OPP investigating 'historical assault' resembling Ferguson shoving incident

The Ontario Provincial Police have confirmed that they're investigating a "historical assault" in Hamilton that seems to resemble the incident where Coun. Lloyd Ferguson shoved a journalist at city hall last year.

The OPP won't confirm names, as "it's not our practice to identify the parties involved," said Sgt. Dave Rektor.But Hamilton Police passed on the complaint due to a "conflict of interest," and OPP will report back to local police with its findings.

Ferguson is currently chair of the Hamilton Police Services board.

News of the investigation comes after an integrity commissioner's report into a Feb. 26, 2014 incident at city hall when the Ancaster councillorgrabbed Joey Coleman, an independent journalist who live streams city hall meetings, and moved him about one metre.

The report from integrity commissioner Earl Bassesaid that Ferguson violated the city's code of conduct, but did not recommend sanctions. Ferguson imposed his own on Wednesday when he said he'd donate $1,000 to the AncasterCommunity Services organization andstep down from the subcommittee that's choosing a new integrity commissioner/lobbyist registrar.

Coun. Sam Merulla of Ward 4 was scheduled to bring forward a motion calling for a police investigation into the incident, and ask that council remove Ferguson from the Hamilton Police Services board.

Merulla says he's satisfied with Ferguson's self-imposed sanctions, as well as the apparentOPP investigation.

It's just proven to me again that tweets are toxic.- Coun. Lloyd Ferguson

"I'm satisfiedthat he met the sanctions expected,"Merullasaid. "Within our jurisdiction, that is."

Basses report said that Ferguson had been in a long day of heated meetings and wanted to speak to a staff member. Coleman was standing nearby, it said, and Ferguson thought Coleman was trying to overhear him. He grabbed him and moved him roughly one metre.

Basse didn't interview Coleman for the report, whichhas received intense criticism on social media. Thisincluded a Twitter critique by Ontario Ombudsman Andre Marin, who likened it to work done by a third grader.

In an email to council on Monday, Ferguson apologized to fellow councillors for setting a poor example.

"I am also sorry that this incident, where I put my hand on Mr. Coleman, ever took place. I have apologized to Joey, and he accepted," Ferguson wrote. "I also recognize this sort of behaviour isn't condoned by our organization, and I need to set a better example as a member of council."

Report should be 'rejected and rescinded'

Colemanposted on his websitethat the OPP is investigating the incident.

"I am fully cooperating with the OPP investigation," he said. "Out of respect for due process, I will not make any further comment."

The report, Coleman wrote, maligns his work and character.

"Basses report must be rejected and rescinded from the public record, and a new process may be required."

Ferguson said Wednesday morning that he hadn't been contacted for a police investigation.

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The police services board fielded a complaint about him, he said, and dealt with itin camera. The Police Services Act restricts him from giving more details, he said.

"I'm still chair of the board and continue to do a good job as chair of the board."

The incident, he said, grew increasingly toxic on social media."It's just proven to me again that tweets are toxic."

The case was "distracting" to council, he said, and "I thought I should just do this to put closure to it."

Police can investigate any time they become aware of a criminal offence and "have reasonable and probable grounds to believe an offence has taken place,"Rektor said.

Coun. Scott Duvall, one of two councillors who voted against receiving Basse's report last week, said Ferguson's move is "the right thing to do."

Red Hill lawsuit discussed

"He realizes he was wrong and that hes not above anybody else, and other people get penalties," said Duvall, who represents Ward 7. "He knows and he realizes that he has to have them too."

Basse receives an annual retainer, then an hourly fee for his services. In 2014, he was paid $1,050 for investigative work, although city spokesperson Mike Kirkoupolossays he's not sure how much of that went toward the Ferguson report.

Heres what else is on the agenda for Wednesday:

• A five-year action plan and tourism strategy, which would mean boosting funding to the tourism and culture division by $350,000 in 2016.
• A motion by Green, who representsWard 3, to incorporate the Jimmy Thompson Pool into the new Bernie Morelli Seniors Centre rather than demolish the historic pool.
• An in camera discussion about the lawsuit between the city and the federal government, which had cost the city $3 million as of last January.

CBC Hamilton reporter Samantha Craggs will tweet live from the meeting. Follow her at @SamCraggsCBC or in the window below.