A blistering report was presented to Brudenell Lyndoch and Raglan (BLR) Council on November 4th by the BLR Integrity Commissioner. Above: Integrity Commissioner Peggy Young-Lovelace E4m (Photo Elliot Lake Standard)
The report followed a complaint that Councillor Andrea Budarick, after declaring a pecuniary interest, contravened sections of the Municipal Conflict of Interest Act (MCIA) by participating in Council meetings and entering into discussions about service charges that residents, including her son Gary Budarick, received from the BLR Fire Department for breaching a municipal fire ban.
After Young-Lovelace introduced herself prior to presenting her report, Budarick interrupted, “I would like to make a point of order.” She pointed out that on the first occasion that Young-Lovelace presented a report to BLR Council, a copy of it had been provided in advance to the person complained against so that person could respond before the report was finalized and released to the public. Budarick asked why she was not given the same opportunity. Young-Lovelace’s response was that the earlier report was in the form of a “preliminary review.”
The reduction of the service charges was discussed at a Council meeting on September 4 2019. That meeting was attended by Budarick, prior to which she filed a written declaration of her interest because of her son’s role. Young-Lovelace found that instead of recusing herself from the meeting after declaring a pecuniary interest, Budarick participated in the discussions with the Fire Department representative.
As reported by The Current at the time, fees levied against Budarick’s son by BLR were later reduced after complaints were made to the Fire Safety Commission and the Office of the Ontario Fire Marshal.
Young-Lovelace also found that Budarick should not have remained in the closed session Council meeting on October 8 2019 because she had declared a pecuniary interest. The report further accused Budarick of “attempting to influence the decision of council regarding the service charges when she participated in the September 4 2019 Council meeting.”
Young-Lovelace concluded by stating, “We will be applying to a Judge of the Ontario Supreme Court of Justice under Section 8 of the MCIA for a determination of whether Councillor Budarick contravened the MCIA and if so a decision as to the penalty to be imposed.”
If a judge upholds the Integrity Commissioner’s findings, the court can level one of the following sanctions:
- seat vacated (automatic if breach of MCIA is found to have occurred without excuse)
- disqualification from holding office as a councillor for up to seven years
- restitution of financial gain, if applicable
This would give Budarick an automatic right to appeal the decision to the Ontario Divisional Court.
The Current contacted Budarick following the meeting for comment. She said that as she was going to retain a lawyer to advise her about the concerns she had with the report, she did not wish to make any public statement about its contents at this stage. But the Councillor did say that she was surprised that Young-Lovelace did not recuse herself from this investigation because she had previously publicly criticized Young-Lovelace about the necessity for her previous investigation and the amount of her fees. Click HERE to read The Current’s report. Budarick advised The Current that she had written to Young-Lovelace asking why she had not recused herself and had not recommended that BLR retain a different Commissioner for this investigation, but has yet to receive a reply.
Sadly, Ms Budarick is not the first to find herself in the crosshairs of PYL.
I have put in a CoC complaint that was not responded to by PYL for one year, although I had repeatedly asked for updates.
After that year MsL. finally stated that there was no basis for an investigation and that she had told Council that 8 months prior!!
No report, no sign, no accounting and a further arrogant statement that she was not mandated to tell me of that decision.
Municipal Affairs is currently looking into changes surrounding ICs and I think small communities need to make their voices heard. This “company, nonprofit??” Is making a killing over things that should have been mediated.
BTW… the training Ms. Budarick will have to take will be provided by no other than… ??
So many problems here but let’s confine ourselves to basic principles:
Reasonable Apprehension of Bias- (legal term) “A reasonable apprehension of bias may be raised where an informed person, viewing the matter realistically and practically and having thought the matter through, would think it more likely than not that the decision maker would unconsciously or consciously decide the issue unfairly.”
So Councilor Budarick, who on 3 Feb 2020, took issue with the ratepayers having to pay $4k for terrible work product from the private company BLR hired to act as their Integrity Commissioner now finds herself in the crosshairs of the same Integrity Commissioner and surprise is treated harshly as a result.
Totally legitimate…in Kazakhstan. BLR Council brought to you by Borat.