What we know about Ombudsman report
On Thursday night Niagara’s regional council will assemble behind closed doors to review the draft of the long-awaited Ontario Ombudsman report about the tainted 2016 hiring of now former chief administrative officer Carmen D’Angelo.
When councillors see the report, it will have been 440 days since Ombudsman Paul Dube launched his probe into D’Angelo’s hiring at Niagara Region.
Here is what we know, and we don’t, about the report:
WHAT WE KNOW
What did the Ombudsman investigate? On Aug. 30, 2018, Dube announced he would investigate circumstances of D’Angelo’s hiring. Regional council and more than 100 citizens asked the Ombudsman to investigate after months of reporting by The St. Catharines Standard showed that before and during the CAO hiring process, D’Angelo downloaded at least seven documents a candidate for the job should not have. These documents, largely created by members of then-regional chair Alan Caslin’s staff, included confidential information about other CAO candidates, interview questions and answers.
The Ombudsman is also investigating the secret and lucrative contract extension Caslin unilaterally awarded to D’Angelo, as well as how the Region handled the issue once it became public.
Over the course of the probe, The Standard learned Ombudsman investigators ordered councillor iPads be frozen and raided files of Niagara Peninsula Conservation Authority, where D’Angelo worked prior. What is an Ombudsman report? When Ontario’s ombudsman investigates a municipality, he produces a report that contains findings and recommendations designed to explain what happened and make improvements for the future. Why does the Region get to see a draft of the report? A municipality that was the subject of an investigation is always given a draft of the Ombudman report to provide a response to the findings and recommendations. Those responses will be included in the final draft publicly released by the Ombudsman.
Who else gets to see the draft? Regional councillors, along with the regional clerk and lawyer will be able to read the draft on Thursday. Under the Ombudsman’s Act, anyone who the Ombudsman feels could be negatively impacted by the report can also see a draft and provide a response. Potentially this means Caslin, D’Angelo and other key players in the controversy may have an opportunity to read the draft. Anyone who does is required to sign a strict non-disclosure agreement.
WHAT WE DON’T KNOW
Will anyone face charges? That won’t be clear until the report is released. The Ombudsman
has the power to charge anyone who obstructs his investigation under the Ombudsman’s Act, or otherwise provides false information to investigators. The Ombudsman also can refer some or all of an issue to police for further investigation. To date, the Ombudsman has never used these powers.
How did the Ombudsman conduct the investigation? Most of the details of the probe have not been released. In its June annual report, the ombudsman said his team had reviewed “thousands” of documents and conducted 45 interviews. Who the interview subjects were, however, won’t be known until the report is made public.
When will the report be made public? Unknown. Regional council has until Nov. 21 to file its response. Many councillors are anticipating the public release before Christmas. However, the Ombudsman does not disclose when a report will be released and only releases reports when the Ombudsman is ready to do so.