Shirton breached code of conduct: Investigator dismisses all but two complaints

HALDIMAND—Integrity Commissioner (IC) David Boghosian has found that Councillor Rob Shirton breached Haldimand Council’s code of conduct.

         The decision follows an investigation that sprung from an anonymously filed resident complaint alleging the male members of council violated the code at a pair of meetings on June 19 and 24, 2024.

         Shirton and councillors Patrick O’Neill, Stewart Patterson, Dan Lawrence, and John Metcalfe were all named in the complaint, with Boghosian noting that during his investigation he also had reason to investigate a statement made by Mayor Shelley Ann Bentley for a possible breach of conduct as well.

         The June 24 meeting saw a large crowd show up to protest Council’s decision not to invite MPP Bobbi Ann Brady to attend delegations at this year’s AMO conference. The complainant, as shared in Boghosian’s report, asserted that all five male councillors breached the code of conduct by failing to:

Provide good government in respect of all matters within its jurisdiction

Perform their duties with integrity

Inspire public confidence in the abilities and integrity of Council

Respect the dignity of individual females, specifically Brady, Bentley, and Councillor Marie Trainer

         The report lists several examples of behaviour and comments made as examples, along with making several allegations that the male councillors blocked female politicians from participating in local events.

Further, the complainant alleges former Ward 4 councillor Natalie Stam was forced to resign from her role due to “male councillors mistreating her.”

         Boghosian ultimately determined that only Shirton would face a formal reprimand for his behaviour, with all other claims dismissed.

         Cited examples of Shirton’s problematic behaviour include telling Trainer she needed to “stop drinking the Kool-aid,” in response to Trainer’s comments against the proposed Empire Communities development in Nanticoke at the June 19 meeting, and stating that Bentley was “out of her mind” for suggesting the deferral of the June 24 decision to ban Brady from AMO, as the next available Council meeting was scheduled to take place after the conference.

         Boghosian took into consideration his discussions with Shirton about the complaint, in which “Shirton was reflective and acknowledged that his choice of words were poor. He offered to apologize publicly for his comments.” Boghosian also considered the “highly contentious” nature of the meetings in question with “strong emotions on both sides”. Ultimately, he recommended that the “appropriate penalty” in this case is for Shirton to apologize to Trainer and Bentley for his comments when the report is discussed in a Council meeting.

         Boghosian’s report was brought forward during the September 23, 2024 Council meeting.

         Prior to apologizing, Shirton stated, “A lot of these claims are falsehoods and trivial…. I can’t get over the cost and waste of time for our public to have to pay for these findings. That is their right, but that’s the world we’re in today. Public figures can be attacked socially or through a complaint process.”

         He continued, “I’d like to apologize for my comments at the June 19 CIC meeting, where I made comments directed at Councillor Trainer and the council meeting on June 24, and my comments at Mayor Bentley…. My comments were inappropriate, and my choice of words were poor. But they were not intended to offend anyone. Moving forward, I will do better in restraining from my outbursts. Thanks.”

         Trainer responded to the apology, appearing via video from her hospital bed, where she is recovering currently from a car accident: “I receive Councillor Shirton’s apologies gracefully on one condition – that he promises to still help me as he always has been,” she said.

         During the general discussion, councillors raised concerns for the current complaint process.

         Patterson said he did not know he was named in the report ahead of receiving it the Friday prior to Council: “I assumed if you’re named in a complaint, you would be told or informed prior to.”

         County Clerk Chad Curtis responded that he would speak to Boghosian about Patterson’s concern.

         Metcalfe took issue with the anonymous nature of the report: “I find that disturbing in itself, that it was basically anonymously put out there, but if Councillor Shirton is comfortable with an apology, I agree with the reprimand I guess.”

         Lawrence agreed, noting a respect for the process but adding, “My problem I have with this is the fact that the complainant can hide behind being anonymous instead of taking it to the forefront, looking somebody in the eye, approaching whoever is in question.”

         He said the list of complaints is “full of fiction”, noting how most of the claims were dismissed. Lawrence cited the “considerable” taxpayer burden of these investigations and suggested that false accusations should be reprimanded.

         “When you serve your time and try to do your best and then have to put up with fictitious accusations, I think there has to be a repercussion sometimes for the public,” said Lawrence, who suggested the complainant contact the councillors in question to discuss their concerns “before taking it to this level.”

         He added, “If you want to assassinate somebody’s decision-making, then to go after their character, I’ve got a problem with that. There should be repercussions to that, in my opinion.”

         Lawrence said following the June 24 meeting he received five phone calls accusing him of gender-bias. He said he met with two of those callers, claiming that in both cases the constituents apologized to him for the accusation.

         “Everybody is on these keyboards and they’re warriors instead of just getting down and talking and formulating decisions based on what is truth and fact rather than fiction,” he concluded.

         Knowing the report would be made public, O’Neill noted, “If anybody has any questions about what they read … I’d be happy to take a phone call or a meeting to discuss it, but I think everything’s pretty clearly outlined in there.”

         The report and Shirton’s apology were accepted unanimously. See the full report as linked in the September 23 Council meeting agenda on haldimandcounty.ca

         Following a request for further information from Shirton, CAO Cathy Case noted that staff would provide a full breakdown of the cost of the investigation in an upcoming Council meeting.