What constitutes privacy?
That was the question posed by Huntsville Councillor Jonathan Wiebe, the only dissenting voice when council was asked to ratify a report by integrity commissioner Robert Swayze at its regular council meeting on Tuesday, December 17, 2019.
In his report, Swayze recommended that Councillor Brian Thompson be reprimanded for breaking the Council Code of Conduct when he sent a text message to Hunters Bay Radio morning director Grant Nichalls which contained vulgar language about the station’s managing director Jeff Carter, who launched the complaint.
“I have decided to recommend only a reprimand because it is a first offence and this report must be made public as required by the Municipal Act. It is hoped that Councillor Thompson will be aware that a repeat offence will have more serious consequences,” added Swayze.
But Wiebe questioned the commissioner’s conclusion. “I have a question surrounding what does in fact constitute privacy?” Wiebe noted that based on his understanding of the violation in question, communication was exchanged between two personal cell phones, and questioned where the line is drawn between a private and public exchange.
Huntsville clerk Tanya Calleja said it was unfortunate but the commissioner did not attend the meeting because he did not think he would be required.
“I feel like I’ve got questions that maybe can’t get answered today,” said Wiebe. He agreed to email his questions to the clerk who would forward them to the integrity commissioner and share the commissioner’s response with council.
Calleja noted that Huntsville’s integrity commissioner, as well as the Council Code of Conduct, are prescribed under the Municipal Act. She said that while Councillor Thompson could speak on the issue and sit in on the discussion, he could not vote on the commissioner’s recommendation.
In the end, the recommendation was approved by all of council with the exception of Wiebe.
There were no comments from Thompson.
Following the meeting, when Doppler asked him to comment on the issue, he said: “I sent a personal and private text to a friend and where it went from there I don’t know. I mean I’ve heard but I don’t want to offer conjecture on it at all. I’ve heard different stories on it but it was a personal and private text that I sent and that’s really all I have to say about it.”
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Brian, If I might give my opinion at great risk, it would be this, You have and can be dedicated to the town for a number of years on council but the thing to remember is one slip, and that is forgotten, remember we have a lot of experts waiting to criticize every slip one might make and see their name in the media.
Thank you for your work on council.
It’s rather impossible in his situation. Who can replace him?. In Ontario we have a few, but most of them do not prefer constant travel.They’ve settled in the biggest cities and that’s enough for them for now. Robert since starting his first job in this profession in Oakville in 2008, was different.He liked to travel. Meet other people (Robert’s character reminds me very much of the character from Nikolai Gogol’s novel *Reviser*). That thought prompted him to extend his jurisdiction (if we use legal terminology) to Mississauga, Brantford, Guelph, Port Hope, Ottawa-area Carleton Place and many others in recent years. Each municipality pays him an average of around $20,000 a year.Work is not easy and the competition is not sleeping. The most important thing is that he respects his work and the people he serves.
Perhaps Mr. Swayze might consider relocating to Washington D.C..Apparently there is a need for a person with his qualifications there !
I think you will find the answers to most of your questions in this earlier Doppler article that was linked in the most recent story.
https://doppleronline.ca/huntsville/councillor-brian-thompsons-text-contravenes-code-of-conduct-integrity-commissioner/
I am curious. And I apologize for taking up space on this page if there is clarity regarding this issue that I don’t see here. Violation of Huntsville Council’s Code of Conduct sounds serious, is it not?
This article is sparse on detail and I wonder why? What was the content of the text message between Thompson and Grant Nichalls? What was Jeff Carter’s concern and response? Wonder why Councillor Wiebe is concerned regarding private and public communication here when this does not address the issue at hand? Obviously one party chose to make it public. Is this issue just swept quietly away, never to be heard from again?
The Integrity commissioner has the power to investigate and, if an ethics violation is found, to impose sanctions. The codes of ethics also regulate the hierarchy of ethical principles and determine the sanctions for their violation. The standards of professional ethics should cover issues such as: the principles of correct relations between members of a given professional group and between them and persons from outside the group (clients, students, citizens, etc.), including the issue of conflict of interest; the issue of loyalty to a given environment, organization or institution, including the care of its good name and issues of professional secrecy. Sanctions imposed as a result of a violation of the rules of ethics may be of a symbolic nature (warning, reprimand) or more severe – such as financial penalties or temporary suspension of the rights of a member of a given environment, including the right to exercise the profession.
Opinions on the practice of establishing codes of ethics are divided. Their opponents believe that the need to set ethical standards is evidence of the decline of customs. The establishment of a code of conduct creates an illusory impression of improvement and exempts the individual from prevention in the field of ethics and morality. It may also create the conviction that behaviour or practices not included in the code do not constitute a violation of the rules of ethics and are therefore allowed (ethical). Supporters of the codes emphasise their preventive and educational, but also promotional character. The ethical standard is a model of behaviour for members of a given environment and promotes a positive image of this environment outside (among customers and stakeholders). The truth – as Aristotle argued – usually lies in the middle. Was he right?.
Next case closed at an express rate.Bravo.