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Elliot Lake council reprimanded for ‘cycle of retaliatory complaints’

More on the Integrity Commissioner's most recent report
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Elliot Lake City council received a harsh reprimand from the Integrity Commissioner in a report that urged members of council to put an end to what he called an unproductive cycle of retaliatory complaints. 

The report, which was published on June 1, also revealed that Elliot Lake Mayor Dan Marchisella had been found to be in breach of the Code of Conduct for disclosing confidential information. 

Acting commissioner Tony Fleming of Cunningham Swan Lawers, was present at Monday night’s virtual city council meeting, where he discussed the results of the report and made certain recommendations. 

During the preliminary review process, Fleming examined a series of complaints made against members of council this year. According to the analysis, he found that all but one complaint did not require investigation. 

“The one exception to that was a single breach under the Code of Conduct. In that situation, we didn't need to engage in an investigation because Mayor Dan Marchisella quite candidly acknowledged that he had inadvertently disclosed some confidential information in a public meeting on February 10, 2020,” Fleming told councillors Monday. 

Fleming decided to make the report public because the mayor admitted to the breach, and because of the history of complaints received by both the previous and present Integrity Commissioners. 

“We feel it is in the public interest to report on this complaint to ensure that the public and Council understand that this cycle of retaliatory complaints is not sustainable,” wrote Fleming in the report. 

“Our hope in bringing this report forward publicly is that Council and supporters of council members will heed out a request to start the Council term fresh, and leave the past in the past.” 

At the virtual council meeting, Fleming briefly addressed the initial complaints made, which date back to early this year. 

“The complaint was based on a Feb. 10 meeting, and more specifically, a notice of motion from Coun. (Chris) Patrie. I will read the notice of motion because it’s short: ‘Whereas transcripts have become public regarding the paying of rent at Turner’s space by ELNOS on behalf of the City, and whereas the transcripts elude to (Coun. Ed) Pearce and the mayor having knowledge of these items prior to the election; therefore, be it resolved that the City have this investigated to confirm or deny any wrongdoing by the members having knowledge of these decisions’,” he said. 

“The essence of the complaint was that both Coun. Pearce and Mayor Marchisella had a conflict of interest on the Municipal Conflict of Interest Act, and additionally, there was a complaint with respect to only Mayor Marchisella indicating a number of Code of Conduct violations as well.”  

Fleming ultimately made two recommendations, which suggested Marchisella publicly apologize for his actions, in addition to receiving a public reprimand from council members. 

“This was a very difficult situation with public allegations of criminal wrongdoings towards myself, the CAO, Coun. Pearce, and a member of the public,” Marchisella told council. 

“At that time, in light of the situation and in an attempt to be totally transparent with the community, I did indeed breach confidentiality and I do apologize to council and the community for doing so. I cannot, however, apologize for defending myself and my reputation.”

Pearce also addressed council about the allegations. 

“I found this particular incident to be very frustrating. I thought the initial complaint was frivolous. Why this even was brought forward I don't know, and I don't really want to know anymore,” he said. 

“I would ask that members of council and their followers take this advice and stop these really unnecessary actions.” 

According to a report written recently by Elliot Lake CAO Dan Gagnon, the city has had dozens of complaints made to various commissioners over the last two years. So far, it has cost the City about $274,000. 

Fleming urged council members to put an end to the cycle. 

“Members, and the public who support them, appear to be issuing complaints in a cycle of back and forth allegations to respond to previous complaints. This is very damaging to council’s ability to function,” said Fleming. 

“Find a way to work together; the people of Elliot Lake deserve better and expect better from their elected officials.” 

Colleen Romaniuk is a Local Journalism Initiative reporter working out of The Sudbury Star



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About the Author: Colleen Romaniuk, Local Journalism Initiative Reporter

Colleen Romaniuk is a Local Journalism Initiative Reporter, a Government of Canada program, at the Sudbury Star.
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