A report headed to a special meeting next week recommends allowing city councillors in North Bay to be reimbursed for legal expenses incurred while responding to investigations by the city’s integrity commissioner. The report by city solicitor Peter E.G. Leckie would cap the amount at $10,000, with council approval required for larger amounts. A councillor could only make a claim if the complaint is not successful. In a report to city council, Guy Giorno, the city’s current integrity commissioner, said councillors are exposed to serious penalties if they are found to have violated the code of conduct. Serious penalties “Integrity commissioner inquiries are significant legal processes that expose respondents to the risk of serious financial penalties,” Giorno said. “The respondent must not just deal with the allegations in the complaint; the respondent must also address and respond to the commissioner.” And he said integrity commissioners don’t have the power to award legal costs. New provincial legislation has increased the risk to councillors, with removal from office now a possibility under certain circumstances. “A code of conduct inquiry can result in a significant financial penalty: the loss of up to three months’ pay, representing a significant loss of income,” Leckie’s report said. “I often observe that the typical fine for a Highway Traffic Act conviction is much smaller than the amount of a council member’s pay that is potentially at stake in an integrity commissioner inquiry.” While the cost of the investigation is paid for by taxpayers, there are no resources available for councillors to defend themselves, he said. A handful of other Ontario municipalities already have such policies in place. In Ottawa, councillors can use their office budget to pay for legal fees, but may have to pay the money back if they are found guilty. Councillors in Toronto can claim up to $20,000; in Vaughan, the limit is $5,000; and it’s $10,000 in Whitchurch-Stouffville. The current budget for the integrity commissioner in North Bay is $75,000, although actual expenses have been below that amount since 2019. If approved, the city may receive retroactive claims dating to Nov. 15, 2022. “The financial impact is currently unknown and will depend on the number of requests submitted and related legal costs for code inquiries during this term of council where the member is found not to have contravened the code,” the report said. Read the report here. Councillors will vote on the recommendation at the July 28 meeting that begins at 5:15 p.m.
