Fleming noted, "In this case, Mayor Marchisella admitted during the preliminary review process to disclosing confidential information at a public meeting on Feb. 10, 2020. We were able to confirm that some information that was known to the mayor and which was obtained as confidential information was disclosed."
Marchisella told council, "At that time, in light of the situation, in an attempt to be totally transparent with the community about the entire situation, I did indeed breach confidentiality and I do apologize to council and the community for doing so."
The IC also said there was no merit to the complaint's allegation that both the mayor and Councillor Ed Pearce had both been in receipt of confidential information that might have resulted in personal financial gains for them.
Councillor Pearce told council: "In my case I was an add-on because I believe it was the only document I received and said 'Oh, and Councillor Pearce was in attendance.'"
In his 15 page report, Fleming continued, "Notwithstanding that the balance of the complaint has been deemed to be without merit and no investigation has been conducted, we are exercising our discretion to issue this report publicly."
The IC's written report continued, "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."
"Our hope in bringing this report forward publicly is that council and supporters of council members will heed our request to start the council term fresh, and leave the past in the past.
Councillor Sandy Finamore said continued discussion of Code of Conduct and Municipal Conflict of Interest Act (MCIA) matters at council have unfortunately resulted in headlines. She said that's something she has no desire to see continued. In her words, "So that would be tomorrow's next headline in the news. I'm going to respectfully not vote in favour of a reprimand. I would rather not see this in tomorrow's headlines."
The IC's report went on, "During the preliminary review the mayor conceded that he disclosed inadvertently information that was confidential. We ( the IC) corresponded with staff as part of the preliminary review and confirmed that some confidential information was disclosed by the Mayor during his presentation."
"In this instance, no further investigation is necessary as the mayor has candidly conceded that he made a mistake in disclosing certain information during the public council meeting.
The Integrity Commissioner’s ruling is that Marchisella breached section 10 of the Code of Conduct by disclosing information that was known to the mayor through confidential means associated with his role on council.
"The mayor acknowledged that he did not take sufficient care to preserve the confidentiality of information while he was making a speech that disclosed the information. This is not the standard of behaviour that the public expect of their elected officials and a sanction is warranted in the circumstances.
The Integrity Commissioner recommended that council issue a public reprimand of the mayor for this breach and, further, that the mayor publicly apologize for his breach.
Mayor Marchisella apologized at the virtual meeting but there was no appetite among his fellow council members to impose any reprimand against him
Fleming went on, "Throughout this report the Integrity Commissioner has referenced the history of complaints that have been filed in the city. The nature of a number of complaints that have been filed with our office exhibit a pattern of what we characterize as retaliatory complaints."
"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 not sustainable and is very damaging to Council’s ability to function. Every member of council is urged to put an end to this cycle. Find a way to work together; the people of Elliot Lake deserve better and expect better from their elected officials."
The elephant in the room throughout the debate was that the IC isn't allowed to disclose the identity of the complainant when a complaint is filed through the city clerk's office.
Councillor Luc Cyr said the process could be improved if council members were required to publicly disclose when they make complaints to the IC, rather than hiding behind the confidentiality provision of the law.
According to CAO Daniel Gagnon's most recent figures, the last total of Elliot Lake's legal costs associated with the IC in 2019 and so far in 2020 was $274,000.
At the same time, several councillors have publicly stated that, accounting for staff time, the real figure is likely $100,000 higher.