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The McCallion Letters

Mississauga Governance Committee’s deceptive minutes approved unanimously thanks to Bonnie “Can’t Move Them” Crombie.

October 1st, 2012  

Back in June, the City of Mississauga announced that it had hired Robert J. Swayze as its first full time Integrity Commissioner.

In its June 20, 2012 press release City of Mississauga Appoints Integrity Commissioner the City states:

“Staff will work with Mr. Swayze over the summer and report back to Council in the fall concerning recommendations to amend the Code of Conduct for Mayor and Members of Council.”

Very few people are aware that back in 2009-2010 Mississauga Staff simply took the City of Vaughan’s Council Code of Conduct, made a few minor changes, replaced instances of “Vaughan” with “Mississauga” and then announced “City of Mississauga’s Draft Code of Conduct Available to Residents for Review  Jul 09, 2010”.

Put another way, had a journalist, you, me or any student in the province done what City of Mississauga Staff did, it’d be called Plagiarism.

That City of Mississauga Staff worked with the Integrity Commissioner “concerning recommendations” is obvious right from the Get-Go in Mr. Swayze’s  “First Report of the Integrity Commissioner”.

He writes:

RECOMMENDATIONS:

That the mandate of the Integrity Commissioner not be expanded to
include investigations of members of City staff;

It seems that over the summer, City of Mississauga staff worked with the new Integrity Commissioner to ensure that they still get to “investigate” themselves! And oversee themselves!

MISSISSAUGAWATCH has repeatedly gone on record warning the public that:

And think about it. Is it appropriate for City of Mississauga Staff to work with the Integrity Commissioner on investigation-related recommendations concerning them?

How is that not conflict of interest?

Next.

Page 4 of Mr. Swayze’s “First Report of the Integrity Commissioner” states:

Expanding the role of the Integrity Commissioner to conduct
investigations of staff

I have reviewed minutes of Council meetings which recorded hearing
presentations urging that the role of the Integrity Commissioner be
expanded to include investigations of members of staff.

Given that the Integrity Commissioner’s report defines staff as:

“staff” includes the City Manager and Chief Administrative Officer, Commissioners,
Directors, Managers, Supervisors and all non-union and union staff whether full-time, parttime,
contract, seasonal or volunteers.

I, for the life of me, can’t imagine what “minutes of Council meetings” he actually reviewed!

So I sent Mr. Swayze an email requesting clarification. I cc’d to Councillor Jim Tovey, Chair of the City of Mississauga Governance Committee as well. (For those who care more about Money than Accountability I will be contributing $250.00 to the Governance Committee for an hour of Mr. Swayze’s time.)

Here is my email for the record.

From: MISSISSAUGA WATCH <mississauga_watch@yahoo.com>
To: “robert.swayze@sympatico.ca” <robert.swayze@sympatico.ca>
Cc: Jim Tovey <Jim.Tovey@mississauga.ca>; MISSISSAUGA WATCH <mississauga_watch@yahoo.com>
Sent: Thursday, September 27, 2012 10:07 AM
Subject:Requesting a list of all meetings which you reviewed that “recorded hearing presentations urging that the role of the Integrity Commissioner be expanded to include investigations of members of staff”Hello Mr. Swayze,In your First Report of the Integrity Commissioner dated September 7, 2012, under the heading, Expanding the role of the Integrity Commissioner to conduct investigations of staff you wrote:”I have reviewed minutes of Council meetings which recorded hearing presentations urging that the role of the Integrity Commissioner be expanded to include investigations of members of staff.”I am preparing a Governance Committee deputation and need a list of minutes of all meetings that you reviewed so that I can as well.Thank you,[name]MISSISSAUGAWATCH

Also for the record, this week I discovered that the minutes of the Governance Committee meeting do not remotely reflect what was actually said by Councillor Pat Saito after my  deputation at the April 16, 2012 Governance Committee meeting.

This part:

Councillor Pat Saito clarified that complaints made about a Member of Council would
not be referred by the Integrity Commissioner to the Human Resources Division for an
investigation. She noted that it is anticipated that an Integrity Commissioner would be
hired by the end of June 2012 and the Governance Committee would work with them
on the revisions to the Council Code of Conduct. She further spoke to the matter of the
Integrity Commissioner not reviewing complaints against City staff.

So I checked the Governance Committee’s May 14, 2012 minutes to examine how anyone could approve that Councillor-Pat-Saito-clarified paragraph.

Ready?

MATTERS CONSIDERED:1. Approval of Minutes of Previous Meeting

Minutes of the Governance Committee meeting held on April 16, 2012.
Approved
(Councillor P. Saito)

Councillor Pat Saito approved minutes that state she “clarified that complaints made about a Member of Council would not be referred by the Integrity Commissioner to the Human Resources Division for an investigation.” FALSE.

Councillor Saito approved minutes stating that she “further spoke to the matter of the Integrity Commissioner not reviewing complaints against City staff.” SHAMEFUL FAILURE-TO-MENTION.

Here for the record, is a transcript of what Councillor Saito actually said during that meeting.

Councillor Pat Saito, Mississauga Governance Committee meeting, April 16, 2012

—with the hiring of the Integrity Commissioner —and the anticipation is that this person would be, hopefully, here by the end of June. And then in the Fall, this committee would sit down with the Integrity Commissioner and work on the amendments to the [Council] Code of Conduct with that person being here to work on it with us.

