Lesley Cassidy, Local Journalism Initiative Reporter, The Eganville Leader

Renfrew – Two members of Renfrew Town council were handed 10 and seven-day suspensions without pay, respectively, after the release of an Integrity Commissioner’s report regarding a complaint about a Facebook post made by one councillor and supported by another.

Council had the opportunity to discuss the Integrity Commissioner’s findings at last Tuesday’s special meeting which Integrity Commissioner (IC), Tony Fleming of Cunningham, Swan, Carty, Little & Bonham, attended remotely and spent an hour answering questions. 

In early fall, a complaint was submitted to the IC alleging Councillor Kyle Cybulski made Facebook posts that violated the Code of Conduct. One post mentioned the Ma-te-way ball diamond lights, a tender award, Stevenson Crescent and the closure of the investigation into the MyFM Centre (Ma-te-Way expansion). The complainant alleged the comments made were intended to “provoke reaction and cast doubt on the integrity of the staff and the corporation. 

“The tone can reasonably be interpreted as disrespectful, intimidating, and potentially malicious in nature.” 

The complaint also alleged posting views before the October council meeting compromised the integrity of the decision-making process and confidential information was shared.

Councillor Andrew Dick supported Coun. Cybulski’s October post, and the complaint alleged he breached the same sections of the Code of Conduct related to interactions with staff. During the investigation, both Coun. Dick and Cybulski were given the opportunity to respond to the complaint.

Mr. Fleming provided a high-level overview and answered council’s questions. 

“We did find that a number of the posts in the initial October 8th, were in breach of the Code of Conduct, specifically sections 4.1, 9.2 and 9.3. And this is really all dealing with comments directed towards staff….Our finding is that simply not using names doesn’t render the conduct inoffensive under the Code,” he said. 

He went on to explain using the words “engineering” or “engineering team” in a post does identify who is working on these projects – it is known who is responsible for this work. 

“That is the heart of the complaint and our finding that there was a breach of the Code, that the way in which the comments were drafted in the Facebook post engaged the Code of Conduct and were disrespectful to the staff,” he stated.

Part of Coun. Cybulski’s written response indicated he understood the post “walked the line in respect to the Code of Conduct, but I believe the line was not crossed.”  He further wrote: “I am responsible for my own words and actions, I hold myself to a high standard when making public Facebook posts, as this is not common practice for me. That said, I am not responsible for how others interpret my words or my intentions.” 

Coun. Dick supported Coun. Cybulski’s October post and commented on individuals stonewalling; it was this section that was found to be in breach of the same sections of the Code of Conduct. Coun. Dick responded, indicating he is not apologetic about his comments.

Findings and Process

Councillor John MacDonald asked Mr. Fleming questions about the investigative process. There was some back-and-forth regarding the Integrity Commissioner’s role. He likened it to a judicial process in which evidence is gathered and analyzed, and includes elements such as a judge, disclosure and a defence. Mr. Fleming disagreed with the comparison and explained council’s role is to decide whether to accept, reject, or amend the recommendations, and his role as the IC is to conduct investigations as defined under the Municipal Act.  

Coun. MacDonald asked specific questions about the investigation’s process, but Mr. Fleming stated he could not answer most of them due to the confidentiality of the process. 

“Was this a single complaint or a group submission?” Coun. MacDonald asked.

Mr. Fleming responded it was a complaint by two individuals, but it was dealt with as one complaint.

“I don’t want council to walk away with the feeling that you can’t question things, or that you can’t ask for clarification or that you can’t say to an engineer – ‘I’m not understanding this point, get that information’,” explained Mr. Fleming.  

He emphasized council can exercise its role to question; it’s the manner in which it’s done that is the issue. Mr. Fleming emphasized when council criticizes staff, it undermines the integrity of the municipal process and leads residents to have less respect for council’s decisions. 

Acting Mayor Peter Emon found one statement in the report to be provocative: “When was the last time he (Councillor Cybulski) had a personal employment performance review conducted on Facebook or live streamed on YouTube?” 

Mr. Fleming responded:” It was intended to emphasize the point, and the point is exactly as I wrote it. Performance reviews are fine, doing them in public is where we cross the line, and that’s the point where the Code of Conduct becomes engaged.”

Coun. MacDonald had a few more questions.

“I thought it (the report) was aggressive, professional language that was very subjective with a lot of ‘what ifs’ and not based on any objective data…. I have concerns about that,” he stated and provided an example. 

He then asked why the IC viewed Mr. Cybulski’s response to the complaint in a negative light. 

“If you’re walking the line, you’re carefully balancing between two sides… you are being cautious and neutral and trying to navigate a middle ground,” he said.

Mr. Fleming said the fact the councillor used that phrase about how he approached the post does exactly what Coun. MacDonald just described.

“The councillor is aware that there is a line that cannot be crossed.”

Coun. MacDonald mentioned the Integrity Commissioner missed an important fact: Coun. Cybulski used “In my opinion,” and he prefaced it with “My pre-notes and thoughts for this agenda… “. 

“I think the way the councillor framed it is absolutely appropriate. I take no issue with that…  But those positives don’t make the statements less offensive,” Mr. Fleming responded. “Opinions can still breach the Code of Conduct.” 

Councillors Dick and Cybulski were found to have violated sections of the Code of Conduct that address the communication of council decisions and the respectful treatment of staff. However, Mr. Fleming found there was no breach of confidential information. 

Recommendations

The report recommended council suspend Coun. Cybulski’s pay for 20 days and Coun. Dick’s pay for 15 days. 

Mr. Fleming noted the recommendation for Coun. Cybulski was partly based on the fact it was his first investigation. Coun. Dick remained unapologetic about his support for the post, a factor the Commissioner considered when issuing his 15-day suspension. 

Acting Mayor Emon asked Mr. Fleming to remind council of its duties to staff. He replied he cannot give legal advice; however, he said: 

“This is about trying to acknowledge that there is a real power imbalance between members of council and staff.” 

He elaborated the Code of Conduct exists to ensure that dynamic is understood and a respectful workplace exists.

The acting mayor shared a few thoughts ahead of the recommendations and voting and mentioned he is not a fan of ordering people to apologize.  

Councillor Jason Legris said Coun. Cybulski is a great councillor.

“He sits here with this table with all of us, and I know for a fact he has made Renfrew a better place,” he said. “I don’t think he had any intention of harm.”

He said he understood the frustration felt over the past three years and agreed with some of the findings, suggesting the post could have been worded differently. Coun. Legris felt the 20-day suspension was excessive and offered a shorter duration, with funds donated to a charity of Coun. Cybulski’s choice. 

Coun. MacDonald expressed concern about the lack of information council members receive about the investigation and the process, and that they don’t actually view the complaint itself, and explained he does not see it as a fair process. 

Coun. Legris’ motions for the 10 and seven-day suspensions without pay, and that funds be donated to a charity of their choice passed.

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