Dock Di Biase's pay for 90 days, Vaughan ethics boss says

Yorkregion.com
April 19, 2015
By Adam Martin-Robbins

Vaughan’s ethics boss is calling for the maximum penalty to be imposed on Deputy Mayor Michael Di Biase after an investigation found he breached multiple clauses of council’s code of conduct.

In her final report released late Friday, Integrity Commissioner Suzanne Craig recommends council suspend Di Biase’s pay for 90 days. That could amount to about $18,000.

The recommendation comes a week after Craig released a damning preliminary report stating that the veteran councillor used intimidation and abusive language to pressure city staff who opposed his interference in the tendering process to secure municipal projects for local construction firm Maystar General Contractors.

Craig didn’t investigate Maystar and there’s nothing in her reports to indicate the company did anything wrong.

The final report reaffirms Craig’s initial findings and provides further details about her four-month investigation.

It also lays out the rationale for her recommended penalty.

“I find that the purpose of the Code has been seriously undermined by the actions of the Respondent (Di Biase) in relation to procurement matters, the perception of influence, and the improper conduct with respect to staff,” Craig wrote.

Richard Lorello, a city hall watcher and Di Biase’s longtime political rival, filed a complaint in early December which triggered the investigation.

In the following months, Craig interviewed 32 people including senior city staff and members of Vaughan’s library board, of which Di Biase is a member.

Craig also reviewed emails between Di Biase, city staff, his fellow councillors and an unidentified “outside person”, whom she found crafted email responses for Di Biase.

As a result of her investigation, Craig concluded that Di Biase has damaged the city’s reputation and exposed it to financial risks.

“ ... Some businesses and individuals doing business with the City have found themselves caught in a way of doing business that requires more attention to who you know than to how you complete your tender documents,” she wrote.

“The actions of the Respondent have left the City open to public criticism and questioning of ethics in procurement on the one end of the spectrum and financial liability on the other."

As for Di Biase’s conduct toward city staff, Craig states that he created a “culture of fear” at city hall.

“Individuals that I have interviewed have expressed feelings that span from outrage to hopeless resignation,” Craig wrote, “Some City staff felt intimidated by being told by a veteran member of City Council to provide them with confidential information that was in direct contravention of City procurement rules and City staff’s professional obligations. When City staff were asked to provide the Respondent with information that was to be kept confidential during the procurement Blackout period, the Respondent became, in their view, aggressive and intimidating.”

The report goes on to note that staffers took their concerns to the commissioner of strategic and corporate services and the city solicitor, both of whom abruptly resigned in February following a closed-door council meeting - while Craig’s investigation was ongoing.

Di Biase, a former mayor who has served on council for more than two decades, did not attend last week’s council meeting where the preliminary report was tabled. And he hasn’t responded to The Citizen’s repeated requests for comment.

But Di Biase reportedly told The Toronto Star in an email this weekend that he’s “extremely disappointed” he was not given an opportunity to respond.

“If I had been given all relevant information concerning the allegations, I would have been able to answer the allegations and demonstrate why the conclusions were wrong in fact and law,” he added. “As for my conduct, I’m a soft spoken individual and I am respectful in both speech and conduct. Anyone that knows me would know that to be factual,” he wrote.

Di Biase’s lawyer, Morris Manning, is also challenging the integrity commissioner’s findings.

In a letter sent to Craig Friday, Manning states that Di Biase “denies he committed the alleged wrongdoings”.

Manning also reiterates many of the arguments he made at Monday’s council meeting including that Craig failed “to comply with procedural requirements” and reported findings to council in a 28-page report that differed from a 10-page report given to him.

He also challenges Craig’s rationale for not disclosing the identities of those who made allegations against Di Biase.

Manning argues that Di Biase has not been given a fair and reasonable opportunity to respond to the allegations outlined in the report and reiterates his call to have council appoint an “independent and unbiased investigator to deal with this matter”.

Further, he states, given that Craig’s findings rely, in part, on emails between Di Biase and Thornhill Councillor Alan Shefman and Maple/Kleinburg Councillor Marilyn Iafrate, the two councillors should declare a conflict of interest in the matter and not take part in any discussion or decision about it.

He also argues that comments made by Iafrate and Mayor Maurizio Bevilacqua at Monday’s meeting show they have “prejudged” Di Biase and are “biased” in the integrity commissioner’s favour.

For those reasons, Manning said, they should declare a conflict of interest in the matter.

Council will be presented with Craig’s final report on Tuesday and will have a chance to decide what penalty, if any, to impose.

Reached by email Sunday, Shefman said he’s not declaring a conflict of interest in the matter.

Iafrate declined to comment and Bevilacqua could not be reached for comment.

For his part, Lorello appears to be pleased with the findings and recommendation in the final report.

“The Integrity Commissioner has given the city and its residents reason to be hopeful for transparent and accountable governance,” he wrote in an email to The Citizen. “In my opinion, Council has no choice but to adopt her recommendations.”

Lorello added that he’s hoping there will be further probes into Di Biase’s relationship with Maystar, “either through a public inquiry or a police investigation or both”.

To that end, Lorello said he is providing information to the police “so that they can determine if any criminal actions have been committed.”