1 00:00:32,200 --> 00:00:34,320 Ready? 2 00:00:34,320 --> 00:00:35,750 >> Uh good evening, everybody. Welcome to 3 00:00:35,750 --> 00:00:35,760 » Uh good evening, everybody. Welcome to 4 00:00:35,760 --> 00:00:37,920 our special public council meeting for 5 00:00:37,920 --> 00:00:40,600 Wednesday, July 22nd, 2026 here in the 6 00:00:40,600 --> 00:00:42,520 town of Torbay. Could I get a motion to 7 00:00:42,520 --> 00:00:44,080 adopt the agenda, please? 8 00:00:44,080 --> 00:00:44,990 >> So moved. 9 00:00:44,990 --> 00:00:45,000 » So moved. 10 00:00:45,000 --> 00:00:45,790 >> Second. 11 00:00:45,790 --> 00:00:45,800 » Second. 12 00:00:45,800 --> 00:00:48,110 >> Moved and seconded. All in favor? 13 00:00:48,110 --> 00:00:48,120 » Moved and seconded. All in favor? 14 00:00:48,120 --> 00:00:48,870 >> Aye. 15 00:00:48,870 --> 00:00:48,880 » Aye. 16 00:00:48,880 --> 00:00:50,070 >> Opposed? 17 00:00:50,070 --> 00:00:50,080 » Opposed? 18 00:00:50,080 --> 00:00:51,600 Carried. Thank you. 19 00:00:51,600 --> 00:00:53,800 Uh we have one item on our agenda. It's 20 00:00:53,800 --> 00:00:55,640 uh men and HR. 21 00:00:55,640 --> 00:01:00,110 Councillor Gosse. 22 00:01:00,120 --> 00:01:01,320 » This is regarding the motion to 23 00:01:01,320 --> 00:01:03,040 authorize an external third-party 24 00:01:03,040 --> 00:01:04,559 investigation 25 00:01:04,559 --> 00:01:07,000 for municipal councillor code of conduct 26 00:01:07,000 --> 00:01:09,040 complaint. Whereas the town of Torbay 27 00:01:09,040 --> 00:01:10,840 received a municipal councillor code of 28 00:01:10,840 --> 00:01:13,680 conduct complaint on June 8th, 2026, 29 00:01:13,680 --> 00:01:15,360 submitted by a staff member alleging 30 00:01:15,360 --> 00:01:17,680 conduct that includes harassment. And 31 00:01:17,680 --> 00:01:20,280 whereas section 4.6, the harassment and 32 00:01:20,280 --> 00:01:22,440 bullying of the municipal councillor's 33 00:01:22,440 --> 00:01:24,240 code of conduct, provides that where a 34 00:01:24,240 --> 00:01:25,880 complaint relates to harassment, the 35 00:01:25,880 --> 00:01:28,600 chief human resource officer shall refer 36 00:01:28,600 --> 00:01:30,080 the complaint to the town of Torbay's 37 00:01:30,080 --> 00:01:32,440 respectful workplace policy and 38 00:01:32,440 --> 00:01:34,800 harassment prevention plan. And whereas 39 00:01:34,800 --> 00:01:36,240 the town of Torbay's respectful 40 00:01:36,240 --> 00:01:37,800 workplace policy and harassment 41 00:01:37,800 --> 00:01:39,960 prevention plan under section 42 00:01:39,960 --> 00:01:42,560 investigation of formal complaint states 43 00:01:42,560 --> 00:01:43,920 that in all circumstances with 44 00:01:43,920 --> 00:01:45,960 complaints against council members, 45 00:01:45,960 --> 00:01:47,680 formal investigations will be done by an 46 00:01:47,680 --> 00:01:49,480 external investigator. 47 00:01:49,480 --> 00:01:52,400 And whereas council's council recognizes 48 00:01:52,400 --> 00:01:54,000 the importance of ensuring that 49 00:01:54,000 --> 00:01:55,800 complaints involving allegations of 50 00:01:55,800 --> 00:01:57,720 harassment are addressed in accordance 51 00:01:57,720 --> 00:01:59,520 with the town's adopted policies and 52 00:01:59,520 --> 00:02:01,760 procedures and in a manner that promotes 53 00:02:01,760 --> 00:02:03,840 procedural fairness, independence, 54 00:02:03,840 --> 00:02:06,680 transparency, transparency, and public 55 00:02:06,680 --> 00:02:08,679 confidence in the integrity of the 56 00:02:08,679 --> 00:02:10,320 process. 57 00:02:10,320 --> 00:02:12,200 Now, therefore, it be resolved that the 58 00:02:12,200 --> 00:02:14,480 Town of Torbay Council directs that the 59 00:02:14,480 --> 00:02:16,400 Municipal Councillor Code of Conduct 60 00:02:16,400 --> 00:02:20,080 Complaint received on June 8th, 2026, 61 00:02:20,080 --> 00:02:21,959 including the allegation of harassment 62 00:02:21,959 --> 00:02:24,120 and any other alleged breaches of the 63 00:02:24,120 --> 00:02:26,320 Municipal Councillor Code of Conduct 64 00:02:26,320 --> 00:02:28,560 identified within the complaint, be 65 00:02:28,560 --> 00:02:30,320 referred for investigation by an 66 00:02:30,320 --> 00:02:32,160 independent external third-party 67 00:02:32,160 --> 00:02:34,480 investigator in accordance with section 68 00:02:34,480 --> 00:02:37,280 4.6 of the Municipal Councillor Code of 69 00:02:37,280 --> 00:02:39,160 Conduct and the Town of Torbay's 70 00:02:39,160 --> 00:02:41,000 Respectful Workplace Policy and 71 00:02:41,000 --> 00:02:44,200 Harassment Prevention Plan. 72 00:02:44,200 --> 00:02:45,680 Be it further resolved that the Chief 73 00:02:45,680 --> 00:02:47,760 Human Resources Officer 74 00:02:47,760 --> 00:02:49,959 be authorized and directed to retain the 75 00:02:49,959 --> 00:02:52,000 services of a qualified independent 76 00:02:52,000 --> 00:02:54,200 external investigator with appropriate 77 00:02:54,200 --> 00:02:56,000 expertise in workplace harassment 78 00:02:56,000 --> 00:02:59,040 investigations and municipal governance. 