A reprimand is being recommended for Pelham Mayor Marvin Junkin as a result of two, external investigations, according to reports on Monday’s Council Agenda.
The Town’s Integrity Commissioner concluded that Junkin breached three provisions of the Town’s Code of Conduct, most notably by concealing a matter from the public that should have been decided at a Council meeting.
In addition, a report by the Ombudsman Office of Ontario, arising from the same set of circumstances, states that contrary to law, the municipality tried to shield its decision-making process from public scrutiny.
Junkin ran afoul based on his attempt to get Council to make a decision on whether to accept a potential $25,000 donation by a local cannabis company to refurbish the Town’s bandshell.
In an email on January 9th to some of his Council colleagues, Junkin stated, "because this discussion does not fit the criteria for in-camera, it was decided, by David Cribbs, the Town CAO, and I that perhaps we really wouldn’t want to discuss this in open session, so just this once we would make a decision by email, outside of Council."
The email was part of the evidence relied upon by the Integrity Commissioner.
Junkin ultimately determined that the Pelham Council did not support the donation.
The Mayor denied any intent to hide this issue from the public.
Integrity Commissioner Michael Maynard, found the discussion on whether to accept the donation or not, should have occurred at Council, in compliance with the Town’s procedural by-laws and statutory requirements..
The complainant in the cases was Junkin’s fellow council member, Ron Kore.
Kore characterized Junkin’s attempt to conduct Council business outside of a meeting, as akin to a “back room deal”.
He also took exception with Junkin replying that Kore’s concerns were “the height of silliness”.
Kore recently returned to Pelham Council after a two month absence, during which time he tested positive for COVID-19.
Investigator Maynard concluded that though Junkin violated the Code of Conduct, his actions were "as the result of an error of judgment rather than by any nefarious design." Accordingly, the recommendation is for a reprimand. The maximum possible sanction for a Code of Conduct violation is a 90-day loss of salary.
Pelham Council’s will consider the reports tomorrow.
Like most Niagara municipal councils, during the pandemic, the meeting will be conducted electronically.