BLACK RIVER-MATHESON - Two new integrity commissioner reports have cleared Matheson’s ex-mayor of bullying and harassment allegations while shedding light on the dysfunction of its former council.
Complaints filed by a former councillor and a resident against ex-mayor Doug Bender were the focus of two recent integrity commissioner reports, which determined Bender did not bully, harass or intimidate either complainant.
“While it may be that there was no saving this council from itself, as witness to a truly distressing implosion of an elected body, perhaps the next council will have a greater appreciation of the need for respectful relations and the danger in failing to get along,” wrote integrity commissioner Harold G. Elston in one of the reports received at the June 11 council meeting.
In November 2023, former councillor Dave Dyment filed an integrity commissioner complaint alleging Bender bullied him at an Oct. 13 council meeting.
The meeting happened days before Matheson locked out 14 unionized workers, starting a seven-month-long labour dispute.
During a discussion about the labour dispute between management and union representatives, Dyment claimed Bender raised concerns about a leak from previous closed session meetings.
“When Coun. Dyment asked the mayor who had leaked the confidential information, it is alleged that the mayor responded, ‘You’re not going to find out,’” reads Elston’s report.
“Coun. Dyment claims that the mayor raised his voice and demanded to know what Coun. Dyment’s position on the lockout would be. When Coun. Dyment said that he needed time to consider his position, the mayor allegedly said that he was going to bully Coun. Dyment. It is alleged that the mayor’s conduct was unprofessional and constituted bullying and harassment.”
As part of Elston’s investigation, he talked to Bender about the allegations in February.
Bender told Elston he was concerned that Dyment wanted to delay the decision to lock out workers when Bender wanted to deal with it that night.
“According to Mayor Bender, Coun. Dyment was not happy with the decision to move forward and make a decision on the matter,” Elston’s report reads.
In the months leading up to the October meeting Elston said division and strife had been building in the community.
“As we now know, the tension reached a breaking point, council became dysfunctional and, in a stunning turn of events, the minister declared all of the offices of the members of council to be vacant, and ordered that a byelection for all seats be held,” he wrote.
SEE: Matheson council kicked out of office, here’s what we know so far
It’s not surprising council meetings were becoming difficult and the level of discourse was falling, Elston said in his report.
“It goes without saying that council meetings must be conducted with decorum and respect but, at the same time, they are often inherently combative forums, where important local issues are debated with passion. There is a fine line between the two,” he said.
The other integrity commissioner complaint was filed on Oct. 10 by resident Pauline Francis.
Francis rents apartments and alleged that Bender tried to influence her to lease a unit to CAO Chris Wray. The cease and desist letters threatening legal action over social media comments sent to her and about 30 other residents were also part of the complaint.
In 2023, Matheson’s budget was increased by 34.2 per cent.
“Not surprisingly, there was a significant outcry on social media against the increases,” Elston wrote in his report.
“According to Ms. Francis, the increase in the costs to her business attributable to the rise in the utility and property tax rates rendered her rental business unprofitable and she terminated her residential tenancies. One of the tenants terminated was the CAO.”
SEE: Black River-Matheson Township council approves 34% budget hike
Bender told Elston he asked Francis to keep rental units available because of the short-term rental shortage in the township but did not ask her to keep renting to Wray.
“I will confess that I had an initial concern that the mayor’s decision to visit Ms. Francis was a rather more proactive initiative than would seem to be captured by the description of his role as mayor, and the accepted norm for a head of council,” Elston wrote.
“That said, I am prepared to accept his visit as made in a genuine effort to represent and serve the municipality and its residents.”
The cease and desist letters were an attempt to urge people to stop commenting about senior staff and to protect staff, Bender told Elston.
“It is regrettable in the extreme that the nature of the public discourse in the Township of Black River-Matheson has descended to the point where staff are being attacked and defamed on social media. And, while it seems a somewhat extreme measure to send a cease and desist letter to a group of residents, as it has been said, desperate times call for desperate measures,” Elston wrote.
Based on the evidence, Elston felt the letter was “necessary” to provide a safe workplace for staff.
“In the end, upon review of the tone and content of the letter, and recognizing the context within which it was generated, I do not believe that it can be considered to be abusive, bullying or intimidating, or a contravention of the code of conduct for members of council.”
Elston’s report regarding Dyment can be found here. The second report regarding Francis can be found here.
Elston has been busy finishing up reports for Matheson.
RELATED: Ousted Matheson councillors broke code of conduct, report finds
In May, he submitted a report on another investigation that found that former councillors Dave Dyment, Kim Druer, Chantal Rondeau, Allana Schmidt, Louise Gadoury and Keith Neal broke multiple sections of the township’s code of conduct.
The recommendation is to have council ask staff to arrange training on the principles of proper municipal governance. Matheson is currently amid a byelection, which is being held on Aug. 12.
