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Ottawa

Chiarelli allegations: What happens now?

Coun. Rick Chiarelli is not officially on leave and is still being paid.He denies the accounts of six women who say he behaved inappropriately. What could happen next?

With integrity investigation underway, city clerk already reviewing hiring practices

Councillors Allan Hubley and Scott Moffatt are taking over some of the duties for Rick Chiarelli's College ward residents. (Kate Porter/CBC)

The mayor of Ottawa said he's"disgusted" by new allegations against Coun. Rick Chiarelli. A trio of councillorshascalled forhis resignation.

So now what happens?

A CBC News investigation has found more than a half dozen women who allege the long-time councillor asked them inappropriate questions in job interviews, took them to strip clubs and told them what they shouldwear.

In a letter to CBC, Chiarelli's lawyer said the councillor "adamantly denies the allegations" made by thewomen and will answer when his health permits.

For now, Chiarelli is not officially on leave and is still being paid his $105,000 salary, while councillors Scott Moffatt and Allan Hubley have been assigned to look after College ward residents.

Through his lawyer, Coun. Rick Chiarelli has adamantly denied the allegations against him. (CBC News)

Can Chiarellibe kicked off city council?

In a word, no.

"Unfortunately we have no mechanism at the city, under provincial law, to dismiss a member of council," Watson said Thursday.

Councillors Jeff Leiper, Catherine McKenney and Shawn Menardmay becalling on Chiarelli to resign "if he knows these accounts are accurate," butthat decision isChiarelli's to make.

And he says they aren't.

Ontario's Municipal Act does, however, state that if a city councillor missesmeetings for"three successive months" without council's formal permission, their seatbecomes vacant.

That is why council's unprecedented moveWednesday to postponegranting Chiarelli aleave of absence is so important. It keeps that clock ticking.

Chiarelli has not attended a committee or council meeting for weeks,but if he were to showup for even one meeting, the three-month countdown would startagain.

Should he resign, or should his seat become vacant in the coming months, a byelection would have to be called since there are still three years left before the nextelection in 2022.

Integrity commissioner Robert Marleau's investigation into the allegations against Coun. Rick Chiarelli could take longer if some of the other women who've come forward file formal complaints. (Joanne Chianello/CBC)

What can the integrity commissioner do?

Councillors and the mayor have said repeatedlythey want to hear the results of an investigation by independent integrity commissionerRobert Marleau before they pass judgment on their colleague.

Marleaucan deal with issues informally and alsoinvestigate formal complaints. He would be the one who determinesifChiarelli has contravened the city's code of conduct for members of council, which states they must treat people"with respect and without abuse, bullying or intimidation" and "ensure that their work environment is free from discrimination and harassment."

The mayor said Thursday if the new women coming forward alsofile formal complaints,Marleau'sinvestigation may take longer. The wait is frustrating, Watson said,because he wants to see a resolution soon.

But he also encouraged the women to take their complaints to the integrity commissioner.

IfMarleau finds Chiarelli breached the code, provincial laws offer just two penalties forcity council to apply:

The integrity commissioner can also recommend council direct Chiarelli tooffer a public apology, as well as remove him from committees.

"We will take the most appropriate action we can," said the mayor.

Why aren't penalties more severe?

According toStphane Emard-Chabot, it's because those provincial laws are a bit behind the times.

Financial conflicts of interest have always come with strict penalties, but rules fordisciplininga councillor for improper behaviour came aboutmore recently, explainedEmard-Chabot, a lawyer at the University of Ottawa and a former city councillor.

Ottawa's integrity commissioner took office in 2013 and the role was onlymade mandatory for allOntario municipalities this year.

"I think for the longest time political behaviour was sort of leftup to the honourof the person holding office," he said.

That lack of oversight meant a lot of questionable behaviour was tolerated in the past, saidEmard-Chabot.

"The statute hasn't kept up with the timesand probably should be revisited as far as penalties go," he suggested, pointing to the case of the former mayor of Carleton Place who was stripped of pay for multiple breachesyet kept his job.

But harsher penalties, such asousting a politician, should neverbe left to a court of public opinion or his or her political peers, Emard-Chabot cautioned.

That power, he said,should only be put in the hands of the justice system.

A man with a short white beard
Stphane Emard-Chabot, a municipal law expert at the University of Ottawa, says when it comes to sanctions that can be levelled against a misbehaving councillor, provincial law 'hasn't kept up with the times.' (CBC)

What needs to change for political staffers?

Unlike mostcity employees, councillors' assistants are hired by the politicians and paid through their office budgets. Council staffers arenot covered by a collective agreement, and lack the job security of many others at the city.

Menard, for one, has suggested they should be unionized and given more rights.

That's something the mayor, too, is now mulling. After the most recent allegations surfaced, he asked for an "action plan" that includeslooking at how to"strengthen the rights" of those staffers.

On Thursday, city clerk Rick O'Connor announced he would bereviewing the recruitment and hiring process for councillors' assistants.

That could lead to new rules such as having a human resources employee at every interview and requiring thoseinterviews beheld at city buildings.

Chiarelli frequently interviewed job applicants at a Starbucks.

O'Connor also told employees they can call their employee assistance program and a 24-hour crisis line.