Councillor: Municipal Act breach a ‘technicality’

Ward 3 Coun. Claude Berthiaume said he sees Ontario Ombudsman André Marin’s final ruling as the city’s closed-door meeting investigator, which found council violated the Municipal Act, as a reaction to the city’s decision to fire him. File photo.

Ward 3 Coun. Claude Berthiaume said he sees Ontario Ombudsman André Marin’s final ruling as the city’s closed-door meeting investigator, which found council violated the Municipal Act, as a reaction to the city’s decision to fire him. File photo.

Feb 20, 2013- 1:40 PM

By: Darren MacDonald - Sudbury Northern Life

While accepting Ombudsman André Marin’s ruling that city council violated the Municipal Act last June, a Sudbury city councillor says it was a technicality rather than a breach of closed-door meeting rules.

Ward 3 Coun. Claude Berthiaume also said he thinks the ruling was at least in part a reaction to council’s Feb. 12 decision to fire Marin as the city’s closer-door meeting investigator.

“Technically, it does sound like we did something wrong, and I’m willing to admit that,” Berthiaume said Feb. 19. “But to me, it was only a technical thing they found we did wrong.”

An investigator working for Marin filed a report Feb. 14 that concluded council violated the Municipal Act when they voted in a closed-door meeting in June 2012 to direct the mayor, three councillors and the city’s top human resources manager to begin contract negotiations with Auditor General Brian Bigger.

Michelle Bird wrote that they erred by including three councillors in the resolution. Under the Act, only people considered officers of the corporation can receive direction in a closed-door meeting.

And normally, city councillors are not considered to be officers. While there are no penalties for violating the Act, Berthiaume said he thinks Marin filed that report as a way to again embarrass council.

“I just think it’s kind of odd,” he said. “Usually they send people up to do interviews, but nothing like that was done. It was like he was just getting rid of everything.”

Ward 8 Coun. Fabio Belli said he and the rest of council rely on city staff to make sure they’re following the rules. He said it was only logical to direct a smaller group to handle Bigger’s contract.

“At the end of the day, I’m not sure if you want all of council negotiating a contract with the auditor general,” Belli said. “That’s why we created the subcommittee.”
Read More: Home > Sudbury News

Reader's Feedback

Editor’s Note:

NorthernLife.ca may contain content submitted by readers, usually in the form of article comments. All reader comments and any opinions, advice, statements or other information contained in any messages posted or transmitted by any third party are the responsibility of the author of that message and not of NorthernLife.ca. The fact that a particular message is posted on or transmitted using this web site does not mean that NorthernLife.ca has endorsed that message in any way or verified the accuracy, completeness or usefulness of any message. We encourage visitors to NorthernLife.ca to report any objectionable content by using the "report abuse" link found in the comments section of this web site. Comment Guidelines


comments powered by Disqus
FacebookTwitterRSSVideophotoNewsletterMobile