Mississauga city councillor gets 2-month pay suspension for harassing former colleague

Mississauga city council voted Wednesday to suspend pay for one of its own for two months after an investigation concluded he had keyed a former colleague's car.

In February, council requested that the integrity commissioner look into complaints that Ward 6 Coun. Ron Starr had keyed the car of former Ward 2 Coun. Karen Ras, who resigned the month before.

Starr recused himself from the vote on the motion, which passed 9-2.

Appointed by city council, the integrity commissioner is responsible for investigating complaints and to advise councillors about their duty and responsibilities under their code of conduct.

In a report presented to council Wednesday, integrity commissioner Robert J. Swayze said based on a balance of probabilities, Starr scratched Ras's car in April 2021, and that that single incident constitutes harassment under the city's respectful workplace policy.

According to Canada's justice department, a balance of probabilities means that an event is more likely to have occurred than not, which is the standard of proof for civil cases in Canada — in the same way proof beyond a reasonable doubt is used for criminal cases.

Swayze presented his report during Wednesday morning's council meeting, where many councillors had questions about his investigation. Starr's lawyer, Emilio Bisceglia, also spoke to council before voting.

Swayze said he never heard from Starr or Ras directly after April 2021. Although he didn't reach out to Ras or Starr directly, he said he gave Starr and his lawyers ample time to respond to council's request for an investigation.

"I would say in 14 years of being [an] integrity commissioner this is the most I've ever given to a respondent in any case," he said.

But Bisceglia said he gave the integrity commissioner additional evidence, including auto assessment reports, and a doctor's note saying Starr was previously injured in a car accident in 2019 and couldn't have keyed the car.

He said Swayze didn't give that evidence a fair evaluation, and never followed up with Starr or his lawyers to ask questions about it or interview them.

"And that in our respectful submission, is improper," he said.

Car-keying was 'mindless vandalism': report

City solicitor Andra Maxwell reminded councillors several times their job was not to cross-examine the investigation, but to determine whether Starr had received a fair process.

Mississauga Mayor Bonnie Crombie agreed.

"We ask the integrity commissioner to investigate on our behalf — that is his role — and we must have confidence in him," she said.

Swayze told city council that he doesn't normally call for a 60-day suspension on his first offence, but noted the severity of the actions in his report, calling it "mindless vandalism and devoid of common decency."

Ward 5 Coun. Carolyn Parrish said she found that language surprisingly "evocative" and emotional.

Parrish proposed splitting up the motion to accept the report in two, which would give city council the option of simply receiving the report and not imposing punishment.

Parrish also took issue with the basis of balance of probabilities, calling it "an insult" to Starr, who has served his community for many years. She argued that it's one thing to damage someone's car, but "hurting people and taking away their career" is another. 

She said she wasn't convinced by the report that the damage couldn't have happened elsewhere or by someone else. 

But Ward 8 Coun. Matt Mahoney, who had moved to accept the integrity commissioner's report, declined to split it. Mahoney said Starr's lawyer's issues pointed to many third-party reports, but Swayze's conclusions were partially based on a police report. 

"I'm comfortable with Peel Regional Police and I've come to the conclusion that Mr Swayze has based his report on credible people," Mahoney said.

Mahoney said it was important that city council take matters of workplace harassment seriously.

Ras had said Starr had keyed her car eight times over two years and reported the incident to police. Nothing was done until April 2021 when security footage captured Starr in front of her car.

Peel Regional Police investigated the incident, and Starr paid $1,250 to repair Ras's car.

'It is harassment': mayor

Swayze said his report's conclusions were based on surveillance video in the parking garage, the Peel police report, and the fact that Starr paid for the car repairs. 

Bisceglia said the payment happened based on advice from Starr's previous lawyer, which he would not have advised. 

Speaking right before the final vote, Crombie said she wondered if the conversation would have gone differently if Ras herself had been present at the meeting.

"Would we recognize that she is our colleague as well?" she asked.

Crombie said it's a "sad day" for council, but that Starr recognizes that voting on the motion was their responsibility.

She twice pointed out that women face more workplace harassment, including women in public service. 

"I think everyone knows it's likely Starr keyed the car," Crombie said. "And we know that based on the balance of probabilities in the report that we commissioned from the integrity commissioner, and he found that this is likely what has happened."

"[Ras] is seeking justice, not just repayment for damages…I don't think I can give the councillor a fair pass on his actions," she said.

"It is harassment."