Vaughan deputy mayor sexually harassed city worker, integrity commissioner says

thestar.com
May 18 2017
By Adam Martin-Robbins

Vaughan Deputy Mayor Michael Di Biase has once again been found in breach of the city’s code of ethics, according to a report by the city’s integrity commissioner.

“I find that the actions of the respondent (Di Biase) constitute sexual harassment and a breach of Rule 14 of the Code (of Ethical Conduct), which prohibits such harassment,” integrity commissioner Suzanne Craig wrote in a 28-page report posted to the city’s website today.

“The respondent’s conduct created and contributed to an intimidating and offensive work environment for the complainant, contrary to his obligations under the Code (of Ethical Conduct) and under the City’s Respectful Workplace Policy...Such actions seriously undermine the trust placed in elected officials and the principles underlying their Oath of Office.”

Di Biase, a veteran councillor who has served nearly 30 years in office, could not immediately be reached for comment, but the report notes in a written response, through his lawyer, he “categorically denies any wrong doing.”

“To the best of his knowledge and belief, any and all physical interaction between himself and the complainant was consensual and not unwelcome or unwanted.”

None of the allegations have been tested in court.

Craig could not be reached for comment, but her assistant said in an email, “given the sensitivity of the matter, Ms Craig will not be in a position to speak with you until after the special council meeting of May 23, 2017.”

Her report details findings from an investigation, triggered by an eight-page affidavit filed Jan. 17, 2017. In it, the complainant alleged Di Biase sexually harassed her for about five months, from March to July 2016. The complainant also made two other allegations, which the integrity commissioner did not investigate.

Based on her findings, Craig recommends a number of sanctions including that Di Biase’s pay be suspended for 90-days, his designation as deputy mayor be suspended and that he lose the right to chair meetings of council and sit on standing committees.

Mayor Maurizio Bevilacqua issued a statement in the wake of the report being released.

“I have read the integrity commissioner’s report concerning allegations filed against Regional Councillor and Deputy Mayor Michael Di Biase, and find the contents to be gravely concerning,” he said. “The City of Vaughan takes this matter very seriously and condemns all acts of workplace harassment and reprisal of any kind. Without exception, anyone who works for the City of Vaughan should be treated fairly in an environment free from discrimination, harassment and reprisal.

Given the serious nature of this issue and the immediate attention required, the mayor has called a special committee of the whole meeting on May 23 10 a.m., immediately followed by a special council meeting. The integrity commissioner will be presenting the findings of her independent investigation at the committee meeting. The mayor will comment further on this issue at that time.

This report comes just more than two years after another investigation by Craig that found Di Biase breached Vaughan’s code of conduct by using intimidation and abusive language to pressure city staff, who opposed his interference in the city’s tendering process and his efforts to secure municipal projects for a local contracting company.

In that instance, council voted to dock Di Biase’s pay for 90-days, amounting to about $21,000, based on the findings of her April 2015 report.

Di Biase launched an unsuccessful court challenge to squash that report and have the penalty overturned. A divisional court rendered its decision upholding Craig’s findings and the penalty imposed by city council in September 2016.