By Pepper Parr
June 22nd, 2022
BURLINGTON, ON
The gloves were off when Mayor Marianne Meed Ward and Councillor Stolte took at it during a City Council meeting Tuesday afternoon..
Several months ago there was a complaint made by a staff member to the Integrity Commissioner about a statement Councillor Stolte had made when being interviewed by the Gazette.
The comment had to do with the difficulty Stolte was having getting an administrative assistant.
Ward 4 Councillor Shawna Stolte
When Stolte made the statement during a long interview she did not say who the staff member was who had decided that she did not want to work as an assistant to a member of council but wanted to return to the Clerk’s Office to further her career.
The staff member, Georgi Gartside was not identified in the article – I didn’t know who the person was who didn’t want to work with Stolte.
Apparently Gartside believed that anyone who was familiar with what goes on at city hall would have been able to figure out who it was that quit the job.
Personally I thought that was a bit of a stretch and apparently so did the Integrity Commissioner who decided there was no public interest in proceeding with an investigation – providing Stolte made a public apology.
There was a lot of back and forth between Stolte, Gartside and the Integrity Commissioner on the content of an apology – when all that was worked out Stolte advised the Clerk that she would read her apology during the Councillor Comments at the end of the meeting. Gartsdie was fully aware of this.
The Mayor took it upon herself to revise the agenda, which she has the right to do, and put the apology at the top of the agenda. Stolte was not aware of the agenda change until the Mayor announced it at the beginning of the meeting.
And that is when things got ugly – very ugly.
The Mayor, who was not in the Council Chamber, she was at Western University watching her daughter graduate, took part virtually.
Weird as it was Councillor Stolte was the Deputy Mayor who would take over chairing the meeting when the Mayor excused herself to take part in the graduation event.
As the Mayor was proceeding with the meeting she made a comment about “All questions will be stated succinctly and not used as a means of making statements or assertions. That is section 49.3 of our procedure bylaw.”
It would appear that the Mayor was getting ready for a contentious meeting – which she certainly got.
Mayor Marianne who is close to the end of her first term as Mayor: Will there be a second term?
The Mayor then announced that there was some “… agenda management to deal with this morning.
“There are four items on today’s agenda that we are going to bring forward and deal with at the top of our agenda in accordance with our procedure bylaw section 32 which covers agenda changes.
“So as I introduce each item that we will deal with I’ll provide the rationale for bringing it forward.
“The first item is an Integrity Commissioner matter.
“A member of staff filed a complaint with the Integrity Commissioner against councillor Stolte that she violated several provisions of the council code of good governance. The recommended resolution to that complaint by the Integrity Commissioner was a public apology by the counselor. The Apology had been agreed to by the staff member and the councillor. The details of the complaint and resolution are included in a disposition letter from the Integrity Commissioner.”
At this point there was a point of order raised by counselor Stolte
The Mayor said: “I will finish my remarks and then I will take the point of order. Typically these disposition letters are not made public by the Integrity Commissioner. ”
Stolte interrupted saying “there’s a point of order” which the Mayor did not appear to want to recognize.
The Clerk appeared to agree saying “I would recommend just hearing the point of order read by the member.’
Stolte then said: “Mayor, I do believe that you understand protocol that a point of order, which has now turned into a point of privilege is to be dealt with before you continue with your remarks. I was really hoping to not have to say this today but I actually have prepared a statement because unfortunately I was expecting this.
Ward 4 Councillor Shawna Stolte who has yet to file nomination paper for the October election.
“This is entirely unprofessional and inappropriate for you to be discussing this matter. While there was a complaint made to the commissioner the Integrity Commissioner deemed that it was not appropriate to come before Council in the form of a report which it sounds as though you have taken it upon yourself to do of your own accord.
“That’s entirely unprofessional. The only reason this is being made public is because of a private agreement that I made a promise to a staff member that I wanted to rectify. It’s a private agreement and a promise I made to a staff member that has been agreed upon. I will be dealing with it during statements by members as you were already informed. As I said it’s entirely inappropriate that you make an attempt to bring that forward now and turn it into yet another political circus for your own selfish gain.
“I think you should be ashamed of yourself.”
