KINCARDINE – A member of Kincardine council is accused of making an obscene comment directed at a female colleague during the April 4 meeting of council.
Mayor Gerry Glover issued a statement following the meeting, saying the integrity commissioner has been contacted regarding the comment by Coun. Dave Cuyler into an open microphone, during debate about the Promenade on Queen.
While the exact words cannot be printed, Cuyler appears to have said, “You’re a (expletive),” when Coun. Laura Haight was explaining why she’d brought back the matter of the promenade.
In a later interview, Haight stated, “I am appalled at the language. I naively thought people don’t use that word.”
In response to a question if the incident shows misogyny is more prevalent that we’d like to think, Haight said, “You would be surprised at some of the voicemails and some of the emails I get, based on my decisions. I can’t imagine my male colleagues get the same sort of sexualized messages.”
She said she follows a number of female journalists on Twitter and reads stories about how they have the same experiences.
“I don’t think men are subject to that kind of language… I never thought it would happen with one of my colleagues, around the table,” said Haight.
Council divided over promenade
Council has been divided about the promenade – a popular weekend street market aimed at giving downtown merchants a boost during COVID.
A motion approving the promenade for summer weekends in 2022 had been voted down at a previous meeting, in the absence of the mayor and Coun. Andrea Clarke, with Coun. Doug Kennedy declaring a conflict. With only six council members voting, the resulting tie, with Deputy Mayor Randy Roppel, Coun. Dorne Fitzsimmons and Cuyler against, meant the motion to approve the promenade failed. A subsequent motion by Cuyler, for a Saturday-only promenade, no vendors and only on weekends when there was no other major event, also failed on the grounds it was “too restrictive.”
Coun. Laura Haight had consulted with the BIA and Chamber of Commerce, and made a notice of motion calling for an amendment that would see the promenade held on Sundays. The matter was discussed and voted on at the April 4 meeting.
Cuyler had asked why the motion had been changed from what he’d originally proposed.
Haight had replied, “To animate the downtown…”
As Cuyler continued to interrupt, Mayor Gerry Glover stated, “Point of order!” and added, “If we have to adjourn, we will!”
Haight explained that the thought was Sundays, when little is happening downtown, would be “more beneficial.” At that point, Cuyler again interrupted.
A clearly shocked Coun. Maureen Couture stated, “Oh, boy!”
Couture discussed the “professional” surveys that had been done, showing “overwhelming” support for the promenade. She noted how businesses had suffered through COVID, and would be hit again next year when the street will be torn up. The pipe band parades made Saturday “less than ideal” for the promenade, but “Sunday is of interest.”
Cuyler, who has been open in his opposition to the promenade, asked why it’s necessary, and referred to an informal survey he’d done indicating people didn’t want it. Haight questioned the source of his information.
It was at that point that Cuyler made the offensive comment.
Glover conferred briefly with the clerk, after which he asked Cuyler to apologize; Cuyler would not, at that point. He has subsequently presented a written statement of apology.
However, the meeting calmed down enough that it could continue.
Coun. Bill Stewart referred to the plans for Sunday as “a great compromise… I can support this.” He spoke about the work the BIA has done to come up with activities for children and other events for the promenade.
Fitzsimmons, who had voted against a two-day promenade, said he’d only wanted to ensure people would be able to park on the street and enjoy the pipe band on Saturdays. Having the promenade on Sundays “might entice people downtown.”
Roppel took issue with having vendors as part of the promenade – they’d be the only ones making a profit from the promenade on Sundays, he said.
When the matter was put to a recorded vote, the motion in favour of a Sunday promenade carried 6-3, with the mayor, deputy mayor and Cuyler voting against it.
Kennedy was no longer in conflict, since the promenade would not go further north than Bar Down. He said he was “completely in favour” of a Sunday promenade.
Clarke, too, voted for it, saying it was a “reasonable compromise.”
Public weighs in
The days following the meeting saw a flurry of protest from the community regarding Cuyler’s comment.
Ashley Richards, executive director of Kincardine and District Chamber of Commerce, stated, “The remark made by one of our local councillors at a recent meeting is disappointing at a minimum. Not only does it have an immediate negative impact on the intended recipient and other councillors, but for any future candidate interested in running for municipal council.”
Richards continued, “The unnecessary, inappropriate and derogatory remark reflects poorly not only our council and the corporation of the Municipality of Kincardine, but on the community as a whole. This will unquestionably impact our ability to attract a new CAO, new physicians and any other person contemplating relocation to our area. The negative repercussions are civic, social and economic in nature.”
Meag Durkin, a local resident, has written a letter to council that states, in part, “I am writing to compel you to take immediate action after the unprofessional and misogynistic behaviour… While this is not the first time that Councillor-at-Large Dave Cuyler has violated the code of conduct during the course of his tenure this term, it is by far the most egregious.
“This degrading use of language to cut down, insult and trivialize his fellow member of council is deplorable. It meets the definition of harassment in the workplace and violates the municipality’s Violence and Harassment in the Workplace Policy and the Code of Conduct for Council and Members of Local Boards. The only additional action taken to address this issue was a reminder from Mayor Glover that all councillors keep their microphones off, as their comments were being picked up on the broadcast. No direct apology was given or received, just some ‘friendly advice.’”
Durkin’s letter drew attention to the fact that later in the same April 4 meeting, Cuyler accused a member of staff (female), Jayne Jagelewski, director of community services, of trying to mislead council and the public – another clear violation of the municipality’s code of conduct.
Said Durkin, “No woman should be expected to work in an environment that tolerates this kind of hostility towards them… There is zero tolerance for violence and harassment in all workplaces in Ontario, guaranteed by the Occupational Health and Safety Act and the Ontario Human Rights Code. These guarantees are also written into the Municipality of Kincardine’s own Violence and Harassment in the Workplace Policy.”
She concluded with, “I am asking you, Mayor Gerry Glover and members of council, to take immediate action. Coun. Dave Cuyler should be immediately suspended from his duties in order to ensure a safe workplace for all staff and members of council until his actions can be investigated by the integrity commissioner. Anything short of his removal from the council chambers will send a message to women on council, and those considering running in the fall, that they cannot expect to be treated with basic respect during the course of their term. “
Not the first time
It’s not the first time the integrity commissioner has investigated an incident involving Cuyler.
There was the matter of Sept. 10, 2019, when Cuyler was reprimanded for violating the municipality’s code of conduct by swearing at then-building inspector Dallas Hewitt. Integrity commissioner Harold Elston found Cuyler had been “unfittingly aggressive, offensive and abusive” during the incident.
Then there was Sept. 21, 2020, when Cuyler accused staff of lying in a report that involved the BIA and Chamber of Commerce. At Elston’s recommendation, Cuyler was given a reprimand from council, and his pay was suspended for 30 days – it would have been 90 days had he not apologized.
Since then, council has recommitted to honouring the municipality’s code of conduct (Feb. 7, 2022), which states, as per a statement issued by the mayor on April 6: “All members of council have a duty to treat one another with respect and ‘without abuse, bullying or intimidation, and to ensure that the work environment is free from discrimination and harassment.’”
On April 7, amidst the flurry of outraged comments, Glover issued another statement saying the integrity commissioner had been contacted and would be conducting an “expedited investigation.” Findings of the integrity commissioner are presented in open council.
The integrity commissioner may censure a member of council and/or order suspension of pay for up to 90 days, but does not have the power to remove a member of council from their elected position.
Pauline Kerr is a Local Journalism Initiative Reporter with Midwestern Newspapers. Tammy Schneider is a Local Journalism Initiative Reporter with the Kincardine Independent.
