Accused of vulgar mid-debate insult, Kincardine politician docked 90 days pay
Dave Cuyler was accused of uttering a vulgar insult toward a council colleague, shocking viewers of an online debate.
Author of the article:Rob Gowan • The Sun Times
Publishing date:Jul 06, 2022 • 1 day ago • 3 minute read • Join the conversation
A Kincardine politician accused of uttering a vulgar insult toward a council colleague, shocking viewers of an online debate and sparking a slew of complaints, has been docked 90 days pay – the harshest penalty allowed under the Municipal Act.
At a meeting this week, Kincardine council also reprimanded Coun. Dave Cuyler for breaching its code of conduct and denounced his actions over a comment made under his breath during the April 4 meeting. The comment came amid discussion of Coun. Laura Haight’s motion to close Queen Street on Sundays to create a pedestrian promenade.
In a later media interview, Haight didn’t repeat the comment verbatim, but described it as “effing C-word.”
Kincardine is a Bruce County municipality of 11,000 on Lake Huron about 140 kilometres northwest of London.
Council penalized Cuyler following an investigation and report by Toronto law firm Aird & Berlis LLP authorized by the municipality’s integrity commissioner, Harold Elston. Reached by phone, Cuyler declined comment, referring to a statement he made during Monday’s meeting.
“Once again, I apologize for the comment I made to anyone it may have offended on April 4, 2022,” Cuyler told politicians. “At no time was it directed to a particular individual and I will not comment further given the matter will be before the court shortly,” he added, without elaborating.
The integrity commissioner’s report, penned by Aird & Berlis lawyers John Mascarin and Meghan Cowan, said five formal complaints had been filed with the municipality. All five complainants alleged Cuyler’s statement was directed at Haight, the report said.
The comment came during a meeting with some attendees, including Cuyler and Haight, in the council chamber and others participating remotely, the report said.
The comment was not heard by some in the chamber, including Mayor Gerry Glover, the clerk and acting chief administrator, due to technical and sound issues, the report said. But it was audible to those participating remotely, and the public viewing the meeting.
The comment was picked up by Cuyler’s microphone when he and Haight had engaged in a “heated discussion” about her proposed motion for a downtown promenade. the report said. It came shortly after Glover pleaded for “appropriate discussion” and for council members not to make it “personal.”
One complaint alleged that when Cuyler was approached about the comment, he said he had uttered the word “can’t,” the report said.
During a May 11 Zoom interview, Cuyler confirmed he’d made the comment, but said he was speaking to himself, that it was a mumble, and it was not directed at Haight, it said in the report. Cuyler then said he was reading “something” on his smartphone, and mumbled to himself, but did not disclose what he was reading, it added.
Asked why he chose the words he did, which “contained a derogatory term referencing a part of the female body,” Cuyler responded it was really not directed to himself, but to what he was reading, the report said.
After a review of the material, including interviews with complainants and others and recordings of the meetings, the investigation found the comment had been directed at Haight, the report said.
At Monday night’s council meeting, Mascarin described the comment as “profane in the extreme,” adding: “I couldn’t think of a worse word to make reference to a woman.”
In a recorded vote, the motion to reprimand Cuyler, denounce his actions and suspend his pay passed 6-0 with three politicians, including Haight and Cuyler, recusing themselves from the vote.
rgowan@postmedia.com
torontosun.com
Dave Cuyler was accused of uttering a vulgar insult toward a council colleague, shocking viewers of an online debate.
Author of the article:Rob Gowan • The Sun Times
Publishing date:Jul 06, 2022 • 1 day ago • 3 minute read • Join the conversation
A Kincardine politician accused of uttering a vulgar insult toward a council colleague, shocking viewers of an online debate and sparking a slew of complaints, has been docked 90 days pay – the harshest penalty allowed under the Municipal Act.
At a meeting this week, Kincardine council also reprimanded Coun. Dave Cuyler for breaching its code of conduct and denounced his actions over a comment made under his breath during the April 4 meeting. The comment came amid discussion of Coun. Laura Haight’s motion to close Queen Street on Sundays to create a pedestrian promenade.
In a later media interview, Haight didn’t repeat the comment verbatim, but described it as “effing C-word.”
Kincardine is a Bruce County municipality of 11,000 on Lake Huron about 140 kilometres northwest of London.
Council penalized Cuyler following an investigation and report by Toronto law firm Aird & Berlis LLP authorized by the municipality’s integrity commissioner, Harold Elston. Reached by phone, Cuyler declined comment, referring to a statement he made during Monday’s meeting.
“Once again, I apologize for the comment I made to anyone it may have offended on April 4, 2022,” Cuyler told politicians. “At no time was it directed to a particular individual and I will not comment further given the matter will be before the court shortly,” he added, without elaborating.
The integrity commissioner’s report, penned by Aird & Berlis lawyers John Mascarin and Meghan Cowan, said five formal complaints had been filed with the municipality. All five complainants alleged Cuyler’s statement was directed at Haight, the report said.
The comment came during a meeting with some attendees, including Cuyler and Haight, in the council chamber and others participating remotely, the report said.
The comment was not heard by some in the chamber, including Mayor Gerry Glover, the clerk and acting chief administrator, due to technical and sound issues, the report said. But it was audible to those participating remotely, and the public viewing the meeting.
The comment was picked up by Cuyler’s microphone when he and Haight had engaged in a “heated discussion” about her proposed motion for a downtown promenade. the report said. It came shortly after Glover pleaded for “appropriate discussion” and for council members not to make it “personal.”
One complaint alleged that when Cuyler was approached about the comment, he said he had uttered the word “can’t,” the report said.
During a May 11 Zoom interview, Cuyler confirmed he’d made the comment, but said he was speaking to himself, that it was a mumble, and it was not directed at Haight, it said in the report. Cuyler then said he was reading “something” on his smartphone, and mumbled to himself, but did not disclose what he was reading, it added.
Asked why he chose the words he did, which “contained a derogatory term referencing a part of the female body,” Cuyler responded it was really not directed to himself, but to what he was reading, the report said.
After a review of the material, including interviews with complainants and others and recordings of the meetings, the investigation found the comment had been directed at Haight, the report said.
At Monday night’s council meeting, Mascarin described the comment as “profane in the extreme,” adding: “I couldn’t think of a worse word to make reference to a woman.”
In a recorded vote, the motion to reprimand Cuyler, denounce his actions and suspend his pay passed 6-0 with three politicians, including Haight and Cuyler, recusing themselves from the vote.
rgowan@postmedia.com
Accused of vulgar mid-debate insult, municipal politician docked 90 days pay
A Kincardine politician accused of uttering a vulgar insult toward a council colleague, shocking viewers of an online debate and sparking a slew of complaints,…
