The resolution comes after Mr. Swayze investigated, at the request of four councillors, what may have been leaked information from in-camera Council meetings concerning the County’s settlement with Picton Terminals.
Mr. Swayze’s report concluded with the opinion that confidential, legally sensitive information had made its way into public debate, but had found no evidence of its source.
While Mr. Swayze conceded that it is not the Integrity Commissioner’s duty to regulate communication from residents, he cautioned Council members against publicly discussing matters wrapped up in litigation, even if the information was not confidential.
Nobody was happy with the report. Councillor Hirsch pointed out that his own comments to the Picton Gazette did not amount to a breach of conduct, yet he was nonetheless cautioned against speaking to the media at all. The four councillors who brought the complaint, on the other hand, felt Mr. Swayze had not done enough to investigate.
The Integrity Commissioner enforces accountability and transparency in municipal governance and investigates complaints into breaches of the Code of Conduct and the Municipal Conflict of Interest Act. Mr. Swayze has been an IC for close to 15 years and at one point worked for 59 municipalities across the province at once.
In March 2023, Mr. Swayze stepped down from his post as Integrity Commissioner of Mississauga, specifying “workload concerns” in his resignation letter. In a reversal of roles, Mr. Swayze had been called before Mississauga Council to explain his decision not to investigate a harassment claim by one councillor against another.
Mr. Swayze’s workload may lighten more yet. Most recently, Springwater Township Councillor Danielle Alexander moved to seek proposals for a new Integrity Commissioner, citing dissatisfaction with the timelines, cost, and investigative rigour of Mr. Swayze’s work. The motion carried.
Council’s resolution asks that Mr. Swayze finalize his files, and establishes Aird & Berlis LLP as the interim IC for the next four months while it seeks a new Commissioner.
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