Hamilton axes $100 fee for filing complaints against city councillors
Published June 8, 2022 at 7:36 pm
It will no longer cost a hundred bucks to file a complaint against a city councillor in Hamilton.
On Wednesday — prior to heading into a closed session for some two hours to discuss withholding city documents from the ongoing Red Hill Valley Parkway inquiry — councillors voted 9-4 to remove the $100 administrative fee for filing a complaint with the integrity commissioner. A recent leter from Ontario’s Ombudsman Paul Dubé had called the fee a “barrier” to criticism of the elected leadership in the city, although it was refunded if the complaint was found to be valid.
(Hours later, that vote on documents germane to the RHVP Inquiry passed 7-4.)
Ward 9 Coun. Brad Clark and fellow Couns. John-Paul Danko (Ward 8), Jason Farr (2), Brenda Johnson (11), Nrinder Nann (3), Judi Partridge (15), Maria Pearson (10), Arlene Vanderbeek (13) and Maureen Wilson (1) voted in favour of the motion to remove the $100 free. Clark, who moved the motion, noted that Dubé was offering advice as an independent officer of the Ontario legislature. The Stoney Creek-area representative added that $100 out-of-pocket is a different obligation to many Hamiltonians than it is to a politician.
“When the ombudsman (Dubé) writes to us and raises this as an impediment and a contradiction to the democratic process, I think it’s something we should pay attention too,” Clark said. “When the ombudsman advises us that this may deter people, we should listen. A hundred dollars for us might not be much money. But for many people living in Hamilton, disposable income is something that is lacking in the current economy. Would they have $100 available because a councillor breached the code of the conduct? … That’s the kind of impediment that the independent officer of the legislative assembly is identifying.”
Municipalities around the region charge between $36 and $200 to file a complaint with the integrity commissioner.
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Couns. Lloyd Ferguson (Ward 12), Tom Jackson (6), Esther Pauls (7) and Russ Powers (5) voted against the motion. Jackson noted he was subject to a “six-month ordeal” after complaints to the IC were filed against him in 2008 and he was ultimately cleared.
Ferguson also said during debate there is a history of residents abusing the system. He characterized the fee as an effective deterrent.
“History has shown us that a number of these complaints that come in against council are vexatious and frivolous,” Ferguson said. “It’s very unnerving, because in my experience the complainant runs immediately to the media to say he filed a complaint. So they are able to achieve their objective, which is to get some attention on this matter and try to embarrass members of council … it just puts a shadow of doubt on them. Clearly there’s been abuse of this in the past. This (the $100 fee) is the only check-and-balance we have… it’s called a fee but it’s really a deposit. Even someone has low income, you can get five people to each put $20 on the table for a month.”
“Also, the ombudsman has no jurisdiction here,” Ferguson added. “It’s not his reputation that’s on the line here — it’s ours.”
Mayor Fred Eisenberger and Couns. Sam Merulla (4) Terry Whitehead (14) were not present on Wednesday.
The Red Hill inquiry pertains to the cover-up of Tradewind Scientific’s 2013 friction report regarding the city-run roadway. Justice Herman Wilton-Siegel is heading up the investigation that will examine how a scathing report about safety on the RHVP stayed buried for six years. The key questions include who saw the report, why councillors were not told and if motorists and passenders were put in physical jeopardy. The first phase of the inquiry is expected to last until August.
The seven councillors who voted to keep a report confidential were: Danko, Farr, Jackson, Johnson, Pauls, Pearson and Powers.
Clark, Nann, Partridge and Wilson voted against doing so.
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