LAURIE WEIR
Rideau Lakes council has voted to reimburse Coun. Linda Carr $2,062.25 in legal fees, despite a formal finding of workplace sexual harassment and the previous rejection of the Integrity Commissioner’s recommended penalty.
The decision was made at a May 27 Municipal Services Committee meeting, following a last-minute addition to the agenda. Carr declared a conflict and did not participate in the vote, despite being the one who brought the matter forward for discussion.
The original complaint, filed in 2023, alleged that Carr made a sexually inappropriate and demeaning remark to a male staff member before a public meeting. The comment, according to a 2024 report by the township’s Integrity Commissioner, was found to constitute both workplace harassment and sexual harassment under the Occupational Health and Safety Act and the township’s Code of Conduct.
The report concluded that Carr “engaged in harassment and sexual harassment,” and recommended a 15-day suspension of pay. It also stated that witnesses who contradicted Carr’s denial were “more credible and consistent,” while testimony in her defence was “less credible,” with conflicting or revised statements.
Despite this, council voted in 2024 to reject the IC’s recommendation. Now, it has gone a step further by covering Carr’s legal costs.
“As far as I was concerned, it was a freaking fiasco. She was framed,” said Coun. Paula Banks during debate.
Deputy Mayor Deborah Hutchings said she believed the incident was mishandled from the start, and pointed to what she viewed as inconsistent treatment of council members facing investigations.
“It depends on who you are. That’s what’s wrong with this council: it’s not equal across the board,” she said.
Coun. Jeff Banks also voted in favour of the reimbursement, saying Carr was entitled to it due to alleged “inside interference” in the investigation. An email from “an insider” who admitted to contacting the Integrity Commissioner during the process was cited during the discussion as evidence of inappropriate involvement.
“We felt that someone involved themselves who shouldn’t have,” P. Banks added. “They didn’t recuse themselves, and that changed things.”
Mayor Arie Hoogenboom expressed concern about the long-term implications of the decision.
“I’m just concerned this might be a slippery slope,” he said. “If others are investigated and cleared, will council now be expected to cover their legal bills as well?”
Hoogenboom referred to his own past experience, recalling an investigation “six or seven years ago” over his participation in a waterfront matter. He said the probe concluded he had done nothing wrong because he did not own property on the body of water in question.
At the time, Hoogenboom said it was council’s understanding that legal fees would be covered if the councillor was cleared, but not if they were found in breach of the Code of Conduct.
“That’s the only past precedent I’m aware of,” he said.
He also noted that he is currently under investigation but did not provide details.
“I know who has launched the investigation, but I can’t say that either. My point is this — if I go get legal advice, will council agree to pay for that advice as well? We’ve had a number of investigations in the past … is this going to open the floodgates for more?”
Coun. Sue Dunfield asked whether a formal policy or bylaw exists to guide such reimbursements in future cases.
“Is there somewhere in our bylaws that would support this down the road?” she asked. The clerk confirmed no such policy is in place.
Carr’s reimbursement request passed on a recorded vote, with Hoogenboom the only member opposed. Coun. Marcia Maxwell, who has previously criticized the handling of the investigation, was not in attendance.
The matter will be brought to a future council meeting for final approval.
My understanding is that the integrity commissioner who investigated the complaint, was also the township’s lawyer. This was also the case when councillor Bresee was investigated a few years ago. Mr Fleming recused himself on that one after Ms. Bresee turned to him, as the township’s lawyer, for advice. My question is – had Mr Fleming not been wearing both wo hats, would Councilor Carr have had the option to seek his advice, and avoid personal legal fees? If so, then she would not now need reimbursement.
It just never ends with this Counxil!