After making a formal complaint against one of its councilors, Hal Davidson says he is shocked the Town of Amherst doesn’t have a policy to deal with councilors making a racist remark.
Amherst Coun. George Baker issued an official statement during a special meeting of council Aug. 8, admitting he used the slur in July and then apologized after being, he says, verbally abused at the eating establishment. He and the three employees were the only ones present for the exchange.
“I used the ‘N’-word and immediately said ‘No one should ever say that word, I’m sorry’… I have no idea why that word would have come to my mind,” Baker said in his release. “It’s not a word I ever use.”
The issue, however, didn’t end at the restaurant.
In a time line of events issued by the Town of Amherst, the matter was brought to council July 21 and an in-camera meeting with Baker, the mayor, some councilors, police chief Ian Naylor and the town’s lawyer. Again, Baker admitted to the exchange and apologized but a review of the Municipal Government Act determined there is no policy to deal with allegations of misconduct on the part of a member of council.
“Council is not disciplinary authority for elected officials and any action to initiate proceedings to discipline or censure the mayor or a councilor for conduct outside Council [SIC] chambers would be without legal authority,” town solicitor Brian Creighton advised council.
Enter Hal Davidson.
A private citizen, Davidson managed to press the matter forward into the open council meeting after filing formal correspondence asking council to call for an independent review and corrective action.
The problem is, without a policy there is nothing council can do. However, Davidson’s letter was also addressed to the Amherst Board of Police Commissioners and it does have a policy.
Baker is a member of the police commission.
During the special meeting Monday, Coun. Lisa Emery first put a motion forward for council to instruct staff to start working on a policy to give council the power they need to take action with respects to council and all forms of discrimination. She later made the motion to defer the issue for the police commission to address. Albeit Baker also sits on the police commission, Emery is the chairperson.
While the matter is now on the police commission's hands, Davidson says he is dumbfounded.
“What I found most intriguing their advice was that throughout this province there is no mechanism to deal with elected officials who make racist comments outside of council business. That’s what I heard loud and clear. We are in trouble if we have a situation in this province where people can make whatever comments and are not held accountable through the governing bodies they represent.”
Baker left the meeting after adjournment without comment to media, but in his press release there were no indication he plans to step down from council or end his campaign for the town’s top position.
