December 7, 2011
Council appoints
external investigator
by Kay McQuade
Head, Clara, Maria townships council voted last Friday to hire The
Delfi Group based in Petawawa to investigate harassment complaints
filed by municipal clerk Melinda Reith against council in early October.
Council agreed on November 18 to hire an “experienced independent
mediator/ investigator” to look into the complaints.
It agreed last week to appoint The Delfi Group after reviewing an
undisclosed number of resumes and proposals solicited by staff.
In a report to council, Reith said that the use of an independent
investigator will “likely” cost the townships “at least a couple of
thousand dollars” in addition to money already spent on the issue with
the municipal solicitor.
“Council must consider staff and council time dedicated to this issue
over the past six months.
“An independent outside source would provide an objective opinion free
from bias and allow council members to deal with any decision and move
on; hopefully eliminating the 'poisoned' and divided culture that
currently exists within this workplace.
“However, unless council is willing to follow the advice that is
provided, there is no point in pursuing this activity further.”
Prior to making the final decision, council also considered a letter
written by Reith addressed directly to the residents of the United
Townships of Head, Clara & Maria through council, dated Saturday,
November 26.
The full text of the letter is available on the township website.
In it she states that “the following are my personal comments and not
those as clerk or employee.”
“I find myself in a dilemma but want to make my personal position known.
“I am an employee. I am a supervisor/manager. I am a complainant in
numerous harassment complaints. I am a human being.”
She feels that “as clerk and employee, I must ensure that council
follows its internal policies and legislation.”
She says she doesn’t want to see the townships “spend any money
pursuing harassment complaints made by me” and that she is “personally
disappointed with the events that have occurred recently.”
Her goal in filing the harassment complaints has been “to have council
admit that the behaviour constitutes harassment as per the municipal
policy and to take steps to have the behaviour of the reeve and certain
members of the community stop - period.”
“I don't want anything other than to be left to do my job to the best
of my ability. I certainly do not want council to have to spend tax
payer's (sic) money for that to happen.”
The municipal policy defines harassment as “engaging in a course of
vexatious comment or conduct against a worker in a workplace that is
known or ought reasonably to be known to be unwelcome.”
“I am not sure what I have done to warrant this targeted harassment by
the reeve and by certain members of the public” and feels she “has been
nothing but honest, open and transparent in all my dealings with
everyone.”
Reith questions “Will council be willing to impose any penalties as
suggested by the investigator should the complaints be verified?”
“If not, please don’t bother wasting the ratepayer’s money?”
Councillor Dave Foote said he is not sure what the real problem is with
the clerk.
Some people are not happy with the clerk but “no one is willing to come
forward and make a formal complaint.”
He likened the situation to “a cold war.”
He raised the question “will council follow the investigator’s
recommendations?”
Councillor Jim Gibson said hiring an outsider has a lot of merit but
“if council can’t agree to abide by their recommendations then it’s a
waste of money.”
He went on to say we “don’t know the costs but it will be money well
spent if a solution is found.”
Gibson queried “is there another way to solve this?”
He raised the possibility of “a general election if two more
councillors resign to clear the air.”
In that case, he said, the province would assume control of the
municipality in the interim and he “doesn’t have the confidence that
the province will do the best for the municipality.”
Reith informed him that under the Municipal Act she would not be able
to accept the resignation of the councillor that negates the quorum.
Reith also informed council that she had consulted a solicitor in
Ottawa and feels she would win a lawsuit.
Reith offered to withdraw her harassment complaints if council agreed
to request a judicial review where the decision of the judge is final.
She questioned whether council would follow through on the
investigator’s recommendations after the money is spent.
Councillor Ed Aiston said the aim of hiring an investigator/mediator
“is not to punish people but to stop the harassment.”
He hopes “for a resolution and not simply to assign blame.”
Aiston said he “prefers to go forward with the investigator” but
reiterated “I won’t be around to be involved.”
In the matter of a judicial review Aiston felt “we need advice from a
solicitor because of costs involved.”
“We can’t simply call up a judge a request an inquiry.”
He stated a judicial review “is not a wise thing to enter into without
facts; it is not our money we are spending.”
Reeve Tammy Stewart agreed with Aiston, saying, “I want to move on this
- let’s go ahead with an investigator.”
Councillor Bob Reid concurred, saying, “council needs to start to do
council work.”
Foote stated he is “not keen on going with something that’s not
binding.”
Stewart countered “we all agreed to mediation. We are going in circles.”
Gibson clarified “everyone then is in agreement to abide by the
recommendations of the mediator.”
Council concurred.
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