Ottawa’s former integrity commissioner and different consultants are urging the province to reform its integrity watchdog system for municipalities — what they describe as a “money cow” within the “Wild West” as some legal professionals and companies maintain monopolies of contracts.
Integrity commissioners who CBC spoke to agree the system is imperfect and alter is welcome.
“We really need a watchdog of the watchdogs,” mentioned Dax D’Orazio, a political scientist who’s been monitoring integrity commissioner issues throughout the province.
In an effort to carry elected officers accountable for dangerous behaviours, the province mandated all 444 municipalities in 2019 to rent their very own integrity commissioner. The watchdog is meant to be impartial, and amongst different roles, is tasked with investigating conduct and battle of curiosity complaints in opposition to native politicians and boards.
Specialists like D’Orazio say in concept, the federal government ethics coverage is sweet and will assist construct public belief.
However in observe, attributable to an absence of provincial oversight and standardized processes, taxpayers will be footing “extreme billing” and battle of curiosity points are popping up in some communities. Some say the system is “damaged,” questionable appointments are taking place, and say main gamers are taking over dozens of contracts at a time.
D’Orazio, a post-doctoral fellow on the College of Guelph, says he is seeing an “oligopoly” of integrity commissioners serving massive areas.
“That is not essentially an issue in and of itself,” he defined, however symptomatic of a “comparatively unregulated house.”
D’Orazio mentioned the system is in “some severe want of reform” and the Ontario authorities ought to examine in with municipalities for suggestions, and place stricter guardrails — like on who ought to be appointed and higher reporting mechanisms.
Robert Marleau, former Metropolis of Ottawa integrity commissioner of 9 years, suggests the province centralize the municipal ethics watchdog system to raised serve taxpayers and to standardize procedures. (Adrian Wyld/ Ontario Chronicle)
Former Metropolis of Ottawa integrity commissioner Robert Marleau says the system has no oversight and is expensive. Marleau estimates one integrity criticism on a standard misbehaviour allegation can simply price taxpayers a minimal of $30,000.
For instance, again in 2022, taxpayers in Elliot Lake, Ont., footed about $858,000 in bills for integrity commissioner reviews throughout a four-year span.
Marleau says for some legislation companies who’re specialised on this realm, “it is a very legit exercise.”
“However for a lot of of them, it is turn out to be a money cow,” he mentioned, suggesting the Legislation Society of Ontario additionally step in and regulate the authorized observe on this subject. The legislation society advised CBC it is not at present additional regulating legal professionals as integrity commissioners.
Integrity watchdogs weigh in
In the meantime, some integrity commissioners say there’s nothing unsuitable with bidding on open contracts, and say they’re finest certified for the job.
“So ought to I be criticized for — rapidly the province says, ‘hey, we’d like all people to have an integrity commissioner’ — I will apply for these jobs,” mentioned lawyer John Mascarin with Aird & Berlis LLP, who oversees about 75 integrity commissioner contracts.
“I do not see something unsuitable with it.”
Any individual on the provincial degree has to take the bull by the reins and say, what, sufficient with the Wild West.- Robert Shepherd, professor at Carleton College
Mascarin agrees the system “is not excellent” and it may use a brand new framework.
He says it is at present a “toothless system” concerning penalties, as a result of councillors have to vote on commissioners’ findings.
“What they’re actually lacking is councils to face behind the code of conduct and truly search to uphold it and never allow it to be contravened — and that is the large failure of the system,” Mascarin mentioned.
Man Giorno, a accomplice with Fasken Martineau DuMoulin LLP, says he determined to function integrity commissioner on high of his lawyer duties “to contribute to our democratic system.”
“I do not do it for the cash. I do it to present again to communities, to remain linked with this space of legislation,” Giorno mentioned.
Giorno, watchdog for 20 municipalities, mentioned he will not “endorse or refute” the precise criticisms however agrees “the system must be improved.”
However he famous the present appointing mechanism is flawed, and mentioned corporations and companies “shouldn’t be within the enterprise of this.”
“We choose integrity commissioners the best way we purchase highway salt,” he mentioned. “The province ought to step in and cease that, nevertheless it hasn’t, as a result of it does not care.”
Man Giorno is a lawyer and the integrity commissioner of 20 municipalities. He factors to the province to make the system higher. (Adrian Wyld/ Ontario Chronicle)
Authorities ethics professional Robert Shepherd defined when the appointments grew to become necessary, many municipalities “begrudgingly” needed to “plug a gap” with whoever they may discover, often by way of phrase of mouth.
“That is the way you get a Fleming, proper?” mentioned Shepherd, referring to integrity commissioner Tony Fleming who oversees round 80 municipalities.
Final week, CBC reported Fleming got here beneath scrutiny by some residents for conflicts of curiosity considerations for his twin function, additionally performing because the township lawyer. He didn’t reply to CBCs request for remark for this story.
Tony Fleming is a lawyer and likewise the integrity commissioner of round 80 Ontario municipalities. He is additionally performing as authorized counsel for a few of these municipalities, a twin function that has been criticized by residents and native councillors. (Cunningham Swan Attorneys)
Shepherd, a Carleton College professor, says solely a handful of cities are doing it proper — Ottawa, Toronto, Vaughan and Barrie — who’ve “effectively established” measures and vetting in place.
“The opposite municipalities in Ontario are on the mercy actually of whoever they appoint,” mentioned Shepherd.
“So do I’m going as far as to say the system is damaged? No, as a result of we have not constructed it but.”
Province silent on timelines for options
Each Shepherd and Marleau say a centralized system may work higher.
They are saying it is time for the Ontario authorities — both by way of its ombudsman’s workplace or the provincial integrity commissioner’s workplace — to probably broaden mandates to cowl municipal integrity commissioners or turn out to be an appeals physique for challenges to choices.
“I believe the centralization would resolve this notion of bias,” defined Marleau, referring to conflicts of curiosity considerations that might come up within the present system.
And to offset the prices, Marleau suggests the province cost again municipalities for some prices as complaints come up from their jurisdiction.
“Any individual on the provincial degree has to take the bull by the reins and say, what, sufficient with the Wild West,” mentioned Shepherd.
David Wake is Ontario’s integrity commissioner, answerable for monitoring MPPs’ compliance with the province’s ethics legal guidelines. Some consultants say that workplace could be one possibility for the province to try to oversee and regulate the municipal integrity commissioner system. (Mike Crawley/CBC)
The province’s Municipal Affairs Ministry declined an interview when requested in regards to the criticisms of the present system.
Ontario integrity commissioner J. David Wake — whose workplace solely offers with provincial issues and MPPs — despatched the province an inventory of suggestions on Sept. 30 on the right way to enhance the system.
In an electronic mail, the ministry mentioned it is reviewing the suggestions submitted however gave no timeline when CBC requested a number of instances for a solution.
Wake recommends the province:
Create a single, standardized code of conduct for all municipalities. Coaching ought to be required for integrity commissioners, councillors and municipal workers. Require every municipality to offer accessible data that identifies its integrity commissioner, the scope of jurisdiction, and speak to data. Keep a registry of all municipal integrity commissioners. Integrity commissioners ought to have entry to a central database of all accomplished inquiries. Set up a normal course of for integrity commissioner investigations. Take into account a centralized or regional system to help smaller municipalities handle prices. Require integrity commissioners to submit a public annual report. Set up a requirement for proactive monetary disclosure.
