In a report that went to the city council, Robert J. Swayze said the scratching incident, which occurred in April 2021, constitutes workplace harassment under the city’s Workplace Respect Policy.
“In light of the councillor’s actions, I find that he engaged in harassment against Councilor Ras. Destroying someone’s property, particularly their vehicle, is behavior that is degrading, offensive and unwelcome. The Respect in the Workplace Policy makes clear that a single incident of hostility or offensive behavior that is significant can constitute workplace harassment. Intent or motive does not matter. What matters is how the conduct is perceived,” Swayze wrote in his report.
“I have decided to propose a relatively longer suspension of the compensation paid to him as a member of the Council because his action was senseless vandalism and lacks common decency.”
In February, the city council asked Swayze to investigate the incident that happened in a secure garage at city hall.
Rush, who resigned in January, said the April 2021 incident was not the first time Starr had allegedly scratched her car, claiming she had “repeatedly vandalized” her vehicle.  In her online post announcing her resignation, Rush hinted at “workplace issues” and said councilors don’t have the proper ways to deal with them properly.
Swayze presented his findings to the city council on June 29.
In his report, Swayze, citing evidence and materials he collected during the investigation, said Ras’ car was first scratched in the spring of 2019.
He said the car’s front bumper was discovered with scratches on several occasions while it was parked in the city hall garage.  Rush called Peel police, but due to the lack of security cameras, “I understand the police investigation was unsuccessful,” Swayze said.
Fast forward to April 13, 2021, when Russ found more scratches on her car.  He called security and asked them to take surveillance video installed in the garage.  Rush also notified the police, who reviewed the video and identified Starr as a possible suspect.
Swayze also reviewed the video, which he said showed Starr getting out of his truck and walking in front of Ras’ car.
“She can be clearly seen through the side and front window of her car bending down and turning toward the grill of her car a short distance away from the car. She then got up and walked toward the exit of the garage,” Swayze wrote in the report.  describing what he saw in the video.
In a statement submitted to Swayze through his attorney, Starr admitted he was the one in the video, but denied locking the vehicle, saying he stopped in front of Ras’ car to retrieve a piece of paper he spotted.
However, Swayze dismissed Starr’s claim, saying that he does not accept it as a “credible explanation”.
“I have reviewed the security material in great detail. The councilor provides no information about what the ‘piece of paper’ was, its size or how it could have got there. Before Councilor Ras parks her car, there is no visible material or Object on the ground in the area that would be under the driver’s front bumper Even when the headlights from Councilor Ras’ car shine directly where this “piece of paper” is supposed to be, nothing is visible ” said Swayze.
“There is no other evidence to support the councilor’s explanation that he took a ‘piece of paper.’ can be seen in the video, on the contrary, the police report concludes that the councilor scratched the car. damage to Councilor Rush’s car,” he added.
Swayze noted that the detective who investigated the April incident told him that an attorney acting for Starr “admitted his client’s guilt” and made arrangements to pay for the repair of the damages “to avoid a criminal nuisance charge under of $5,000”.
Swayze said he reviewed an invoice from a collision repair shop that showed repairs made to Ras’ car.  Starr, however, maintained that he agreed to pay based on his attorney’s advice.
The commissioner said he also reviewed statements from a property damage appraiser, who was retained by Starr, a biomedical engineer and chiropractor.
“Based on a review of all the evidence in my investigation, including materials provided to me at the last minute, and on the balance of probabilities, I find it more likely than not that Counsel caused the damage to Counselor Ras’s car on the 13 April 2022,” Swayze said.
For his part, Starr, through his attorney, accused Swayze of being biased because the commissioner did not initially investigate the incident when Ras came to him.
In his defense, Swayze said Ras consulted him about the scratching incidents and sought advice, but did not file a formal complaint.
Starr also said the investigation was politically motivated, stating that Mayor Bonnie Crombie’s comments to the media about the incident “suggest the motives of the City Council in passing the resolution to request an investigation and that those motives are improper and political.” .
At the time, Crombie apologized for not “pushing” Swayze to investigate reports of harassment by the councilman.
“As leader of the council I should have done everything in my power to protect my friend and colleague. I should have pushed our Integrity Commissioner to launch an inquiry into this once the criminal investigation was closed by the police,” he said.
Starr was asked by the city council in February to take a leave of absence until the investigation is completed and the findings are reported back to them.  The city council will consider the report at a meeting on Wednesday.
Starr, who was first elected to the city council in 2010, is seeking re-election in October.