A "witch hunt" is how Oro-Medonte Coun. Richard Schell described the report from the township’s integrity commissioner that recommended he be reprimanded and have his pay suspended for 15 days.
It was the second time in less than six months that Schell’s actions have resulted in an investigation by the integrity commissioner.
John Ewart, the township’s integrity commissioner, recommended the reprimand and the pay suspension at the township’s council meeting Wednesday, following an investigation into an allegation that Schell broke the municipality’s code of conduct when he presented a factum of the Oro-Medonte Association for Responsible STRs as a court decision. At a town hall meeting in Hawkestone on Nov. 26, 2023, he said it showed short-term rentals were legal in the township.
Less than two weeks before that town hall meeting, on Nov. 14, Schell had been reprimanded and had his pay suspended for 60 days after he was found to have “breached the municipal code of conduct by distributing a court document to five members of council on Aug. 29, 2023 in an attempt to influence council or members of council regarding the subject matter of short-term rentals."
The fact Ewart has had to investigate Schell twice for a similar violation, dealing with the same documents, was not lost on the integrity commissioner.
“It is certainly, I think, worth pointing out that this is the second time I’ve addressed this matter with this particular member,” Ewart said. “The sanctions are now approaching the upper limit, if you will, of the sanctions that I can impose under Section 223 of the Municipal Act and I trust that this report will serve to put closure, for both the member as well as members of the public, as to what this document is and there should be no ... further discussion of this.”
Schell, when given his opportunity to address Ewart’s recommendations, went on the defensive.
“First of all, I think this was a witch hunt,” said Schell, before launching into a history lesson on the bed-and-breakfast operation he operates.
Schell was cut off by Mayor Randy Greenlaw, who advised the councillor to stay focused on the matter before council — the integrity commissioner's report in regards to Schell’s actions regarding a matter that he recused himself from.
“I would like you to keep those comments confined to the findings in the report and the sanctions issued, please,” said Greenlaw.
“I’m leading up to that,” Schell responded.
“Yes, but we’re not here to relitigate the short-term rental issue,” Greenlaw said.
“I’m trying to establish where and why these documents came into being,” Schell said. “Am I not permitted to do that?"
“I will give some leniency and see where this goes,” the mayor said. “What you should try to concentrate your comments to is the actions you’ve taken, and the reasons you’ve taken those actions on a matter you’ve recused yourself from for pecuniary interests."
“This was not a council meeting; this was a public meeting that I was invited to attend,” Schell said.
Schell began to recount the process he went through regarding his own rental property as a sort of preamble on the legality of short-term rentals in the municipality.
Again, Greenlaw tried to bring the councillor back to the topic at hand.
“Coun. Schell, Coun. Schell, you’re veering outside again,” the mayor said. “So once again, I’m asking, what we’re trying to get to is do you have comments regarding the findings in the report and the sanctions that have been suggested?"
Frustrated and obviously flustered, Schell tried to continue, but could not. He closed his comments with a reference to the town hall meeting, where he said a member of the audience directed questions to him in “an aggressive, interrogating demeanour” regarding his inferences to the factum document he presented to council.
“During this engagement, I made it clear any reference I may have made about this document being a court decision, I was mistaken and it was an error,” he said. “It drew a round of applause from the audience. I made it clear and the audience recognized it. I’ll stop there."
Deputy Mayor Peter Lavoie asked Schell directly if he had any remorse about this situation.
“How do I answer that?” Schell responded. “You were present at the meeting and, not to ask a question for a question, but did you not hear me tell everybody there that I was mistaken?”
“I did hear that,” Lavoie said. ”I also heard you today indicate that this was a witch hunt, so I’m clearly not fully satisfied that there is an acceptance of the circumstances that arose on that day or the consequences that were delivered or recommended here today, that they will have any effect.”
“Thanks,” Schell said.
Greenlaw tried to close the discussion on a positive note.
“I know you’re a good man and you would hopefully do everything within your power to make sure we don’t go down this road again,” the mayor said.
A final question from Coun. Robert Young to Schell proved, quite clearly, Schell hasn’t bought into the program.
“What I want to ask you directly, given all that’s occurred here, both investigations regarding short-term rentals,” Young said. “Do you believe that they are legal?”
Greenlaw tried to end the discussion, but couldn’t before Schell responded.
“Court deems them legal, not me,” Schell said.
Greenlaw then called for a vote on the integrity commissioner’s recommendations, that included:
- Council receive the report
- Schell be subject to a reprimand for having referred to the factum of the Oro-Medonte Association for Responsible STRs as a court decision, which served to find that short-term rentals were legal within the Township of Oro-Medonte, at the Nov. 26, 2023 town hall meeting contrary to the municipal code of conduct
- Council direct the treasurer to suspend Schell’s pay for 15 days
- Schell receive a copy of the integrity commissioner’s report and that Schell review the code of conduct
- Schell, to the extent possible, avoid any further reference to the factum as a decision of the Divisional Court, having any legal force and effect on the operation of short-term rentals within the Township of Oro-Medonte.
Council voted to support the integrity commissioner’s recommendations.
