[SteelTown]

Council censures Mitchell

February 14, 2008
Nicole Macintyre
The Hamilton Spectator

City council censured Councillor David Mitchell late last night for trying to influence a council decision on his own property.

The Glanbrook councillor will not be allowed to be chair or vice chair of a committee, or act as deputy mayor for the remainder of the term.

Council approved the censuring after more than three hours behind closed doors. "I think council has taken this very seriously," said Mayor Fred Eisenberger.

This is the second time Mitchell has been censured. The previous council censured him for trying to use his position to get out of a speeding ticket.

The Spectator revealed last week that Councillor Robert Pasuta told his colleagues in-camera that he was lobbied by Mitchell to support a land ruling on his farm.

Under the Municipal Conflict of Interest Act, councillors aren't allowed to influence a vote when they could be affected financially.

The city's lawyer advised council last night that it can't ask a judge to investigate. Council could order a judicial inquiry, but the lawyer advised it could cost up to $1 million.

Instead, council chose to punish Mitchell under its own code of conduct. A private citizen can still ask a judge to investigate, the mayor noted.

Last fall, the committee of adjustment approved a severance on Mitchell's farm against staff advice. Staff wants council's approval to take the case to the Ontario Municipal Board. Council agreed last night, despite Mitchell withdrawing his severance request.