Integrity complaint against Augustyn dismissed
Niagara Region’s integrity commissioner has dismissed a complaint against Pelham Mayor Dave Augustyn made by Port Colborne Coun. David Barrick, who accused the mayor of breaching council’s rules of confidentiality.
Integrity commissioner Edward McDermott said that while Augustyn did share a confidential document when he sent the Ontario Ombudsman a memo from a lawyer hired to represent the Region after it unlawfully seized a reporter’s notes and computer, he found the Pelham mayor “acted in good faith” given “the unique circumstances of this particular case.”
McDermott ruled council does not have grounds to impose any penalty on Augustyn.
According to McDermott’s report, Barrick said Augustyn violated council’s rules when he sent a memo to the ombudsman that was sent to councillors by the lawyer.
The memo outlined “do’s and don’ts” for councillors who would be interviewed by ombudsman investigators following the Dec. 7 incident at regional headquarters when staff seized the notes and computer of Standard reporter Bill Sawchuk.
The Region falsely accused Sawchuk of secretly recording a closed-door meeting of council. Sawchuk was not recording the meeting. The reporter’s equipment was returned four hours later after repeated calls to the Region by The Standard’s lawyer and a reporter.
Shortly afterwards, the ombudsman launched an investigation into the incident, which was widely denounced as an infringement of freedom of the press. Following the incident, Regional Chair Alan Caslin said the Region has no legal authority to seize anyone’s property.
The Ontario Ombudsman’s Office has yet to release its findings.
After the investigation began, the Region hired an external lawyer to represent council during the investigation. The memo sent to councillors by the lawyer included the advice not to volunteer information but only provide information to the ombudsman if asked.
In a memo to regional CAO Carmen D’Angelo, Augustyn wrote that he felt the lawyer’s advice was not appropriate because councillors should be transparent with the ombudsman. He later shared the memo with ombudsman staff.
McDermott said while the memo was confidential, he said there is no cause to reprimand Augustyn. He ruled there was nothing “controversial or new” in the lawyer’s memo and sharing it would have no impact on the investigation.
“I find that in providing the interview instructions memo to the Ontario Ombudsman, councillor Augustyn did not breach the respect, truth, honesty and integrity provision of (the regional code of conduct) but rather believed he was complying with his obligation to provide the ombudsman with all documentation relative to his investigation,” said McDermott’s report, which also said the credibility of Augustyn and Barrick are not at issue.
Barrick has been a steadfast opponent of the integrity commissioner system, saying it would be utilized as a “political weapon” by councillors.