The city's acting CAO confirms that costs awarded to the municipality will cover only a fraction of the actual taxpayer money spent on the Chris Patrie conflict of interest process.
As has been previously reported, the total cost of the process, from 2018 to 2023, totalled $599,094. Meanwhile, the city says it expects only to recoup 'more than $100,000' as a result of the recent decision turning down the ousted mayor's appeal, apparently leaving taxpayers on the hook to cover the remainder.
Meanwhile, citizens are still waiting to hear how the city plans to fill the mayor's seat now that Patrie has lost his appeal of a judge's ruling that he violated two sections of the Municipal Conflict of Interest Act during his previous term as a city councillor
Some background
Monday evening, Dec. 18, the City of Elliot Lake emailed a news release, “Updated statement from the City Re Mr. Patrie’s appeal”. It is on the City website here.
The news release informed, “As a result of this decision, the City will recover more than $100,000 from Mr. Patrie to cover its costs in both legal proceedings.”
About two hours later, ElliotLakeToday reached out to the Acting CAO by email and requested, “a current report of Legal / Integrity Commissioner Fees as supplied to council, Oct. 11, 2022.”
The request also read, “At that [Oct. 11, 2022 council] meeting, staff recommended that council direct staff to provide council with this review annually and that it be published to the City’s website. And the council directed staff accordingly. Resolution 390/22.”
The CAO responded Tuesday morning, informing that the request for information had been sent to the Treasurer.
Late in the day Tuesday, the public was informed of a Special Council Meeting called for Wednesday at 6 p.m.
The first report on the agenda was “6.1 Update from City Solicitor Re: Divisional Court Decision – C. Patrie.”
The last report item was “6.5 Report from the Director of Finance & Treasurer Re: Review of Legal / Integrity Commissioner Fees 2023”. The first version of the agenda noted, “Document to be uploaded when available.”
The report document was added to the agenda after noon on Wednesday.
To register for the Public Input Session, Council Procedure By-law No. 16-6 informs citizens, “You must register to speak through the Clerk’s office no later than noon on the day of the Council meeting.”
A citizen comments
During the Public Input Session, Wednesday evening, local resident Mike Thomas addressed the council regarding items 6.1 and 6.5. His statement is here in the video archive.
Thomas addressed the matter of taking the Patrie item into closed session and the “speculation and the misinformation [that] is just going to grow every day that we continue not knowing where we’re going.”
He informed the council, “previously, in the last administration, they were faced with a similar thing – and I don’t expect you to do it – but they had waived solicitor client privilege to be able to deal with this in the public forum - twice.”
Continuing to address a visibly uncomfortable council, Thomas said, “the City’s issued a public statement saying that they’re going to issue a recovery for $100,000 or about that amount.”
“The total cost that you’re being informed of tonight is much more than that.”
The Treasurer’s report in 6.5 detailed “COI Councillor Patrie” 2018 to 2023, totalled $599,094. The previous year's report, available since Oct. 11, 2022, reported the Patrie COI cost 2018 to 2022, totaled $360,534.
The newly updated report stated the Patrie COI costs during 2023 alone, were $238,560.
The Treasurer comments
Later during the meeting, when item 6.5 was before the council, the Treasurer reviewed the report in detail. Regarding the late timing of the report, Treasurer Sonnenburg commented, “In error, it was not added to the F&A [Finance & Administration Standing Committee] agenda for Monday night and it should have been so.”
The Acting CAO comments
Yesterday, ElliotLakeToday reached out to the Acting CAO. In a second email, ELT said, “I suppose the piece I don't understand is how 100k covers the 599k costs.”
Acting CAO Bray responded, “as it was explained to me, judges award costs on an indemnity basis: substantial indemnity, partial indemnity and full indemnity. It is very rare for a cost award to be the full cost.”
The council comments
Agenda item 6.1, the Patrie decision update, immediately followed Thomas’s public input. It was a “may" be considered in closed session item. Councillor Charles Flintoff so moved. Councillor Rick Bull seconded it. All members of council were in attendance and voted in favour of the closed session.
Following the vote, other report items were considered before the council went into closed session.
More than an hour later, the council emerged and the Acting Mayor Andrew Wannan informed the public, “In regards to item 6.1, we had fairly lengthy discussion with the solicitor, and we have given direction. And that’s all I can say at this time.”
2023 - January
The first court decision, City of Elliot Lake (Integrity Commissioner) v. Patrie, was received from the Superior Court, Jan. 9, 2023.
At the council meeting that evening, Councillor Wannan, now Acting Mayor, told the council and public that Patrie was planning to seek a stay of proceedings and would appeal the decision. He continued, “It is our duty as your elected council to continue with the meeting despite the setback.”
Wannan concluded, “We give Mayor Patrie, and his wife Kelli and family, our full support through this process.”
2023 - December
The appeal decision in Patrie v. City of Elliot Lake (Integrity Commissioner) was received Dec. 15. All eight points of the appeal were rejected by the three-justice Divisional Court panel.
After reimbursement of the court-awarded costs of $100k, Elliot Lakers can expect to pay $500k for “Conflict of Interest Councillor Patrie,” plus additional costs, if they arise.
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