The Ombudsman’s Niagara CAO probe: What we know What is the Ombudsman investigating?
On Thursday Ontario’s Ombudsman Paul Dubé announced he is launching an investigation into the 2016 hiring of Niagara Region’s chief administrative officer and his contract.
The announcement follows months of stories about how Carmen D’Angelo was hired and the terms of his contract unilaterally extended by regional chair Alan Caslin.
Here is what we know, and what we don’t, about the investigation:
WHAT WE KNOW:
Paul Dubé’s Special Ombudsman Response Team will conduct an investigation into D’Angelo’s hiring.
The Standard has found D’Angelo downloaded at least six documents, four of which were written by the staff of regional chair Alan Caslin, about the CAO position before and during the hiring process.
Regional council passed a motion last week calling for an Ombudsman’s investigation and Dubé says his office also received 113 complaints.
What does the Ombudsman do?
The Ontario Ombudsman investigates public complaints about the administration of provincial government organizations and municipalities along with most other related boards and agencies funded by or composed of municipal politicians.
The Ombudsman will issue a report once the investigation is complete that includes recommendations. A draft of that
report is sent to the subject organization for a response before it is publicly released.
What powers does the Ombudsman have?
The Ombudsman is governed by the Ombudsman Act, which gives the office considerable investigative powers including the ability to issue summonses, requests documents and require evidence be given under oath.
All provincial government organizations and municipalities are required to cooperate with an investigation and it is an offence under the act to mislead or obstruct an Ombudsman investigation.
Wasn’t their already an Ombudsman’s investigation into the CAO hiring?
No. In April, regional council hired Toronto lawyer Marvin Huberman to fill an ombudsman’s role to investigate the hiring process and gave him the powers of the Ombudsman to do his work. Huberman elected not to exercise those powers, and found none of the digital evidence at the heart of the issue and accepted “improbable” statements by D’Angelo as credible. His report cleared the process of wrongdoing.
Didn’t the Ontario Ombudsman just complete an investigation about Niagara Region?
Yes. The Ombudsman issued a report in July about the Region’s illegal seizure of a Standard journalist’s computer and notes which found the municipality’s actions were unlawful and made 14 recommendations to improve regional policies and procedures.
WHAT WE DON’T KNOW: When will the Ombudsman be finished this investigation?
Ombudsman probes are lengthy, comprehensive affairs. Ombudsman investigators do in-person interviews and in-depth reviews of printed and digital documents. Operating under the premise that it is better to be accurate than quick, the Ombudsman does not place limits on the length of their probes.
The Ombudsman has made it clear this investigation will not be complete prior to the municipal election on Oct. 22.
Who will be called on to testify?
Although educated guesses can be made as to who the Ombudsman’s team will want to speak to, the Ombudsman does not disclose who is being interviewed during an investigation.
Will Niagara Region cooperate with the investigation?
The Region is required by law to cooperate, and Caslin said in an email this week that he will “fully cooperate” with the Ombudsman.
However, in his report about the seizure of a reporter’s equipment, Dube noted that while Caslin promised full cooperation with that investigation, a lawyer hired by the Region attempted to improperly influence the probe.
It is not clear if the Region is hiring another external lawyer for this investigation and, if so, if it will be a different lawyer.