Council rejects integrity commissioner's recommended sanctions for Ehgoetz

By Galen Simmons

Perth County council has declined to formally reprimand Coun. Rhonda Ehgoetz or suspend her pay after the county's integrity commissioner found she breached multiple provisions of council's code of conduct stemming from a contentious forestry-bylaw debate earlier this year.

Instead, following a presentation by integrity commissioner John Mascarin and lead investigator Meghan Cowan of Aird & Berlis LLP at its July 2 meeting, council voted only to require Ehgoetz to remove the Facebook posts that formed part of the investigation. Council voted against recommendations to formally reprimand Ehgoetz and suspend her remuneration for 20 days.

The investigation arose from three formal code-of-conduct complaints related to Ehgoetz's actions before and after a special county council meeting on Feb. 12, when council debated the future of the county's forestry bylaw. Those complaints focused on an email Ehgoetz sent to all members of council before the meeting outlining the motion she intended to introduce, as well as subsequent Facebook posts and comments she made to Grant Haven Media that were published in the St. Marys Independent, among other papers, criticizing Warden Dean Trentowsky and alleging the meeting recording had been "doctored."

“To be absolutely clear, the recommendations are actually the only matters before council for consideration this morning,” Cowan said. “Council is the decision-making body and is entrusted with enforcing its cord of conduct. As noted, we have investigated the complaint and have produced a report that details its findings and conclusions. We saw fit to make recommendations in this case.”

In their report, Mascarin and Cowan concluded, on a balance of probabilities, that Ehgoetz contravened multiple sections of the county's code of conduct, including provisions requiring councillors to act in good faith, respect council's decision-making process, refrain from making derogatory comments and exercise sound judgment when communicating publicly. The investigators found no breach of the code's workplace harassment provision.

The report found Ehgoetz's Feb. 11 email, sent to all members of council ahead of the special meeting, amounted to "a deliberate attempt ... to get 'in front' of the debate" by advancing council business outside of a public meeting.

"As an experienced member of council, and indeed as the former warden of the county, the councillor ought to have been very well aware of the procedures expected of members of council," the report states.

Investigators also rejected Ehgoetz's assertion that Warden Dean Trentowsky bullied her during the Feb. 12 meeting after he warned council about the potential implications of her email.

"We do not agree at all with this view," the report states. "In our opinion, the warden was making council aware of an issue that he believed was a concern and, as chair of the meeting, he was entitled to do so."

The report further concluded Trentowsky "remained calm but firm and did not disrespect the councillor," adding Ehgoetz "overreacted in labelling the warden a 'bully.' "

Investigators also found Ehgoetz's public allegations that county staff had "doctored" the council meeting recording were unsupported and should never have been made without first seeking clarification from staff.

"If the councillor had concerns about the recording and posting methods of council meetings, she could have made appropriate inquiries with staff," the report states. "She did not and instead repeated her unfounded assertions without taking steps to attempt to educate herself about the process."

In recommending sanctions, the integrity commissioner noted Ehgoetz's long experience in municipal government, including her previous service as county warden, her refusal to apologize and the fact the Facebook posts remained publicly accessible months after they were made.

The report recommended council formally reprimand Ehgoetz, suspend her remuneration for 20 days – 10 days for sending the email and 10 days for her public comments – and request she immediately remove the Facebook posts.

“The only thing I have to say is I do not agree with the recommendations, and I have nothing more to say,” said Ehgoetz at the July 2 meeting.

Earlier in the meeting, the councillor and Perth East mayor declared a conflict of interest with the agenda item and did not vote on the matter but was given a chance to comment on the integrity commissioner’s recommendations. The warden, meanwhile, stood down as chair of the meeting, handing proceedings over to past Warden Doug Kellum, while the integrity commissioner’s report was being discussed.

In response to the report, Ehgoetz provided written submissions to the integrity commissioner defending her actions, maintaining throughout the investigation that her email was intended only to point out what she believed was a procedural discrepancy regarding the forestry bylaw and not to influence council's decision. She also reiterated concerns about how the Feb. 12 meeting was handled and argued the integrity commissioner should also have examined the conduct of the warden and county staff, though the report notes those matters were outside the commissioner's jurisdiction because no complaints had been filed against them.

Following discussion, council rejected the recommended reprimand and pay suspension, opting only to direct Ehgoetz to remove the Facebook posts identified in the report.

“Unfortunately, we’re in a position that does not put the county in very good light, I believe,” Coun. Bob Wilhelm said. “I think that probably Coun. Ehgoetz has been through enough and I don’t agree with any of these recommended penalties.

“ … I think Rhonda’s been through enough.”

Council's decision brings the integrity commissioner's investigation to a close, though the findings remain part of the public record.

Ehgoetz announced on her personal Facebook page earlier this year that she would not run for re-election as Perth East mayor in the Oct. 26 municipal election, making this term her last as a member of Perth County council unless she seeks re-election again in the future and is once again appointed by Perth East council to serve on county council.