Town claims Stouffville Mayor Justin Altmann's town halls breached court order

Altmann's lawyer said there was no breach of any court order

Yorkregion.com
October 15, 2018
Simon Martin

Did Whitchurch-Stouffville Mayor Justin Altmann breach a court order when he held town hall meetings at the Stouffville Legion Oct. 2 and 9, where he explained his much talked-about mind map on his bathroom wall?

It depends on who you ask.

The town issued a media release Oct. 12 stating it is seeking a declaration from the court that Altmann is in contempt of court for recent public speeches he made.

Last month, an Ontario Superior Court judge ordered Altmann and others to return confidential information to the town.

Altmann’s lawyer Mauro Marchioni was quick to point out there has been no court ruling as of yet if the information involved was in fact confidential. He said there was nothing confidential revealed at the town halls and that the mayor took precautions.

“No names were named,” he said.

Marchioni also advised Altmann to video and audio record the town halls, which he did, because people would come after him.

“There was nothing in breach of any court order,” he said.

The town media release said the court order helped the town to recover its records of confidential information, including from Altmann, who agreed to the order without admitting liability.

But while Altmann returned records, the town alleges Altmann was giving public speeches about the very information he returned -- Information that was confidential about town employees, according to the release.

“The town respects Altmann’s right of expression and does not seek to interfere in his campaign, but Altmann is bound by the court’s order. He must not disclose the town’s confidences and must abide by the court order, a particular concern to the town given the information relates to its former employees,” the release stated.

Marchioni said the town sent a cease and desist letter after the first town hall, which he said didn’t apply because Altmann wasn’t violating any court order. Marchioni said the town was seeking a judge to hear the contempt motion on an urgent basis, which he doesn’t think will be granted.

“I told them ‘the only reason you people are doing this is so you can do a press release,'” he said.

Audio from the Oct. 9 town hall, which has been posted on a local Facebook group, runs through Altmann’s account of events of what led to the mind-map on his washroom wall and what exactly the wall was detailing. While Altmann didn’t directly associate names, he talked about problems with overtime hours, harassment, the departure of CAOs and a mass staff exodus at the town offices. 

“Why has the wall never been explained to you? It’s not scary. It’s not creepy,” Altmann said on Oct. 9.

According to the town, in the first week of June, it was reported to chief administrative officer Roman Martiuk that Altmann distributed confidential information and personnel records to members of the public. In the summer of 2017, personal and confidential information was photocopied and included in binders that were provided to individuals. This included the personal information of 24 current and former employees, including overtime claims, salary information and employment history. The information also included descriptions of 14 closed session council matters and documents contrary to the town’s bylaws.

This is just the latest legal fight in the saga between Altmann and the town.

Last month, Altmann won a court battle after council voted to bar him from municipal facilities, except for council meetings, and talking to town staff. The mayor had been prohibited from doing all of these things after council passed a bylaw March 6 upon recommendation from the town integrity commissioner Suzanne Craig.

Ontario Superior Court Judge Phillip Sutherland ruled on Sept. 7 that portions of that bylaw exceeded council’s authority.

“There is nothing in the (Municipal Act) or the code that authorizes council to impose the sanctions,” Sutherland wrote in his decision. “I cannot reconcile the submission of the Town that the offending terms are 'other actions' that Council have the authority to impose. The offending terms I see nothing but a sanction or penalty against (Altmann).”

Last September, Craig found Altmann had violated three sections of the town's code of conduct, relating to harassment, discreditable conduct and conduct respecting staff in relation to a mind map on his bathroom wall.

Craig received a complaint about Altmann’s refusal to apologize after her initial integrity recommendations were enacted by council. Altmann’s refusal to make an apology in the 90 days allotted caused Craig to recommend further sanctions. Craig told council Altmann had exhibited contempt for the town’s code of conduct.

There is a court date scheduled for Oct. 19 that will be on scheduling.