Council-authorized Investigation into a complaint letter received April 22, 2021.

Update on the Investigation

Brampton City Council authorized an investigation into a complaint letter received April 22, 2021, regarding allegations of administrative conduct including personnel matters and adherence to policies which it takes very seriously. On May 19, 2021, Council announced a 30-day review of the complaint led by a 3rd party firm Deloitte LLP which is complete and will be provided to Council on September 29, 2021.

Current and former staff, and members of the public, who had information related to the investigation were able to participate in this process without reprisal, in accordance with City policy.

Here is a May 27 letter from the Ontario Ombudsman indicating they will not be reviewing this matter further at this time.

Here is a June 15 letter from Peel Regional Police indicating they will not be reviewing this matter further at this time.

The final report (dated September 28, 2021) is now available and is included on the September 29 City Council meeting agenda for consideration. Here is a copy of the City's media release.

City Council Investigation Decisions To-date

September 29, 2021 - City Council Meeting

That the report from the Investigator, Deloitte LLP, re. Complaint Received April 22, 2021, to the Council Meeting of September 29, 2021, be received; and

That the chart from the Investigator, presented within the related closed session of September 15, 2021, be released publically; and

That the report be made available prominently on the City of Brampton website.

September 21, 2021

Note: On September 20, 2021, the Investigator, Deloitte LLP, provided the following statement advising the report is not yet finalized for presentation to the Committee of Council meeting, and is requesting to present the report to the September 29 City Council meeting:

"Deloitte would like to request an extension of 1 additional week to complete our investigation reporting. As we discussed during the last Council meeting, Deloitte’s position was that more time was required to provide an anonymized, fulsome investigative report. Before we can release a report publicly it needs to go through several rounds of internal review. As such, we would like to request that we submit our report at Council’s next meeting on September 29, 2021."

September 15, 2021 - City Council Meeting

That the Investigator be requested to end the investigation and request the Investigator provide a final written investigation report, based on information received by Council on September 15, to the September 22 Committee of Council meeting in public session.

August 11, 2021 - City Council Meeting

That further direction be provided to the Investigator to extend the Council-authorized investigation past the previously approved timeline of eight weeks after June 23, 2021, to September 15, 2021, and the Investigator be requested to reports findings at the September 15 meeting to address the approved scope of the investigation, subject to further consideration of time extension as determined by Council.

June 23, 2021 - Committee of Council Meeting

That direction be provided to the Investigator to extend the Council-authorized investigation to no later than eight weeks from June 23, 2021 to address the approved scope of the investigation, subject to further consideration of time extension as determined by Council.

June 16, 2021 - City Council Meeting

That a public minute extract from the June 2, 2021 City Council meeting closed session be made publicly accessible.

June 2, 2021 - City Council Meeting

Whereas the allegations made of misconduct by senior officials have been widely reported in the media and are a matter of public interest;

Whereas members of Council have been contacted by numerous Brampton residents indicating they are unaware of steps being taken to address the allegations with concerns about transparency and openness;

Whereas the role of the municipal council is to ensure accountability and transparency of municipal operations;

Whereas transparent and open decision-making processes are a part of the foundation of good municipal governance;

Whereas continually going into the closed session may indicate to residents that the transparency, accountability and credibility of the investigative process could potentially be hindered;

Therefore be it resolved that:

Discussions and decisions related to the third-party investigation pertaining to timelines, agreed upon scope, and final outcome be discussed and voted on in open public session to ensure transparency, accountability, ethical good governance and fairness to Brampton residents;

That staff be requested to publicize the means by which the public is able to provide information to the investigation process.

Direction was given in Closed Session that the following directions be publicly made on behalf of Council with respect to Item 19.3.

That staff be directed to publicly release the response letter received from the Ontario Ombudsman in regard to the investigation.
That the City Clerk be directed to provide the closed session minutes and audio records from closed session consideration of the complaint and investigation matter (since April 23, 2021) to the Investigator for its consideration.

May 19, 2021 - City Council Meeting

Direction was given in Closed Session that the following public statement be made on behalf of Council with respect to Item 19.7.

A 30 day review of the complaint as outlined in the letter from Gurdeep Kaur, dated April 22, is being undertaken, with the scope of the investigation being the allegations contained in the letter, including:

Procurement issues
Discriminatory allegations
Workplace bullying and harassment
Destruction of information
Hiring practices
Standard polices and procedures compliance

May 12, 2021 - Special City Council Meeting

Resolution C155-2021

That, notwithstanding Purchasing By-law 19-2018, and in accordance with Schedule D of the by-law pertaining to the non-application of a procurement process in defined circumstances, the City Clerk be directed to negotiate and execute any agreements and all documents with the one firm engaged by the Clerk to undertake the Council authorized investigation work as per Resolution C130-2021 in regard to the complaint email dated April 22, 2021, including responses, and scope previously directed by Council, on terms acceptable to the City Clerk and in a form acceptable to the City Solicitor or designate; and

That the investigation scope include a provision that no current or previous employee be prohibited from participating in the investigation, if deemed necessary.

April 23, 2021 – Special City Council Meeting

Resolution C130-2021

That Council direct:

The engagement of a 3rd Party Investigator, and external counsel as required, subject to consideration by Committee of Council at its April 28 meeting, in regard to the complaint (received April 22, 2021) and the response of the City and staff to determine the validity of such complaint and the response;
The City Solicitor and City Clerk execute this agreement for the independent 3rd Party Investigator and external counsel (if necessary), to be ratified by Council, with the terms of reference (including timelines) for the engaged parties reporting directly to City Council.

Resolution C131-2021

That the City Solicitor be directed to forward the complaint to the appropriate police agency for its appropriate consideration.
(See response letter, dated June 15, 2021, from Peel Regional Police)

Resolution C132-2021

That the complaint be forwarded to the Ontario Ombudsman for consideration.
(See response letter, dated May 27, 2021, from the Ontario Ombudsman)