MPP Hillier scoffs at accusations he harassed town planning staff
‘Unwelcome’ comments fair criticism of slow building approvals, he says
It becomes meaningless when an unwelcome comment is equated with harassment.
Lanark-area MPP Randy Hillier engaged in workplace harassment with his “unwelcome” criticism of staff at Tay Valley Township, an independent investigator has concluded.
A confidential report from lawyer John Curtis, who spent three months on the case, was given to township council on Monday. It centred on allegations that three individuals, including Hillier and an unnamed councillor, had violated internal conduct policies and the Occupational Health and Safety Act.
The outspoken Hillier, who had criticized the planning and building departments at a township meeting on June 26, dismissed the finding as the work of a kangaroo court. “This has given me even more resolve to call a spade a spade.”
He had, in fact, refused to answer written questions from Curtis, calling the process a mockery.
“Mr. Curtis has determined that ‘you did engage in a course of conduct and comment that was known or ought reasonably to have been known to be unwelcome’,” reads a letter sent to Hillier. “This is the definition of workplace harassment in both the Program and the Act.”
Hillier strongly disagrees, saying that bringing forth the many concerns of constituents about the township’s handling of housing development is not only his job, but his duty as an MPP in a senior level of government.
“I haven’t ‘harassed’ anybody,” he said Wednesday. “It belittles the term harassment. It becomes meaningless when an unwelcome comment is equated with harassment.”
He said he knew his remarks might be “unwelcome” because they were critical of how the township’s staff were handling issues about building issues and planning matters.
How, he wondered, can a public servant work in the public domain — providing rationed public services — where there are policy guarantees that no “unwelcome” comment will be tolerated?
(To that end, Hillier later put out a news release suggesting the entire provincial auditor general’s report, released Wednesday and dealing with shortcomings in the running of Ontario, was no doubt “unwelcome” in many circles and possibly and act of harassment.)
The township investigation, however, said Hillier did more than criticize the employees but “unfairly called into question the competence and proficiency of Township staff and undermined their integrity.”
The letter sent to Hillier from township chief administrative officer Larry Donaldson said there was a pattern of criticism and that the MPP had been “cautioned” about this “type of behaviour” in March.
“Much of the information upon which you rely for your criticisms is inaccurate and the commentary about staff is disparaging. The impact of this behaviour is made even more harmful by the position and authority that you hold as MPP.”
The township, west of Perth, has a “Respect in the Workplace Program” that traces its legal standing to Ontario’s Occupational Health and Safety Act. Faced with a complaint that could not be internally resolved, the township says, it was required to seek an independent review. Similarly, it has a “councillor code of conduct” that kicked in after complaints about an unnamed councillor.
In an email reply, Donaldson said he could not be specific about what action the township would take to ensure the workplace was a healthy one when it comes to dealing with Hillier and others but assured there would be “remedial steps.”
Hillier told Postmedia in September that he’d received a “disproportionate” number of complaints about the building approval process in Tay Valley. He said he had at least twice sent his concerns via email to councillors or senior staff, had numerous phone conversations with various stakeholders in the industry and made a public presentation to council in June.
Tay Valley, he told councillors, has three people in the planning department, yet was only able to approve eight new homes in 2016, far below the growth in neighbouring municipalities.
Furthermore, he said players in the sector are afraid to speak up, making it doubly important that their MPP carry forward their concerns, without fear of retribution.
Complaints of workplace harassment appear to be on the rise in Ontario.
Though reporting is not mandatory, in 2014-15 the Ministry of Labour reported 902 harassment complaints in all workplaces, a number that rocketed to 1,986 in 2016-17.
Hillier — who receives no penalty for his transgression — says he has no plans to change the way he deals with municipal staff, which he claims is always civil and respectful.