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Council reluctant to follow integrity commissioner's recommendation

Principles Integrity was recommending the removal of Coun. Rajni Agarwal from the Fort William Business Improvement Area board.
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Coun. Rajni Agarwal speaks during a meeting of Thunder Bay's city council on Jan. 10, 2023.

THUNDER BAY – It will now be up to city staff to initiate and examine educational training opportunities for At-large Coun. Rajni Agarwal.

Council decided to amend the recommendation from their appointed integrity commissioner, Principle’s Integrity, to remove Agarwal from the Fort William Business Improvement Area board, also known as the Victoria BIA.

The integrity commissioner’s investigation started in Oct. 2023 with a complaint alleging Agarwal was "rude, abrasive and chronically late for meetings, resulting in significant disruptions and causing delays.”

Many councillors, including fellow At-large member Trevor Giertuga, felt that removing Agarwal from the board as per the integrity commissioner's recommendation was a punitive measure.

Janice Atwood of Priniciple's Integrity disagreed with Giertuga’s assessment.

“We always turn our minds to opportunities for training and education. In this circumstance, it is our recommendation that removal from the Board is in the public’s best interest," Atwood said.

“We wouldn't consider removal from the board punitive but rather remedial. It's a remedial way for the board to move forward. This is about what is in the public’s best interest, and what is in the general interest of those who sit on boards.”

Giertuga noted that in conversations with those on the board, he’s hearing that things are running “smoother than they ever have.”

“There have been issues on this board for years,” Giertuga added.

“This sounds more to me like personality issues clashing, so more education and training would be the way to go. I'm not prepared to vote to take her off the board.”

At-large member Mark Bentz put forward the amendment to refer the matter back to the clerk’s office and noted that perhaps there should be some framework around councillors and what their roles are when they sit on committees.

“Given our position, maybe there is the thought that we could put ourselves in a position where we're trying to control what a committee does,” said Bentz. “We as elected members do have insight into the corporation, which can help any board that we sit on.

“I believe education is transformative, and I think that we as council must be the ones in charge if we are going to be recommending education for Coun. Agarwal. I also believe that we should have oversight over that.”

Bentz went on to say that Agarwal is an effective person and can be straight and to the point with her comments.

Despite declaring a conflict of interest to the clerk before the item was raised, Coun. Agarwal did remain in the room for the conversation and later spoke to her colleagues.

“This board is now a hardworking and progressively accomplished board that is working to their mandate, which is to represent the members of the Fort William BIA and not for their own interests,” Agarwal stated during her speech.

“If any other member of council would like to sit on the board, I welcome them to sit there and make that effort to try to make things happen. Keep in mind that these business owners are suffering due to all the neglect that we've had over the years.”

Agarwal also mentioned the support for her staying on the board that came in the form of a statement provided to council.

Agarwal felt governance training from the clerk’s office would be helpful for the board, but council decided to just address measures pertaining to the complaint against her.

Northwood Coun. Dominic Pasqualino and Current River Coun. Andrew Foulds both voted against the amended motion.

“We heard from the integrity commissioner that beyond a reasonable doubt these actions took place, and that there was a mass resignation of individuals from the last board when these events took place,” Foulds noted before casting his vote.

“I'm mindful of fairness towards the councillor but I’m also mindful of justice for those three individuals who came forward.

“The recommendation of removing the councillor from the board came from the integrity commissioner, who we contract as an unbiased third party. I will be supporting the commissioner’s recommendation.”

The resignations were tendered by the chair, treasurer and another member of the board, who cited Coun. Agarwal’s “frequent disruptions and disrespectful behaviour."

Coun. Agarwal has already been docked 30 days’ pay in a separate finding by the integrity commissioner that she violated the code during a dispute with residents over the summer.

The clerk’s office is expected to bring their recommendations back for the April 8 meeting.

 

With files from Brandon Walker




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