“Thank you, counselor,” said the Mayor “I will ask that all those remarks, especially attacking my integrity be struck from the record as violating the code of good governance.
“However, the reason I wished to continue with my remarks was to provide the basis for why they were being made in the first place. So it’s really important and helpful to be allowed to finish what we are doing here and I think once you hear the balance of my remarks you will understand.
“A point of order” said Stolte interrupting the Mayor who was not going to be interrupted saying “… to finish my remarks that the statement that has been made will be explained if I’m permitted to finish.
“The staff member has asked for this to be made public. The staff member has asked for this to be dealt with at the top of the meeting and it is the mayor’s prerogative to do that. So we will proceed with this I’m going to proceed.”
Councillor Nisan interrupts “your worship may I make a point of order?”
The Mayor responds “Sure. Counselor thank you
Nisan continues: “I’m gonna try to be helpful as well. there’s a lot of emotions in the various rooms – I want to take the opportunity to have the floor on the point of order and suggest Councillor Stolte if she does not wish to proceed this way that she requests a vote on the matter. That will require a two thirds majority and then we can we can move forward with a mutual understanding and put the point of orders to bed.”
Stolte responds: “I’m having issue with the fact that I asked for a point of order and a point of privilege and was denied and instead councillor Nisan was granted a point of order.
Stolte continues: “This is not a matter for public discussion. This is not a matter for public debate. This is not the business of counsel to be dealing with what has already been determined. The process where it is to be given was determined is not your place to decide, it’s going to be a publicly debated matter whether you like it or not that is not your place to do.
“I will leave this meeting if required to do so because I am not going to compelled to partake in a political circus for a private matter that is between myself and employee of the city. We had come to a mutual agreement on how to best deal with that. It is not the business of Council.
“It is not the business of the mayor to make it a public spectacle. Do I need to leave the meeting?”
Mayor: Thank you, councillor. Do I now have the floor the Mayor asks the Clerk who responds: “Yes, as presiding officer you do.
Mayor “Thank you. Am I permitted to complete my comments?
City Clerk Kevin Arjoon at a council meeting
Clerk: Well, there was a point of order though. So if you want to just like determine the point of order and then kind of then you can proceed on to your comments.
Bedlam takes over with the Clerk saying: “hold on, hold on one at a time please one person at a time … if we need to take a recess we will do so. The fact of the matter is a staff member has requested that this be put on the public agenda for a public apology and as requested the item be heard at the beginning of the council meeting.
Stolte: Yes. And there has been an explanation as to why that is not appropriate.
Mayor: Okay. Counselor Stolte You do not have the floor. Please do not interrupt.
Stolte: “Well, what I’m asking is a privilege to cease this conversation. Are you marching ahead and refusing to seize this topic? Is that what I’m understanding?”
Mayor: I’m trying to complete the comments around why this item is appropriate and I am telling you it is inappropriate? Are you refusing to do that?
Stolte: “Okay, so I just want to know who has the floor.”
Clerk: ” So I just want to jump in just to give some clarity here. So the point of order will be taking precedence over any other matter and a member will not be permitted to enter into debate or introduce any motion not related to the point of privilege.
“Section2.3 of the Procedural bylaw is the Chair will decide upon the point of privilege and advise the members of the decision, than section 2.4 is the chairs decision is final unless a member immediately appealed the decision. And then section 2.5 is if the decision of the chair is appealed. The chair will immediately call a vote on the decision. The vote will occur without debate and the results will be final based on a two thirds vote.
“So that’s in the procedure by law.”
Stolte: sir. “I’m requesting clarification from the mayor whether it was her decision on my point of privilege and if she’s refusing to acknowledge my request to cease this conversation until the appropriate time during statements of members later today?
Mayor: “So my decision in respect of the staff member who is here to hear the apology from you, that the apology be heard at the beginning of the meeting. That is the way we have ordered the agenda so I can turn it to you to make your apology now if you wish. And that’s how we will proceed.”
Stolte: “I will be making any statement that I need to make during statements by members as you were made well aware of.”
Mayor Meed Ward chair a city council meeting
Mayor: “So the staff member who brought the original complaint is on the line now. The staff member has requested that the apology agreed to by the counselor be heard at the top of the council meeting that is now so that they can be present to hear the apology if so the staff members on the line and they would like to be present to hear the apology rather than wait till the end of the meeting. So I will turn it to you counselor Stolte to read the agreed upon apology.”
