While accepting the ruling that no secret Whitby Council meeting took place on October 7, complainant Regional Councillor Chris Leahy claims the investigator has recommended that Whitby council not hold any more private meetings.
The result of the ruling by Aird & Berlis LLC was released on Wednesday by Whitby Mayor Elizabeth Roy (see below).
Leahy filed a complaint with the Local Authority Services branch (LAS) of the of the Association of Municipalities of Ontario after the events of October 7.
The LAS investigator’s report, dated November 22, was released as part of the council agenda set for December 16. The investigator found that the gathering of a quorum of councillors during a recess of the council meeting did not breach the Municipal Act.
Leahy conceded that “while that specific meeting was not deemed ‘illegal’ in the strictest terms, the advice… is to never hold such a meeting again.”
The Issue
On the night in question Mayor Roy recessed a council meeting and met in the councillors’ offices with council members except for Leahy and Regional Councillor Steve Yamada. Staff members present included the Town of Whitby CAO, and the Clerk.
“To add insult to injury, the Town of Whitby posted a libellous statement on the town website assailing my character and besmirching my professional reputation, in part, because I filed a complaint about the secret meeting,” Leahy said in an issued statement.
“I am hoping that the mayor and the bureaucrats who advise her understand that you shouldn’t lambaste anyone who is exercising their rights under the law. In Canada when you see something you should say something to the appropriate authorities.”
“My lawyer wrote a letter threatening legal action if the offending statements weren’t removed. Given the ruling, I expect the town to remove the odious comments. Once that is done, I would consider the matter settled. I feel vindicated I’m dropping my lawsuit,” concluded Leahy. “It’s time to get back to litigating arguments for residents in council not litigating against each other in court. I know the mayor is not petty.”
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