‘Frivolous’ complaint from ratepayers’ association costs city $6,500

The Sault Ste. Marie Association of Ratepayers, a grassroots group claiming to protect taxpayer dollars, was accused Monday of making a 'frivolous and vexatious' complaint to the city's integrity commissioner that's expected to cost taxpayers $6,500.

As SooToday first reported last Thursday, the complaint dealt with comments made by Mayor Shoemaker and Ward 2 Coun. Lisa Vezeau-Allen at a city council meeting on March 18.

The complaint was rejected by Toronto lawyer John R. Hart, the city's acting integrity commissioner, who noted that the ratepayers' association asked for a code of conduct investigation without directly witnessing the March 18 meeting or even bothering to view the easily accessible video recording.

After Hart presented his findings at Monday night's city council meeting, Ward 3 Coun. Angela Caputo and Ward 2's Luke Dufour were harshly critical of the investigation as a waste of time and tax dollars.

Coun. Caputo described the investigation as "frivolous" and asked Hart how much the city would be billed for it.

Hart replied that including his appearance at Monday's city council meeting, "the cost exclusive of HST will be in the range of $6,500."

"The ratepayers' association claims to be meaning to hold council and the Corporation of the City of Sault Ste. Marie to be accountable and transparent with spending," Caputo said.

"But it seems that they initiated, in my opinion, this frivolous investigation without concern for the public purse."

"The ratepayers' association, in my opinion, has continually come after council, and has been able to do so under a veil of anonymity. I would hope that in the future, rather than them continuing down this path, that they would just reach out to council. I am always readily available to speak about any situation," Caputo said.

"I would rather work with the ratepayers' association and with any constituent who finds something offensive... before going to an integrity commissioner."

"I hope in the future that we can maybe maintain a better relationship," the councillor said.

Coun. Dufour was also critical of Hart for allowing the investigation.

"Could you not have declared the complaint frivolous and advised the requester that they would need to actually review the behaviour in question as it is publicly available before making the complaint?" he asked.

"There are cities smaller than us that have spent upwards of $300,000 and $400,000 a year on integrity commissioners, in order to adjudicate what to my mind are normal political disputes and disagreements," Dufour said.

"I think it's dismaying to see that Sault Ste. Marie is incurring costs that, to my mind, are vexatious and frivolous. I think that if someone does not deem the issue important enough to even view the material, to read the reports, watch the video, then I certainly don't think it's important enough to pay someone $6,000 to tell me what I already know."

"I think that to continue down this road is to continue spending money utterly frivolously, and it solves nothing at the end of the day."

Hart didn't specifically refer to the Sault Ste. Marie Association of Ratepayers in his written decision, but the organization acknowledged it was the source of the complaint in a news release issued on Monday, prior to the city council meeting:

Press release

Recent behaviours exhibited by members of Sault Ste. Marie’s city council as witnessed by the Sault Ste. Marie Association of Ratepayers have raised serious concerns about council's adherence to its code of conduct for council and staff.

It is crucial elected officials conduct themselves ethically. Breaches to the code undermine not only the public trust but also the integrity of council's decision-making processes.

 Addressing such breaches promptly, efficiently and effectively is essential in maintaining and promoting accountability and good municipal governance. 

To that end, the association submitted a formal complaint to our municipal integrity commissioner in April 2024.

By attempting to employ the current process in filing its complaint, the association gained firsthand knowledge and experience of the difficulty and unfairness inherent in it, which attempts would have been even more difficult for the ordinary taxpayer unless he were to have sought legal counsel.

Every taxpayer ought be able to file complaints simply and easily without paying for professional assistance.

Due to a series of procedural errors subsequent to filing the complaint, consequent expiration of applicable deadlines and the ultimate declaration of a conflict of interest by our municipal integrity officer, the complaint was forwarded for determination to an attorney in Toronto.

To ensure accountability and transparency in filing the complaint and to further scrutinize concerns, potential shortcomings and/or inconsistencies. By refraining from speaking publicly of the filings, the Sault Association of Ratepayers has enabled the procedure to advance without external pressures or interference, thereby fostering transparency, impartiality and objectivity.

Subsequent to the above outcome the Sault Ste. Marie Association of Ratepayers has filed with and requested the advice and counsel of the Ombudsman of Ontario.

The Sault Association plans a September meeting and cordially invites interested citizens to join us by sending your contact information and questions to the email below.

Joining the Sault Ste. Marie Association of Ratepayers makes you an active participant in decision-making processes having a direct impact on your neighbourhood, your quality of life and the future of your community.

For more information contact: [email protected]