Chiarelli investigation to conclude without councillor

After months of unsuccessful attempts tointerviewCoun. Rick Chiarelli, the city's integrity commissioner says he will conclude his investigation into the allegations of inappropriate behaviour made against theCollege ward councillor without his participation.

Integrity commissioner Robert Marleau has previouslyreported that several formal complaints aboutChiarelliwere filed between Sept. 6 and Oct. 8, 2019.

But in an interim report to be tabled at council this Wednesday, Marleau sayshis office'srepeated efforts to set up a time to speak with Chiarelliwent unheeded. The integrity commissioner even attempted four times to servethe councillorwith an officialsummons for an interview, but said no one at the Chiarelli residence would come to the door.

"During the first three attempts, the process server observed individuals in the house who would not answer the door," according to thereport.

During the fourth attempt, on March 16, the process server saw Chiarellithrough the front window, sitting at a computer. As the server walked up the driveway, he saw Chiarelliget up from his chair, and when heknocked, he heard the door being locked from the inside.

"After knocking and ringing the bell, the process server saw the Respondent looking through the front window," according to the report.

"The process server waved the envelope at the Respondent and informed him that he was serving a summons from the City of Ottawa. When the Respondent refused to answer the door, the process server placed the envelope at the door."

Marleau 'reckless and defiant': Chiarelli laywer

Chiarelli's lawyer Bruce Sevignyargued the councillor, who underwent heart surgery in December,didn't accept the summons because of the threat of coronavirus.

"You have suggested that Councillor Chiarelli was trying to evade service,"says Sevigny in a letter sent to Marleau on May 12, and forwarded to media Monday afternoon by Chiarelli's office staff.

"We would suggest that he was exercising sound and responsible judgment."

Sevignyalsoaccuses the integrity commissioner of having disregard for the councillor's health by, among other things, sending a summons Chiarelli's home during the COVID-19 crisis.

"It is frankly unbelievable that you would send some process server to our client's house, at a time that squarely fell within the physician-endorsed recovery period and mere days after the World Health Organization had declared COVID-19 to be a global pandemic," Sevigny writes.

"This can only be regarded as a continuation of your reckless and defiant approach to Councillor Chiarelli's vulnerable medical condition."

Chiarelli has 'no intention' of participating: Marleau

According to Sevigny's letter, Chiarelli had indicated earlier this year his "willingness to participate in an interview when his health permits."

Marleaucalls Chiarelli's assertion to participate "simply untrue"and sayshe gave Chiarelli "a final opportunity to provide his firm and unequivocal commitment to participate in the investigation when he is medically cleared to do so " by May 15. The integrity commissioner says he received no response.

"After more than a fair opportunity to confirm that he will participate in the investigation, my conclusion is that the Respondent has no intention to do so," writes Marleau in his report. "This has been demonstrated by the Respondent's refusal to provide any response to the allegations in the initial stages of this process, his unwillingness to voluntarily commit to attend an interview and his efforts to evade service of the summons."

Marleau says he's going to finish his investigation without Chiarelli and will considerthe councillor's"public statements as his refutation and denial of the allegations in the formal complaints." If he findsChiarelli's alleged behaviour contravened the councillor code of conduct, Marleau will report back to council.

Multiple accusers

A CBCNews investigation last fall corroborated the stories of 13 women who accused the councillor of inappropriate behaviour, and reported the experiences of eight of them.

One job applicantalleged that Chiarelliasked her about going braless to work events, while another said the councillorasked if she had ever considered stripping.

• 'Better without a bra': More women come forward with allegations against Chiarelli
• Councillor asked job applicant about going braless, woman alleges
• Former Chiarelli staffer comes forward with familiar tale

A former employee said Chiarelli would pressure her to wear revealing outfits and took her to a strip club to spy on another councillor.

• Ottawa Coun. Chiarelli pens denial, blames allegations on 'mob mentality'
• Chiarelli says will goto court to stop investigation into alleged behaviour

Chiarelli has denied the allegations both through his lawyer and in a personal statement, where he blamed the accusations on "mob mentality."

The councillor hasalsosaid he would challenge the jurisdiction of the city's integrity commissioner in a judicial review.

In his May 12 letter, Chiarelli's lawyer Sevignywritesthat he has "received instructions to move forward" with an application for a judicial review.

Heart bypass surgery

In October, council took the unprecedented step of refusing Chiarelli's request for an indefinite leave of absence. Then, in mid-December, Chiarelli announcedhe had to have coronary bypass surgery a fact he had not publicly shared previously and the following month, his wife tweeted that the councillor wasback in hospital with a bacterial infection.

Despite the seriousness of his surgery, Chiarelli did not ask council for another leave of absence.

In his report, Marleau acknowledges thecouncillor "has faced difficult and serious medical challenges." As well, the integrity commissioner confirmed he was sent a series medical notes stating that Chiarelli was to stay off work, with the most recent one saying the councillor should be off until June 29, 2020.

However, Marleau also noted that despite the medical notes, Chiarelli has worked. The councillor attended the council meetings of March 25 and April 8, by teleconference. In his report, the integrity commissioner notedChiarelli"also appeared to be resuming some of his constituency duties and was active on social media (including a personal video message he posted on March 22)."

During integrity commission investigation, Coun. Rick Chiarelli posts video update on health and COVID-19

4 years ago

Duration 1:45

In this video, posted on March 22, Chiarelli provided an update on his own health and COVID-19 in College Ward.