As the public are aware, the City was convicted for illegal retaliation against me in October 2011 in relation to resident abuse at the Lodge.
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The City Council was then investigating for answers as to why the three members of senior management of the City had participated in illegal retaliation, causing legal defence costs of $200,000 and payment of a fine.
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As Mr. Fournier’s report reveals, during the course of Council seeking answers, two whistleblower complaints (one of which was mine) were filed directly to Council. Every aspect of the whistleblower complaints was withheld from the public. Since the public were not notified, the employees of the City were also not made aware.
The decision of City Council to not tell the public anything about the complaints, and to deal in camera with everything about the complaints (including their existence) was entirely discretionary. Total secrecy was not mandatory, as Mr. Fournier has found.
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City Council withheld all information from the public. Mr. Fournier has only limited powers of recommendation, but he recommends that Council consider that the public had the right to know or at least receive some form of notice about a whistleblower complaint being under investigation.
The information that is revealed within Mr. Fournier’s report could have been made available to the public, as it was happening. As the reports verify, both whistleblowers asked City Council on July 30, 2012 to amend the whistleblower policy to notify the employees about the investigation and appointment of investigators, and to put witness protection protocols into place, along with staff training. Also in July both Whistleblowers waived the need to keep their identity anonymous so that employees could be notified.
It would have enhanced the investigation process, if the public were aware of the existence of investigations and could supervise Council’s actions. The public could have questioned the powers (or lack thereof) of the investigators, and could have monitored to ensure there were no more allegations of retaliation against these or other employees of the City. If there had been public notification, City employees would have felt the protection of City Council and the public for the purposes of giving their evidence in such difficult circumstances.
This is the second report of Mr. Fournier in relation to closed meetings of Council following the conviction of the City for illegal retaliation in October 2011. Answers pertaining to that conviction have still not been provided to the public by City Council.
Diane Shay
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I hope that you were awarded your legal costs to defend yourself in this case. If not, SUE the pants off the City of Cornwall! I’m sure there are lawyers who would do this pro bono.
Unfortunately they have not paid legal fees yet..
Great release, Ms. Shay. Why is it that your releases are so clear and precise and the others are so wordy. Don’t get it. And I totally agree with Stan. If your lawyer’s fees aren’t yet paid, then the whistleblowers are forever the victims and all of Council should hang their heads in shame. Disgusting!
Great release Ms. Shay! Why is it that your releases are so clear and precise and others are so wordy and confusing. Don’t get it. And I agree with Stan. If your legal fees have not been paid then the whistleblowers are forever the victims and all of Council should hang their heads in shame. Disgusting!
Maybe you find my statements more clear because I have nothing to hide. I am not a politician, a lawyer or a corporate official, I’m just a nurse who was trying to do the right thing. I just try to survive one day at a time.
Lawyers speak in a language that you and I cannot comprehend. The one who understands or supposed to understand the gibrish that is being spoken by the LIARS – Lawyers and politicians is supposed to be HER MAJESTY QUEEN BERNADETTE CLEMENT. It takes a lot of guts for people to come forward. I often think about Perry Dunlop and all the living hell that man and his family went through in FOSSOLI – that is an excellent name because it is a prison camp for sure. FOSSOLI is a town of SHEEPLE who do not know their rights and are walked on by the powers that be. No wonder nobody stays in FOSSOLI anybody with intelligence leaves and leaves for good.