By Laurie Watt 

Barrie council wants to know why Mayor Dave Aspden waited almost nine months to admit he broke the Police Act’s Code of Conduct for police board members.

Last week, he pleaded guilty in an Ontario Civilian Commission on Police Services (OCCPS) hearing to charges of misconduct, for writing a character-reference letter for an officer found guilty of discreditable conduct.

Just two days after being elected police board chairperson in January, Aspden wrote a letter  – on mayor’s office letterhead – asking a disciplinary-hearing chairperson to go easy on Const. Brian Byblow, who while off-duty and intoxicated, had struck a civilian in May 2005.

Council demanded answers Monday night – but didn’t get any.

“We (city council) were one of the bodies that asked for that (OCCPS) hearing. Why did it take nine months and thousands of taxpayers’ dollars for you to come to the same conclusion, that namely you wrote a letter that contravened the Code of Conduct? Why did you change your plea at the last minute?” asked Ward 4 Coun. Barry Ward.

“The reason we were troubled by your actions (was) on Jan. 8 of this year, all members of council heard you warn (us) to not write letters for people before disciplinary hearings and you said not to do so on city letterhead. Within three weeks, that’s exactly what you did.”

Aspden refused to answer Ward’s questions and said he should not believe what he reads in the newspaper – specifically a quote from a former police board member who attended an Ontario Association of Police Services Boards’ training about the Code of Conduct.

He said he would bring his lawyer to council to answer those questions next week.

Still council would not let the matter drop. “I understand the legal fees for your lawyer were submitted to the City of Barrie, to be paid by taxpayers,” said Ward 5 Coun. Lynn Strachan.

“When your lawyer comes into answer (council’s) questions, will that be a fee charged back to the City of Barrie?”

Aspden said that would be likely, “unless he volunteers his time.”

His lawyer is constitutional lawyer and legal journal editor Morris Manning, in private practice in Toronto. His clients included Henry Morgentaler and the Church of Scientology.

Costs to taxpayers exceeded $10,000, even before the OCCPS hearing, which lasted two days (including negotiations) last week.

Ward 7 Coun. John Brassard asked Aspden why he had to wait to have his lawyer present.
“I’m not sure having your counsel attend (city council) would be appropriate. An explanation is required,” he said.

Aspden assured councillors they would get an explanation – next week. “I’m not going to debate it,” he said. “My counsel will be here next week.”

Ward added Aspden’s direction to council in January about not writing reference letters was so clear, and the mayor even went so far as to say those who do so “are unfit to represent the city on a board or commission.”

Aspden can return to the police board once OCCPS issues its written decision, likely in time for its January meeting.