Hands began to be raised by different Councillors who wanted to speak.
Mayor: “I have a couple of hands as well as Councillor Kearns and then I have Councillor Stolte
Okay. Going to Councillor Kearns go ahead”
Kearns: “The question perhaps to the clerk. Can you confirm that the statement that was read out previously was in fact part of the council script or not? Was this reviewed by the clerk’s and or city manager in order to be presented in this forum?”
Much of what members of Council say when they are chairing a meeting is prepared for them by either the Clerk or the Director of Communications.
Clerk: “through you Counselor to the chair to the committee to council. We didn’t write this in the script. This is the mayor’s remarks and the mayor is doing this as the chair of Council and the presiding officer”
Kearns: “Okay, so just as a follow up, I’m not sure I needed that information whatsoever from a third party. Is there a way to this now part of public record and something that was just brought forward solely by the chair.”
Clerk: “through you, counselor to the council in terms of By law section 32.2 it states that the mayor, the clerk or a member of council can bring forward an amendment to the order of the agenda. So that’s the rule that the Mayor stated when she started the remarks. There was a request from the staff member of the complainant that this matter be held at the beginning of the meeting.”
Mayor: “To be clear the remarks were pre circulated to the complainant, the director of HR the city clerk Kevin Arjoon, the city manager. So everyone was aware that we were reordering the agenda. All of this was discussed by all parties in advance (apparently Stolte was not aware of the plan to re-order the agenda) as the way to deal with the matter.
“In respect of the city staff members desire to have the item publicly disclosed and to have the public apology made at the beginning of the council meeting. So all we are discussing right now is that this item be heard at the beginning of the meeting which is the chair of the meetings prerogative to reorder.
“The agenda item would otherwise have been held during statements by members. If I had been permitted to finish my statement that would have been made clear to everyone that typically if there is no other provision provided for in the procedure bylaw the matter will be dealt with during statements by members.”
Stolte begins to speak.
Mayor cuts in: “you don’t have the floor. It’s really important for the balance of this meeting that people do not unmute and speak unless they have the floor.
Mayor Meed Ward during better days.
“So we we will proceed. The item was to be dealt with under statements by members exactly as it unfolded just now. At the request of the staff member who is present and on the line right now. The request was made to have it at the beginning of the meeting while she can be present and tune in and not have to wait till the end of the meeting to hear the apology that was directed towards her.
“So that is why we reordered the agenda and all of that was discussed in advance by all parties at the pre-meeting this morning. So there are no other items of business. I will turn the floor to Councillor Stolte to offer the apology to the staff member. Is Councillor Stolte in chambers
Perhaps city manager can advise whether Councillor Stolte is present in chambers to offer her apology.
Meed Ward was not in the Council Chamber and was not aware that Stolte had left her seat.
Meed Ward, seeing that there is no one present. said “We will now turn to and I do apologize to the staff member who’s on the line you will have to watch the balance of the meeting. We don’t know when we’ll get to it but it will come up later in the meeting.”
It was a brazen use of power on the part of the Mayor who was determined to force Councillor Stolte to do what the Mayor wanted and not what had been determined previously as an acceptable way to handle this matter.
It was not a pretty picture.
Is this the issue that former Mayor Rick Goldring will use to run again?
Not mentioned at the meeting is the fact that Georgie Gartside was Meed Ward’s assistant when she was a Councillor.
At that time none of the people working as councillor assistants wanted to work with Meed Ward. Gartside accepted the job on the understanding that she could leave if things did not work out.
They did work with the Council member and Gartside worked with Meed Ward for eight years.
Quite why Gartside needed a public apology is not clear. Insisting that the apology be read out at the beginning of the Council meeting so she could hear what she had already read suggests a level of vengeance that has taken hold in the office of the Mayor.
Stolte did not reveal who it was who quite the job as assistant. The Integrity Commissioner decided that while it was not a matter for Council – they would not issue a report providing Stolte apologized.
This is the second time the Integrity Commissioner has come forward with a decision that is at best questionable.
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