After expressing outrage, disgust and regret over reports of Coun. Rick Chiarelli's egregious conduct, Ottawa city council unanimously voted Wednesday to impose the harshest penalties available to them to sanction the veteran councillor.
Council was united in its call for the College ward councillor to resign immediately, and to ask the minister of municipal affairs and housing to change the law to allow a councillor found to have committed serious misconduct to be removed from office.
There are not enough apologies to make the pain…go away.- Mayor Jim Watson
Many council members appeared shaken by the details of integrity commissioner Robert Marleau's most recent report on Chiarelli's behaviour, which Marleau called "offensive and disreputable."
"I know many of you share my concerns that the behaviour outlined in this report are repugnant and are completely inconsistent with what is expected of anyone in a position of power or trust," said Mayor Jim Watson. "There have clearly been a number of gross violations of the trust the public placed in this elected official."
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The mayor issued a formal apology to all the women who came forward, and to others who may have been harassed but didn't feel able to tell their stories.
"I know that there are not enough apologies to make the pain of these events go away, but I would like to publicly apologize and [offer a] sincere gesture of recognition that this should not have happened and that we have listened and heard you," Watson said.
Many councillors joined the mayor in apologizing to the former staffers and job applicants.
Coun. Diane Deans had many dealings with Chiarelli's College ward office because their wards are next to each other, and said she had met Chiarelli's staffers on numerous occasions.
"I just wanted to say to the women involved that I am sorry," she said, her voice breaking. "And I am sorry I did not see the signs."
Pay suspended for 15 months
Two separate integrity commissioner reports found Chiarelli violated the code of conduct for councillors when dealing with job applicants and staff by engaging in shocking behaviour, including speaking to women about going braless to work, pressuring them to go to bars to hit on men as a way of recruiting volunteers, and commenting on their bodies.
- Rick Chiarelli committed 'incomprehensible incidents of harassment' against staff, 2nd report finds
- Chiarelli should face harshest penalty, integrity commissioner says in 1st report
Marleau recommended council suspend Chiarelli's pay for a total of 15 months — 90 days for each of the five formal complainants — as well as remove him from any committees and take away his delegated authority to hire staff or spend his own office budget.
Minister not changing law
But Chiarelli's council colleagues did not believe the sanctions went far enough. They've been hearing from many people in the community that they'd like to see some sort of mechanism to remove the councillor from office.
"If I go home, my own wife will be asking, 'Is that all that you guys can do?' or, 'Can't you do more?'" Coun. Eli El-Chantiry said.
Council passed a motion looking for changes to the Municipal Act that would include some sort of process "for the vacating of the seat of a member of council who has been found on clear and convincing evidence to have committed serious misconduct."
But that doesn't seem in the cards right now.
In a statement issued late Wednesday afternoon, Municipal Affairs and Housing Minister Steve Clark said "the ministry is not considering any changes to the Municipal Act ... however, I am taking the unprecedented move of, in the strongest terms possible, urging Councillor Chiarelli to resign his position."
Chiarelli's access restricted
They approved a motion by Coun. Jenna Sudds directing city staff to report back on ways to restrict the councillor's access to city property, including in council chambers when in-person meetings resume.
"I ask that his seat at the council table be moved so that none of us have to sit beside him," Sudds said. "His actions as detailed in the report and the very lengthy appendix is enough to turn one's stomach. It is appalling, and no woman should ever have to deal with this type of behaviour."
A number of councillors said their staff would be uncomfortable encountering Chiarelli in their workplace.
Council also agreed to donate Chiarelli's suspended pay to a non-profit organization that deals with violence against women.
Chiarelli going to court in January
The College ward councillor last year denied all allegations against him, and is challenging the jurisdiction of the integrity commissioner in provincial court. In fact, Chiarelli, who was present for the start of Wednesday's meeting, said a hearing date is set for Jan. 13, 2021.
- Ottawa Coun. Chiarelli pens denial, blames allegations on 'mob mentality'
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Chiarelli did not participate in the year-long inquiry, nor has he responded to the specific allegations against him, of which he was made aware in September 2019 by CBC News. Last December, the councillor had bypass surgery and some post-op complications, but did participate in a number of virtual council meetings in 2020.
The mayor called his silence a further affront to the women involved.
"Stonewalling is just another form of the type of manipulation the integrity commissioner has identified in his detailed report to council," Watson said. "Coun. Chiarelli, I would like to say that your silence speaks volumes."
Chiarelli's office responds
In a statement issued Wednesday afternoon, Chiarelli's office said the councillor will not resign.
"Councillor Chiarelli will not be resigning. He was democratically elected to serve a 4yr term and he intends to do so," the statement reads.
"This report is based on an investigation that only heard from one side of the story. Neither Councillor Chiarelli nor his lawyer were provided with information as to how witnesses were selected, their identities nor what testimony they gave which would only be natural justice in a fair forum.
"This is important because Councillor Chiarelli was not medically able to participate following his open-heart surgery, and subsequent severe bacterial chest infection and stroke. The Integrity Commissioner refused to accommodate Councillor Chiarelli during his recovery despite having been provided with numerous medical notes."
According to the statement, the divisional court hearing on Jan. 13 "will be the first time where both sides are heard in a fair and unbiased forum. Until then the Councillor has been advised by his legal team not to comment on the issue any further."