Hamilton·Updated

Mayor looking into Mountain LRT meeting where councillors grilled staff

Mayor Fred Eisenberger says he wants to know for his own information whether the code of conduct was violated.

'The real issue is that this is even an issue,' says Donna Skelly

LRT project co-ordinator Paul Johnson addresses the crowd at the LRT information session on the Mountain Wednesday night, while Coun. Donna Skelly looks on. (Adam Carter/CBC)

Hamilton's mayor says he's looking into an LRT information meeting last week where two Mountain councillors fired questions at a staff member in front of a crowd of about 50 people.

The meeting was supposed to give residents a chance to learn about the project from city staff and ask their own questions. Some councillors have criticized the behaviour of Couns. Donna Skelly of Ward 7 and Terry Whitehead of Ward 8 as "off side" and "political nonsense."

There's a power imbalance.- Mayor Fred Eisenberger

Fred Eisenberger was overseas at the time, but says his office is talking to people who were at the Sackville Seniors Centre event to find out what happened.

He's also asked the city's integrity commissioner for his opinion on whether the pair broke the council code of conduct.

"I'm concerned about our staff," he said. "I don't want them to be put into a position where they don't have a defense. There's a power imbalance."

Eisenberger said he doesn't plan to go further with it. He won't file a formal complaint. He just wants to find out more in case someone else does.

He said he also plans to talk to Skelly, who is a new councillor, about what happened on Sept. 21.

Skelly says the staff member agreed to the question and answer session, which was away from the public information session, and that the meeting was respectful. The original format, she says, seems designed to quash dissenting viewpoints to LRT.

"There was no profanity," she said. "There was no aggression. There was no sense of threat."

"I think the real issue is that this is even an issue." ​

Randy and Kelly Swain of Hamilton Mountain and Dennis Hall of Greensville checked out LRT plans at the McMaster Innovation Park this month. Most public information sessions followed this format. (Samantha Craggs/CBC)

Metrolinx and the city held a series of public information sessions this month to answer questions and gather resident input.

We're not ready. We don't have the ridership. We're years and years away from this.- Coun. Donna Skelly to residents at an LRT public information session 

Under the LRT plan, the $1 billion system runs alternately on King and Main streets from McMaster University to the Queenston traffic circle. It will also run down James Street North from King Street to the waterfront.

Metrolinx will use provincial dollars to build the system with input from the city. Eventually, the city hopes to see it become part of a larger city-wide rapid transit network known as BLAST.

Council has voted for LRT several times over the years — including on most of the plans presented at the sessions. But some have concerns. And Skelly, who was elected in a byelection earlier this year, opposes the project.

Initially, the Mountain LRT meeting was going to follow the usual format. Residents would stroll among the poster boards and talk to staff one on one.

A crowd of about 50 people listened while Paul Johnson took questions on Sept. 21. (Adam Carter/CBC)

But Skelly asked for a question and answer session. People crowded around Paul Johnson, the city's head of LRT, and asked questions. Skelly and Whitehead asked questions too, and Skelly used the format to tell the crowd some of her opinions on LRT.

No staff should be subjected to any type of political nonsense, and that's what that was.- Coun. Sam Merulla

"We're not ready. We don't have the ridership. We're years and years away from this," Skelly told the crowd.

"In the end, everyone here is going to pay for this."

Matthew Green, a Ward 3 councillor and LRT fan, called the incident "off side." It's time for a "serious conversation" about how staff are treated, he told CBC Hamilton.

"We have ample opportunities to ask the tough questions in our committee work," he said. "So to corner staff at a public meeting is unprofessional."

Sam Merulla, a Ward 4 councillor who is pro LRT, didn't attend the session in his ward.

Ultimately, council has directed us to implement this project and Paul is doing a great job.- Andrea McKinney, city spokesperson

Every minute a councillor takes up at those sessions is a minute taken from the resident, he said. And his mere attendance would skew the process.

Johnson was "presenting a council-ratified project," he said.

"No staff should be subjected to any type of political nonsense, and that's what that was."

'There to listen'

City spokesperson Andrea McKinney said city manager Chris Murray and his staff were "debriefed" after the meeting.

"Typically, councillors are there to listen and understand residents, which is always encouraged," she said of public information sessions.

"Ultimately, council has directed us to implement this project and Paul is doing a great job."

When we as councillors feel intimidated that we can't speak up for residents...something has fallen off the rails here.- Coun Donna Skelly

Coun. Aidan Johnson said in his limited knowledge of the incident, he has no major issues with what happened. He's held numerous LRT-related meetings in his ward, including information sessions and town hall meetings. When he speaks, he said, he's sure his pro-LRT stance comes through.

"I think Coun. Skelly and Coun. Whitehead have a right to speak their mind," he said. On this issue, he said, it just so happens that "I disagree with them strongly."

Skelly said residents and councillors should be allowed to ask Johnson questions in a public forum.

"When we as councillors feel intimidated that we can't speak up for residents...something has fallen off the rails here."

"When you plan a public information session, a question and answer period should have been part of this. In my opinion, this was structured to quash any form of dissent," she said.

"This was as democratic as you can get."


City council code of conduct - 

SECTION 13 - CONDUCT RESPECTING CITY EMPLOYEES 13.1 

(a) members of Council shall be respectful of the role of City employees to advise based on political neutrality and objectivity and without undue influence from any individual member or faction of the Council; 

(b) no member of Council shall maliciously, falsely, negligently or recklessly injure the professional or ethical reputation, or the prospects or practice of City employees; and 

(c) members of Council shall show respect for the professional capacities of City employees. 

13.4 No member of Council shall use, or attempt to use, their authority or influence for the purpose of intimidating, threatening, coercing, commanding, or influencing any City employee with the intent of interfering with that employee's duties, including the duty to disclose improper activity. 

With files from Adam Carter