Coun. Josh Matlow should be docked pay for violating code of conduct: integrity commissioner

Toronto's integrity commissioner has recommended a 10-day suspension of Coun. Josh Matlow's pay after he broke council's code of conduct for criticizing city staff on Twitter. 

The findings were released Friday by Integrity Commissioner Jonathan Batty, who looked into two complaints made by city staff against Matlow. The Toronto-St. Paul's councillor accused city staff of lying to him in an email about whether all city park bathrooms had been opened — which was a topic of public debate last summer.

The integrity commissioner's report — which you can read in full here — outlines the behind the scenes exchanges between city staff and the mayor's office that led to Matlow receiving erroneous information, but found the councillor's actions upon receiving that information via email violated the code of conduct.

Matlow also criticized the appointment of Tracey Cook as interim city manager, tweeting she was the "very wrong person" to hold that job. When she complained, Matlow engaged in "subsequent reprisal," the report said.

That code states councillors must treat city employees appropriately. As a result, Batty is recommending that council suspend Matlow's pay for a total of 10 days, beginning May 1. Council is set to vote on that at its meeting next week.  

The report comes days after Matlow announced he will be running for mayor in this summer's byelection (the timeline for which council is also set to finalize next week.)

Matlow on Friday defended his actions on Twitter and in an email to constituents. 

Integrity commissioner probed 2 complaints

The first complaint, made by former city manager Chris Murray, was in regards to a tweet from Matlow on June 16, 2022 that commented on information he received from the general manager of parks, forestry and recreation. 

"I don't appreciate being lied to. Nor should you. All park bathrooms were not opened by May 24 this year. That's unquestionably untrue," Matlow tweeted on June 16.

The second complaint was made by then-interim city manager Tracey Cook when Matlow tweeted the mayor and council chose the "very wrong" person to serve as acting city manager on July 19, 2022.

"I refuse to ignore Tracey Cook's decisions to omit facts regarding SmartTrack, and her approach to the violent encampment clearings. I can't support this choice in good conscience," he said in a tweet.

The report said the complaints were joined together for the purpose of the investigation as they both involved Matlow's public treatment of city staff, within a short amount of time.

Responsibility to put residents first, Matlow says

Following the report, Matlow issued a statement, saying he believes "elected representatives have a responsibility to put residents first.

"That includes taking a stand when encampment clearings are done violently, advocating for park bathrooms and water fountains to be open and functioning, and demanding that billion-dollar projects are never approved based on misleading figures," he said in a letter to constituents.

Matlow said the issues highlighted in the report are all instances where information staff provided to the public, and the actions they took, "supported former Mayor Tory's political direction rather than provide independent and objective advice.

"Toronto residents should always be able to trust that the information they receive from the City of Toronto about the issues and services that affect their lives is accurate," he added.

The investigations were terminated last year on Aug. 19, due to the municipal election but were picked up again, after voting day on Oct. 24. Matlow, who represents Toronto-St. Paul's, cruised to the election win in his ward, capturing 84.7 per cent of the vote in that election.

The recommendations will be considered by council at its meeting next week.