This councillor sought more transparency. His words were disrespectful, says integrity watchdog
Pembroke council disagrees whether Coun. Troy Purcell harmed city staff with comments
During a public council meeting in the spring, a city councillor in Pembroke, Ont., was "passionate" in his demand for more transparency in city procedures and bylaws.
The city's integrity commissioner says those comments were "disrespectful" to city staff and in his opinion, the councillor deserves a 15-day suspension of his pay in what would be the commissioner's first ever breach of conduct report presented before a Pembroke council.
"I felt it was a violation of my freedoms … the right to freedom of opinion and expression," Coun. Troy Purcell told CBC News one day after Tuesday's council meeting — when integrity commissioner Tony Fleming presented his findings.
According to Fleming's report, he received multiple complaints alleging Purcell made "comments about staff that were derogatory" at an April council meeting and thus "negatively affected staff's well-being and created low morale."
The identities of the complainants were not disclosed.
Fleming said Purcell breached a section of the city code requiring councillors to "treat members of the public, staff and each other in a respectful manner," but said his comments did not constitute "abuse, bullying, harassment or intimidation."
"Please hear me clearly. My intent … was not to disrespect staff but to spur change," Purcell said Tuesday.
The April 18 meeting — at the centre of the complaints — was a prelude to sweeping changes in city government.
"I'm proud to be the driver of changes thus far," Purcell added.
As a result of Purcell's motions since April, council adopted several changes to outdated bylaws and made significant progress toward procedural accountability and transparency.
Pembroke, as one example, now has a surplus land bylaw following months of controversy around Mayor Ron Gervais's offer to buy city-owned land near his home for $1,000.
Council also introduced a five-year limit to city procurement contracts after CBC's reports of Gervais's ties to city solicitor Robert Sheppard and the law firm they both work at: Sheppard & Gervais.
During that meeting in April, council also discussed reconsidering the city's 21-year-old contract with Sheppard.
"I have significant concerns regarding the lack of transparency and accountability of this council," said Purcell at the April meeting.
The following few quotes were some of the statements scrutinized by Fleming, which were reported to have breached the code of conduct.
WATCH | All of the comments made by Purcell that were deemed 'inappropriate':
"As an example, this agenda meeting was not even posted on the City of Pembroke's website until mere hours prior to the meeting, impeding concerned citizens' knowledge of what we'll discuss tonight and potentially hindering their attendance at today's meeting," Purcell said.
"You'll probably hear from the executive committee that this was done in oversight or error, but this further demonstrates complacency in promoting an open and transparent local government."
Other quotes include Purcell's frustrations over accessing information from city administration — like getting copies of approved bylaws, reports, studies — and not getting timely responses to questions and requests for call-backs, "demonstrating to me the utter lack of leadership from the executive committee."
Purcell is also quoted giving a list of excuses he's allegedly heard from city staff.
Fleming's report states "detailing such criticisms and concerns in a public forum is disrespectful." He also called those comments "inappropriate."
"Even if all of the Member's comments were factual, no Member of Council should bring the professionalism or competency of staff into question at an open meeting," the report reads.
"I stand behind the comments I made," said Purcell to council on Tuesday.
Councillors split on report
Fleming recommended Purcell's pay be suspended for 15 days and council require him to read an apology at an open meeting within 30 days of its decision.
What I take away from this report is that we should all be talking and walking on eggshells.- Coun. Ian Kuehl
Councillors were divided on Fleming's report, with half disagreeing with the findings — but they agreed Purcell's comments were "harsh" and "passionate."
Purcell said he was "perplexed" as to why tax dollars were spent on a formal investigation rather than using an informal complaints process.
"I'm mystified how we [got] here," said Coun. Ian Kuehl, who defended Purcell and pointed out Fleming's failure to define "disrespectful" in his report.
Kuehl questioned why the report never mentioned freedom of speech in relation to preserving democracy. He also cited integrity commissioner reports from other cities and even Supreme Court case studies to defend his colleague.
"In my opinion, a justice of the peace trying a traffic ticket would have to give better reasons than the reasons we find in this report," Kuehl said. "What I take away from this report is that we should all be talking and walking on eggshells."
Coun. Ed Jacyno disagreed, saying councillors should show "decency" when debating matters.
"I think he did hurt some people's feelings," Jacyno said. "I think we have to gauge ourselves … as to what we're doing right or wrong."
'Agree to disagree'
After several failed motions on what sanctions, if any, to issue to Purcell, Mayor Gervais, Jacyno and Coun. Patricia Lafreniere voted in favour of compelling Purcell to issue a public letter while not sanctioning him financially.
Councillors Kuehl, Brian Abdallah and Andrew Plummer consistently voted against any sanctions.
In the end, councillors decided to "agree to disagree" and move on from the integrity commissioner's report without taking action.
Fleming declined to comment for this story.
CBC News asked the city's chief administrative officer David Unrau for an interview. He directed CBC to Gervais, who did not respond to CBC's request.
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