Integrity chief biased, Di Biase lawyer claims

Attorney says Vaughan deputy mayor was not ‘fully informed’ during probe of city-tendering process

The lawyer for Vaughan Deputy Mayor Michael Di Biase argues that the city’s integrity commissioner was biased, acted unfairly and did not give the councillor sufficient time to respond to findings in a scathing report about him released last week.

Suzanne Craig’s investigation found that the veteran politician and former mayor had interfered in a city tendering process and intimidated staff who pushed back. “It would appear that your desire to have the report made public had and has overtaken your duty of fairness to my client,” defence lawyer Morris Manning said in a response to Craig’s interim code-of-conduct investigation into Di Biase’s actions.

The report, to be presented at a council meeting Tuesday afternoon, was the result of a four-month probe sparked by a complaint from longtime city hall watcher Richard Lorello. Craig found that Di Biase had used intimidation and abusive language to pressure city staff, who opposed his interference in the tendering process and his efforts to secure municipal projects for a local contracting company.

In a response sent Monday, Manning said Craig should not file her report to council and an “unbiased person” should take over the investigation. “You have clearly used your prior dealings and private conversations with my client to somehow support allegations which you recognize are not provable, in order to justify your recommendation,” Manning wrote. “In that regard, I ask that you not file your report and remove yourself from this matter,” he said.

“The entire matter should be turned over to an independent and unbiased person who has not had dealings with my client and who will follow the rules of natural justice.”

In a closed-doors meeting Monday to discuss Craig’s expired contract, councillors voted to extend her appointment until 2018. Di Biase did not attend. “The integrity commissioner has my full confidence,” Mayor Maurizio Bevilacqua said following the meeting. “She has made a significant and valuable contribution to the ac- countability and transparency of our council.

“Her office is an essential and vital component of our city’s governance framework, anchored by high ethical standards and conduct,” he said.

In his seven-page response to Craig, Manning says Di Biase was not given enough time or information to properly defend himself against Craig’s allegations. He said he asked for the evidence Craig used during her investigation, but she did not comply.

“The lack of complete disclosure of all of the information and documentation resulted in a nontransparent investigation process that significantly prejudiced my client by finding that he had committed serious wrongdoings,” said Manning. “Complete disclosure was necessary to allow Councillor DiBiase to be fully informed of all the details regarding the manner in which the investigation was conducted in order to fully answer the allegations and to demonstrate your decision was wrong.

“Without having all of the evidence, he simply cannot respond.”

Craig’s interim report to council does not offer council recommendations for discipline. She said she was awaiting a response from Di Biase’s lawyer before submitting a final version of the report to council. It’s unclear if an updated version of the report will be before council on Tuesday, or be submitted to the city clerk later in the week.

Di Biase did not respond to a request for comment.