Former city manager takes Richmond Hill to court over alleged ‘serious abuse’ by regional Coun. Perrelli

Perrelli denied the former city manager’s allegations in an email from his lawyer, noting she voluntarily resigned

Yorkregion.com
April 8, 2022
Sheila Wang

When Mary-Anne Dempster left her position as Richmond Hill’s city manager in January, the city was tight-lipped about the reasons for the top staffer’s abrupt departure.

Two months later, Dempster brought a close to $1-million lawsuit against the City of Richmond Hill over alleged workplace bullying and harassment by regional Coun. Carmine Perrelli, which had led to her “involuntary, constructive dismissal.”

The 14-page statement of claim, filed on March 20 in Toronto, detailed a long list of alleged transgressions by the regional councillor against Dempster that spanned over a year, including pressuring her to award a raise for a commissioner, demanding her to terminate the city solicitor, threatening her over the termination of an employee, as well as attempting to influence a lawsuit involving the city through her.

The allegations have not been proven in court.

“The city does not comment on personnel or legal matters. However, I can confirm the city is aware of the claim and will be defending it in due course,” city spokesperson Kathleen Graver said.

Perrelli denied Dempster’s allegations in an email from his lawyer, noting the former city manager voluntarily resigned and took a job elsewhere a few days later.

“We cannot comment on Ms. Dempster's motivation to bring a claim against the City of Richmond Hill and to attack our client therein in the circumstances,” Perrelli’s lawyer Stephen Thiele wrote in an email.

Dempster, who began working for Richmond Hill as a commissioner in September 2017, was appointed as the acting city manager following the departure of her predecessor, Neil Garbe, in February 2020, before becoming permanent four months later.

She alleges that Perrelli created a toxic environment, forcing her to be involved in matters she would not otherwise be expected to and the city failed to provide her with a safe work environment free from harassment and intimidation.

The alleged bullying and harassment started a few months after Dempster’s permanent appointment and she had to take a medical leave of absence due to the regional councillor’s “serious abuse,” according to the statement of claim.

The claim alleges that Perrelli openly dismissed Dempster by turning off her camera while she was speaking at a meeting, addressing her in a derogatory and dismissive manner and criticizing her abilities in council meetings, and that he engaged in efforts to undermine and destroy her reputation.

Perrelli’s lawyer states that the regional councillor has always carried out his duties and obligations “in a professional and responsible manner to ensure that city staff are accountable to the taxpayer.”

Dempster assumed the role as the city’s top staffer not only at the height of the COVID-19 pandemic, but also amid disruptions at Richmond Hill council.

Perrelli was removed from his role as a deputy mayor shortly before former mayor Dave Barrow retired after a months-long medical leave of absence.

Mayor David West, who took office following a January byelection, declined to comment on the lawsuit, but acknowledged that “it’s no secret we have had some challenging times during council this term.”

“Protecting the health and safety of staff is a responsibility the city takes seriously,” West said.

The claim states that not long after Dempster’s appointment, Perrelli allegedly pressured her to award a city commissioner a raise when she indicated that it was not appropriate. Perrelli then informed Dempster the following January that he planned to bring a motion to council that would divide her city manager role between two people which would have demoted her if implemented.

More than once Perrelli allegedly demanded the termination of city employees -- including the city solicitor, who provides legal advice and litigation services to Richmond Hill -- which Dempster refused to carry out, according to the claim.

Perrelli’s lawyer says that the regional councillor “feels that he has been unjustifiably targeted by Ms. Dempster in her claim, which obviously has only her spin on the facts and which omits significant details of conduct that took place under her tenure as city manager.”

Those omissions should be pleaded in any statement of defence filed by the city, he noted.

Dempster, who now works as chief administrative officer in Clarington, declined to comment.

In her statement, she alleges that Richmond Hill was aware of the alleged transgressions as she has made formal complaints against Perrelli, verbally communicated with members of council and commenced an internal workplace harassment complaint against Perrelli.

The city failed to investigate her complaints of harassment and bullying, the former city manager alleges, seeking a declaration from the court that the city breached the Occupational Health and Safety Act.

She is also looking for about $428,000 in damages for constructive termination of her employment, moral damages in the amount of $250,000 for mental and emotional distress and suffering, and another $250,000 for punitive damages.

Thiele said Perrelli is not in a position to file a statement of defence since Dempster has not sued him.

“For our client’s part, he intends to continue to seek to stand up for taxpayers and hold both staff and members of council accountable to the people who pay their salaries,” the lawyer said.

There had been multiple complaints against Perrelli as city staff felt “intimidated, threatened and or badgered” by him, according to the claim.

While it is unclear how many complaints have been filed against Perrelli, the regional councillor has been found in breach of the city’s code of conduct twice so far this term.

He was found guilty of “abusive conduct” toward fellow council member Karen Cilevitz at the end of a council meeting in 2019 when he made public statements which were considered “derogatory and upsetting” to Cilevitz and constituted unwarranted public humiliation. Council did not reprimand Perrelli as the commissioner recommended at that time.

Perrelli was then found in violation of the city’s code of conduct last November over a false and misleading survey about city staff’s pay raise, which Dempster alleges was “implying to the public that Ms. Dempster had engaged in wrongdoing.”