​Kincardine councillor left unscathed by integrity commissioner’s report

Despite a lengthy discussion and debate on the issue, Kincardine councillor Bill Stewart (above) ended up unscathed by an integrity commissioner’s report stating that he breached the Municipality of Kincardine’s code of conduct.

Jeffrey Abrams of Principles Integrity presented the report to council at its meeting Wednesday night (May 14). It stemmed from complaints by three members of council and a member of the public.

The complaints were received by the integrity commissioner Sept. 24-26, regarding Stewart’s conduct during the discussion of decommissioning the Secord Monument. It was alleged that, after the decision was made to decommission the monument, Stewart, the lone dissenting vote, refused to accept the decision by council.

He was further alleged to have inflamed public sentiments on the issue by twice sending letters to the editor of the Kincardine Record on-line news source, that were inappropriate and inflammatory.

And he shared a confidential letter, referencing potential litigation that was sent to the mayor, members of council and the chief administrative officer (CAO), by a law firm. During a closed session Sept. 25, 2024, Stewart confirmed he had shared the letter with his lawyer and other people.

After a lengthy and thorough investigation, Abrams concluded that Stewart’s behaviour in the circumstance, fell below the high standard of behaviour expected of elected officials.

He said that Stewart’s letters and comments in the Kincardine Record on-line news source, fell below that standard, in that they undermined a decision made by council that had been carefully undertaken and that followed extensive public research and consultation.

Council made its decision about the Secord Monument Sept. 11, so Stewart’s postings a week later were “disparaging of staff and his colleagues, disrespectful and inflammatory, in contravention of Sections 14 and 15.1 of the code of conduct, respecting communications and media relations, and social media, respectively," states the report.

Abrams also found that Stewart shared confidential information (the letter from the Alberta law firm) without authority to do so.

The integrity commissioner recommended that having breached the code of conduct, Stewart’s remuneration be suspended for a period of one week (equivalent to half of a pay period).

Stewart told council that all members received the letter about the Secord Monument, Sept. 23, 2024, but nobody talked about it, and it was not marked personal and confidential at the time.

He was concerned so he showed it to his lawyer and asked his opinion. Since he was not a litigation lawyer, he recommended Stewart show it to another lawyer, which he did, in order to mitigate the risks to him and his family.

Deputy mayor Andrea Clarke said she found this decision difficult and suggested council just receive the report. She asked Stewart that, given the outcome, whether he would have done anything differently.

“It’s not fair for me to question the report at this late date,” said Stewart. “I’ll leave it as is.”

Both mayor Kenneth Craig and councillor Rory Cavanagh agreed with the recommendation by the integrity commissioner.

However, the motion for that decision was defeated.

Councillor Jennifer Prenger put forward a motion to receive the integrity commissioner’s report for information, and that was seconded by councillor Stellina Williams.

Council agreed.