A member of the group opposing the Blair warehouse development has asked the Ontario Ombudsman to investigate the legitimacy of Cambridge Mayor Kathryn McGarry’s claim of leasing property within the city.
The mayor's residence while she was Cambridge and North Dumfries MPP was listed in the Township of North Dumfries.
Tim Armstrong filed an application Thursday with Paul Dube, asking his office to investigate if McGarry qualifies for municipal office when her residency is outside Cambridge.
“The recent news that the Mayor of Brockville resigned after purchasing a home outside of the city which disqualified him from office got me thinking about whether Mayor McGarry is conforming with the rules,” said Armstrong in a press release.
In a series of recent emails responding to Armstrong's concerns, city clerk Danielle Manton wrote that "Kathryn McGarry was eligible to run as mayor based on her satisfying the eligibility requirements of the Municipal Act and the Municipal Elections Act."
Manton said McGarry "has maintained her eligibility to be a member of council both by the fact that she has leased property in the City of Cambridge as well as through her spouse leasing property in the City of Cambridge."
"As the city clerk, I have maintained records of all leases by Kathryn McGarry and/or her spouse within the City of Cambridge Further, I can advise that I have consulted with the city solicitor in this review," Manton wrote.
Manton denied a follow up request by Armstrong to provide those records, stating they are "personal in nature."
Armstrong says he wasn't satisfied with that answer and has since filed an application with the Ombudsman.
Lawyer for Blair Engaged, David Donnelly, wrote to McGarry stating the following:
“On July 16, 2018, Mayor McGarry declared on Nomination Paper – Form 1 that she was legally qualified to run for election because she maintained a full qualifying address at 56 Cambridge Street, Cambridge Ontario, N1R 8A3.
"This address was the Mayor’s campaign headquarters, which appears to have been a short-term rental. According to the Municipal Act, to be a candidate: Candidate must be a resident of the municipality or a non-resident owner or tenant of land in the municipality or the spouse of such non-resident;
"The act is very clear, a “person” can run for office, and a “person” or their spouse must live or rent land in the municipality in which they run. My client has reason to believe Ms. McGarry personally is not now and never has been a tenant of 56 Cambridge Street and is in possible breach of the act.”
The letter from Donnelly Law concludes “First, how is Mayor McGarry qualified to vote in Cambridge, and therefore hold office? Second, since it is reasonably clear Mayor McGarry neither lives in Cambridge nor owns a business there, was her nomination properly certified?”
Armstrong said he was impressed by the Brockville mayor’s statement that he wouldn’t accept what he called "a way around the Municipal Act" as was suggested to him by the Integrity Commissioner.
"I think we can all expect our elected representatives to respect the ‘spirit’ of the law as well as the ‘letter’ of the law. I think it is fair to expect Mayor McGarry to hold herself to a similar standard,” Armstrong said in the release.
In an email to CambridgeToday, Cambridge chief of staff Ashton Patis said in "this political climate" Armstrong's demand to make the mayor's personal address public is "dangerous," referring to "escalating incidents involving elected officials from across the province who have dealt with vandalism, harassment, trespassing and threats at their personal residences."
"Mr. Armstrong has been notified several times that Mayor McGarry more than meets the required legislation and continues to maintain eligibility to be a member of council and serve as mayor," she wrote.
"Mayor McGarry has served the community of Cambridge for decades, in many different roles and through many challenges, and will continue to do so."
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