Special Council

Meeting #:
Date:	Wednesday, February 09, 2022
Time:	9:00 A.m. - 10:00 A.m.
Location:	Online Video Conference

Members

• Mayor Bonnie Crombie
• Councillor Stephen Dasko, Ward 1
• Councillor Pat Mullin, Ward 2
• Councillor Chris Fonseca, Ward 3
• Councillor John Kovac, Ward 4
• Councillor Carolyn Parrish, Ward 5
• Councillor Ron Starr , Ward 6
• Councillor Dipika Damerla, Ward 7
• Councillor Matt Mahoney, Ward 8
• Councillor Pat Saito, Ward 9
• Councillor Sue McFadden, Ward 10
• Councillor George Carlson, Ward 11

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1.

CALL TO ORDER

9:03AM

 

 

2.

INDIGENOUS LAND STATEMENT

Mayor Crombie recited the Indigenous Land Statement

3.

APPROVAL OF AGENDA

Verbal Motion
Moved By: Councillor M. Mahoney

That the February 9, 2022 Council Agenda be approved as presented 

4.

DECLARATION OF CONFLICT OF INTEREST

Nil

5.

MINUTES OF PREVIOUS COUNCIL MEETING - Nil

6.

CLOSED SESSION

(Pursuant to Subsection 239 (2) of the Municipal Act, 2001)

Prior to going into Closed Session, Mayor Crombie noted that Council takes bullying and harassment allegations very serious and must be addressed.  Mayor Crombie further spoke to the governance of Members of Council and explained the complaint and investigation process.

Council moved into closed session at 9:12 AM

• RESOLUTION

6.1

Advice that is subject to solicitor-client privilege, including communications necessary for that purpose - Legal advice concerning the Council Code of Conduct and residual jurisdiction to 

investigate Code complaints following the resolution of related criminal proceedings

Andra Maxwell, City Solicitor, spoke to the subject matter.

Staff responded to questions from Members of Council regarding the subject matter.

The following Resolution was voted on during public session.

• RESOLUTION 0028-2022
  Moved By Councillor M. Mahoney
  Seconded By Councillor D. Damerla

  That the report from the City Solicitor titled “Legal advice concerning the Council Code of Conduct and the residual jurisdiction to investigate Code complaints following the resolution of related criminal proceedings,” dated February 4, 2022, be received for information.

  YES (10)	Mayor Crombie, Councillor S. Dasko, Councillor C. Fonseca, Councillor J. Kovac , Councillor C. Parrish, Councillor D. Damerla, Councillor M. Mahoney, Councillor P. Saito, Councillor G. Carlson , and Councillor P. Mullin
  ABSENT (2)	Councillor R. Starr, and Councillor S. McFadden

  Carried (10 to 0)

6.2

Advice that is subject to solicitor-client privilege, including communications necessary for that purpose Legal advice concerning s.223.3 of the Municipal Act, 2001 and Integrity Commissioner Appointments

Andra Maxwell, City Solicitor, spoke to the subject matter.

Staff responded to questions from Members of Council regarding the subject matter.

The following Resolution was voted on during public session.

Council moved out of closed session at 11:13 AM

• RESOLUTION 0029-2022
  Moved By Councillor P. Mullin
  Seconded By Councillor J. Kovac

  That the report of the City Solicitor titled “Legal advice concerning s.223.3 of the Municipal Act, 2001 and Integrity Commissioner Appointments” dated February 6, 2022 be received for information.

  YES (10)	Mayor Crombie, Councillor S. Dasko, Councillor C. Fonseca, Councillor J. Kovac , Councillor C. Parrish, Councillor D. Damerla, Councillor M. Mahoney, Councillor P. Saito, Councillor G. Carlson , and Councillor P. Mullin
  ABSENT (2)	Councillor R. Starr, and Councillor S. McFadden

  Carried (10 to 0)

7.

PRESENTATIONS - Nil

8.

DEPUTATIONS

8.1

Robert J. Swayze, Integrity Commissioner, to explain the rationale for not investigating former Councillor Ras’ complaint and to explain how Sections 2(2)(a) and 2(2)(c) of the Council Code of Conduct Complaint Protocol applies to this situation

As per Council Resolution 0026-2022.

Robert J. Swayze, Integrity Commissioner, apologized for putting Council in this position and advised that subsequent to consultation with Aird & Berlis LLP, he is confident that he can commence an investigation in this matter based on the current Council Code of Conduct and expects to have a public report to Council shortly.

Councillor Saito spoke with respect to recommendations to amend the Council Code of Conduct Complaint Protocol.  Councillor Saito noted one of the recommendations includes amending the reporting of issues to Council from annually to quarterly.

Mr. Swayze advised that he is in support of changing reporting of issues to quarterly; however, he has not seen the document which contains the proposed amendments and would like the opportunity to review it.

Mayor Crombie requested staff send Mr. Swayze a copy of the Motion for his review and comments.

Councillor Damerla emphasized that Mr. Swayze's opening statement noted that the current Council Code of Conduct does provide provisions that would have allowed an investigation to have been commenced and the proposed amendments to the Council Code of Conduct are to provide clarity.

