Hamilton integrity commissioner misses another deadline

Hamilton's integrity commissioner has missed another deadline to complete an investigation into a member of city council's conduct.

Local artist and activist Matt Jelly filed a complaint with commissioner Earl Basse on May 29, regarding an incident that happened after a February council meeting at city hall when Coun. Lloyd Ferguson shoved journalist Joey Coleman.

City bylaws dictate that complaints have to be investigated and filed within a 60-day period – but Basse still hasn't done that, Jelly told CBC Hamilton. This is the second investigation that Basse has allowed to go over the deadline in a year.

"I was contacted in early June by Earl Basse to meet for an interview. He set a date then cancelled it the next day saying he was going on a trip to LA," Jelly said. "He said he'd get back to me when he returned on June 23rd, and I hadn't heard from him since then."

"I contacted him on Sept. 2 inquiring about it, he said he'd contact me within a week, and I've not heard from him since then."

Basse did not return requests for comment Tuesday.

Violating the code of conduct

Jelly says that what happened between Ferguson and Coleman was "a legitimate violation of council's code of conduct."

"I've seen many people who aren't councillors arrested for less, and I'm not a believer in special treatment," he said. "I've seen protesters escorted out of City Hall who never grabbed or pushed anyone."

Coleman says he accepts Ferguson's apology and considers the matter closed. (Joey Coleman/Twitter)

Jelly called the fact that Basse still hasn't completed his investigation frustrating. "I think it's really disappointing that council hasn't ensured the mandate of the integrity commissioners office is being upheld," he said. "It will be possibly used as a reason to eliminate the position altogether – which would be unfortunate because I think we very much need an effective integrity commissioner's office."

Ferguson, who is the chair of the city's accountability and transparency subcommittee, told CBC Hamilton he couldn't talk about the incident or Basse's investigation as it would be a conflict of interest. "The integrity commissioner works entirely independent of council," Ferguson said. "I'd hate to compromise the investigation."

But last year, Ferguson called a similar delay for an investigation into the conduct of Mayor Bob Bratina "unnerving."

"It troubles me," he said after a subcommittee meeting last October. "You shouldn't have to, as a member of council, be hung out there waiting for a decision."

Integrity commissioner must be independent: city legal department

But, according to the city's legal department, the city actually doesn't have the power to put restrictions on Basse's investigations.

"Under the legislation, the integrity commissioner must be allowed to perform his function in an independent manner," said city solicitor Janice Atwood-Petkovski in an email exchange with Jelly. "This means that Council has no power to impose timing constraints on investigations, which could be construed as interfering with the Integrity Commissioner's independence."

City council has directed the creation of a combined lobbyist registrar and integrity commissioner position that starts next year, she says, which would involve recruiting for the new role once the new term of council rolls around after the election.

"In the event there are any outstanding investigations at the time of that appointment, they would be completed by the newly appointed lobbyist registrar/integrity commissioner," she said in her email.

No comment: Coleman

Basse, a former Inspector with the Royal Canadian Mounted Police, doesn't have an office at city hall. Instead, he performs his duties part time from his home office in Waterloo.

The city pays him a $1,500 retainer, and then an hourly fee for his investigations. Basse has two months to investigate but has the option to ask for extensions. That hasn't happened in this case, Jelly says.

Ferguson apologized for the incident between he and Coleman earlier this year. Coleman has said since that he accepts the apology and considers the matter closed.

"As the matter is between Mr. Jelly and the City of Hamilton's processes, I do not have comment as it relates to my involvement in the incident in question," Coleman said Tuesday.

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