12 Code of Conduct complaints dismissed by Newmarket's integrity commissioner or withdrawn since October
Four additional complaints received are still under review

yorkregion.com
June 27, 2016
By Chris Simon

Newmarket’s integrity commissioner has quickly rejected the first 12 Code of Conduct complaints he has reviewed since being hired in October.

In a report to the town’s committee of the whole earlier this month, commissioner Robert Swayze provided a status update on 16 code complaints he’s dealt with during his mandate so far. While the last four he’s received are still under review, the first dozen were either dismissed or withdrawn without the need for a full investigation, he said.

“Having an integrity commissioner does support council’s goals, in terms of accountability and transparency,” town CAO Bob Shelton said, linking the number of complaints filed to the new Code of Conduct council approved earlier this year.

“It’s new to not only staff and council, (but) to the public. We need to get a little bit of time under our belt. With the more time and practice we have, the more efficient it’s going to become.”

Twelve of the complaints were dealt with under the old code, while the more recently submitted ones fall under the jurisdiction of the new document, he said.

The complainants asked for anonymity and their identities will not be revealed, Swayze said in the report.

The town has paid Swayze $25,340 since his appointment. By comparison, the town’s previous integrity commissioner received a total of $11,069, though she was used sparingly over the past few years and only called in to investigate two incidents last term. The town budgeted $20,000 for the integrity commissioner this year, Brouwer said.

“None of the complaints were found to have merit (so far),” Regional Councillor John Taylor said. “We’re dealing with a system that are important mechanisms for transparency and accountability, but it would seem to me are potentially open for abuse.”

Details on five of the complaints are being kept confidential because they are “not in the public interest”. However, the other complaints revolve around money.

Here’s a summary of complaints Swayze chose to disclose:

Councillor Tom Hempen supported fundraising for the reconstruction of a park at Maple Leaf Public School and a motion to waive site plan fees for the project.

“The complainant has a curious objection to the use of his influence as a councillor to benefit a community project because it will enhance the councillor’s reputation and that of his business,” Swayze wrote in the report. “In my opinion, community work by all councillors, subject to some rules, should be encouraged and, in my experience, waiving planning fees for charities is properly and frequently done by all municipalities.”

Councillor Kelly Broome-Plumley was accused of obtaining funds for a community skating rink from her employer through, what the complainant called “improper” influence.

“I cannot find any conflict in raising funds from the councillor’s employer,” Swayze said.

A complaint was lodged against Councillor Tom Vegh for attending a conference in Toronto, staying overnight in the city, his choice of hotel and a decision to use a car for travel instead of transit.

“I can find nothing in the code that supports this complaint as a contravention and the complainant made no reference to the code,” Swayze said. “Councillors hold an important position in the municipal corporation and in the community. They should be empowered to make decisions such as staying longer at a conference for networking with their colleagues.”

Two complaints were lodged against Taylor. The first was for his participation in 2016 budget deliberations. The more than $100-million budget included a $73,000 line item for the purchase of advertising space in The Era, which is operated by Metroland Media. Taylor’s wife is vice-president of marketing for Metroland. The complainant said Taylor was active in the budget deliberations, though Taylor has noted the item was not specifically discussed. When the budget was passed in January, Taylor asked for the advertising portion of the budget to be voted on separately by council and declared a conflict of interest on the matter.

“The complainant also alleges that engaging in the discussion of the budget was an abuse of his influence, which I reject,” Swayze said.

The second complaint against Taylor relates to his participation in the town’s Work At Home program, where he received $560 for half the cost of a computer.

“This program is offered to all employees and councillors to encourage the use of computers and can be enrolled in every 36 months,” Swayze said. “(Taylor) advises that this is the first time he has participated in 10 years. The complainant alleges that the CAO did not sign off as required and that the computer is used contrary to the intent of the program. I have received the form signed by the CAO and determined that there are no restrictions imposed by the program on the use of the computer.”

An annual report will be presented to council members by the commissioner in the fall, Shelton said.