Municipality of Kincardine Mayor, Gerry Glover, issued a statement on July 4th (2022) regarding a report by Kincardine’s Integrity Commissioner on the conduct of municipal Councillor Dave Cuyler.
“Municipalities are authorized to appoint an Integrity Commissioner to provide advice to Council with respect to the adherence to the Code of Conduct and to undertake inquiries into complaints regarding any breaches to this Code by members of Council. The role of the Integrity Commissioner is to help ensure that members of Council perform their functions in accordance with this Code of Conduct and other procedures, rules or policies governing their ethical behaviour,” says Glover in his statement.
An Integrity Commissioner investigation was requested around the actions of Councillor Dave Cuyler following the sequence of events associated with the April 4, 2022, Council meeting. An Integrity Commissioner report was completed by Aird & Berlis LLP dated June 28, 2022 on Code of Conduct Complaints Against Councillor Cuyler. The report was presented to Council this evening (July 4th), in an open public meeting.
“Council received and accepted the report by Aird & Berlis LLP. Council reprimanded Councillor Cuyler for his breach of the Code of Conduct and formally denounced his actions. Council has also suspended Councillor Cuyler’s remuneration for a period of ninety (90) days, as authorized under the Municipal Act, 2001 and the Code,” added Mayor Glover.
The Mayor continued, “The Council of the Municipality of Kincardine is committed to achieving the highest standards of conduct in its actions which is essential to maintaining and ensuring public trust and confidence in the Municipality’s decision-making and operations. The Municipality of Kincardine Council members are expected to follow the Code of Conduct and based on this breach I support the decision of Council and recognize the reaction from the community related to matters of concern that occurred at the April 4, 2022 Council meeting.”
According to the Commissioner’s report Cuyler made an offensive, highly derogatory and profane remark directed to Council Laura Haight following a heated exchange. Unknown to Cuyler, his microphone publicly picked up the remark.
Under Section 4.0(g) of Procedural By-law, the Code of Conduct specifically provides that members of Council shall refrain from making disparaging remarks.
The report also indicates this is not Cuyler’s first breach of the Code of Conduct but is the third time he has been found to be “in transgression during this term of Council”.
The Commissioner not only recommended that the Councillor be reprimanded and formally denounced for his actions as well as having his remuneration suspended for 90 days, it also recommended that Cuyler be prohibited from entering staff work spaces and from having any direct dealings with municipal staff, except through the Chief Administrative Officer (CAO) or her delegate.
Although the Councillor disagreed with the Commissioner’s assessment of the comment and said that it is subjective and open to interpretation, the Commissioner, in its report stated that its recommendations have been based on a “completely neutral, impartial. and objective review of the entirety of the evidentiary record related to the (five) formal complaints” filed against Councillor Cuyler.
