Tamming sues Region for $500,000
One of the key figures in the 2016 Niagara Region chief administrative officer hiring controversy is suing the municipality for more than $500,000 in a wrongful dismissal lawsuit.
Jason Tamming, formerly director of communications, says in his statement of claim that acting CAO Ron Tripp fired him in a manner as to “inflict maximum mental distress” on him.
The claim, filed in an Owen Sound court by lawyer John Tamming, says the timing of Jason Tamming’s Dec. 17, 2018, firing was done to coincide with the holidays and the impending birth of a child.
“The termination took place days before Christmas and weeks before the birth of a second child for Jason, the pending birth Jason advised Trip of on Dec. 14, 2018, before the termination,” the claim says.
“Jason was emotionally devastated by the manner of his termination and sustained serious mental distress.”
Tamming’s claim has not been proven in court.
Tamming, one of four managers fired by Tripp on Dec. 17, is a central figure in the tainted 2016 CAO hiring process that led to Carmen D’Angelo being hired as the municipality’s top bureaucrat.
At the time, Tamming was communications director for then-regional chair Alan Caslin, who was also chair of the CAO hiring committee.
The Standard learned that before and during the hiring process, D’Angelo downloaded at least six confidential and secret documents a candidate for the $230,000-a-year job should not have, including information on other candidates, interview questions and answers to a written submission to the hiring committee. Digital information embedded in the memo relating to the written submission identifies Tamming as the creator of the document.
During a July 26, 2018, closeddoor council meeting, D’Angelo admitted he turned to Tamming for help in crafting his written submission.
“He is a communications expert,” D’Angelo says on a recording of the meeting obtained by The Standard. “And I said, ‘Hey Jason, what do you think?’ But I’m the one who put it together. Me. Carmen D’Angelo.”
D’Angelo’s written submission to the hiring committee contained verbatim answers from the Tamming memo.
During the July meeting, D’Angelo was asked if turning to a member of Caslin’s staff during the hiring process demonstrated poor judgement. D’Angelo said he would not have asked Tamming for help if he knew The Standard would publish a story about it.
D’Angelo’s hiring and his 2017 contract extension are the subjects of an ongoing Ontario Ombudsman investigation.
D’Angelo was hired as CAO in October 2016. In August 2017 he promoted Tamming to communications director for the entire Region. According to the statement of claim, Tamming’s salary increased to $123,335 from $75,000 a year as a result of the promotion. His salary was later increased to $138,300 a year.
The claim says that on Nov. 2, 2017, the termination language in his contract was changed. The amended contract gave Tamming 18 months’ pay if he was fired without cause instead of three months.
“The employment agreement was intended to provide Jason with ample notice of an eventual termination, from which position he could then negotiate other alternative and comparable employment from a position of strength,” the claim says.
As CAO, D’Angelo approved the agreement.
The Standard has learned this amended deal was not included in Tamming’s official personnel file and when Tripp fired him on Dec. 17, 2018, he was not aware of it.
The claim says Tamming made Tripp aware of the amended contract when he was fired, but that did not result in an improved termination offer from the Region.
Tamming is suing for 18 months’ salary plus 25 per cent and $75,000 in moral damages.
He is the third former Region manager to launch a lawsuit against the municipality this month.
Tamming was fired at the same time as three other managers hired by D’Angelo — former general manager Chris Carter, former economic development manager Dominic Ursini and former human resources manager Peter Wadsworth.