BLR Integrity Commissioner reports on discrimination claims

At the Brudenell Lyndoch and Raglan (BLR) Council meeting held on November 13, the Clerk placed before Council the report of the Township’s Integrity Commissioner on a complaint made by Palmer Rapids resident, Mr. Ilkyoung Kim.

The complaint stemmed from Kim’s wish to place a chip stand/truck on municipal property, which was refused, and also he alleged he was discriminated against when told by the Chief Building Officer that he needed a building permit for the chip stand. When his application was refused, Kim alleged that the decision was based on discrimination against him, the reason being “in part because he and his wife were the only family of Asian descent in the township.” He argued that the owner of another chip stand in Quadeville received special treatment when she was not required to get the same permits or follow the same rules that he was. Additionally, he complained that his business was not included in a list of stores selling garbage bag tags. He pointed out that a store owned by a member of council was the only listed seller of tags in the official list of stores selling them.

Integrity Commissioner Peggy Young-Lovelace of Expertise for Municipalities  (Photo LinkedIn) stated near the beginning of her eleven page report that  Kim’s complaint against the Chief Building Official and the Township Clerk (whom Kim accused of lying to him) did not fall within her jurisdiction as the Code of Conduct does not apply to Township employees.  She noted that because of this “We have not considered the actions of these employees unless they directly related to Council behaviour.”

After setting out the facts and giving reasons, Young-Lovelace reported, “We find that this matter does not meet the threshold for a full inquiry. We have conducted a preliminary review and based on the evidence do not believe the Requestor [Kim] has substantiated a claim of discrimination sufficiently to rise to the level needed to be a contravention of the Code of Conduct.”

So far as the allegation concerning garbage bag tags was concerned, Young-Lovelace stated, “We considered this as a potential conflict of interest for the member of Council who sells them.” However, she went on, “When the Requestor advised that he had knowledge of this from 2016, it was outside of the six (6) week period wherein an individual can lodge such a complaint regarding a breach of the Municipal Conflict of Interest Act (‘MCOIA’) with the IC.”

In rejecting Kim’s complaint, Young-Lovelace pointed out that Kim has commenced legal proceedings in respect of his allegations of discrimination noting “this matter is before the Courts and will otherwise be resolved.”

The Integrity Commissioner ended her report by concluding:

“It is our opinion that Council as a whole has not breached the Code of Conduct. We find insufficient evidence from the Requestor to show that Council and/or staff are acting in a malicious or discriminatory manner. Based on the materials put before us, and after the preliminary review of the same, the allegations were determined not to give rise to contraventions of the Township’s Code of Conduct. This matter was not fully investigated pursuant to the Integrity Commissioner Inquiry Protocol.

“This report has been prepared to provide an account of the complaint to Council and to create municipal record for our findings.”