A Whitby councillor at the centre of a political firestorm over an alleged “secret meeting” on Oct. 7 has accepted an ombudsman’s report that no violation of the Municipal Act took place.
Regional Councillor Chris Leahy, however, said the details of an investigation of the meeting and its Municipal Act implications that were released by Whitby Mayor Elizabeth Roy Wednesday left out some important nuances.
The October fireworks happened after Leahy claimed ally and council colleague Steve Yamada was mistreated during his tenure as deputy mayor due to his race.
Yamada, who is of Japanese descent, served in the mostly ceremonial title in the spring before the summer break – a time when council altered its procedure for the rotating deputy mayor position.
Yamada resigned his post after the change and during a council discussion to confirm Niki Lundquist as deputy mayor, Leahy derailed the conversation with allegations of racism and accused other councillors of subjecting Yamada to microaggressions due to his heritage. Roy interrupted, demanding Leahy apologize or leave the chamber. Leahy refused to do either and the meeting was adjourned after a brief recess.
During the recess Roy convened a meeting “behind closed doors” in the councillors’ offices that was attended by CAO Matt Gaskell, Town Clerk Chris Harris and every member of council except Leahy and Yamada.
Whitby councillors Chris Leahy and Steve Yamada
That prompted Leahy to file a complaint with the Local Authority Services branch of the Association of Municipalities of Ontario and Toronto law firm Aird and Berlis was subsequently hired to investigate the allegations.
The report, which will be released in its entirety at the Dec. 16 council meeting, appears to exonerate Roy.
“The review has been completed and confirms what I have maintained from the outset: no closed council meeting was held on Oct. 7 and no violation of the Municipal Act occurred,” the mayor said Wednesday.
“I am deeply disappointed that false and damaging allegations were presented as fact in a media release issued by regional councillor Leahy on Oct. 8 without verifying their accuracy or waiting for the results of an investigation.”
“This approach was premature, creating the potential for confusion and mistrust among the people we are elected to serve.”
But Leahy said the recommendations from Toronto law firm Aird and Berlis “vary greatly” from Roy’s official statement. “I am not sure why, but the recommendations to not have any more private meetings was excluded from the mayor’s media release.”
Leahy highlights a paragraph – “buried on the last page of the report” – that recommends council not hold meetings “behind closed doors” at council meetings.
“Despite our finding that the recess did not constitute an illegal meeting, we strongly advise against gathering as a quorum behind closed doors during the course of a council meeting.”
Leahy conceded that “while that specific meeting was not deemed illegal” in the strictest terms, the advice from the ombudsman is to “never hold such a meeting again.”
“I have always firmly believed in transparency, even when I am wrong. The ombudsman did not agree that the meeting was illegal but agreed that the meeting was inappropriate and should never happen again.”
Whitby Mayor Elizabeth Roy
Roy made her feelings on the allegations clear in October, calling them “baseless and reckless.”
“I am deeply alarmed that a councillor would make such an egregious allegation against myself, fellow councillors and members of town staff without any evidence in support,” she said on Oct. 8. “The issue at hand, which councillor Leahy is attempting to distract from, is his completely inappropriate accusations and behaviour, which undermine the public’s trust in local government.”
Leahy said his lawyer wrote a letter threatening legal action if the offending statements made by Roy weren’t removed.
“To add insult to injury, the Town of Whitby posted a libellous statement on the town website assailing my character and besmirching my professional reputation, in part, because I filed a complaint about the secret meeting,” he added. “I am hoping that the mayor and the bureaucrats who advise her understand that you shouldn’t lambaste anyone who is exercising their rights under the law. In Canada when you see something you should say something to the appropriate authorities.”
Leahy said he will drop the lawsuit once the matter is “settled.”
“Given the ruling, I expect the town to remove the odious comments. Once that is done, I would consider the matter settled. I feel vindicated I’m dropping my lawsuit,” he said. “It’s time to get back to litigating arguments for residents in council not litigating against each other in court. I know the mayor is not petty.”
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