Mayor’s reference letter causes a political stir in Oakville
Oakville Mayor Rob Burton, who is seeking re-election, has been accused of supporting a former councillor who was charged in 2016 with cutting the brakes on his wife’s car.
The accusation, which is being made anonymously and by mayoral candidate Julia Hanna’s campaign, concerns former Ward 4 Coun. Roger Lapworth. Lapworth resigned suddenly from Oakville council on March 30.
At the time, Lapworth said he was departing for “personal reasons,” which he declined to elaborate on.
Courts documents show that on Dec. 19, 2016, Lapworth was arrested by Halton police and charged with mischief for damaging the brake line on his wife’s vehicle.
Other mischief charges related to Lapworth allegedly banging and kicking his wife’s bedroom door to the point of damaging it and damaging a handbag that belonged to his wife.
At the time the couple was in the process of separating.
The Crown attorney prosecuting the case could not prove Lapworth cut his wife’s brake line and Lapworth ultimately pleaded guilty to criminal harassment. He was sentenced to a conditional discharge and three years of probation.
According the agreed statement of facts, on Dec. 16, 2016, a witness observed a man approach a vehicle, lie down beside the rear passenger wheel and “fiddle” with the rear wheel well. The man then got up and went to a GMC Acadia parked on the street and drove away.
The witness recorded the licence plate. A police investigation revealed the GMC Acadia was rented by Lapworth.
Some time later, Lapworth’s wife’s vehicle was towed to a service centre for inspection where it was discovered the rear brake line had been damaged. Further forensic analysis confirmed the brake line had a cut on it.
Lapworth denied causing the damage, but says he did attach a GPS device to the vehicle to track it. He also admitted to frequent email contact with his wife for issues surrounding their separation and divorce.
Lapworth’s ex-wife declined to comment, however, did confirm details related to the charges and the sentencing. Burton, chair of the Halton Regional Police Service Board, said Lapworth approached him after his arrest and asked for a reference letter for the courts.
“Mr. Lapworth asked me on the basis that he was innocent,” Burton told the Beaver. “A reference letter felt like a normal thing to do.”
The letter, dated April 27, 2017, is printed on Office of the Mayor, Town of Oakville letterhead and signed Mayor Rob Burton.
In the letter, Burton discusses the length of time he has known Lapworth and states the councillor has shared with him in detail the charges in his case.
“This is totally out of character for Roger as we all know him to be a kind, gentle and very generous person,” the letter reads.
In the letter presented to the court, Burton goes on to list Lapworth’s work with the town, including the committees and boards he has served on and the events he has provided free audio services to.
Burton concludes his submission to the court by noting: “Should Roger be exposed to any elements that would disqualify him from running again in the 2018 municipal election, that would be a great loss to the residents of Oakville and especially myself and his current colleagues.
“I trust that this brief note clearly outlines the type of person that Roger really is.”
The allegations made anonymously and by Hanna’s campaign suggest that by providing Lapworth with this letter, Burton is in violation of the Town of Oakville code of conduct for members of council, which, in part, states, “Every member shall avoid the improper use of the influence of their office by not interfering with legal or quasijudicial processes.”
It’s unclear whether Burton’s letter violates this policy, since, according to the town clerk, town policy does not allow for the investigation of complaints during an election. She said any complaints received will be sent to the town’s integrity commissioner after the Oct. 22 election.
In a transcript of Lapworth’s sentencing hearing, Lapworth’s lawyer references Burton’s letter of support and his endorsement of Lapworth’s running for Oakville council in the future.
When asked whether he felt his letter violated the code of conduct for members of council, Burton said it did not because he says Lapworth misled him. He argued he provided Lapworth with the letter with the understanding Lapworth was innocent and that the letter would be used as a character reference.
Burton says he was blindsided when Lapworth then pleaded guilty to criminal harassment. He said he only learned Lapworth had pleaded guilty on Feb. 27, 2018.
“After I became aware that my letter was obtained under false pretences, I told Mr. Lapworth I felt required to refer his misrepresentation to our integrity commissioner,” Burton said. “He resigned before I could do that.”