In response to Councillor Mahoney's inquiry on whether retaining legal counsel who specializes in respectful workplace investigations would be a benefit, Mr. Swayze advised that at this time it is not necessary; however, he would reach out to Aird & Berlis LLP if required.

In response to Councillor Dasko's inquiry with respect to when Council can expect a public report, Mr. Swayze advised that he anticipates to report back within weeks.

In response to Councillor Saito's inquiry with respect to whether Mr. Swayze has reviewed the proposed amendments to the Council Code of Conduct as outlined in the Motion listed on the agenda and whether he has any amendments or comments, Mr. Swayze advised that he has reviewed the Motion and approves of the recommended amendments.

In response to Councillor Parrish's inquiry regarding whether the individuals involved would be provided a copy of the report prior to reporting back to Council, Mr. Swayze advised that the individuals involved would be provided the report and time to respond prior to the report to Council.

Verbal Motion
Moved By: Councillor C. Parrish

8.2

Sinthu Maria Antony, Resident with respect to City of Mississauga's Council conduct regarding Karen Ras' allegations of harassment and vandalism

The deputant was not available.  

9.

PUBLIC QUESTION PERIOD - 15 Minute Limit

Deborah Goss, President, Lakeview Ratepayers Association inquired whether Council would enforce consequences and penalties for abuse of the Council Code of Conduct and will it be transparent to the public; and would Council be receptive to a review from the Ontario Ombudsman with respect to resident concerns of Members of Council's bullying and manipulation.

• Andra Maxwell, City Solicitor, noted that Mr. Swayze advised that his report would be made public and that Council would consider and make determinations based on the recommendations before them.
• Mayor Crombie advised that Council will proceed with full transparency and will consider all recommendations to address inactions, improvements and accountability following the results of the investigation. She further noted that going through an Ombudsman review for this particular situation would not be a timely process.
• Councillor Mahoney commented on the professional and respectful behaviour of his fellow Councillors and noted that he would be supportive of additional measures if it were necessary.
• Councillor Saito noted that any members of the public that have any concerns of bullying or harassment from Members of Council should come forward to have them investigated.
• Councillor Dasko emphasized the importance of transparency and timely reporting throughout this process.

Chris Mackie, Resident, inquired whether the Integrity Commissioner will be directed to undertake an investigation into the complaint filed by former Councillor Ras; If so, should there be a deadline on his report to Council so that any recommendations might be considered and implemented prior to the 2022 municipal election.

• Mayor Crombie noted that the Integrity Commissioner has begun his investigation and reported that he would have a report to Council in weeks.

Sinthu Maria Anthony inquired why the Integrity Commissioner did not commence the investigation when first reported.

• Andra Maxwell, City Solicitor noted that Mr. Swayze had earlier advised that he felt uncertain of his jurisdiction to do so and that he feels confident now to proceed with the investigation.

10.

MATTERS PERTAINING TO COVID-19 - Nil

11.

CONSENT AGENDA

The following items were approved on the consent agenda:

12.

INTRODUCTION AND CONSIDERATION OF CORPORATE REPORTS - Nil

13.

PRESENTATION OF COMMITTEE REPORTS - Nil

14.

UNFINISHED BUSINESS - Nil

15.

PETITIONS - Nil

16.

CORRESPONDENCE 

16.1

Information Items

16.1.1

Letter dated February 7, 2022 from the Applewood Acres Homeowners Association with respect to Former Councillor, Karen Ras' Resignation and Harassment at Council

Verbal Motion
Moved By: Councillor S. Dasko

16.1.2

Letter dated February 4, 2022 from Mississauga Residents' Association Network (MIRANET) with Statements in the News by Former Councillor Karen Ras concerning workplace harassment

Verbal Motion
Moved By Councillor P. Mullin

16.1.3

Letter dated February 4, 2022 from the Mississauga Firefighters Association Local 1212 to Councillor Ron Starr with respect to his role in reports of vandalism of property and harassment of former Councillor Karen Ras

Verbal Motion
Moved By Councillor M. Mahoney

17.

NOTICE OF MOTION

17.1

A Motion to amend the Council Code of Conduct Complaint Protocol (Councillor P. Saito)

Mayor Crombie passed the Chair Role to Councillor Kovac in order to speak to the Council Code of Conduct Complaint Protocol Motion.

Councillor Saito spoke to the Motion and noted that the minor amendment to the wording was necessary to provide clarity and that there be an amendment to the reporting of issues on a quarterly basis rather than yearly.

Mayor Crombie spoke to the Motion, noting that the amendments provide greater strength and clarity to the wording of the Council Code of Conduct.

