Breaking News : Decision Rendered in Councillor Kroetsch Investigation

As previously reported, The Hamiltonian reached out to both the Inspectorate of Policing under the Ontario Solicitor General and to Tribunals Ontario to inquire about the prolonged delay in rendering a decision regarding the investigation involving Councillor Cameron Kroetsch. We expressed concern that this delay has effectively prevented Councillor Kroetsch from fulfilling his role and contributing as a voice on the Hamilton Police Services Board.

This afternoon, The Hamiltonian received confirmation from Tribunals Ontario that a decision has been made and communicated directly to Councillor Kroetsch.

Councillor Kroetsch has indicated that he will issue a public response on Monday.

Stay tuned for further updates.

Water Fight- Analysis

 

Click on Picture to enlarge it

 

 

 

 

 

 

 

 

 

 Conclusion:

This labour dispute is centred on differing interpretations of fairness and fiscal responsibility. The City emphasizes consistency and cost containment, while the union highlights pay equity, working conditions, and recruitment/retention challenges. Both sides claim readiness to negotiate but accuse each other of obstruction and misrepresentation. Resolution hinges on whether the City will reconsider its mandate in light of the union’s narrower, equity-based demands.

Water Fight

In the interest of fairness and balanced reporting, and following City Manager Marnie Cluckie’s recent statement regarding the labour disruption involving the Hamilton Ontario Water Employees Association (HOWEA) (see it here)—The Hamiltonian reached out to the union for comment.

Here is Greg Hoath's , Business Manager for both the Hamilton Ontario Water Employees Association (HOWEA) and the International Union of Operating Engineers (IUOE) Local 772, based in Hamilton, response: 

IUOE Local 772/HOWEA Business Manager Greg Hoath Press Release

We represent 430000 members in North America both in the private sector and public sector in occupations from RN’s to recycling, from Operating Engineers to Environmental Aides. We represent other members in the City of Hamilton like the engineers at Macassa and Wentworth Lodge.

In this matter we represent the 54 provincially certified and licensed Water & Wastewater Operators that require certification in Water Treatment, Wastewater Treatment, Water Distribution and Wastewater Collection at the highest level and Millwrights, Electricians and Instrument Technicians. These dedicated professionals work 24/7 outside, inside, in inclement weather, with highly dangerous chemicals and in close proximity with raw sewage. The 54 employees were deemed essential during the Covid crisis and forgotten about in bargaining.

The history is important, the issues arose during the disastrous privatization with Philip Utilities . At the time the City was deciding on a renewal contract with the company at the time American Water or returning in house. The latter occurred January 1st, 2005. We informed the Mayor and Council of the two issues that today are the subject of the strike.

At bargaining in 2020, we put the City of Hamilton on notice that if internal pay equity with Hamilton Water Distribution employees requiring significantly less certification, in fact, only level 1 in Water Distribution, a license we require at a higher level and a fair system to achieve top rate, there would be a strike. We requested to communicate to council and were denied.

In December 2024, we indeed presented the City bargaining team with those two proposals, not a long list that typically occurs at bargaining. We recognize it is more than other employees but it is a pay equity matter that exists no where else within the unionized groups.

City Manager Cluckie, with all due respect, is misleading and missing the point in her media release. The union is always available to return to the table but remains steadfast in its position of pay equity. The union has never refused. The union leadership does not make the decision the 54 members provided a strike mandate with 100% vote and rejected the same offer that Ms.Cluckie calls fair, with a 94% vote. In her statement, she is misleading in suggesting that picket activities are concerning. The police have been contacted on at least 10 occasions for frivolous and false claims, wasting valuable police resources. We have been threatened by this administration for conducting our legally protected Charter of Rights freedom to picket City properties. The City was untruthful when stating we delayed buses, we did not. We apologize to the public and employees who have experienced delays. We delay no one from going home, we delay no emergency vehicles including Darts, despite City accusations. 

