TEHKUMMAH—Tehkummah Township council has authorized civil action being taken against Mayor John Deforge, as council believes the mayor has contravened the Municipal Conflict of Interest Act.
At a special council meeting December 18, councillors considered resolution 2025-232 referring matters related to the actions of the mayor to the Integrity Commissioner (from a matter arising from a previous closed session of council). At its recent meeting council passed a resolution “whereas council met in closed session pursuant to Section 239(2) of the Municipal Act 2001 to discuss the mayor’s failure to follow council direction and workplace complaints as well as potential legal issues.”
The resolution noted that prior to circulation of the closed agenda, the mayor declared no pecuniary interest in the matters and stated he would remain in the meeting. Council advised the mayor that the matters being discussed were indeed pecuniary in nature. The mayor refused to vacate his seat and requested the matters be referred to the Integrity Commissioner and council did not discuss the closed business. The resolution explains the mayor has stated that the law firm connected to the Integrity Commissioner provided him with personal legal advice specifically contrary to the instructions of council. Therefore, council has lost confidence in the Integrity Commissioner and the law firm’s ability to handle this matter in the best interests of the municipality.
Council passed the resolution explaining that it was declining to refer the matter to the Integrity Commissioner as requested by the mayor.
Later in the meeting on December 18, council passed a resolution to authorize legal action be taken against the mayor. The resolution states in part, “that council believes that the mayor has contravened the Municipal Conflict of Interest Act and council has determined that direct application to the Ontario Superior Court of Justice under Section 8 of the Act is the most efficient, transparent and responsible way to address the matter.”
The resolution further states that council authorize the interim clerk (Peggy Lovelace) to retain independent external legal counsel to prepare and commence a Section 8 application seeking a judicial determination about whether the Municipal Conflict of Interest Act was breached, and any remedies the court considers appropriate thereafter.” The municipality will fund all costs associated with the Municipal Conflict of Interest Act application, and township staff will preserve and provide all relevant records and information to legal counsel for the purposes of the application, and that the interim clerk may execute any legal retainer as necessary to retain independent external counsel for this matter.
Several special council meetings on this issue have been scheduled and cancelled by Mayor Deforge on this issue. One such meeting had been called for on November 13, “Pursuant to Section 240(1)(b) of the Municipal Act 2001, S.O. 2001, c. 25, the undersigned members of council (which included all members of council, Steve Wood, Lorie Leeson, Perry Chatwell, Mike McKenzie) hereby petition that a special meeting of council be held on Thursday, November 13 at 6 pm. The purpose of this meeting is to address matters in closed session in accordance with: Section 239(2)(b), (d),(e) and (f) of the Municipal Act 2001, and Section 3.3 of the Township’s Procedural bylaw 2019-011, for the following purposes: a) dealing with the failure of the mayor to carry out direction of council (personal matters about an identifiable individual, s. 239(2)(b); receiving of advice subject to solicitor/client privilege, s.239(2)(f); (b) false advertising of municipal jobs by the mayor and acting clerk administrator (personal matters about an identifiable individual, s.239(b); receiving of advice subject to solicitor/client privilege, s.239(2)(f), c) workplace complaints against the mayor (personal matters about an identifiable individuals, s. 239(2)(b) labour relations or employee negotiations, s. 239(2)(d, litigation or potential litigation, s.239(2)9(i),(e) and receiving of advice subject to solicitor/client privilege, s.239(20)(f).
The Expositor was able to contact two councillors and the township mayor in trying to get more information on this issue. In all cases, they did not want to comment because the issue was discussed at in camera meeting and is a legal issue.
