Whitehead bullied staff, should be docked a month of pay, Hamilton integrity commissioner says

The report says the Mountain councillor violated the code of conduct as he questioned Aberdeen's road design

Image | Terry Whitehead

Caption: Hamilton city council will discuss an integrity commissioner report Wednesday saying Terry Whitehead should be docked a month of pay. (Samantha Craggs/CBC)

Hamilton's integrity commissioner says Terry Whitehead should lose a month of pay after finding the Mountain city councillor bullied city staff in a meeting about traffic on Aberdeen Avenue, and that he should be restricted in which staffers he deals with directly.
Principles Integrity, the firm given the role of integrity commissioner, says Whitehead was antagonistic and hostile toward a senior staffer in discussing the reconfiguration of the west-end road, which Whitehead says has slowed down commuters from Ward 14.
At the Sept. 11, 2020, meeting, the report says, Whitehead delivered a series(external link) of antagonistic questions(external link) at a chief road official. If something similar had been in court, the report says, it would be seen as "witness badgering."
Coun. John-Paul Danko (Ward 8, west Mountain), who was chairing, ultimately ejected Whitehead from the meeting(external link).
"No court would condone it," the report says(external link) of Whitehead's method of questioning. "The opposing lawyer would object. In a workplace, such questioning of another employee would quickly be recognized as harassment."
The report says Whitehead also spread a rumour that the staff member had been fired from a previous job.
While some interviewed summed it up as "Terry being Terry," the report says, the commissioner found that Whitehead contravened the council code of conduct by way of "harassment, bullying, attacking" and "impugning staff integrity and competence."
The report also says Whitehead's long-term approach to questioning staff has "had a chilling effect which requires management to curate who can attend committee meetings to present reports when Coun. Whitehead is anticipated to be present, with senior staff members often taking on the role themselves in lieu of staff who might have more direct experience with a matter."
"The damage to staff, and to the culture of respect in the organization, is significant and lasting," it reads.
CBC News is pursuing comment from Whitehead. Council will discuss the matter Nov. 10 and decide what, if any, action to take.

'Beaten up badly' over Aberdeen

In the report, Whitehead says the staffer had a "lack of empathy" that Whitehead was "beaten up badly" by constituents who hate the reduction of car lanes on Aberdeen. Five days before he went on a seven-month medical leave in March, the report says, he contacted Principles Integrity to say the preliminary report findings were "unfair, unethical and flawed."
Whitehead returned from medical leave this month.
At a meeting Sept. 17, 2020, some councillors spoke against the criticism of Whitehead's passion for the subject of Aberdeen Avenue.
"I've noticed some of the unnecessary criticism, and at times mocking remarks, he has had to endure because he was fighting what the overwhelming majority of the west Mountain wants," said Coun. Tom Jackson (Ward 6, east Mountain) at the time. So "I just want to admire and recognize him."
At that meeting, Whitehead said, "When you ask questions and there are inconsistencies in the answers, you're going to expose that. When you do that, that's not disrespectful."

'The voice of reason'

The report says it's up to council members to call out and challenge "with the voice of reason," when "conduct escalates."
"It would be unfortunate if members of council do not place value in supporting the appropriate and respectful treatment of professional staff above their personal allegiances and loyalties to each other," it says.
In the report, the integrity commissioner recommends Whitehead be limited to dealing with his own office staff, general managers and the city manager, and to only direct questions during meetings to whoever is chairing.
As for Danko, he says he still believes ejecting Whitehead was the right move.
"He had the opportunity to apologize, and I'm done with this," Danko said when he kicked Whitehead out of the Sept. 11 meeting.
As for whether he'll support the recommendations, Danko said Friday that he is "going to read [the report] carefully."
"Whatever happens with the recommendations will be the will of council," he said. "I don't really have too much to add."