Integrity report recommends Elliot Lake councillor be asked to resign, mayor should face reprimand

ELLIOT LAKE - It had all the makings of TV drama including intrigue, mistruths, misrepresentation, public grandstanding, false internet postings, betrayal and leaks of confidential documents and information.

In a blockbuster 31-page report following its investigation into complaints about City of Elliot Lake Councillors and City committee member Tammy Van Roon, Elliot Lake Integrity Commissioner E4m of Sault Ste. Marie addressed some 102 alleged breaches of the city's Code of Conduct and the Municipal Conflict of Interest Act (MCOIA) that it investigated in the period between March 4 and May 15 this year. 

In fact, the only member of Council nobody complained about was Tom Turner.

The report was released Thursday night at a Special Meeting of Elliot Lake City Council.

Two councillors, Chris Patrie and Ed Pearce, will face court proceedings. In all there were 7 complainants and 23 complaints. The report authored by E4m investigator Sean Sparling and Consultant Peggy Young-Lovelace noted, "We are very disappointed that many of the complaints we have investigated will be substantiated."

They went on, "The City will be the applicant in what appears to be the first of two Bill 68 court proceedings under MCOIA (against Councillors Patrie and Pearce)."    

They noted that 71 percent of the complaints they looked into were made by City of Elliot Lake politicians. 

The report concluded, "It is clear to us that Council is fractured. There is a split within this group that followed how these complaints were made. The "side" they were on in regards to the purchase of 151 Ontario Avenue, dictated who they complained about." 

The report further stated, "It seems very unlikely that any of these complaints would have been made had it not been for the purchase issue and its surrounding events." 

Summing up, E4m said, "Sadly now Elliot Lake taxpayers have to bear the cost of the largest number of complaints and investigations that we have seen from any of the 54 municipalities that we act for as Integrity Commissioner since March 1, 2019." 

Mayor Dan Marchisella had one charge of doing staff members work in relation to AstroRabbit substantiated: one charge of disclosing confidential information to Mr. Levon Nazarian re: purchase of 151 Ontario Avenue; substantiated, and two complaints of misconduct for a social media post and attendance at the Royal Canadian Legion substantiated.

The report stated, "We recommend that Mayor Marchisella receive both a reprimand and that his remuneration as a member of Council be suspended for the period of 1 month. We further recommend that within 60 days, all of Council receive training with respect to requirements for confidentiality of in camera information and other private information that Council will obtain in the course of their duties."

For Councillor Ed Pearce, Conflict of Interest re: Pecuniary Interests of ELNOS Board and Member of a Body was substantiated. The report noted Councillor Pearce was trained with respect to his duties as a “member of a body”.

“Notwithstanding his training, he continued to participate in Council meetings where ELNOS had a pecuniary interest in the matter in question,” the report said. 

For Pearce, Misconduct towards Councillor Chris Patrie was also substantiated, however, the alleged violation occurred on December 19, 2018 which is prior to the adoption of this Code of Conduct. 

Councillor Chris Patrie was found to have breached multiple provisions of the City’s Code of Conduct. The Municipal Act, 2001 prescribes that the maximum financial penalty that Council may levy for a breach of the Code is a suspension of Councillor Patrie’s council pay for up to 90 days. Council can decide to suspend Councillor Patrie’s remuneration for up to 90 days for each individual breach that he is found to have committed.

All the suspensions are for a total of eight months. 

Patrie’s Conflict of Interest re: indirect pecuniary interest for the purchase of 151 Ontario Avenue and the hub complex was substantiated and E4m as Integrity Commissioner will commence an application pursuant to section 8 of the Municipal Conflict of Interest Act (MCOIA) against Councillor Patrie, The report states that Patrie took steps, in Council meetings and out, to thwart Council’s decision to purchase the property at 151 Ontario Avenue and propose the property adjacent to property owned by a corporation in which he is a director and officer.” (re Mount Dufour Ski Hill).

The report went on, “In addition to the suspension, we also recommend that Council resolve to ask for Councillor Patrie’s resignation from Council and that Council remove him from any and all municipal committees, boards or commissions.” 

Regarding former Councillor, now Commissioner, Tammy Van Roon the investigation substantiated Disclosure of Confidential Information against her in regard to this investigation and associated investigations.

The report stated, “Ms. Van Roon revealed confidential information and should be reprimanded for this breach. It also substantiated misconduct re: offensive social media posts and subverting Council in on the purchase of 151 Ontario Avenue and recommended, “That the City adopt a social media policy for Council, members of committee and local boards within 120 days.”  

Continuing regarding Tammy Van Roon, the report added, ”Ms. Van Roon specifically participated with Councillor Patrie in attempting to subvert Council’s decision with respect to the purchase of 151 Ontario Avenue by indicating that the purchase of the property breached the Real Estate and Business Brokers Act when she knew, or ought to have known that the allegation was untrue. Ms. Van Roon is a practicing Real Estate Agent and should have been familiar with the operation of this statute. It is recommended in the circumstances of all of the breaches by Ms. Van Roon that she immediately be removed from all committees, commissions or boards of Council and that she not be considered by Council to fill any vacancies that may appear on Council. Further that Council lodge a complaint to the Real Estate Council of Ontario (RECO) regarding Ms. Van Roon’s behaviour.” 

Misconduct charges against Councillors Sandy Finamore and Norman Mann regarding the March 6 Council meeting were each ruled unsubstantiated. 

As reported prior to the release of E4m's full report, complaints by Patrie against Marchisella and Councillor Luc Cyr were both found by the investigators to be unsubstantiated. The estimated cost of the probe through was $56,000 til July 31. 

Ironically, other than court proceedings, members of City Council will be asked to rule on what sanctions will be applied against them, if any, from the E4m findings at a future Council meeting, likely on September 23.