Collingwood's former deputy mayor, Rick Lloyd, is defending his role and actions on council during the contract and construction phases for two fabric membrane recreation structures.
Lloyd’s closing statement for the second phase of the Collingwood Judicial Inquiry was posted to the inquiry website today, and contains his response to a letter from the inquiry’s commissioner, Associate Chief Justice Frank Marrocco, informing Lloyd of a possible finding of misconduct.
Findings of misconduct are ultimately part of the commissioner’s final report at the outcome of the inquiry, but laws governing public inquiries state the commissioner must provide advance notice of potential misconduct to the individual who would be the subject of the finding.
The inquiry was called to investigate the sale of 50 per cent of the town’s utility, Collus, to PowerStream in 2012, and to look into the decisions and finances paid in the contracts and construction of two recreation facilities – Central Park Arena and Centennial Aquatic Centre.
In his closing submission, Lloyd states “any finding of misconduct” is both “arbitrary and undeserved.”
While the commissioner’s letter stating there was a possibility of a finding of misconduct against Lloyd is confidential, Lloyd’s submission includes statements he indicates were in the confidential letter.
Lloyd noted the commissioner’s letter states Lloyd inserted himself into the work staff was doing to prepare a staff report on options for recreation facilities, and that Lloyd advocated for the Sprung structures.
On July 16, 2012, council voted to pursue a single pad arena that could be phased into a double pad, and to enclose the existing outdoor pool at Heritage Park with a fabric building.
At that time, council asked staff for a report on costs of the pool and arena buildings by July 30. The deadline was extended to Aug. 27.
Inquiry documents show a draft of the report prepared by Treasurer Marjory Leonard contemplated proceeding with a competitive procurement process, but after comments from Lloyd, a new staff report circulated did not include a recommendation for a competitive bid process.
Email records show Interim Chief Administrative Officer Ed Houghton sent a draft of that report to Lloyd. The former deputy-mayor responded stating the phrase “if council chooses to proceed” should be removed as “it leaves the impression that maybe we shouldn’t proceed.”
In a later email, Lloyd tells Houghton he finds there’s “negative spin” in some of Leonard’s reports and this report “needs the Ed Houghton positive spin.” Lloyd also comments “we must be careful not to give too much information.”
Lloyd argues the request for staff to consider Sprung structures was supported by a public vote of the entire council. He said he was not advocating for Sprung, but instead brought back literature from a trade show because he thought “it worth looking into.”
Further notes in Lloyd’s submission indicate his letter from the inquiry suggests he did not “respond appropriately” to information indicating Paul Bonwick was working for Sprung or BLT, or to questions about Bonwick’s involvement.
Documents and testimony at the inquiry show Bonwick was paid nearly $700,000 in consulting fees by BLT for his work in helping them secure a contract with Collingwood to build the Sprung structures.
Lloyd states he did not know about Bonwick’s involvement until after council approved the Sprung structures in a July 16 meeting.
“I am not aware of any provincial legislation or policy, or any municipal policy or bylaw that required me or anyone else to report to council on a subcontractor doing legitimate and legal business with any company,” said Lloyd in his submission. “I am unaware of any provincial or municipal legislation or policy that makes it the responsibility of the deputy mayor or anyone else to inform on the legal and legitimate business interests of a resident.”
Lloyd further stated he did not see any evidence in the inquiry suggesting Bonwick’s work was “in any way illegal or in violation of provincial or town policies.”
Lloyd further stated he wasn’t aware of Bonwick contacting staff or council members to promote or lobby for Sprung at any time in the process.
There was no record or indication in the testimonies at the inquiry that Bonwick’s consulting firm was hired by Sprung, only that he had a contract with BLT and received consulting fees. BLT Construction was the company recommended by Sprung to install their structures.
Inquiry documents and testimony showed Lloyd recommended to Sprung’s regional sales manager, Tom Lloyd (no relation), Bonwick be retained as a consultant to assist in his efforts to sell Sprung structures to the town.
“I have no pecuniary interest in Mr. Bonwick’s business nor am I related to him,” said Lloyd in his submission. “It would seem to me to be one of council’s roles to promote local business and encourage their services be used by other companies. Mr. Bonwick’s business was only one of many Collingwood businesses I have recommended during my time in office.”
During his testimony in April 2019, Lloyd was asked about his relationship with Bonwick.
Lloyd told the inquiry he was friends with the whole Bonwick family; Bonwick’s parents were his wife’s godparents and vice versa.
“It was more than just a friendship, we were like family,” said Lloyd. “He was a family friend. It doesn’t get any closer.”
Bonwick is the brother of Sandra Cooper, who was mayor at the same time Lloyd was deputy mayor during the time the town contracted BLT Construction to install the Sprung structures for the arena and aquatic centre.