Former Chatham-Kent councillor says integrity commissioner should be terminated

A former Chatham-Kent councillor under investigation by the integrity commissioner alleges he is being treated unfairly.

Derek Robertson, former councillor for Ward 6, is being investigated for his involvement in a business owner's procurement of a building permit.

Robertson said his lawyer received a copy of a signed and dated report from Watson for comment before Robertson or his lawyer was ever interviewed by Watson.

"He had to interview any relevant parties by way of law, the bylaw produced by the council," Robertson said. "Unless that happens, the report can't happen whether it be in draft state or final state."

According to the report sent to Robertson's lawyer for comment, Watson did not interview the complainant either.

Allegations of influencing staff

According to Watson, Robertson had been involved in helping the business owner with acquiring a building permit since at least October 2017.

The application and approval process has gone through numerous discussions, meetings, and a permit was even revoked at one point, the report details.

Watson's investigation revealed that Robertson, in his effort to help the business owner, used his authority either directly or indirectly to interfere with the work of Paul Lacina, the chief building officer (CBO).

Some examples outlined in Watson's report include Robertson pressuring staff to work overtime to find a resolution for the building permit application, and wanting to review CBO's performance in a closed session council meeting.

"Implicit threats to take action that could lead to the termination of the CBO were presented to the [general manager]," the report states.

Robertson's lawyer, Steve Pickard, disagrees with Watson's findings in a formal response.

"[Mr. Robertson] never communicated with Mr. Lacina directly or indirectly," the response reads.

"Mr. Robertson was properly fulfilling his official duties and to determine otherwise would mean that Council as a whole may not question the actions of their own appointees."

According to Pickard, Lacina "has a long history with developers and entrepreneurs" in the municipality.

"There are open legal matters pending with the Municipality that Paul Lacina is at the heart of and responsible."

Steps ahead

On Monday afternoon, he and Watson were scheduled for an interview, almost two months after the report was first sent for comment on Jan. 28.

In an email sent to Pickard by Watson, Watson writes he would "prefer to have [Pickard's] written response in advance of the interview."

Robertson said he wants Watson to recuse himself because he has demonstrated a "gross apprehension of bias," and the findings cannot be trusted as fair.

Not only that, he wants further action taken by council.

"In my opinion, council needs to review the behaviour of the integrity commissioner on this file, and they should terminate him," Robertson said.