As one Barrie councillor faces employment-related sexual harassment allegations, another councillor wants the city to support a provincial bill to create a process for municipal councils to remove members who violate workplace violence and harassment policies.
Coun. Mike McCann faces a $200,000 civil lawsuit filed by Amanda Kelly, a senior business innovation and entrepreneurship officer with the city, citing three alleged instances in the statement of claim filed Jan. 17 in Ontario Superior Court. None of the allegations have been tested or proven in court.
At their next meeting on Monday night, Barrie councillors will consider a motion to endorse the Stopping Harassment and Abuse by Local Leaders Act, a private member's bill from Liberal MPP Stephen Blais, which passed second reading in the legislature March 9.
The motion comes to city council from Coun. Keenan Aylwin as an item for discussion. Generally speaking, the Ward 2 councillor said municipalities need "stronger tools" to effectively protect workers.
“This isn’t just about one incident. Our society and political system rewards and perpetuates harmful, abusive behaviour by those in positions of power,” Aylwin told BarrieToday. “All workers deserve a workplace free from violence and harassment. Currently, there is no mechanism to remove a sitting elected municipal councillor who violates workplace violence and harassment policies.
"This level of impunity is unacceptable and creates an unsafe work environment," he added.
Aylwin was asked by BarrieToday if his motion is in any way aimed at McCann.
“The city’s legal department has instructed council to not speak publicly about specifics, but I believe my actions at council speak louder than my words on this," he said.
McCann could not be reached for comment by BarrieToday, despite numerous attempts by telephone, text and e-mail.
Aylwin said his actions include a March 28 council motion to increase the size of the Heart Barrie landmark sign’s heart to 10 feet tall, instead of eight, with the letters remaining eight feet tall. McCann is fundraising the sign’s $200,000 cost.
Aylwin tried to amend the motion by referring it to a future general committee meeting and have staff provide a memo with information on the full cost of terminating its contract, calculate the full city cost incurred to date and finding a way to return donations.
“I strongly believe that the only appropriate and responsible course of action tonight is to pump the brakes on this project considering the serious allegations (against McCann) that were published over the weekend,” Aylwin said at the March 28 council meeting.
The amendment lost 7-4.
In late 2020, a settlement was reached relating to an internal investigation into workplace harassment involving an unnamed Barrie councillor and a city employee. What the settlement was and who is involved was not part of the motion council passed. The councillor and employee have not been formally identified.
McCann did not attend the city council meeting when the settlement was approved and declined comment later.
BarrieToday made a Municipal Freedom of Information and Protection of Privacy Act request for the finalized minutes of settlement and other associated documentation. In its response, the city ruled "the records associated with your request are being withheld completely."
Bill 10 would amend the Municipal Act of 2001 to require the code of conduct for municipal councillors and members of local boards to include a requirement for those councillors and members to comply with workplace violence and harassment policies. It would permit municipalities and local boards to direct the integrity commissioner to apply to the court to vacate a member’s seat if the commissioner’s inquiry determines that the member has contravened the code of conduct by failing to comply with the workplace violence or harassment policies.
The bill also proposes that a final decision be made by a Superior Court judge. These applications may not be made during regular elections.
The Stopping Harassment and Abuse by Local Leaders Act would need to pass third reading before the provincial election writ drops May 4 to become law. A writ is the formal, legal document that starts a provincial election in Ontario.
Once the writ is dropped, very little government business gets done until the election is held and the next government gets organized. That would likely be next fall following the June 2 provincial election.
