Roads workers were hurt by 'loose-lipped politician,' but city doesn't owe damages: ruling

The city won't have to pay damages to 25 roads workers who say their reputations were destroyed by comments made in the media, an arbitrator has ruled.

But he does brand one city councillor a "loose-lipped and publicity-seeking politician," and says the city gave incorrect information to police.

A high-profile 2012 investigation saw nearly 50 city roads workers fired, suspended or investigated over infractions such as time theft and breach of trust.

City comments in the media at the time mentioned possible asphalt theft too, which "portrayed (the workers) as criminals," says Lorne Slotnick. There was little evidence asphalt theft had occurred.

"However, while there is reason to be critical of how the city managed the situation, I have determined that bad faith has not been established," Slotnick wrote in a decision Wednesday.

The offending comments about asphalt theft came from Coun. Lloyd Ferguson of Ancaster, Slotnick said. Ferguson chaired city council's public works committee in 2013.

It was "a depiction amplified by a loose-lipped and publicity-seeking politician, and eager local news reporters who were willing to report unverified and unattributed allegations."

Top city officials can't control what Ferguson says, Slotnick said. But they could have corrected his comments.

The issue dates back to late 2012, when the city heard rumours workers were illegally selling asphalt. The hunch, says a previous Slotnick summary, is that "money was changing hands improperly."

The city launched an investigation using surveillance, GPS and other means. It found roads workers taking extra long lunches, running extraneous person errands during work time and other forms of time theft.

Nearly 50 city workers were fired, suspended or investigated over infractions such as time theft and breach of trust. Twenty-one of the 29 disciplined workers grieved their penalties through CUPE 5167, and Slotnick ruled 15 be hired back.

In the Wednesday ruling, Slotnick said a city official also gave erroneous information to police.

A summary prepared by a roads manager said an investigation showed "pothole patching crews were dumping all or a portion of their loads at several locations throughout the city including Coco Paving." 

Slotnick said surveillance video at the time only showed one incident that raised suspicions. He also found no evidence during the hearing that asphalt had been dumped.

Sandra Walker, president of CUPE 5167, said Slotnick's comments "absolutely sum it up."

His ruling "speaks for itself, certainly, in that the situation wasn't handled appropriately."

"I'm sure that the city will take his comments and use that moving forward."

The city, meanwhile, says it's satisfied with the decision.

"We accept the award," said spokesperson Jen Recine, "and we will continue to move forward."