City councillor faces penalty for code of conduct breaches

North Bay City Council will determine whether a penalty will be imposed on one of its own for breaching the code of conduct for its members during a special council meeting set for Thursday at 5 p.m.

Coun. Sara Inch faces a reprimand by the council or loss of pay for 90 days for harassment following an inquiry by Nicole Singh, the acting municipal integrity commissioner, who finds Inch "contravened Article VIII and, by extension, Article VI of the Code of Conduct ... Council may if it decides, impose a penalty under subsection 223.4(5) of the Municipal Act. The decision on whether to impose a penalty and what it should be belongs to Council and not the Acting Integrity Commissioner.”

The investigation and report have cost the City of North Bay over $36,000 to date. Each year the City budgets $75,000 for investigations made by the Integrity Commissioner.

See: the full Report from the Acting Integrity Commissioner

The complaint was lodged in March by Deputy Mayor Maggie Horsfield regarding a series of emails and social media posts referencing Horsfield's age, pregnancy, and ability to perform her duties. The emails involved Inch, Horsfield, and by extension, various members of North Bay City Council. Mayor Peter Chirico was interviewed as the sole witness. The social media posts referencing Horsfield, who serves as the budget chief appeared on Inch's council Facebook page.

Singh ruled these actions by Inch "amounted to harassment under the Code of Conduct, reflect a pattern of behaviour by the Respondent towards the Complainant that was unwelcome and ought reasonably to have been known to be unwelcome. I find that the three incidents complained of, individually and in their totality, could affect a person’s dignity and psychological health."

The acting integrity commissioner outlines “harassment” as any comment, conduct, action or gesture that is unwelcome or that ought reasonably be known to be unwelcome that could affect a person’s dignity or a person’s psychological or physical health.

Article VI – Adherence to Council Policies and Procedures

Each Member shall observe and comply with every provision of this Code of Conduct as well as all other policies and procedures adopted or established by Council affecting the Member.

Article VIII – Conduct Respecting Others

Each Member has the duty and responsibility to treat members of the public, each other Member and Staff appropriately and without abuse, bullying or intimidation, and to ensure that the City’s work environment is free from discrimination and Harassment. Without limitation, a Member must not:

(a) use indecent, abusive or insulting words or expressions toward any other Member, any member of Staff or any member of the public;

(b) speak in a manner that is discriminatory to any individual, based on that person’s race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability;

(c) engage in any Harassment of any other Member, any member of Staff or any member of the public.

Horsfield told Singh that Inch sometimes sent her an email to apologize after she made comments. Horsfield felt that the apologies were “not adequate or meaningful, as it is not a one‐time incident and the comments have continued to be made.”

Singh also found an Inch Facebook post made serious allegations implying that Horsfield and other council members "prevented or otherwise limited" Inch's ability to access the City of North Bay’s budget information. "Based on the preponderance of evidence," I find Inch's "allegations were untrue, disparaging, abusive and ought reasonably to have been known to be unwelcome ... contrary to the public interest and inappropriately challenged the Complainant’s performance of her duties as Budget Chief without merit. I find that such serious allegations could affect a person’s dignity or psychological health, particularly a person who holds a public position, is involved in decisions that impact the City’s finances, and is accountable to their constituents, like the Complainant."