriate under the
circumstances.”
Citing a conflict of interest, Reeve Stewart did not participate in the
closed session discussion of the resolution.
Stewart also removed herself from the council table when the decision
was read and Gibson assumed the chair.
Council voted to defer the resolution to allow “more time for research
and to gain information and advice on how to proceed.”
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