The Standard (St. Catharines)

Email scandal on back burner

- BILL SAWCHUK STANDARD STAFF

It may be a while before the public knows what’s happening with St. Catharines regional Coun. Andy Petrowski.

Only two people can speak about a meeting with Regional Chair Alan Caslin last week where Petrowski asked for a leave of absence in the wake of his email imbroglio — and neither he nor Caslin are talking.

Petrowski sent the email that started a media firestorm locally, nationally and internatio­nally last Monday.

The message was sent to St. Catharines regional councillor­s, the St. Catharines city clerk, the head of Brock University security, local radio stations, and Niagara Student Transporta­tion Services. An image of a naked woman sitting on a stool with her legs spread was embedded in Petrowski’s message, which was in response to an email notificati­on from Niagara Region about lane reductions on the Burgoyne Bridge.

Petrowski apologized immediatel­y and blamed someone else for using his account.

He hasn’t taken questions about the incident since requesting his leave.

The Standard attempted to contract Petrowski to clarify why has requested a leave — and when he plans to return to his duties.

“No comments for Fake News and please stop sending me any more emails,” he responded.

While Petrowski wasn’t commenting, he was active on social media after the terror attacks in London, England.

Caslin last Wednesday provided a three-sentence news release about his meeting with Petrowski. He wouldn’t take direct questions. The statement didn’t address what council will do about Petrowski’s vacant seat — or whether Petrowski will continue to be paid.

Prof. David Siegel, a Brock University municipal politics expert, said there isn’t much precedent to guide the chair or council in this case.

“I think the regional chairman is probably wise to err on the side of not disclosing a huge amount of informatio­n,” Siegel said. “It will take some time to think this one through.”

Caslin’s director of communicat­ions, Jason Tamming, couldn’t offer any transparen­cy — citing privacy concerns.

“To be clear, the regional chair does not grant a leave of absence,” Tamming wrote in response to questions. “Requests for leave are subsequent­ly transmitte­d to Niagara Region human resources for any appropriat­e action.”

“Due to privacy legislatio­n, the corporatio­n cannot provide further informatio­n regarding the leave of absence.”

Conrad Spezowki, a spokesman for the Ministry of Municipal Affairs, said individual municipali­ties have the power to decide whether councillor­s are paid during a leave of absence. He directed the reporter back to the Region.

Siegel suggested the Region isn’t going to dock Petrowski’s pay.

“Yes, he would still be getting paid — unless he has decided to return the money,” Siegel said.

Spezowki said that under the Municipal Act, council could declare a member’s seat vacant if he or she is absent from meetings for three successive months.

Should Petrowski stay away that long, council then could fill the seat through a byelection or by appointmen­t.

Recently, Port Colborne Mayor John Maloney missed about five months on medical leave after suffering a stroke. A ward councillor, Bea Kenny, serving as the city’s deputy mayor, sat in his place at regional council.

“There are other cases, such as when Bill Longo was mayor of Thorold,” Siegel said. “His wife was suffering from a terminal illness. They gave him what you could say was an indefinite leave of absence to spend time with his wife at a difficult time. It was just a tacit agreement. After a three-month period, they could have exercised the right to declare the seat vacant. They chose not to do that — for good reasons.”

Councillor­s who run in provincial or federal elections have also taken unpaid leaves of absence during the campaign, though it isn’t mandated under the Municipal Act.

Caslin’s office also announced last week that Petrowski’s access to his email account and corporate devices was suspended.

It’s the second time Petrowski has said someone has used his device to send a message that landed him in hot water. More than a year ago, Niagara Regional Police Chief Jeff McGuire received a text from Petrowski’s account saying, “Hello clown are you a tyrant.” Soon after that, Petrowski resigned his position as vice-chairman of the police services board to spend time with his ailing father.

The chair’s office didn’t respond to a question about whether Petrowski’s electronic devices were checked for pornograph­y.

Tamming said regional councillor­s don’t have to sign a policy agreement for electronic devices. There are policies, however, in place.

The policies, which were forwarded to The Standard by an anonymous councillor, state the Region provides councillor­s with Samsung Tablets and iPhones, or they are also free to use their own devices if they chose. Private devices must still conform to policy.

One section says all computer network traffic (including but not limited to email and Internet activity) and all storage media is subject to random inspection.

Petrowski’s offending email disappeare­d from the Region’s system and the inbox of councillor­s early last week.

Some objected to staff going through their accounts and deleting items, prompting Carmen D’Angelo, the Region’s CAO, to respond in an email sent to all councillor­s and senior staff.

“As you may be aware, this email was sent to members of council, regional staff and external agencies,” he wrote in an email obtained by The Standard.

“The email included content in violation of the Policy CS.C008.7, entitled ‘Electronic Communicat­ions and Internet Use Policy’ (dated May 30, 2011). I have attached the policy for your reference.”

D’Angelo said the decision to delete the email was taken in accordance with the policy. One copy was retained and archived.

“Although the email was removed from staff and councillor­s’ email accounts, this does not necessaril­y imply that regional staff read the emails. Thus, I would like to explain the process utilized by the chief informatio­n officer. In order to delete the emails identified above, an automated process was run against all regional mailboxes (including staff and councillor­s) to search for and delete emails with the subject line, RR81 (St. Paul St. W.) Lane Restrictio­ns, sent and received on May 29, 2017.

“This automated process was run without any interactio­n from staff. The result was a log file indicating if any emails meeting the search criteria (were found, they) were deleted.”

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