Vaughan council votes to dock Di Biase’s pay

Veteran councilor will lose 90 days salary after he breached code of conduct rules.

Thestar.com
April 21, 2015
By Noor Javed

Vaughan city council has voted unanimously to adopt the integrity commissioner’s recommendation to dock Deputy Mayor Michael Di Biase three months of pay.

Veteran councillor Di Biase was in attendance at council for the first time since a scathing report by integrity commissioner Suzanne Craig found he had breached the city’s code of conduct by interfering in the tendering process and harassing staff who pushed back.

Di Biase did not vote on the matter.

Councillors voted 8-0 to accept Craig’s recommendation that Di Biase have his pay suspended for 90 days - the maximum penalty allowed under the Municipal Act.

Craig’s final report found that Di Biase created a “culture of fear” among city staff who resisted and refused his attempts to interfere in the confidential procurement process at the city, and sought contracts for the general contractor Maystar.

“I find that when the City staff responded to the Respondent’s requests for information during the Blackout period, by advising him that there is a process that must be followed, they were met with defiance, abusive language and intimidating actions,” wrote Craig, who spoke to 32 staff members in her investigation.

“I further find the respondent was aggressive, harassing and intimidating,” said Craig, adding that staff she spoke to expressed feelings ranging from outrage to hopeless resignation.

She also found that Di Biase shared confidential tendering information with a private individual, and used the information he received to criticize the procurement process

Following the meeting, Di Biase said he “strongly disagreed with the allegations and conclusions in the report.”

“I am disappointed my colleagues didn’t reject the report that was given, without my being able to show the integrity commissioner’s findings were wrong.”

He said he will discuss with his lawyer, Morris Manning, the possibility of taking the matter to court to “ask the courts to quash their (council) decision and order the integrity commissioner to provide the information I need to show that she was wrong,” said Di Biase.

Before the vote, Ward 5 councillor Alan Shefman called Di Biase’s actions “serious and inexcusable.”

“As a proud member of this council, I am saddened, even angered, that these actions have damaged the reputation of this council and this city,” said Shefman. “We must take the strongest action possible to make it absolutely clear that we condemn these behaviours, to be totally contrary to the spirit and to the principles of this body and the City of Vaughan,” he said.

Mayor Maurizio Bevilacqua voiced his support of Craig’s report before the vote.

“We do have a conduct that needs to be upheld,” he said. “We can view the vote as a reflection of how seriously we take our code of conduct.”

Craig clarified that her report was not an “indictment of council” but an investigation of one member only.

According to the 2015 city budget, the deputy mayor earns $84,301. That means Di Biase will lose about $21,000 of his salary this year. Serving in a dual role as regional councillor, Di Biase earned an additional $52,000. It’s unclear if his pay suspension will include his pay from the region.

But Di Biase seemed prepared for the outcome. As soon as the matter was dealt with, council went on with business as usual, with Di Biase back at the table discussing an unrelated matter.

Richard Lorello, whose complaint to the integrity commissioner launched her investigation, said he was pleased with the actions of council, but will be pursuing next steps in asking for a judicial inquiry on tendering issues at the city and following up with the police.

“You have to give public some confidence,” he said. “And it’s not there yet.”