We are returning to the table tomorrow, a fact the City Manager appeared to be unaware of. The fair offer mentioned is also inaccurate when she ignores those who will experience wage freezes.

We have an inability to attract and retain qualified certified experienced employees because of the low rates compared to other municipalities. Hamilton is also the only combined Water & Wastewater facility in Ontario. Despite that differential the 54 employees are only requesting the same base rate as the other City employees.

Finally, and most importantly to the public. The City cannot guarantee operations and maintenance continue uninterrupted with only two superintendents that are living on site who hold the necessary qualifications. The City already experienced no water followed by brown water in Stoney Creek, numerous water main breaks caused by unqualified staff error. A body in a seat at the facilities is not sufficient. 

Ms. Cluckie references being responsible to taxpayers. We are pleased as taxpayers ourselves that she is concerned. However, she fails to outline the tax dollars being wasted. Hired a 24/7 external security firm that is providing on site 24/7 coverage for a Monday to Friday picket line of about 5 hours. There are more security than picketers and they are being housed in a local hotel . Estimated to be in excess of $500000 wasted tax dollars. The City installed new interior black out fencing to keep the public from seeing in. It was installed after we witnessed 6 staff trying to fix sewage pumps for two days without success. One final point, the City had no issue approving in excess of 45% wage increases for its management staff including 30% not long before the strike.

In the end, we did refuse to sign a protocol that had little to do with safety but everything to do with removing our rights. This has been known by several councillors and Mayor Horwath for 20 years. The time has come to award pay equity, end the injustice, help to recruit and retain qualified personnel that jeopardizes our ability to protect drinking Water and the environment.

We urge the end of the strike. We urge the public to demand a settlement that protects tax dollars and ensures qualified staff protect such a life necessary resource that Hamiltonians can count on. It’s $300000 that represents less than 0.01% of the City of Hamilton budget. Get these 54 critical workers back to work.

Statement from City Manager Marnie Cluckie on the Hamilton Ontario Water Employees Association (HOWEA) labour disruption

HAMILTON, ON – As City Manager, I want to express my deep respect for the City’s Hamilton Ontario Water Employees Association (HOWEA) members. The current labour disruption in no way diminishes the high regard we have for the skilled and dedicated professionals who help deliver essential services to the people of Hamilton.

The 55 HOWEA members play a vital role in the delivery of essential services across our city, and so do thousands of frontline workers – volunteer firefighters, nurses, personal support workers, waste collection operators, Ontario Works workers, transit operators and many more representing hundreds of job classifications who have already ratified collective agreements within the same financial mandate as the offer the City has presented to HOWEA.

Let me be clear: the City’s offer to the HOWEA membership is consistent with the agreements reached with eight of the City’s eleven bargaining units, representing more than 6,000 employees. The agreements are fair, responsible and negotiated in good faith.

So how does this translate to dollars? When negotiating collective agreements, the City bases its financial mandate on a percentage cost increase - not the total dollar value - of the new agreement. This ensures fairness for employees across different unions at the City, whether they have 3 or 3,000 members. While a 20% wage increase over four years for 55 employees may appear to have a small impact and be manageable in isolation, that same increase applied across our workforce would result in hundreds of millions of dollars in additional costs. We simply cannot create a system where the size of a bargaining unit determines the outcome of negotiations; we need to treat employees consistently.

The City’s offer includes:

Wage increases: A new wage schedule that would deliver first-year increases of up to 6–10% for most employees, averaging 4.72% for HOWEA members.
Faster progression: Changes to make it easier and quicker for employees to reach the top of their pay band.
Enhanced premiums: Increased pay for certifications and specialized skills.
Better benefits: Expanded mental health and vision care coverage.

This offer is fair. It is aligned with the same financial mandate that guided other successful negotiations and agreements and reflects our responsibility to both employees and taxpayers.

