Coun. Sergio Morales has been reprimanded by city council and must apologize for comments he made to Coun. Keenan Aylwin last summer.
Council decided Monday night — by a recorded vote of 10-0 — to take these steps following the recommendation of integrity commissioner Suzanne Craig.
A reprimand is a penalty under the Municipal Act, a strongly worded condemnation of a member of council.
“Even if we do disagree, and we do disagree, we always have to remember that we are welcome to attack the position, not the person,” Coun. Clare Riepma said of the decision.
“We have a code of conduct for a reason,” said Deputy Mayor Barry Ward. “It’s quite clear that he (Morales) broke it and there are consequences. It’s not the end of the world, but we have to back what the integrity commissioner found.”
“This reminds me of two lessons I learned as a kid,” said Coun. Jim Harris. “Sticks and stones, and two wrongs don’t make a right.”
Craig determined Morales’ comments to Aylwin contravened Barrie’s Code of Conduct, an agreed-upon understanding by all members of council about what standards they should meet in the individual conduct of their official duties. Morales is referred to as 'the respondent' in Craig's report and Aylwin as 'the complainant'.
“I find that, the respondent’s comments such as, '(I) am living in fear of (the councillor) attacking me,' '(the councillor) pouts when he doesn’t get his way,' 'your comments detract away from the great potential (the complainant) has' and '(the councillor) is not a leader,' are comments that the respondent ought to have known to be offensive,” Craig wrote in her March 15 report.
Morales spoke for approximately 10 minutes to council on this matter Monday night.
“Members of council, tonight you are voting whether or not councillors present and future can call out toxic behaviour among colleagues who shame them for their votes, or whether they will live in fear of being reprimanded for doing so,” he said. “I respectfully disagree that the comments about lack of leadership and pouting were in breach of the code.”
Craig also cited Morales for his lack of response to the complaint, which doesn’t comply with the code, either.
“What is at issue is the ‘how’, not the ‘why’,” said Mayor Jeff Lehman, referring to what was said. “The ‘how’ is at issue.”
The comments Craig referred to in her report come from an Aug. 10, 2020 city council meeting, and a direct motion that city staff meet with Shak’s World to identify opportunities including leasing the former City of Barrie Youth Centre at 59A Maple Ave., as well as city facilities, to host its proposed programming and its prepared business plan, and report back to councillors on Sept. 14, 2020.
Lehman took a vote to waive the rules of procedure so that councillors could hear a presentation by Shak’s World prior to a motion without notice and the direct motion being considered. Shak’s World focuses on community and the well-being of youth through basketball. The local non-profit group was searching for facility space, and was before council asking for $42,000 to rent it.
Because Shak’s World had not completed many of the requirements that grant proponents are required to fulfil, however, the waiver motion was defeated by a majority of councillors.
Aylwin’s comments about systemic racism led to the exchange with Morales.
“That could be a corporation. It could be a schooling system. It could be a municipal government. Sometimes systemic racism isn’t obvious to those on the outside looking in, especially those who are privileged by the system,” said Aylwin, as reported by BarrieToday at the time.
“Mayor Lehman, Coun. Aylwin is implying that council is being racist to Shak. This is ridiculous,” said Morales.
Lehman responded that he didn’t hear a councillor accuse council of being racist, and tried to turn the conversation back to the motion on the floor.
“Very obviously there’s a misunderstanding of what systemic racism is,” Aylwin said.
Craig said Aylwin’s comments were not about people, however, but issues.
“Based on my discussions with individuals, including the complainant, it was not the intention of the complainant to suggest that members of council planning committee members were racist,” her March 15 report said. “His comments were levelled at the inherent systemic inequities of the decision-making process of the committee, and not at the members who make up the committee.”
She did find that Morales’ comments were directed at Aylwin.
“The complainant (Aylwin) was incorrect in defining the committee’s August decision to defer approval of the grant to the proponent (Shak’s World) as based on inappropriate motives,” Craig wrote in her report. “However, the complainant’s comments do not justify or exonerate the respondent (Morales) from his ethical responsibilities to refrain from insulting and offending a council colleague.”
Following council’s decision Monday night, city clerk Wendy Cooke read a statement that council strongly condemns the statements of Coun. Morales at the meeting of Aug. 10, 2020, and that following an investigation by Barrie’s integrity commissioner, the member was found to speak against another member of council in a manner that was inappropriate, offensive, insulting or derogatory, that the investigation of the integrity commissioner found the member contravened the council and committee Code of Conduct and that there is formal reprimand to the council member for having made the comments.
In addition to the reprimand, Morales has to write an apology to Aylwin acknowledging and recognizing that calling out the Ward 2 councillor and publicly saying Aylwin is not a leader, along with other disparaging comments, doesn’t comply with the Code of Conduct. The apology has to be given to Craig within five days of council’s decision Monday.
Morales also has to recognize that personal attacks against members of council are not permitted by the code.
Coun. Mike McCann asked Aylwin Monday if it was not too late for the matter to be resolved without Morales taking a reprimand.
“If we keep this up, I wouldn’t be surprised if the city of Barrie doesn’t re-elect any of us because of our actions,” he said.
“I regret that it wasn’t able to be resolved. I think we need some healing around the table,” Aylwin said, “and for that we need accountability.”
“I’m appalled that this couldn’t be resolved" without the integrity commissioner investigating, said Coun. Gary Harvey.
After council’s decision, Morales said he respected the office of the integrity commissioner and council’s ability to make the decision.
“Eight of 10 of them messaged me after that (Aug. 10) meeting and said they were glad I spoke up as they shared similar frustration regarding Coun. Aylwin’s repeated behaviour, but their decision tonight (Monday) is their decision,” he said. “We now have to move forward.
“We need leadership to come back to city hall, and I will be working the next few weeks on how we can make sure this leadership is restored to city hall," Morales added.
