The Standard (St. Catharines)

Councillor­s confused by incident with media

- KARENA WALTER STANDARD STAFF — with files from Alison Langley and Dave Johnson kwalter@postmedia.com

Niagara Regional councillor­s had mixed reactions about a Standard’s reporter’s computer and notes being confiscate­d during a meeting Thursday night, ranging from criticism to confidence in the staff move.

Many other councillor­s seemed utterly confused by what took place between staff, police and reporter Bill Sawchuk in the hallway outside council chambers after councillor­s alleged someone was recording the closeddoor meeting.

Pelham Mayor Dave Augustyn said Friday the region should unreserved­ly and unequivoca­lly apologize to Sawchuk, the news organizati­on and all media for the episode.

“It’s very embarrassi­ng for the region obviously, that this occurred. I just think we need to apologize and offer to do whatever it takes to clear up the matter.”

Augustyn said he and a few other councillor­s recommende­d they contact police after a recording device was seen during the closed meeting.

“It was because of the recording device, not because of the reporter’s computer that I asked, shouldn’t we call the police?”

While police were on the way, he said the recording device was secured and the meeting proceeded. Later, someone pointed out there was a computer on the media desk and asked if that could be recording too. Augustyn said staff secured the computer and he doesn’t know what happened outside the meeting room.

He said council wasn’t made aware that Sawchuk was told not to come back into the public meeting and statements that staff made to him were not discussed behind closed doors.

“I don’t know under what authority staff escorted Mr. Sawchuk out. It wasn’t council authority to do that so there needs to be a huge unequivoca­l apology and an offer to work with the media to say, how can we fix this situation and make it better and what can we do to do in future situations to ensure this doesn’t happen again?”

Lincoln Coun. Bill Hodgson said he assumed when the equipment was removed in the second instance, it would be handed to the owner.

“Judging by the fact that Mr. Sawchuk was not only denied access to his laptop but his notes were taken, I deem that to be entirely inappropri­ate. I don’t know that anyone had establishe­d there was something wrong going on. In this day and age, you need to be aware of respecting one another and not jumping to conclusion­s about things,” he said.

St. Catharines Coun. Brian Heit said no question a mistake was made.

“It was a knee-jerk reaction. We have inexperien­ced staff. The CAO is fairly new. An acting clerk that’s fairly new,” he said.

“Another bizarre meeting at the council of the Region of Niagara, which doesn’t surprise me because it starts at the top.”

Heit said reporters leave their computers at the desk all the time and this was no different from any other meeting. They have never told them to take their computers out. While the issue of recording is a problem, he said they should have figured out who the device belonged to and dealt with the individual.

Thorold Region Coun. Henry D’Angela said Sawchuk didn’t violate any regional policy that he knows of by leaving his computer on the desk during closed session and shouldn’t have been asked to leave the building. “I don’t know what was discussed outside because council was in closed session but by confiscati­ng his computer, he’s presumed guilty of a wrongdoing and I think further investigat­ion should have taken place prior to doing that.”

But others said staff were being cautious because of the extraordin­ary violation by a person recording the meeting.

Niagara Falls Coun. Selina Volpatti said she believes staff handled the situation appropriat­ely. “Yes, I understand the issue of freedom of the press, and how critical that is to what we do, but this was a closed meeting and the matter had to be handled with great discretion,” she said.

Niagara Falls mayor and councillor Jim Diodati said the actions of staff were not meant to silence the media, rather it was to preserve evidence of a potential criminal investigat­ion.

“Someone discovered that the meeting was being recorded by a device,” he said. “They (staff ) became concerned there could be other devices possibly recording as well.”

The decision was made to contact police and Sawchuk was asked to leave the building

“They weren’t being accusative, they were being cautious. No one was trying to target anyone, they were trying to preserve the scene for the police to determine whether charges would be laid. There was no ill intent.”

Grimsby Coun. Tony Quirk said after finding someone tried to record the closed session, they may have taken an overabunda­nce of caution to ensure there was nothing on Sawchuk’s computer that could be used to record it.

He said council left it to staff and security to deal with issue.

“In today’s day in age when everyone’s recording everyone, our closed session items deal with identifiab­le individual­s and legal advice and all the things that go with it. We were not happy to think someone was trying to deliberate­ly record our meeting so I think we were being cautious about that because of potential litigation and those sort of things.”

He said if they hadn’t found a device that was actively recording, they probably wouldn’t have thought anything about Sawchuk leaving his computer there.

Grimsby Mayor Bob Bentley said they expect councillor­s and staff to behave and visitors, whether with the press or general public, to act with decorum as well.

“The fact some person or persons thought it appropriat­e to leave a recording device in a confidenti­al closed session is unfortunat­e for sure. It’s irresponsi­ble really is what it is,” he said.

Bentley said he couldn’t comment on whether the actions dealing with Sawchuk were appropriat­e or not because he doesn’t know whose devices were whose or what was on them.

“Whoever decided on what actions to take, I’m sure there were good reasons for it and I support whatever actions they took,” he said.

Port Colborne regional councillor David Barrick said he was disappoint­ed to see a member of the media apparently trying to record an in-camera meeting.

“To be clear, I’m not referring to the reporter from the St. Catharines Standard. I’m talking about the other individual,” Barrick said. That person was blogger Preston Haskell.

He said the Region’s clerk has the responsibi­lity to keep the integrity of confidenti­al meetings and that was solved by removing the device.

Fort Erie Coun. Sandy Annunziata said he can’t comment on whether the decision to bring in police and seize a journalist’s laptop and notebook was the correct course of action.

“I think this is uncharted territory,” he said. “Whether the response was appropriat­e or inappropri­ate, I really don’t know.”

Niagara Falls Coun. Bob Gale refused to comment on the situation.

“I can’t make any comments on it for two reasons, first, it was in camera and also I’m the chair of the police board and the police are involved so I cannot comment.”

Fort Erie mayor and councillor Wayne Redekop also said he couldn’t comment on any issues that arose from an in-camera meeting and St. Catharines Regional Coun. Kelly Edgar said he has no direct knowledge of what happened outside of council chambers.

St. Catharines Regional Coun. Tim Rigby said it is “unfortunat­e Bill just got caught up in enthusiast­ic caution.”

He said he couldn’t elaborate because of the in camera meeting.

Welland regional councillor George Marshall said he knows Sawchuk very well and there’s was no doubt in his mind that “any allegation­s of him being a villain are totally at odds with what I know about him.”

Welland regional councillor Paul Grenier said in all of his dealings with Sawchuk, he doesn’t think the reporter would ever be involved in committing a breach of journalist­ic ethics.

But, he said, council had to make sure it didn’t treat anyone differentl­y when the various items were seized by security in the chambers.

“My understand­ing is they let Bill send in his story first.”

Grenier said he didn’t think there was any intent to stifle the voice of the Standard.

“I wouldn’t be a party to that. It was an unfortunat­e consequenc­e caused.. by someone else.”

The Welland regional councillor said there’s no manual for council or staff to deal with something

like Thursday night’s situation.

“Bill got caught up in this and it’s unfortunat­e. Someone like Bill didn’t deserve this.”

Attempts to reach Port Colborne Mayor John Maloney were unsuccessf­ul. Councillor­s Gary Burroughs, Patrick Darte, Bruce Timms, Doug Joyner and Bart Maves could not be reached for comment. St. Catharines Mayor Walter Sendzik did not return phone calls.

Another bizarre meeting at the council of the Region of Niagara, which doesn’t surprise me because it starts at the top.”

Brian Heit, Regional councillor

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