79 00:02:59,040 --> 00:03:00,880 Be it further resolved that the external 80 00:03:00,880 --> 00:03:02,880 investigator conduct the investigation 81 00:03:02,880 --> 00:03:04,760 in accordance with the town's applicable 82 00:03:04,760 --> 00:03:07,280 policies, principles of procedural 83 00:03:07,280 --> 00:03:09,800 fairness, and any applic- any applicable 84 00:03:09,800 --> 00:03:12,600 legislation and provide a written report 85 00:03:12,600 --> 00:03:14,160 of findings and recommendations to 86 00:03:14,160 --> 00:03:16,320 Council upon completion, 87 00:03:16,320 --> 00:03:18,600 subject to any privacy and confidential 88 00:03:18,600 --> 00:03:20,560 confidentiality requirements imposed by 89 00:03:20,560 --> 00:03:21,760 law. 90 00:03:21,760 --> 00:03:23,400 Be it further resolved that all members 91 00:03:23,400 --> 00:03:25,920 of Council, staff, and any other persons 92 00:03:25,920 --> 00:03:28,120 participating in the investigation 93 00:03:28,120 --> 00:03:29,640 cooperate fully with the external 94 00:03:29,640 --> 00:03:31,280 investigator and provide such 95 00:03:31,280 --> 00:03:33,760 information and documentation as may be 96 00:03:33,760 --> 00:03:36,360 reasonably 97 00:03:36,360 --> 00:03:39,080 requested, subject to applicable legal 98 00:03:39,080 --> 00:03:40,720 obligations. 99 00:03:40,720 --> 00:03:42,560 Be it further resolved that nothing in 100 00:03:42,560 --> 00:03:44,800 this motion shall be interpreted as a 101 00:03:44,800 --> 00:03:46,959 finding of fact or a determination 102 00:03:46,959 --> 00:03:48,840 regarding the merits of the complaint 103 00:03:48,840 --> 00:03:50,440 and that the purpose of this motion is 104 00:03:50,440 --> 00:03:52,440 solely to ensure that the complaint is 105 00:03:52,440 --> 00:03:54,240 investigated in accordance with the 106 00:03:54,240 --> 00:03:57,240 town's adopted policies and procedure. 107 00:03:57,240 --> 00:03:59,480 So moved. 108 00:03:59,480 --> 00:04:01,350 >> Moved and seconded. Comments? I have 109 00:04:01,350 --> 00:04:01,360 » Moved and seconded. Comments? I have 110 00:04:01,360 --> 00:04:02,400 one. 111 00:04:02,400 --> 00:04:04,720 I would like to strike the word and 112 00:04:04,720 --> 00:04:06,560 recommendations 113 00:04:06,560 --> 00:04:09,560 out of that third last 114 00:04:09,560 --> 00:04:11,320 uh 115 00:04:11,320 --> 00:04:13,680 be it resolved because 116 00:04:13,680 --> 00:04:15,880 the investigator should provide us with 117 00:04:15,880 --> 00:04:17,120 findings, 118 00:04:17,120 --> 00:04:19,720 not recommendations. 119 00:04:19,720 --> 00:04:21,120 Is everybody okay with that? 120 00:04:21,120 --> 00:04:22,310 >> Yeah. 121 00:04:22,310 --> 00:04:22,320 » Yeah. 122 00:04:22,320 --> 00:04:24,510 >> Okay, thank you very much. 123 00:04:24,510 --> 00:04:24,520 » Okay, thank you very much. 124 00:04:24,520 --> 00:04:26,240 Any other comments? 125 00:04:26,240 --> 00:04:27,440 All in favor? 126 00:04:27,440 --> 00:04:27,750 >> Aye. 127 00:04:27,750 --> 00:04:27,760 » Aye. 128 00:04:27,760 --> 00:04:28,350 >> Aye. 129 00:04:28,350 --> 00:04:28,360 » Aye. 130 00:04:28,360 --> 00:04:29,640 Opposed? 131 00:04:29,640 --> 00:04:32,600 Carried. Thank you. All right. 132 00:04:32,600 --> 00:04:35,080 So, with that, our next public council 133 00:04:35,080 --> 00:04:36,480 meeting is scheduled to take place 134 00:04:36,480 --> 00:04:39,040 Monday, August 10th, 2026, 5:00 p.m. 135 00:04:39,040 --> 00:04:41,720 here at the Torbay Council Chambers, and 136 00:04:41,720 --> 00:04:43,400 I would entertain a motion to adjourn, 137 00:04:43,400 --> 00:04:45,000 please. 138 00:04:45,000 --> 00:04:47,480 Moved and seconded. All in favor? 139 00:04:47,480 --> 00:04:49,800 Aye. Opposed? Carried. Thank you very 140 00:04:49,800 --> 00:04:52,000 much.