“It’s not easy to face these kinds of accusations, but I can say that it’s a great relief that we have this process in place. After a full, transparent and independent investigation, there can now be zero doubt about any wrong doings on my part.”
With those words, Innisfil Coun. Kevin Eisses welcomed the report of the town’s Integrity Commissioner, Laura Dean, that exonerated the councillor from allegations of breach of the Code of Conduct, and dismissed complaints.
The accusations began after the councillor introduced a motion in council on June 26, 2019, to accept a staff report and recommendation that called for a portion of the east side of Thomas Street, in the Innisfil Heights Industrial Park, to be designated as a No Parking zone.
The proposal had first been presented by staff in 2017, due to ongoing complaints about parking along both sides of Thomas Street on certain days of the week, that reportedly made it difficult for large commercial vehicles to turn onto the street from Line 9, and access some business driveways.
The decision was delayed “pending further consultation between staff and all affected businesses on Thomas Street,” but was brought back at the request of Eisses, in 2019. At that time, Council voted to ban parking on the east side of Thomas Street from Line 9 to Clifford Court, and on both sides of Thomas from Clifford Court to a point 180 metres east of Bowman Street.
By-law 074-19 was more restrictive than had initially been proposed by town staff. It unleashed a firestorm from North Toronto Auctions, located at 3230 Thomas Street, which had arranged for off-street parking at some neighbouring businesses but also relied on onstreet parking for the buyers who attended its auctions.
Debbie Panza, acting for North Toronto Auctions, filed a complaint with the Town of Innisfil’s Integrity Commissioner – at the time, John Mascarin with Aird & Berlis LLP – accusing Coun. Eisses, who was acquainted with the owner of a business located across the road from North Toronto Auctions, with breach of the Code of Conduct and conflict of interest.
Complaint 2019-01 was filed on Sept. 4, 2019, and led to a back-and-forth correspondence, as Mascarin shared each submission with the complainant, who then responded.
At the end of the process, the Integrity Commissioner concluded in a report filed on Dec. 11, 2019, that the councillor had no financial interest in the decision and therefore no conflict of interest, but had acted in a routine manner as a member of a nine-person council in approving the recommendation of staff.
Ultimately, the complaint was dismissed, with Mascarin noting that he had reviewed “and fully considered” all of Panza’s submissions, none of which caused him to alter his findings and determinations.
That did not stop Panza from mounting a continuing campaign of complaints and accusations against the councillor, Mayor Lynn Dollin (accusations that were later withdrawn) and the Integrity Commissioner himself.
Panza was advised to go to the Ontario Ombudsman, or ask for a judicial review in court.
On March 4, 2020, a lawyer’s letter was sent to Town Council, copied to the Integrity Commissioner and Ontario Ombudsman, formally protesting the previous investigation, calling it “fundamentally flawed,” and accusing the Integrity Commissioner of failing to investigate properly.
In September, the Ontario Ombudsman filed a report supporting the actions of the Integrity Commissioner, finding that the Commissioner acted in accordance with legislation, followed fair practice, considered all of the relevant data, and provided an adequate explanation for his decision.
The complaint was dismissed, but Panza continued to bombard social media and the town with accusations and demands for a new investigation. On Nov. 9, 2020, she filed a second complaint with the Integrity Commissioner – a position now filled by Laura Dean of Aird & Berlis – accusing Coun. Eisses of breaching the Code of Conduct for councillors, by sending a response to the original complaint that was “abusive,” “insulting,” and “untrue.”
Innisfil Council, on Wednesday night, received the report of the new Integrity Commissioner.
Dean dismissed the new complaint on a number of grounds: a decision of the Integrity Commissioner cannot be reopened or appealed; the complaint was filed more than six months after the incident in question; and even if it had been filed in time, the Integrity Commissioner is not bound to open an investigation.
The Integrity Commissioner pointed out, “The complainant had every opportunity to raise concerns regarding the councillor's response at the time it was filed,” which was in October 2019. The Commissioner also noted that Eisses’ comments were not a public document, but an explanation made to the investigation that had been shared with Panza “on a confidential basis.”
“While the councillor’s response may contain statements that the complainant dislikes or disagrees with, in our opinion none of the remarks made therein amount to indecent, abusive or insulting words or expressions,” Dean wrote. “The matter is closed.”
“I would like to extend my thanks to Laura Dean, Integrity Commissioner for the Town of Innisfil, for her professionalism in this latest report,” said Coun. Eisses in council on Wednesday night.
He noted that he and all councillors had taken an oath of office. “Part of that oath meant that we agree to a code of conduct,” Eisses said. “I’ve always conducted myself in accordance with that oath, and take it very seriously.”
Despite the stress of the past months, he supported a process that allows anyone to voice a complaint, and said that he was happy to co-operate with the investigation. In particular, he said, “I am pleased with the result.”
Noting that the two investigations have cost the municipality at least $25,000, Eisses told his fellow councillors, “I look forward to continuing to focus on the priorities of Ward 1 residents and constituents of Innisfil, and with council and staff to support our community through these difficult times.”
