Vaughan Deputy Mayor Michael Di Biase takes ethics watchdog to court
Michael Di Biase is seeking a judicial review of scathing integrity commissioner report.

thestar.com
Jan. 15, 2016
By Noor Javed

Vaughan’s deputy mayor is taking the city and its ethics czar to court in hopes a judge will quash a report that found he created a “culture of fear” and meddled in the city’s procurement process.

Veteran Councillor Michael Di Biase is seeking a judicial review of Integrity Commissioner Suzanne Craig’s investigation from last year that found the seasoned politician tried to exert influence in the city’s tendering process, and bullied staff who tried to push back.

At the time, council endorsed Craig’s recommendation to dock Di Biase three months’ pay - the harshest penalty allowed under the Municipal Act. Di Biase lost about $20,000 of his councillor salary.

Di Biase’s claim, filed with the Ontario Superior Court in December, asks a judge to dismiss the original complaint that led to the investigation, Craig’s decision, and council’s ensuing decision to dock his pay. He is also asking for legal costs associated with the case, which the city confirmed he is paying himself.

“The issues raised in this application are: whether the Commissioner and the City denied the applicant natural justice and breached procedural fairness by relying on a non-transparent investigation process,” according to the claim.

Craig’s code of conduct investigation involved six months of research and confidential interviews with more than 30 City of Vaughan staff, who told her that Di Biase was “intimidating,” used “abusive language” and created a toxic work environment.

According to the court filings, Di Biase believes the case against him was unfair and that he should have been provided with summaries of the interviews to “make a full answer and defence.” He also claims Craig “misinterpreted” the city’s code of conduct, and that part of her decision was rendered before her position had officially been renewed by the city.

Di Biase said he could not comment, as the matter is before the courts.

A judicial review is a court proceeding in which a judge reviews the lawfulness of a decision made by a public body. In this case, Di Biase’s legal pursuit could have resonance beyond the municipality. If a judge sides with Di Biase, it could affect the ability of integrity commissioners across the GTA to effectively do their job, according to Craig, who said she could not offer specifics about the case but was speaking generally about the nature of her job.

“An integrity commissioner would be hard-pressed to be able to, firstly, have anyone come forward, and secondly, to have sufficient information to make a credible evaluation of the matter before them,” said Craig. “Accountability officers could not function without the provision of secrecy to allow for a free flow of information.”

During the investigation last spring, many staff members expressed concerns about speaking out for fear of reprisals, Craig wrote in her report last year.

She also wrote that she “was obligated to avoid the disclosure of some information” because releasing it could have identified staff members. But she did provide a few snippets of interviews that she felt would not reveal the identity of those who spoke out.

The court challenge, expected to be heard this spring, comes amid an OPP investigation involving Di Biase that began shortly after Craig’s decision was rendered. The OPP says it is investigating “allegations of criminal wrongdoing.” A local newspaper, the Vaughan Citizen, has reported that police are investigating city contracts signed during Di Biase’s long political career, including when he was mayor from 2002 to 2006.

DiBiase denies any wrongdoing in the case.

The OPP said the investigation is ongoing.