• RESOLUTION 0030-2022
  Moved By Councillor P. Saito
  Seconded By Mayor Crombie

  WHEREAS Council has adopted a Council Code of Conduct (the “Code”) pursuant to s.223.2 of the Municipal Act, 2001 (the “Act”);
  
  

  AND WHEREAS the Code makes members of Council subject to the City of Mississauga’s Respectful Workplace Policy 01-03-04 (the “Policy”);
  
  

  AND WHEREAS Council has appointed an Integrity Commissioner pursuant to s.223.3 of the Act to be responsible for the application of the Code and City of Mississauga policies governing the ethical behaviour of members of Council, and for conducting inquiries into alleged violations of the Code;
  
  

  AND WHEREAS the Code does not currently require the Integrity Commissioner to report to Council that they have received a complaint that they deem not to be within their jurisdiction, other than as part of their annual report;
  
  

  AND WHEREAS actions that violate the Code and/or the Policy may also contravene other legislation or codes, including the Criminal Code of Canada or the Ontario Human Rights Code;
  
  

  AND WHEREAS the Code includes rules against harassment, abuse, bullying, intimidation, threats and coercion and Council intended complaints involving such actions or behaviours to be investigated as potential Code violations notwithstanding that such actions may also contravene the Criminal Code;
  
  

  AND WHEREAS s. 223.8 of the Act provides that, where there are reasonable grounds to believe there has been a contravention of the Criminal Code the Integrity Commissioner shall refer the matter to the appropriate authorities and “suspend the inquiry until any resulting police investigation and charge have been finally disposed of”;
  
  

  AND despite the Act authorizing an Integrity Commissioner to resume an inquiry into an alleged Code violation once any related criminal proceedings have been concluded, and despite the Code containing no prohibition against the Integrity Commissioner resuming an inquiry in such circumstances, Council wishes there be no doubt that it intends and expects such allegations to be investigated;
  
  
  
  

  THEREFORE BE IT RESOLVED
  
  

  1. That the following paragraph be added to Part B of the Council Code of Conduct Complaint Protocol as subsection 2(2)(e):

   

  “If the complaint is in relation to a matter which is subject to an outstanding complaint, investigation or charge under other legislation, including matters falling under the Criminal Code of Canada or the Ontario Human Rights Code, the Integrity Commissioner may, with notice to Council and in accordance with s.223.8 of the Municipal Act, 2001, suspend any investigation under this Code of Conduct until the disposition of the other process, after which they shall resume their inquiry and report to Council.”
  
  

  2. That Part B of the Council Code of Conduct Complaint Protocol be amended to require the Integrity Commissioner to make quarterly reports to Council regarding any complaints they have deemed to not fall within their jurisdiction by deleting the word “annually” in subsection 2(4) and replacing it with the word “quarterly”;
     
     
  3. That the following housekeeping amendments be made to Part B of the Council Code of Conduct Complaint Protocol:
     1. The reference to “subsection (3)” contained in subsection 2(1) be removed and replaced with the words “subsection (2)”; and
     2. The phrase “If the complaint seems to fall under another policy” be added to the beginning of paragraph 2(2)(c).

  YES (10)	Mayor Crombie, Councillor S. Dasko, Councillor C. Fonseca, Councillor J. Kovac , Councillor C. Parrish, Councillor D. Damerla, Councillor M. Mahoney, Councillor P. Saito, Councillor G. Carlson , and Councillor P. Mullin
  ABSENT (2)	Councillor R. Starr, and Councillor S. McFadden

  Carried (10 to 0)

18.

MOTIONS 

18.1

To close to the public a portion of the Special Council meeting to be held on February 9, 2022 to deal with various matters (See Item 6 Closed Session)

• RESOLUTION 0027-2022
  Moved By Councillor S. Dasko
  Seconded By Councillor M. Mahoney

  WHEREAS the Municipal Act, 2001, as amended (the "Act"), requires Council to pass a resolution prior to closing part of a meeting to the public;

  AND WHEREAS the Act requires that the resolution states the act of the holding of the closed meeting and the general nature of the matter to be considered at the closed meeting;

  NOW THEREFORE be it resolved that a portion of the Council meeting held on February 9, 2022 shall be closed to the public to deal with the following matters:

  • Pursuant to the Municipal Act, Section 239 (2):

  1. Advice that is subject to solicitor-client privilege, including communications necessary for that purpose - Legal advice concerning the Council Code of Conduct and residual jurisdiction to investigate Code complaints following the resolution of related criminal proceedings
     
     
  2. Advice that is subject to solicitor-client privilege, including communications necessary for that purpose Legal advice concerning s.223.3 of the Municipal Act, 2001 and Integrity Commissioner Appointments

  YES (11)	Mayor Crombie, Councillor S. Dasko, Councillor C. Fonseca, Councillor J. Kovac , Councillor C. Parrish, Councillor D. Damerla, Councillor M. Mahoney, Councillor P. Saito, Councillor S. McFadden, Councillor G. Carlson , and Councillor P. Mullin
  ABSENT (1)	Councillor R. Starr

  Carried (11 to 0)

19.

INTRODUCTION AND CONSIDERATION OF BY-LAWS - Nil

20.

MATTERS PERTAINING TO REGION OF PEEL COUNCIL - Nil

21.

COUNCILLORS' ENQUIRIES - Nil

22.

OTHER BUSINESS/ANNOUNCEMENTS

23.

CONFIRMATORY BILL

A by-law to confirm the proceedings of the Council of The Corporation of the City of Mississauga at its meeting held on February 9, 2022

0026-2022

24.

ADJOURNMENT - 12:06 PM