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Integrity Commissioner finds no penalty necessary for mayor’s breach of code

May 26, 2022   ·   0 Comments

By Sam Odrowski

The results of an investigation by Orangeville’s Integrity Commissioner regarding a complaint against councillors and the mayor found there was a breach of the Town’s Code of Conduct, but the errors were made in good faith, so the recommendation is there should be no penalty.

The complaint stemmed from Graciela Cardenas-Mustapha who delegated to Council on Nov. 22 and shared her opposition to the Town’s vaccine mandates and passports.

The Integrity Commissioner report, prepared by the Town’s Integrity Commissioner Charles Hanick, noted that Mayor Brown took issue with the contents of Cardenas-Mustapha remarks to Council on Nov. 22 and terminated her delegation. This prevented her from completing the five minutes to speak she was allotted and entitled to.

No member of Council rose on a point of order to challenge Mayor Brown cutting off Cardenas-Mustapha early and as a result a complaint was also filed against Coun. Taylor, Coun. Peters. Coun. Post, Coun. Sherwood and Coun. Andrews.

In Hanick’s discussion with Mayor Brown for his complaint investigation he said he acknowledged he should have proceeded differently and permitted the complainant to complete her delegation.

Hanick said he believes Mayor Brown is apologetic for his actions at the Nov. 22 Council meeting, and he was “wrongly intolerant” of any opinion contrary to the COVID-19 vaccination policy. This was because what was most important to Mayor Brown was keeping the community safe with these policies, according to Hanick.

As a result, Hanick’s report concluded that Mayor Brown’s contraventions were committed through an error in judgement made in good faith.

“The Mayor is apologetic for his behaviour and I would therefore recommend no penalty in the circumstances,” the Integrity Commissioner report concluded.

Overview of delegation

Cardenas-Mustapha started her delegation asking why the Town of Orangeville is “allowing and enforcing and encouraging the violation of our fundamental rights and freedoms”.

She told Council that no municipal regulation supersedes provincial or federal laws and the vaccine passport is to be enforced by Public Health officers, not the municipality.

“Anyone enforcing the regulation and the mandates are acting as public officers including businesses and staff, and therefore must adhere to the Canadian Bill of Rights and the Criminal Code of Canada,” she said.

Cardenas-Mustapha continues, stating that there’s no scientific proof that vaccine passports stop the spread of COVID-19, and that people who are vaccinated against the virus can still become infected and spread it.

“The harm done by the vaccine passport reaches far into our businesses’ daily life, and it divides our community,” said Cardenas-Mustapha. “Discrimination, segregation, medical apartheid, are far reaching and how traumatizing for those people who have chosen differently [than to get vaccinated].”

In her final comments, Cardenas-Mustapha claims the policy “promotes and incites hate and anger among those who believe that their choices should be imposed onto others.”

She added, “This harm that you are promoting and encouraging goes against every principle based on a free and democratic society. It is unfortunate that you are making decisions based on your personal fears and not on real facts. It is also unfortunate that you’re not making the right decisions for the benefit of all of the people that elected you and all the people that you represent.”

After Cardenas-Mustapha made one final comment regarding the municipal policy breaking pre-existing laws and regulations, Mayor Brown said, “Ms. Mustafa, I’m going to cut you off.”

Mayor Brown added, “I think we’ve heard enough. We’ve received your documentation, and I completely refute everything you’re saying, so I’m going to cut you off now.”

Cardenas-Mustapha asked if she could not speak for her full five minutes, which is the time allotted for any resident who makes a delegation before Council.

She asked, “Do I have the right to speak?”

Mayor Brown again responded that he has received her documentation, regarding her views on the issue, and understands her position but is completely opposed to what she’s said.

“The medical science, the public health record is there, and we are following public health officials where we’re following medical science,” he said.

Cardenas-Mustapha replied, “you’re also violating the laws”, which Mayor Brown said, “No, we’re not. Absolutely not Ms. Mustafa” and told her that the presentation was over.

After that Council moved on to the next item on their agenda.

Facts

Hanick’s report declared the facts surrounding the incident were that the complainant, Cardenas-Mustapha followed all proper procedures to deliver her delegation and provided a letter that was included in Council’s public agenda for the Nov. 22 meeting.

Mayor and councillors received the letter in advance, which allowed them to be prepared for the Council meeting.

“The contents of the complainant’s letter were controversial in that the letter challenged Council on its Covid-19 vaccination policy passed on September 27, 2021 and made allegations that Council breached various laws,” said Hanick in the Integrity Commissioner report.

“On November 22, 2021, the complainant attended at the Council meeting on the Microsoft Teams videoconference platform and proceeded to read her letter to Council. The Mayor stopped her a few minutes into her delegation. In an aggressive manner he told her she was done and that her delegation was finished.”

Analysis

The complainant, Cardenas-Mustapha alleged sections 5 (3.2), 12.2, 14.2, and 14.3 of the Town of Orangeville’s Code of Conduct for Council, Local Boards and Committees have been breached.

Section 5 covers the responsibilities of board and committee members and (3.2) of it states members will conduct their dealings with each other in ways that maintain public confidence in the office they have been elected or appointed, are open and honest, focus on issues rather than personalities, and avoid aggressive, offensive or abusive conduct.

Section 12.2 is regarding conduct at Council meetings and says councillors shall conduct themselves with decorum and have respect for delegations and fellow members and staff.

Section 14.2 covers respect for others and states, “members [of Council] shall treat every person, including other members, the public, staff and volunteers, with dignity, understanding and respect”.

While Section 14.3 says, “All members have a duty to treat members of the public, one another and staff appropriately and without abuse, bullying or intimidation.”

In Hanick’s interview with Mayor Brown, he readily admitted that in hindsight he should have let the complainant speak and noted his very strong feelings about the correctness of the Town’s COVID-19 vaccination policy. He said he felt Council had to keep the community as safe as possible.

“To be challenged with allegations that he and Council had acted criminally and contrary to a myriad of other laws in passing the Covid-19 vaccine policy, caused his reaction to the complainant,” stated the report. “The Mayor also acknowledges, again in hindsight, that the complainant was entitled to express her opinion regardless of whether or not he agreed with the complainant.”

Therefore, Hanick found that Mayor Brown did indeed breach Section 12.2 for not showing respect or courtesy for the complainant’s delegation and not conducting himself with decorum. Section 14.2 was also breached, according to Hanick, “by not treating the complainant with respect based on a difference of opinion and by aggressively interrupting the complainant’s delegation and not permitting her to complete the 5 minutes of her submissions to which she was entitled.”

However, Hanick found Mayor Brown did not breach Section 14.3, as he believes the conduct during the short period did not amount to abuse, bullying or intimidation.

Hanick’s report noted the interaction was unexpected, short, and councillors were taken by surprise.

Coun. Todd Taylor is quoted in the report as saying, “The exchange between Brown and [the complainant] happened very quickly. I was caught off guard by the aggressive behavior exhibited – anyone who watched would have been equally surprised by the behavior of both individuals”.

In light of this, Hanick found no wrongdoing from councillors and a penalty for Mayor Brown wasn’t recommended as he believes this was an error in judgement, made in good faith.

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