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Toronto law firm hired for advice on workplace harassment probe

'The contents of the legal advice would be not circulated to the member of council in question,' says city clerk
2020-10-29 Harassment probe
Barrie city councillors vote on retaining outside legal counsel and the associated costs during a city council meeting Thursday night. Coun. Mike McCann was not present. Screenshot

City council has hired a Toronto law firm to provide advice to Barrie councillors on alternative actions and related risks regarding a confidential staff report on a workplace harassment investigation.

Council hired Aird Berlis at a special meeting Thursday that lasted less than 10 minutes.

The motion passed by a 10-0 vote. Coun. Mike McCann did not attend the meeting.

The only discussion of the motion came from a question by Deputy Mayor Barry Ward.

“The previous provision that the documents only be provided to councillors not directly affected will still be included?” Ward asked. “It’s assumed in this motion?”

“Yes, the contents of the legal advice would be not circulated to the member of council in question,” city clerk Wendy Cooke said.

Integrity commissioner Suzanne Craig recommended council retain Aird Berlis, or Aird & Berlis LLP, which has expertise in workplace law, including harassment.

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.

Again, Craig had been asked for her advice, but the choice must be approved by council. 

That cost of Aird Berlis’ legal advice will be funded from the council contracted services account, and the cost for the review from the CAO contracted services account. The legal advice and review from Aird Berlis would be provided directly to council through the city clerk.

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.

Barrie city police had no information on an investigation of allegations of workplace harassment.