We want to resolve this disruption as soon as possible. The City has made repeated offers to return to the bargaining table and tried to negotiate a strike and picketing protocol to reduce conflict and increase safety on picket lines. Unfortunately, these offers were rejected by union leadership.

This is disappointing, but our goal hasn’t changed: to get a fair deal and bring employees back to the important work they do.

I know this isn’t easy. Negotiations are tough and emotions can run high. But we believe this offer is fair, and we believe a resolution is possible — at the bargaining table.

Our last meeting, held at the City’s request on May 26, did not bring us closer to that goal. The union’s latest proposal included an ask for a greater increase to the new wage schedule, moving further away from the framework and further outside the City's established mandate. The union has indicated that the disruption will only end if the union’s demands are fully accepted – that is not true negotiation.

We respect the union’s legal right to strike and protest peacefully. However, I am concerned about recent reports of behaviour on the picket lines, and especially about misinformation being spread in the community – particularly around water safety. 

To all residents: your drinking water is safe. Critical water and wastewater services remain operational and fully compliant with all provincial regulations. We have highly qualified internal staff and contractors, many with Level 4 certification, managing these systems and ensuring the continued delivery of these critical services. Emergency response, sampling and spill response remains active and effective.

Despite the current dispute, the City’s responsibility to the heath and safety of the public remains unwavering.

Though we approach the fifth week of the labour disruption, I want residents to know: our door remains open. We are ready and open to continued dialogue. We are willing to return to the negotiating table at any time. It’s the only path to a resolution that works for everyone — for employees, for the City and for the people we all serve.

To Hamilton residents: thank you for your continued patience. I understand how difficult and frustrating labour disruptions can be. Please know that your water remains safe, essential services are being delivered, and the City is doing everything it can to bring this dispute to a fair and timely end.

Let’s return to the table. Let’s get back to work — together.

Response from Minister of Industry's Office to Mayor Horwath's Press Release

We reached out to the Minister Joly, Minister of Industry Canada for a response to Mayor Horwath's press release and plea, found here. 

Joanna Kanga, Conseillère principale en communications | Affaires étrangères,  Senior Communications Advisor | Foreign Affairs, responded as follows:

The illegal and unjustified US tariffs threaten the livelihoods of workers on both sides of the border. Canadians will not be bullied; we are going to fight these tariffs, protect our workers and industries, and build the strongest economy in in the G7 - with Canadian steel.

Statement from Mayor Andrea Horwath on the Closure of ArcelorMittal Long Products Mill

HAMILTON, ON - I am deeply concerned for the wellbeing of the workers and their families who are now facing the devastating news of the ArcelorMittal Long Products Mill closure in Hamilton. This is a serious blow to our community, with immediate and lasting impacts on people’s lives.

This closure underscores the urgent need for action from the federal government. I implore them to prioritize Hamilton - one of the most significantly impacted cities in Canada. Once layoff notices are issued, and a plant goes dark, it’s too late.

The workers affected by this decision deserve more than words, they need immediate assistance. Hamilton has powered this country for generations. Now it’s time for the federal government to step up and make sure Hamilton isn’t left behind.

City Manager Accountability: Reaffirming the Call for a Formal Performance Contract

In a previously published opinion piece — available here — The Hamiltonian put forward the view that the City Manager should be subject to a formal performance contract. We recommended that such a contract include clearly negotiated, outcome-based targets and performance metrics. We also emphasized the importance of strong customer service standards as a key component of effective municipal governance, given that customer service is foundational to the public’s experience with city services.

Our position on this matter remains unchanged. We continue to assert that the introduction of a formal performance contract, as outlined in our article, would significantly enhance transparency, accountability, and good governance at City Hall.

In that context, we reached out to the Office of the Mayor with the following question:

May we get the Mayor’s thoughts on the article linked to below and whether she will consider its recommendations?
http://www.thehamiltonian.net/2025/05/statecraft-accountability-it-starts-at.html?m=1

We received the following response from Mayor Horwath’s office:

Thank you for sharing your recommendations in response to the City Manager’s May 9 responses regarding performance goals and accountability.

