Integrity commissioner recommends Richmond Hill Coun. Tom Muench be censured

Councillor investigated for entering private property without permission

Yorkregion.com
March 23, 2021

Richmond Hill Coun. Tom Muench may face sanctions after the city’s integrity commissioner probed his entry to a private property without permission last August.

Integrity Commissioner Norman Groot recommended March 11 in a report that council impose a reprimand on Muench who was found to have breached the code of conduct over improper use of influence.

Council is expected to make a decision on the recommendations March 24, according to the posted meeting agenda.

The commissioner made the recommendation after an investigation of a complaint filed by resident Mehrdad Sabouhi alleging Muench violated the code when he entered his property without consent on Aug. 6.

The investigation, spanning over half a year, found that Muench walked into a house through the back door without the permission of the homeowner and remained in the property despite being repeatedly told to leave.

Sabouhi, owner of the property, stated two HVAC professionals were replacing a broken air conditioner when the councillor went through the house to the electrical room where the two contractors were “startled and surprised,” according to the report.

Muench was recorded repeatedly asking the contractors “Do you know who I am?” when he was asked to leave the premise. He referred to himself as “the government” and “the law” a few times.

Muench also told the contractors that he is “an important man” and “knows Doug Ford,” Sabouhi said.

The councillor denied in the report that he walked through the house, noting he “had the authority to inspect” the property because there was a concern over the security of the home.

In his account, Muench said he was simply trying to find out the identities of the men, to determine if everyone was safe and if the homeowner knew the men were there.

Muench said he is “up and down” the residential street on a weekly basis and several neighbours had made formal complaints to his office and the city about the use of the home, which he said was operated as a “rooming house.”

The investigation found that there had not been several formal complaints about this address and only one was made by Muench’s office in July 2020.

The city conducted an inspection on the property in August and found no violation, the report says.

Muench told the commissioner that he suspected possible burglary and decided to “check it out” on the morning of Aug. 6 when he saw a white van with no markings in the driveway and two men going back and forth.

“Even a police officer or municipal law enforcement officer would not have been able to enter the complainant’s property in these circumstances,” the report says.

The commissioner states that although it was done "in good faith and without malice," it is not the councillor’s role to investigate potential criminal activity, enforce a municipal bylaw or conduct property inspections.

Muench told The Liberal on March 22 that he has been involved in numerous community safety actions and is proud to be part of a caring culture.

“The report clearly demonstrates Tom Muench's intention to abuse his office power against me,” Sabouhi said of the findings.

Sabouhi and Muench acknowledged they had a history through their responsibilities with the board of the Richmond Hill BIA a few years ago, and they did not always see eye to eye in the meetings of the board.

Muench denied that he targeted Sabouhi’s property, noting he didn’t know the identity of the homeowner prior to his visit to the property.

"I did not use my position in council or staff in regards to this incident and no city resources or undue influence whatsoever were utilized," Muench said, noting "a much larger picture exists," but he was unable to disclose.

“He has many other similar incidents in the past against other people and I encourage the public not to fear to report him,” Sabouhi said.

In 2018, council ordered to suspend Muench's pay for 30 days for several counts of code breaches over “insulting” a fellow councillor at an event, misleading constituents in his newsletter and “abusive behaviours” toward a former assistant.

Sabouhi has reported the trespassing allegation to the York Regional Police. No charges have been laid.