Sudbury councillor accused of 'aggressive and unprofessional behaviour' by integrity commissioner

The Integrity Commissioner for the City of Greater Sudbury says a city councillor should be reprimanded by council for contravening the code of conduct and code of ethics for councillors.

Robert Swayze's report on councillor Robert Kirwan will be discussed at an upcoming city council meeting on Sept. 24.

In the report, Swayze says he has received nine separate code complaints against councillor Kirwan, "many of whom wish to remain anonymous." One complaint was from the Downtown Business Improvement Area, a group Kirwan suggested be dissolved.

Swayze adds many of the complaints concern Kirwan's social media page called the Valley East Facebook Page.

"One common thread through most of the complaints is the allegation that Councillor Kirwan abuses and harasses members of the community if they disagree with him, which is contrary to the code," the report states.

"Many examples of his reaction to criticism of his idea on issues were provided."

In his report, Swayze says "he cannot excuse the behaviour of Councillor Kirwan towards members of the community as vigorous debate or acceptable political rhetoric."

"He has more than crossed the line drawn by the provisions in the code and the code of ethics," Swayze said.

"He appears too often to be unable to enter into professional debate with anyone who disagrees with him, but rather prefers personal attacks. From the complaints I have received, I find his approach to such members of the community, many of whom volunteer their time in support of the downtown, is arrogant and peremptory."

'Arrogant and peremptory'

Swayze provided examples of Kirwan's reponses in his report from the Valley East Facebook page, including the following post:

• "What an utter waste of time to have to respond to this drivel. Surely to God this man doesn't have the audacity to think that I am going to allow a washed out dinosaur from an entitled professor like Dr. (name removed) attack my credibility from his ivory tower at Laurentian University. He clearly demonstrates all of the entitlement characteristics of a university professor who has never had to work a day in his life."

Swayze says as part of the complaint process, he showed Kirwan several of the complaints and requested a response.

"[Kirwan's] response referred to the complainants' intent to 'publicly humiliate him' and damage his reputation," the report stated.

Swayze said Kirwan then told him that he will "receive a continuous stream of complaints over the next several years as long as [Kirwan] is a member of council."

"It was obvious to me that [Kirwan] does not intend to change his aggressive behaviour and remains unable to politely accept contrary points of view."

He did add Kirwan did promise to "exercise more restraint in the future."

Some complaints dismissed

Swayze concludes he encourages debate and that it's not his job to muzzle members of council. 

"However, I believe that Councillor Kirwan's penchant for personal attacks against members of the community is contrary to the code and code of ethics," he said.

"[Kirwan] continues to believe that a conspiracy exists among certain members of the community who he calls enemies. His combative tactics must stop."

Some of the complaints against Kirwan were dismissed. On the Valley East Facebook Page, Swayze notes "much of its content is municipal information that the councillor acquired through his office." Swayze notes on the page, Kirwan writes advertisements and charges local businesses for the service.

"The complainants argue that he is, in effect, selling municipal information which he should provide for free as part of his function as a member of council," the report states.

"I have dismissed all of the complaints filed on this ground, because the role of councillor is a part time activity and operating a business does not offend the code."

Another complaint accused Kirwan of "issuing false statements and speaking on behalf of council without authority."

"I extend considerable latitude to members of council when they are arguing for positions that they hold vigorously debating with other members of council," the report said.

"I regard this as an essential part of the democratic process and dismissed several of the early complaints on this ground as well."

CBC Sudbury has reached out to Kirwan for comment. He says he will respond in the coming days.

In a statement to CBC Sudbury, mayor Brian Bigger says he has received the report and it will be discussed at the upcoming council meeting.

"As always, I encourage all of us to approach each other, our constituents and residents of Greater Sudbury who contact us or interact with us with maturity, patience and respect."