Norfolk council, staff push back on integrity commissioner
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Some members of Norfolk council are pushing back on the county’s integrity commissioner in the areas of commentary and cost.
Simcoe Coun. Ian Rabbitts has been anxious to comment on Toronto lawyer John Mascarin’s 2020 annual report since it came to council April 13.
Rabbitts got his opportunity on April 20, at which time he put on the record his objections to Mascarin painting council with broad strokes when it comes to integrity and its alleged tolerance of questionable behaviour.
“I, myself, have spoken out when a member has breached our code-of-conduct, discussed apologies, and have not been an ‘enabler of bad behaviour’ through my actions,” Rabbitts said. “I think our integrity commissioner does not have a monopoly on the use of the word ‘integrity.’”
CAO Jason Burgess also takes exception to the language Mascarin has employed in the two year-end reviews the latter has produced since he was hired in early 2019. Burgess will elaborate on his concerns in a report on May 11.
Burgess objects to Mascarin’s insinuation of “flagrant disrespect for ethical behaviour” in the 2020 review even though the integrity commissioner investigated only two complaints last year. Both were closed without sanction.
“One of the issues was the question of how he arrived at certain conclusions and the commentary he added on those conclusions and whether that was appropriate,” Burgess said.
Last year, Burgess presented a similar complaint to Ombudsman Ontario about Mascarin’s 2019 review. The Ombudsman’s office declined to get involved. Burgess told council Tuesday he recently attempted another avenue of appeal which was also rejected.
“We did reach out to other integrity commissioners,” Burgess said. “And what I will tell you is that we really can’t get a peer integrity commissioner to review the report. So council will have only limited choices if it has issues with the integrity commissioner.”
Tuesday’s critique occurred against the backdrop of news that a partner of Mascarin’s at the Toronto law firm Aird and Berlis – N. Jane Pepino – is a first cousin of Port Dover Coun. Amy Martin. Norfolk County received confirmation of this April 12. Staff is preparing a report on the potential implications of this which will also be presented on May 11.
In email correspondence with the county and The Simcoe Reformer, Mascarin gives assurances that this familial connection has had no impact or influence on the discharge of his duties on Norfolk’s behalf.
Norfolk Mayor Kristal Chopp questions whether assurances are good enough. She said public perception is important when it comes to matters of integrity and ethics.
Chopp noted that former Brampton integrity commissioner Guy Giorno resigned after the 2018 municipal election because the city’s new mayor – former Ontario Progressive Conservative leader Patrick Brown – was a friend and colleague.
“Perception is important,” Giorno said in his resignation letter. “Public confidence in the integrity commissioner’s objectivity is essential.
“While this step makes me the first integrity commissioner in Canada to resign to avoid the perception of conflict following the election result, it is the responsible and ethical imperative.”
For his part, Turkey Point Coun. Chris VanPaassen is disturbed by the cost of Mascarin’s services.
On April 20, VanPaassen noted that Aird and Berlis billed Norfolk County $35,270 last year to investigate two complaints that were dismissed. Of this, $3,300 was billed for producing the 2020 annual report, which runs to eight pages.
“It seems a little expensive for the effort that goes into it,” VanPaassen said.
In his latest report, Mascarin notes he provided advice on matters of integrity to four council members, “some on more than a single occasion.”
Mascarin’s office also fielded 21 inquiries in 2020 from county staff, the public, and the media.
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