Barrie councillors met into the early morning hours, behind closed doors, about a controversial workplace investigation.
“We have one item on this evening’s agenda, which is a confidential presentation concerning a confidential personal information and solicitor/client privilege matter related to a workplace investigation,” Mayor Jeff Lehman said at the general committee meeting, which wrapped up at 12:16 a.m., Tuesday.
The mayor reported that general committee had discussed a presentation and correspondence concerning a confidential personal information matter and a solicitor/client privilege matter related to a workplace investigation.
Also at the meeting was John Mascarin of law firm Aird & Berlis LLP, hired by city council in late-October to provide advice to Barrie councillors on alternative actions and related risks regarding a confidential staff report on a workplace harassment investigation. The Toronto firm has expertise in workplace law, including harassment. Its legal advice is only to be circulated to members of council not directly associated with the matter.
Three votes were taken during the closed portion of the Monday/Tuesday meeting. Two were procedural, to extend the meeting twice — beyond 11 p.m. and midnight.
The third vote concerned confidential direction to staff with regards to the matter at hand.
It was ‘that staff in the legal services department, and or representatives of Aird & Berlis LLP, undertake the actions required to implement the confidential direction provided at the Nov. 23, 2020 general committee meeting’.
The motion was passed unanimously by the councillors present, including Lehman.
Coun. Mike McCann was at the meeting when it began, left his Zoom portal when the vote was being taken to go in-camera and was not at the meeting when councillors returned to take the vote in public after midnight.
This motion will be considered for final approval by city council at its Dec. 7 meeting.
Exactly what that direction is, or what it means, is unknown because this meeting was held behind closed doors, or in-camera as the city calls it.
CUPE Local 2380 president Michael Murphy has said several workplace harassment allegations were made during the past year and some were substantiated. This union has about 500 full-time members working for the city.
A confidential staff report concerning personal information, and advice that is subject to solicitor-client privilege matters concerning a workplace harassment investigation, was received by council last month.
Council still has to hire an outside expert in human resources and municipal law to review staff’s handling of the complaint outlined in the confidential staff report, and report back to Barrie councillors on possible changes to policy and procedures on how complaints are dealt with in the future.
Council amended its Code of Conduct earlier this month to loosen the deadline for filing complaints. They must be submitted no more than six months after the alleged violation occurred, and no action will be taken on a complaint received beyond this deadline.
Complaints previously had to be submitted within six weeks of the matter becoming known to the individual, and no more than six months after the alleged violation occurred, by a member of the public, an organization, a city employee or a member of council or city committee having reasonable grounds to believe the Code had been breached.
The Code of Conduct is an agreed-upon understanding by all members of Barrie city council about what standards they should meet in the individual conduct of their official duties. It also applies to the behaviour of members of city committees and boards.
This change in filing complaints came into effect Nov. 9, 2020.
