Integrity commissioner dismisses complaint against Gananoque councillor

Gananoque’s integrity commissioner has dismissed a code of conduct complaint against Coun. David Osmond, finding no evidence that the councillor acted disrespectfully toward a resident during an email exchange that ultimately led to a formal investigation. 

The report from integrity commissioner Tony Fleming is scheduled to be received by council and made public at Wednesday night’s meeting. 

The complaint stemmed from a series of emails exchanged in April after a resident contacted council requesting changes to the town’s animal control bylaw to include cats. 

Osmond responded with a detailed explanation of his position on the issue. After the resident described his response as a “personal opinion screed” and asked that such emails cease, Osmond replied, defending both the time he had spent responding and his right to express his views as a councillor. 

The resident subsequently filed a complaint alleging Osmond had violated the Town of Gananoque’s code of conduct by failing to maintain the standards expected of elected officials and by not approaching decision-making with an open mind. 

Following a review of the correspondence, Fleming concluded there was no breach of the code of conduct. 

The report found Osmond’s comments did not demonstrate he had closed his mind to alternative viewpoints and noted he had encouraged the resident to continue bringing forward ideas and solutions regarding the bylaw. 

Fleming also rejected allegations that Osmond’s emails constituted abuse, bullying, intimidation or disrespect. 

“Based on the written record, the Integrity Commissioner finds that the Member did not use offensive language and did not insult the resident,” the report states. 

The report further concluded that while sarcasm was evident in some of the correspondence, it did not rise to the level of a code of conduct violation. 

“The sarcasm evident in the response is not sufficient to breach the Code of Conduct,” Fleming wrote. 

In dismissing the complaint, Fleming noted that councillors’ freedom of expression must be balanced against the expectations outlined in municipal codes of conduct, and that not every instance of perceived impoliteness amounts to misconduct. 

“The Member responded politely while still expressing that he did not appreciate the dismissive tone of the resident,” the report states. 

No recommendations were made to council because no violations were found. 

The report comes as council is simultaneously considering changes to the municipality’s integrity commissioner complaint process. Earlier this month, Osmond successfully introduced a motion directing staff to review the system and report back on potential options, including whether fees should be required when filing complaints. 

Osmond, who has been the subject of three integrity commissioner complaints during the current term, has argued that meritless complaints can be stressful for elected officials and costly for taxpayers. The motion requesting a review of the process was approved unanimously by council. 

Keith Dempsey is a Local Journalism Initiative reporter who works out of the Brockville Recorder and Times. The Local Journalism Initiative is funded by the Government of Canada.