So there is an opportunity for some of the concerns that you have raised to be reviewed during that process.

They may not all be addressed because —I don’t agree the Integrity Commissioner that we are looking at to deal with the Code of Conduct and the application of the Code of Conduct. That is for Members of Council.

I don’t agree that that person should be handling about all City Staff. That is a Staff responsibility —it’s a senior Staff, Commissioner, Director level responsibility, or City Manager level of responsibility. [* Note. MISSISSAUGAWATCH never suggested that the Integrity Commissioner address complaints regarding “all City Staff”. But rather Senior Management —City Manager, Commissioners, Directors.]

Now having said, Councillor Carlson and I were just talking about it there and there may be some validity in taking a look at the Integrity Commissioner dealing with complaints of the Senior Staff —the Commissioner, City Manager level.

But at this point, I don’t think either of us are, you know, that’s just something that was thrown out in discussion. Whether that would happen, whether we would think it’s a good idea after we’ve, you know, we’ve sat down and talked about it or not, I don’t know.

But as far as Staff below that level, that is dealt with by Senior Staff. That is their responsibility.

MISSISSAUGAWATCH, Mississauga Governance Committee meeting, April 16, 2012

Actually that, yeah. I, I —that’s good. I like that.

Councillor Pat Saito, Mississauga Governance Committee meeting, April 16, 2012

But anyway, we’re —thank you. Gee we agree on something—

MISSISSAUGAWATCH, Mississauga Governance Committee meeting, April 16, 2012

I’ve got a question to what you said, Councillor Saito.

At the beginning you said you weren’t sure about that Number 2 thing, “Upon receipt”—

Councillor Pat Saito, Mississauga Governance Committee meeting, April 16, 2012

I just wasn’t sure where it was from. If you could—

MISSISSAUGAWATCH, Mississauga Governance Committee meeting, April 16, 2012

It’s under Rule 12.

Councillor Pat Saito, Mississauga Governance Committee meeting, April 16, 2012

That was under Rule 12.

MISSISSAUGAWATCH, Mississauga Governance Committee meeting, April 16, 2012

Rule 12 deals with the Respectful Workplace Policy. And that is Provision 2 under Rule 12.

So anything that the Integrity Commissioner receives a complaint and he feels that it deals with the Respectful Workplace Policy, then he can’t investigate. He must hand it to Human Resources.

Councillor Pat Saito, Mississauga Governance Committee meeting, April 16, 2012

Then it’s referred. Okay. Thank you. I just lost the context on it so I appreciate that.

MISSISSAUGAWATCH, Mississauga Governance Committee meeting, April 16, 2012

And that’s what I’d like you to fix, please. Thank you.

I keep saying. You can not trust City of Mississauga minutes. Can not.

My greatest question here is did Integrity Commissioner Robert Swayze base his recommendation “that the role of the Integrity Commissioner be expanded to include investigations of members of staff” on those deceptive minutes?

Next. Reviewing video of the May 14, 2012 approval of previous minutes delivered quite the surprise!

It shows Chair Jim Tovey 1. requesting approval of minutes, 2. turning to Councillor Bonnie Crombie who appears to be saying “I can’t move it” 3. Tovey looking to his left and 4. accepting Councillor Pat Saito’s move to approve.

So why couldn’t Bonnie Crombie move the minutes? She was absent that April meeting.

But here’s the remarkable part. When it came time to vote on approving the minutes, Crombie raised her hand in agreement. And thus the bogus, deliberately-deceptive April 16, 2012 Governance Committee minutes were approved unanimously!

Here’s that video.

Bonnie Crombie, Jim Tovey, Pat Saito and George Carlson approve bogus Governance minutes (40 sec)

(Click here to go directly to the clip on YouTube)

VIDEO TRANSCRIPT

[ NOTE Camera: medium close on Councillors Jim Tovey and Bonnie Crombie (who was absent the previous meeting).]

Councillor Jim Tovey (Chair) Governance Committee, April 16, 2012

Uh, okay. Is there anyone else Question —Public Question Period?

Okay. Great. Seeing none?

Then approval of the minutes of the previous meeting?

[Turns to Councillor Bonnie Crombie whose lips appear to say “I can’t move them.” Then Tovey looks to his left.]

Okay. Councillor Saito moved that. All in favour?

[ Councillor Bonnie Crombie raises her right hand.]

Approved.

[REPLAY of above: with magnification]

[VIDEO TRANSCRIPT ENDS]

Councillor Bonnie Crombie absent at April 16, 2012 Governance Committee meeting APPROVES meeting's minutes

Signed,

MISSISSAUGAWATCH

Here’s the closest Mississauga got to crediting the City of Vaughan’s Code of Ethical Conduct for Members of Council in a press release.

“Bench explained the report and code, based on the Municipal Act, 2001 outline various elements found in other codes of conduct from other Ontario cities. Ward 5 Councillor Eve Adams, Ward 8 Councillor Katie Mahoney and Ward 11 George Carlson served on the committee to develop the draft code.”

—Press Release: City of Mississauga’s Draft Code of Conduct Available to Residents for Review  Jul 09, 2010

And for those who actually want to watch the relevant Pat Saito portion of the April 16, 2012 Governance Committee meeting…

Mississauga Council Code of Conduct shields Senior City Staff from Integrity Commissioner (14:03 min)

(Click here to go directly to the clip on YouTube)

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