As noted, the City Manager’s objectives are developed in collaboration with the mayor and reflect Council-approved priorities for this term.

While there is no formal, public-facing performance contract, the approach is rooted in transparency, responsiveness, and accountability — values that Mayor Horwath continues to champion.

Your recommendations have been shared and will be considered alongside other feedback received as part of the Mayor’s Taskforce on Transparency and Accountability, surrounding ongoing discussions on governance and performance.

The Hamiltonian thanks Mayor Horwath for her response and reiterates its support for implementing a formalized performance contract as a practical and necessary tool for ensuring measurable progress and public trust.

Keeping Kroetsch

The Hamiltonian maintains a neutral stance regarding the outcome of the Ontario Civilian Police Commission’s investigation into a complaint alleging a breach of its Code of Conduct by Ward 2 Councillor Cameron Kroetsch. However, we find the prolonged duration of the process—during which Councillor Kroetsch remains suspended from his role on the Hamilton Police Services Board—concerning and arguably bordering on unfairness.

In the interest of public accountability and transparency, we reached out to the Ontario Solicitor General  Inspectorate of Policing.for an update on the status of the investigation. Below is the Q\&A exchange:

In March 2024, Councillor Kroetsch was temporarily suspended by the Ontario Civilian Police Commission (OCPC) in response to a complaint alleging a breach of its code of conduct. We understand that additional factors may have emerged during the course of the investigation, further shaping its scope. 

Over a year has now passed, and members of the Hamilton community may reasonably question why the matter remains unresolved. Given that Councillor Kroetsch has, during this time, been unable to fully carry out his responsibilities on the Police Services Board, does the protracted timeline raise concerns for you regarding the composition and functioning of the Board? Additionally, can you advise whether the matter is nearing resolution?

Please note: We are not requesting details of the investigation, which we fully recognize are confidential. Our questions are limited to the process and anticipated timelines for outcome.

The Inspector General of Policing, supported by the staff at the Inspectorate of Policing (IoP), is mandated to advise, monitor, and inspect police services, police service boards, Ontario Provincial Police detachment boards and special constable employers to ensure compliance with Ontario’s Community Safety and Policing Act (CSPA) and its regulations. The IoP is also mandated to deal with complaints about adequate and effective policing, the policies and services of boards and chiefs of police, and allegations of misconduct by police service board members. Where the Inspector General determines there has been non-compliance by a police service, board or board member, they have the authority to issue direction or measures to address the non-compliance.

The IoP’s Police Service Advisors actively monitor and provide advice to municipal police service boards, such as the Hamilton Police Service Board, to assist with meeting their legislative obligations and navigating local issues within the CSPA framework. Despite Member Kroetsch's current suspension, the Board maintains a quorum, continues to meet regularly, and makes decisions in its meetings.

Matters that were referred to the Ontario Civilian Police Commission (OCPC) prior to the CSPA coming into force do not generally fall under the Inspector General’s purview. For more information about OCPC's investigation and process, please contact the OCPC via Tribunals Ontario at Media.TO-TDO@ontario.ca.

The Hamiltonian thanks the Inspector General of Policing staff for their reply, but remains concerned. While the response provides a general overview of the Inspectorate of Policing’s (IoP) mandate and clarifies that the matter falls outside its jurisdiction because it was referred before the new legislation took effect, it fails to address whether the matter is nearing resolution. Further, we initially approached the Law Enforcement Complaints Agency of Ontario (LECA), who referred us to the Inspector General of Policing

We continue to hope that a fair and timely outcome will be reached. While the Inspector General of Policing’s office rightly notes that the Police Services Board continues to meet, maintains quorum, and makes decisions as required, it remains true that each Board member—Councillor Kroetsch included—brings a unique and valuable perspective to the table. At present, Councillor Kroetsch is unable to contribute his voice to these important discussions and decisions.

