Merulla calls for review of integrity commissioner after it rules he should be docked pay

A Hamilton city councillor is calling for a judicial review into the city's integrity commissioner after the commissionerruled that he should be suspended without pay for five days over an argument he had with a fitness equipment company.

Principles Integrity,Hamilton's current integrity commissioner,saysSam Merulla (Ward 4, east end) violated the code of conduct,and should be penalized for a customer dispute where he used "foul language" and "his title as Hamilton city councillor" with Great Lakes Girya over the late arrival of some dumbbells.

Merulla says the dispute was a private matter, not city business, and in the report, said he didn't use foul language. He alsowants to see what investigatingPrinciples Integrity actually did.

The firm has a "lack of principle and integrity," he said in an email to councillors, and the city should demand a refund.He also describes the work as "gross incompetence."

"We will be seeking a judicial review, and all legal channels, to ensure the truth prevails and accountability, principle and integrity is restored in the office of the integrity commissioner of Hamilton," he said.

Principles Integrity says its report "follows a full, fair and independent investigation."

"If the councillor files for a judicial review, we will defend it vigorously," the companytold CBC News."He invoked his status as a member of council in dealing with a personal commercial transaction.His ensuing behaviour was not in keeping with the Hamilton code of conduct as we set out in the report."

"The report speaks for itself, and his and his counsel's criticisms of us are without substance."

A heated argument

The incident dates back toAug. 22, when Merulla spent$397 to order some weights.

Great Lakes Giryatakes online orders for equipment from China, thePrinciples Integrity report says, and distributes the products from a Kitchener, Ont. warehouse. Customers can get a 20-per cent discount if they preorder.

The integrity commissioner report, which Hamilton city council will discuss Wednesday, says Great Lakes Giryastopped putting expected timelines on its website's preorder information page because they weren't being met.

The site explains that preorders can take anywhere from one to five months to be delivered because of complications due to COVID-19, which is why the discount is available, the report says. It's also non-refundable.

Councillor used expletives, says report

On Sept. 2, the report says, Merulla called the warehouse and spoke to a worker about his order. The report says the exchange became heated, with Merulla allegedly saying the system was fraud and saying to the worker, "Listen here, you f---ing little punk."

The worker also alleged that he said,"I am a f---ing Hamilton city councillor and I can talk to you however the f---I want," and that he would be "paying [the worker] a visit." These comments were also made on a call with the company's owner, the report says.

In the report, Merulladenies using inappropriate language, identifying himself as a city councillor, or saying he would pay a visit.

Merulla's lawyerssay he used "street-language" and the phrase, "you are not going to punk me off."

The company emailed him, the report says, and said "We do not wish to do business with you ever again." The councillor replied that the business' practices were "dubious."

The worker submitted a complaint to the city, and also called the Waterloo Regional Police.

Violated code of conduct

The integrity commissioner says the exchange breached three sections of the City of Hamilton council code of conduct. The codeprohibits councillors from using their influence to their advantage and requires them to treat the public "without bullying, abuse or intimidation."

It also requires members to "arrange private affairs in a manner that promotes public confidence and will bear close public scrutiny."

The report saysit was reasonable to believe that Merulla identified himself as a councillor "to intimidate the complainant in order to obtain a refund where clearly there is a no-refund policy."

"The code of conduct must ultimately have 'teeth'," the integrity commissioner said of their decision to penalize the councillor.

The penalty was affected by the worker feeling concerned enough to phone police, but also by their decision to talk to the media about the incident, which was against the integrity commissioner's advice, the report said.

When one has a "true belief" they have an "inherent right to react as strongly as Coun. Merulla did in this instance," his lawyers wrote in a letter to the integritycommissioner.The letter also included screen shots of complaints made by the business' other customers.

In his email to councillors, Merulla writes that "Hamilton's integrity commissioner has weaponized his office for political purposes because he accepts investigations that save face" following an incident withCameron Kroetsch,Hamilton city council's LGBTQ advisory committee chair.

Merulla said his judicial review would coexist beside theone being pursued by Kroetsch.

"We should look aggressively, for a REFUND!" Merulla wrote. "When it comes to Hamilton's integrity commissioner, the emperor has no clothes!"

A co-partner in Principles Integrity is JaniceAtwood-Petkovski, Hamilton's former city solicitor.