Vaughan deputy mayor entitled to payout after resigning amid sexual harassment scandal
City commended for accountability policies

TheStar.com
May 23, 2017
Noor Javed

Despite the scandal surrounding Vaughan city hall, there was muted reaction and little condemnation from many of the councillors Tuesday as the city’s ethics commissioner presented them with the outcome of an investigation that found deputy mayor Michael Di Biase repeatedly sexually harassed a city employee last year.

Also missing was outrage, at the fact that even though the veteran politician resigned last week in the wake of the damning report, he will still be entitled to at least two years’ severance pay from the city, and another $30,440 in severance from the Region of York, where he served as regional councillor.

In her report, integrity commissioner Suzanne Craig found that Di Biase, a seasoned politician with more than three decades in office, broke the city’s code of conduct when he repeatedly sexually harassed a city employee over a period of five months, including allegedly kissing her on the lips and touching her breasts, and contributed to creating “an intimidating and offensive work environment for the complainant.”

The complainant also made allegations of sexual assault and reprisals. Craig said the assault complaint was a criminal matter and not in her jurisdiction. The complainant’s lawyers, with the firm Pinto Wray James LLP, said they have advised their client of her options, but she had not yet filed a sexual assault complaint with police. None of the allegations have been proven in court.

Previously, Di Biase said he took “great exception to the allegations put forward by the complainant.”

On Tuesday, Craig said Di Biase’s actions “seriously undermined the trust placed in elected officials.”

“I find ample evidence, to show on a balance of probabilities, that the respondent did engage in conduct that constituted sexual harassment,” she said, adding “there is no pleasure received in submitting this report.” She commended the complainant for showing courage by coming forward.

She also commended the city: “Of a positive note is that the process the City of Vaughan has in place to hold members of council accountable for their actions … you have shown leadership when council says we will not allow certain behaviours to take place.”

But during the meeting, five of Di Biase’s long-time colleagues chose to stay silent, including regional councillors Gino Rosati and Mario Ferri, and ward councillors Tony Carella, Rosanna DeFrancesca and Sandra Racco.

Two councillors and the mayor did speak up.

Vaughan Mayor Maurizio Bevilacqua called the report “gravely concerning” and said employees are entitled to be “treated fairly and in an environment free from discrimination, harassment and reprisal.”

Local ward 5 councillor Alan Shefman apologized to the complainant and all women at the City of Vaughan “for having to work in an environment where sexual harassment has taken place. That’s unacceptable.”

Ward 1 councillor Marilyn Iafrate spoke out strongly about the allegations in the report and also asked pointed questions around how Di Biase was able to get access to confidential information from certain departments. She also asked about his severance pay.

According to a bylaw provided by the city, councillors are entitled to one month severance for every year served up to a maximum of 24-months, if they resign, are defeated in a municipal election and complete a term of council and decide not to run again.

Di Biase was first elected in 1988. After two decades in office, he lost the 2006 mayoral election. He returned to office as a regional councillor in 2010 and was re-elected in 2014 and with enough votes took the deputy mayor's seat.

Considering Di Biase was first elected in 1988, it is likely he would be entitled to the maximum severance, to start 30 days after the current council term ends.

The city did not respond to questions about exactly how much money he would be entitled to.

Di Biase earned almost $140,000 last year, according to the province’s Sunshine List.

After a lengthy discussion in-camera on legal issues around Di Biase’s severance, the councillors returned with a motion in hand to “fully accept” the report and the integrity commissioner’s recommendations for censuring Di Biase — even though they were made irrelevant by his resignation.

The councillors did not take any recommendations offered by the complainant in a victim impact statement, where she had asked for councillors to attend human rights training on the prevention of sexual harassment, or to un-frost the glass between councillors’ and staff members’ offices.

In closing, Bevilacqua said “members of council must lead by example” and the integrity commissioner’s report was “proof that the system does work in the city.”