Stouffville alleges Mayor Justin Altmann gave out confidential info

Yorkregion.com
July 21, 2018
Simon Martin

Whitchurch-Stouffville Mayor Justin Altmann distributed confidential information, according to the town's lawsuit against him.

According to papers filed in the town’s legal action, on or about Aug. 26, 2017, Altmann disclosed, discussed and distributed multiple copies of a 167-page binder, which included the allegedly confidential information, to unidentified members of the public.

Altmann’s statement of defence on the matter is not yet available.

The information in question deals with town employees and matters dealt with exclusively during in camera sessions of council, such as overtime claims, and the employment history of 24 current and former employees, the documents allege.

The town learned about the binder's disclosure June 6 and promptly asked Altmann to return the confidential information and identify the individuals who may also be in custody of it. Altmann has not co-operated, according to the claim.

The town claims Altmann breached his duties of loyalty, fidelity and good faith owed to the town, his fiduciary duty owed to the town and his duty to keep all confidential information belonging to the town in strict confidence.

The town seeks punitive, exemplary and aggravated damages as a result of “Altmann’s blatant breaches of duties owed to the town and wilful deliberate misuse of confidential information belonging to the town”.

The legal action also contains demands for Altmann and third parties to whom Altmann distributed confidential information to return all confidential information to the town. 

Altmann knowingly breached and continues to breach his code and common law duties by misappropriating, using and disclosing the town’s confidential information for his own purposes, according to the claim, which also states the situation must be resolved immediately for the town to avoid irreparable harm.

Altmann will not be in any position to satisfy any damage award, the town said.

“There is no evidence any taxpayer or citizen information was disclosed,” town CAO Roman Martiuk said in a June 27 news release.

The mayor is still serving sanctions imposed on him by fellow councillors in March after he failed to apologize to staff, as recommended by an ethics investigation, for creating a display on his office bathroom wall that included photos of staff, elected officials and members of the public.

His sanctions include: the loss of seven months of pay, being barred from municipal facilities and limited interaction with town employees.

In a letter to Altmann in June, Martiuk outlined the duties and obligations of the mayor under the Municipal Freedom of Information and Protection of Privacy Act, which requires municipalities to safeguard the privacy of individuals.

Martiuk said under the municipal legislation, the town is required to act and must:

• retrieve the hard copy of any personal information that has been disclosed;

• notify the individuals whose privacy has been breached, and provide details on the breach; and

• inform the information and privacy commissioner registrar of the privacy breach and work with them on the investigation, and launch an internal investigation into the matter.