City council won't step in to help spurned police board member - yet

It inspired intense debate about transparency and due process. But in the end, Hamilton city council won'tintervene on behalf of its citizen appointeeon the police services board who faces discipline this week.

Don't sit there and say you don't know enough of the facts. The facts are on the radio. The facts are ontelevision.- Coun. Doug Conley

Doug Conley from Ward 9 urged his fellow councillors Wednesday to ask the Ontario Civilian Police Commission (OCPC) to investigate an incident involving appointee Walt Juchniewicz. City council is the only local body that can do so.

But mostcouncillors said they just didn't know enough about it. So theytabled Conley's effort indefinitely.

"What facts don't you know?" Conley told them before the 8-2 vote. "Ask me. Don't sit there and say you don't know enough of the facts. The facts are on the radio. The facts are on television."

• Hamilton police board looks to discipline member who complained about secrecy
• Important issues are hidden from the public, Hamilton police board member says

Juchniewicz faces discipline from his fellow Hamilton Police Services board members Thursday after he wrote to city manager Chris Murray voicing concerns about transparency on the board.

It all started on Dec. 15, when Juchniewicz told other board members about his family's Polish Christmas traditions. A Jewish member, Madeleine Levy, apparently told Juchniewicz that Poles killed Jewish peopleat Auschwitz.

This is a doozy that just appeared on the blotter.- Coun. Jason Farr

(Polish people, the Canadian Polish Congress says, were victims of Hitler's brutal regime.)

An upset Juchniewicz wrote to chair Lloyd Ferguson, also an Ancaster city councillor. He askedto read thatletter into the public record. Ferguson said other members wouldn't agree to that. And according to the Police Services Act, "personal matters" are discussed in camera.

Levy emailed an apology to Juchniewicz. But Juchniewicz's frustration with Ferguson's response grew.

I do not have enough information to justify in my mind, inmy conscience, right now filing a request for a full investigation.- Coun. Aidan Johnson

He outlined all this in theletter to Murray. But there arebroader concerns too, he said. There are "hidden agendas" on the board, and important issues being "hidden from the public."

For his part, Ferguson says he has "no idea what (Juchniewicz is) talking about." The board will discuss all this in closed session, and decide whether to sanction Juchniewicz, refer the matter to the OCPCor do nothing.

Once the matter goes behind closed doors at the board, Conley said, "you won't have any answers. You won't see anything. They'll leave it in camera and it'll be dead."

Matthew Green, Ward 3 councillor, fears the same. This is especially given public comments about Juchniewicz's fate, he said.

It's incumbent on us to protect the human rights, the due process, the transparency and accountability.- Coun. Matthew Green

Both Ferguson and vice chair Levyare involved, Green said. So there's no one to make sure Juchniewicz gets a fair shake.

The comments were "not just defamatory to a person, but an entire Polish community," Green said.

"It's incumbent on us to protect the human rights, the due process, the transparency and accountabilityOnce this goes in camera, there will be no opportunity for a transparent, open and accountable conversation."

Jason Farr, Ward 2 councillor, was among those who said he hadn't had time to think about the last-minute motion.

"This is a doozy that just appeared on the blotter," he said.

Same with Coun. Aidan Johnson of Ward 1. "I do not have enough information to justify in my mind, inmy conscience, right now filing a request for a full investigation."

The police board meets at 2 p.m. Thursday.

Who was in favour of tabling Doug Conley's motion:

Aidan Johnson (Ward 1), Jason Farr (2), Chad Collins (5), Tom Jackson (6), Donna Skelly (7), Maria Pearson (10), Brenda Johnson (11), Arlene VanderBeek (13)

Who was opposed:

Matthew Green (3), Doug Conley (9)

Abstained:

Mayor Fred Eisenberger, Terry Whitehead (8) andLloyd Ferguson (12) declared a conflict of interest because they sit on the police services board.

Not present for the vote:

Sam Merulla (4), Robert Pasuta (14), Judi Partridge (15)

samantha.craggs@cbc.ca | @SamCraggsCBC