Councillor DiMarco docked about $4,600 for verbal attack on Axiak
City staffer blocked emails from Welland Ward 4 representative
An apology email from Tony DiMarco to a senior city staffer following an outburst by the controversial Welland councillor last year never reached its intended recipient, the city’s integrity commissioner says.
In a presentation Tuesday, Deborah Anschell said then-community services director, now chief administrative officer, Rob Axiak had blocked the Ward 4 councillor’s emails and didn’t see the apology.
DiMarco tried to apologize for an outburst on Sept. 5 when, with the city’s livestream off and as he was being kicked out of council chambers, he said, “Axiak, you’ve got to go, buddy. You have screwed up every project you have touched in this city. Everything you touch, you have screwed up in the past two years. Get out of here.”
The councillor apologized to Mayor Frank Campion, another target of his outburst that evening, but was unable to get through by phone to Axiak.
Anschell’s report is the result of a code of conduct complaint against DiMarco by then-acting CAO Sherri-Marie Millar, the only person to approach the councillor in chambers in an effort to get him to leave before security arrived.
“In the matter that I investigated, the facts were very simple and undisputed in the sense the Coun. DiMarco made some comments to Rob Axiak at a council meeting that were the subject of a complaint,” said Anschell.
Her investigation and report was the second on DiMarco before city council Tuesday night. The first reprimanded him for breaches of the Municipal Conflict of Interest Act and city code of conduct.
DiMarco did not treat Axiak with respect, professionalism or courtesy, used abusive commentary and insulting words toward a staff member and showed a lack of decorum, said Anschell.
In the report, she said the councillor’s only explanation for his comments was he has a lengthy history with Axiak, and had a number of issues with his performance, identifying a list of 17 items that were not named.
Anschell recommended the councillor face a formal reprimand from his colleagues and a 60-day pay suspension.
DiMarco is now the subject of eight integrity commissioner reports since 2017 and has been docked 240 days’ pay in that time.
Ward 3 Coun. John Chiocchio said though he may agree with Anschell’s report, he didn’t agree with taking away someone’s pay.
“That’s just the way I feel. I don’t like the system because it doesn’t make sense to me.”
Chiocchio said withholding DiMarco’s pay still leaves the city in a hole with the cost of the reports.
Like Chiocchio, Ward 5 Coun. Claudette Richard wasn’t in favour of stripping DiMarco of his pay.
“That’s not to say I agree with the conduct of Coun. DiMarco. It’s sad it’s the only tool we have. The process needs to change,” she said.
Last year, council supported Bill 5, the Stopping Harassment and Abuse by Local Leaders Act, introduced by Stephen Blais, MPP for Orléans and the Liberal critic for municipal affairs and housing.
The bill, which did not pass, would have permitted municipalities to direct their integrity commissioners to apply to the courts to vacate a member’s seat for failing to comply with workplace violence and harassment policies, as well as restrict officials whose seat has been vacated from seeking immediate subsequent re-election, reappointment to council or local boards.
Before the vote on whether to suspend DiMarco’s pay, Campion said taking action is part of council’s job.
“If we don’t do something, it’s sending a really, really bad message to our staff. We’re sending a message to a staff that says, ‘Guess what? You can get yelled at, you can get harassed in council chambers, and it’s OK.’
“We all say, ‘I don’t support what he’s done,’ but I’m not going to suspend his pay either. Those are contradictory. You have to take a strong stand, and we need to tell our staff that you can work here safely without worrying because we’re going to do something when these things happen,” said Campion.
Council voted to reprimand DiMarco and suspend his pay for 60 days. Based on this year’s annual base pay for councillors, which is $28,041, the suspension represents a loss of about $4,600.
In mid-February Ontario Premier Doug Ford’s government said new legislation that could see local politicians thrown out of office for workplace harassment should be introduced before the summer.