Media Release: The Hamilton Police Services Board Addresses Charter Rights

FOR IMMEDIATE RELEASE

JUNE 9, 2025

THE HAMILTON POLICE SERVICE BOARD ADDRESSES CHARTER RIGHTS

DISCUSSION FROM ITS MAY, 29, 2025 PUBLIC MEETING

The Hamilton Police Service Board (Board) is providing clarity on recent media reports regarding a Charter Rights motion that was included on its May 29, 2025 public agenda. Charter Rights matters were discussed in detail by both the Board and Hamilton Police Service at the public meeting of May 29, 2025. The Board takes this opportunity to highlight its ongoing commitment to transparency, education and governance responsibilities related to human rights in policing.

Board Commitment to Human Rights and Training

The Board values opportunities to expand their knowledge of current and emerging police and human rights-related issues. In accordance with the Community Safety and Policing Act, 2019 (the Act) s.35.(2), the Board is compliant with required training. This training includes education on Board roles and responsibilities, as well as education that “promotes recognition and respect for the diverse, multiracial and multicultural character of Ontario society and the rights and cultures of First Nation, Inuit and Métis Peoples”. Over and above this training, the Board organizes additional Board member education sessions on an annual basis related to legal, governance and police-related matters.

Board Collaboration with the Ontario Human Rights Commission

At its public meeting on March 28, 2025, the Board unanimously passed a motion to collaborate with the Ontario Human Rights Commission (OHRC) on future training and policy development. The motion includes:
 

An invitation to the OHRC to provide education and resources at an upcoming public Board meeting, with participation from the Board, Hamilton Police Service leadership and officers.

Direction to the Chief of Police to work with the OHRC on a plan to implement human rights-focused training and policies.

A formal commitment from the Board to ongoing collaboration with the OHRC to ensure continuous learning and enhance public trust in policing.

Oversight of Member Discipline and Charter Matters

The Hamilton Police Service maintains full compliance with the Act in the investigation and reporting of member discipline. Discipline-related reports are presented to the Board in May and December of every year. Any substantiated Charter breaches investigated by the Service’s Professional Standards Division are documented in these reports.

Additionally, the Service already produces a comprehensive annual report for the Board that covers both substantiated and unsubstantiated Charter violation allegations, including public and internal complaints. Since 2021, there has been a 718 percent increase in overall training, which includes charter issues, search and seizure, court testimony and notetaking.

The Chief of Police also provides updates on any new or ongoing Charter matters to the Board at its monthly public meetings.

The Service continues to demonstrate proactive communication in relation to Charter breaches with the Board, the community and its service members.

Board Governance and Oversight Responsibilities

The Board’s role respecting officer misconduct includes making sure policies are in place to manage complaints effectively. The Board’s ‘Policy on Complaints of Misconduct (P- 018)’, enacted April 1, 2024, ensures compliance with its responsibilities under the Act and reinforces its governance oversight responsibilities.

The Board remains committed to strengthening its governance practices and welcomes opportunities for continuous improvement. Meeting recordings, reports and presentations are publicly available on the Board’s website.

For more information, please contact the Board’s Executive Director Kirsten Stevenson.
 

The Hamilton Police Service Board is the civilian body governing the Hamilton Police Service. Through the Community Safety and Policing Act, 2019, the Board is responsible for ensuring the delivery of adequate and effective policing in Hamilton and to provide accountability to the public through governance activities that contribute to locally responsive policing.

Board Members: Chair Don Robertson, Vice Chair Esther Pauls, Andrea Horwath, Cameron Kroetsch, Anjali Menezes and Shaun Padulo

Administrative Team: Executive Director Kirsten Stevenson and Administrative Assistant Lucia Romano

Phone: 905-546-2727 Email: kirsten.stevenson@hamilton.ca Address: 155 King William Street Hamilton, ON L8R 1A7

Website: www.hamiltonpsb.ca