“This is about squashing democracy in Stratford”: Residents challenge temporary city hall ban

Mike Sullivan put it plain and simple. His recent ban from City of Stratford property is undue.

“This is about squashing democracy in Stratford,” Sullivan said. “They do not want the public commenting on their activities – period – and so this is an easy way for them to do this with a completely unfettered, unchallengeable declaration that we violated some policy or another.”

On April 4, both Sullivan and Barb Shaughnessy received notices from the city’s solicitor, Paula Lombardi of Siskins Law Firm, informing them they have been suspended from all city property for three months. Any and all communication must be done through Lombardi’s office.

Both letters were largely the same and resulted from their deputations at the Feb. 26 city council meeting in which Sullivan and Shaughnessy spoke on a few items and the city claims they were in violation of the city’s respectful-workplace policy.

Shaughnessy spoke on a zone change application for 245 Downie St., better known as the Bradshaw Lofts, that would allow units to be licensed as short-term-rental accommodations.

Shaughnessy argued that the property should be focused on long-term housing, a priority in Stratford and the nation as a whole.

Sullivan spoke on that item, in agreement with Shaughnessy, though he also spoke on a closed-meeting investigation report completed by the city’s independent closed-meeting investigator. That report found council wrongly voted on over 100 items behind closed doors between 2018 and 2023.

“Old habits die hard,” Sullivan said at one point in his delegation. “There is no penalty in law for council’s misbehaviour … but who was responsible for creating the mess in the first place? The clerk creates the agenda for each meeting, including determining which items should be in-camera. It is then up to council to decide whether to follow the clerk's agenda or to move items off the in-camera agenda and discuss items in public.

“In the end, it is the chair of the meeting and council who are responsible for knowing the rules.”

Though critical of council and staff, Sullivan does not believe he was in violation of the city’s respectful-workplace policy.

The policy, found on the city’s website, prohibits any disrespectful or inappropriate behaviour on city property, giving the examples of harassment, rudeness, or causing distress to city employees, among other reasons.

Shaughnessy, too, does not believe she was in violation of the policy. Furthermore, she told the Stratford Times a number of the city’s assertions are flat out false.

For instance, Shaughnessy said the city has claimed she made comments to a member of the public that made them concerned about the safety and civility of public meetings, made aggressive and hostile comments to a member of senior administration in the kitchenette during break, and her actions were noticeably aggressive during said break.

Shaughnessy claims she was never near or in the kitchenette during the break in the Feb. 26 meeting and the other allegations are also false.

Sullivan, Shaughnessy, Jane Marie Mitchell and Sharon Collingwood, represented by David Donnelly of Donnelly Law, have challenged the city’s banning of Sullivan and Shaughnessy.

“In my opinion,” a letter from Donnelly to Lombardi reads, “the proposed ban is unconstitutional and illegal. It gives the appearance of being retaliation against the courageous citizens for blowing the whistle on past illegal council conduct.”

Mitchell was given a warning alongside Sullivan and Shaughnessy after delegating on the 2024 budget, which was also approved at that February meeting. Collingwood did not receive a warning nor a suspension but joined the group as a representative of Get Concerned Stratford.

Sullivan was an NDP MP for the Toronto riding of York South-Weston from 2011 to 2015. As a former politician, Sullivan said he is acutely aware of the kinds of criticism politicians and public employees can get.

“I was a politician for a while,” Sullivan said. “You don't like somebody criticising you or your party's policies, but it's part of what you are, you know? You take that with the job.”

City CAO Joan Thomson said in an emailed statement that the investigative process for the temporary suspensions are set out in the city’s respectful-workplace policy.

Anyone can report acts of disrespectful and inappropriate behaviour they witness in the workplace, which city property is. Once an incident report is submitted, it goes to the appropriate manager. In consultation with the director of human resources and the CAO, an appropriate action is taken, in accordance with the respectful-workplace policy.

In this incident, staff also consulted a third-party law firm to conduct a review, Thomson said, though did not name the firm.

If a person wishes to appeal any action, Thomson said the party must address their concerns in writing with the CAO within 14 days of the decision. The appeal will be reviewed by a director and the CAO, and they may consult legal advice at any time in the investigation.

“The person making the appeal will receive a letter outlining the outcome of the decision,” Thomson said. “If the appellant is not satisfied, all further inquiries regarding the incident shall be referred to the Ontario Ombudsman.”

Thomson revealed that since the policy came into effect in 2023, less than five individuals have received temporary suspensions.

Individuals who have received temporary suspensions are still able to participate in city business, but communication must be directed toward the city’s solicitor first and then approved.

In regards to the legal action taken by Sullivan, Shaughnessy, Mitchell and Collingwood, Thomson gave the following statement:

“The city council chamber is a public space and also a workplace, and we are responsible for ensuring it’s a safe and respectful place for everyone. As a result of a few recent instances of disrespectful behaviour in the council chambers, the city has taken necessary action with a few individuals. We want people to feel welcome in our public spaces, but we also want them to feel safe and respected.”

In their letter, Sullivan and Shaughnessy’s lawyer said the city has until April 25 to rescind the suspensions. As of publication, no such action has been taken.

Connor Luczka, Local Journalism Initiative Reporter, Stratford Times