Municipalities have to walk a “fine line”

Luke Edwards

Grant Haven Media

Ongoing threats and legal action against Norfolk County are continuing to take a toll on the municipality, both financially and for county staff personally.

CAO Al Meneses provided an update to councillors at the April 28 meeting on the challenges staff face with what he considers “frivolous and vexatious” actions by residents against its municipal government. Following concerns that were raised in February, councillors authorized staff to write a letter to Queen’s Park requesting it consider modernizing rules and regulations to reduce the financial and administrative burden placed on municipal staff.

“In many cases these actions have been taken by individuals intended to harass or cause distress, lack seriousness or practical value or form the basis of other motives,” he said.

The update was prompted by a response from the office of Rob Flack, Minister of Municipal Affairs and Housing. In it, Flack mentioned provincial efforts to standardize codes of conduct and integrity commissioner process through Bill 9 as one of the ways the provincial government is trying to address concerns.

“Feedback from municipal stakeholders will help us ensure that municipal codes of conduct and integrity commissioner processes are an effective mechanism for all Ontario municipalities,” his letter reads. “Should Bill 9 pass, there may be opportunities for further discussion as we work to establish subsequent rules and regulations.”

Meneses said the onslaught of actions not only has a financial impact, but it also hurts morale among staff and may make it more challenging to attract and retain talent.

“In many cases some of those emails are veiled threats to staff,” he said, describing staff’s job as knowing the politics but not getting involved in the politics.

“It can be a challenge for some staff, feeling their job may be under threat.”

Coun. Alan Duthie called those attacks “very disturbing” and worried about the emotional toll it takes on them.

Financially, it also has an impact. Last year Norfolk spent more than $100,000 on legal fees, and while numbers were still being tallied, Meneses estimated a similar number for the amount of staff time spent responding to such accusations. This despite Meneses saying the courts have sided with them in every such case.

“We have not been found liable or guilty for anything,” he said, adding he’s confident pending cases will yield similar results.

When the municipality is exonerated in these cases, they can seek damages, but Meneses said cost recovery is often only half, and sometimes as low as a quarter of what they spent.

Coun. Linda Vandendriessche acknowledged the fine line municipalities have to walk. While undue attacks serves neither the municipality nor the public, she said council and staff must remain open to legitimate questions and concerns, and be transparent in their dealings.

“I want people to be enriched with what happens in this county,” she said.

“At the end of the day, be very civil with what you do.”

At the same meeting councillors also received Integrity Commissioner David Boghosian’s annual report. In it he said he investigated a code of conduct complaint from council regarding the leak of confidential information incident regarding the board of health merger, but otherwise received no code of conduct or municipal conflict of interest complaints last year.

He did receive inquiries from three members of the public, including one who made “several separate inquiries,” and provided advice to members of council and local boards. His services resulted in an annual bill of just under $3,300 to the County.