Cochrane’s mayor bullied, harassed and intimidated two senior town managers, the town's integrity commissioner has ruled.
Harold G. Elston is recommending that Mayor Peter Politis's pay be suspended for 90 days — 45 days for each investigation. The pay suspension still has to be approved by council.
Last July, CAO Monika Malherbe and then-director of community services Jason Boyer filed separate complaints, alleging they were subject to workplace harassment, bullying and intimidation by Politis.
On July 19, 2023, Boyer went on a leave of absence and later resigned on Dec. 15. Malherbe has been on medical leave since June 28, 2023.
Politis was elected as mayor in October 2022. He previously served as mayor from 2014-18.
The ethics commissioner’s reports highlight examples of incidents and email exchanges between Boyer and Politis, as well as Malherbe and Politis.
In both of the investigations, Elston found that the mayor tried to micromanage town business and events.
In her complaint to the integrity commissioner, Malherbe said the unwanted behaviour towards her by the mayor started early in the council term and peaked at the end of June 2023.
Following a meeting on June 28, 2023, the mayor asked to talk to Malherbe.
Malherbe alleges that she wasn’t able to talk because she was extremely stressed, overworked and not comfortable talking.
The CAO alleged that the mayor told her what was happening to her because ‘you asked for it,’ according to the report.
“The Mayor allegedly asked why she was being the way she was and allegedly told the CAO that she was dropping a lot of balls and that this would be addressed at the upcoming evaluation of her performance discussion with Council. The CAO felt threatened by the Mayor’s references to her upcoming performance evaluation,” Elston wrote in his report.
Malherbe talked to human resources and explained what happened. She has been on medical leave since.
In Politis’s response to the integrity commissioner, the report says the mayor argues the allegations “do not have merit and that the email communications and supporting documentation in the complaint demonstrate a completely professional, courteous, and highly ethical relationship.”
On several occasions, Elston said it’s “abundantly clear” that the mayor didn’t accept the CAO’s advice or actions. While his rhetorical responses were delivered politely, in Elston’s view it caused anger, worry or arguing.
The most egregious act, said Elston, is saying that the CAO’s “resistance to his agenda would be considered at her upcoming performance review.”
“While perhaps said in the heat of the moment and without much forethought, this statement was regarded by the CAO as a direct threat to her employment, in my view a reasonable interpretation in the circumstances and, in and of itself, grounds for a finding of workplace harassment,” he wrote.
Similar to Malherbe, Boyer said the issues started shortly after the term started. Elston said that Boyer alleged the mayor psychologically harassed him for eight months.
In particular, he alleges “that many of the Mayor’s emails to him have been deliberately intimidating, harassing, manipulative, authoritative, and in violation of town policy,” Elston wrote.
According to Elston, through the course of his investigation, he formed a view that the mayor bears a strong hostility towards Boyer.
“It seems that his disenchantment with the Director had its origins during the last term of council, when some of the mayor’s accomplishments from his previous mayorship were, in his mind, overturned or terminated by the Director, and continues to this day,” Elston wrote.
“While it may be that each email, taken on its own, may not constitute harassment, taken as a whole over the course of several months, there is a cumulative effect and impact on the director. The succession of critical emails or upsetting conversations constitutes a course of conduct that the mayor ought to have known was unwelcome.”
Politis, according to Elston's report, was "at pains to point out that he never provides direction to staff and, accordingly, has not crossed any lines."
"With respect, I disagree. Whatever, his intentions, he regularly and repeatedly involved himself in the implementation of events, leaving no doubt as to how he felt matters should be arranged," wrote Elston.
“In addition to being concerned with events and matters beyond the scope of his authority, I also find that the Mayor’s emails often display a condescending, aggressive, and intimidating tone. Many seem intent on undermining the Director’s authority; copied for all of Council to see. They are thinly veiled attacks on the Director’s actions, professional judgment and expertise.”
Elston added that Politis failed to treat the Boyer and Malherbe with professionalism and respect.
On Jan. 17 and 18, 2024, Elston provided copies of the preliminary reports to Politis. Elston said Politis was at the Rural Ontario Municipal Association (ROMA) conference and “was not able to respond.”
Politis declined to comment to TimminsToday about the reports. Both items are on Cochrane council’s agenda for tomorrow (Jan. 30).
Read Malberbe’s full report here. Boyer’s report is available here.
