Brampton inquiry by Ombudsman Andre Marin will need provincial approval

Mayor Linda Jeffrey, who described the city hall environment as "toxic," will need approval from Queen’s Park to carry through on a request for an investigation.

Thestar.com
May 5, 2015
By San Grewal

A resolution by Brampton council to ask provincial Ombudsman Andre Marin to investigate possible misconduct by staff in procurement practices, including a $500-million development deal, will require Queen’s Park’s approval to go ahead.

“As an officer of the Ontario Legislature, Mr. Marin has simply agreed to serve as requested if the province agrees that this is a matter of public interest and appoints a commission under the Public Inquiries Act,” a spokesperson from Marin’s office said Tuesday.

Brampton Mayor Linda Jeffrey, describing a “seriously toxic and dysfunctional work environment” inside city hall, took the extreme measure of calling for the public inquiry at a special council meeting Monday.

The meeting dealt with a report by lawyer George Rust-D’Eye, who was hand-picked by former CAO John Corbett under then-mayor Susan Fennell to investigate the development deal. Both Corbett and Fennell were at the centre of the process being investigated.

Councillors and members of the public on Monday vilified and dismissed Rust-D’Eye’s report, saying it was nothing more than a history of what happened based on staff reports, and that Rust-D’Eye had exonerated staff of misconduct based on their word they’d done nothing wrong.
“I believe the Ombudsman’s attendance has the potential to resolve issues that have not been addressed in the Rust-D’Eye report,” Jeffrey said Tuesday.

“My office has had an ongoing dialogue with the Ombudsman for months. It’s no secret that I wanted the Ombudsman to look into the state of affairs in Brampton.”

Minutes after Jeffrey’s motion passed unanimously, Marin tweeted his willingness to take up the request: “We would be happy to accept the unanimous motion and vote of confidence by #brampton and city council and @lindajeffrey to conduct a public inquiry,” he wrote.

The motion opens the door for Marin to investigate not only the downtown deal, but any possible “misconduct in the area of procurement, real estate, planning approvals and any other areas he feels necessary.”

Marin’s office confirmed Tuesday that he could tackle the job as the Ombudsman, if appointed under the provincial Public Inquiries Act, and could use his power to subpoena people and have them testify under oath. It would be up to the provincial government to appoint him to the task.

Councillor John Sprovieri, one of the loudest critics of what he publicly called a “whitewashed” report by Rust-D’Eye, said it might have been a blessing in disguise.

He said it was “deeply regrettable” that Rust-D’Eye’s report was a “waste of money,” costing taxpayers $269,000. “But there was so much outrage about how ridiculous this report was, just taking staff’s word on everything they were accused of, that it just caused even more suspicion about their actions. I just hope the province moves quickly.”

Jeffrey said no cost for a possible inquiry has been discussed and that would be determined by the province.

“I have asked that they initiate the inquiry as soon as possible.”