CORNWALL, Ontario – A Cornwall whistleblower who was closely aligned with Mayor Leslie O’Shaughnessy during last year’s election campaign is disappointed with his track record to date.
Diane Shay, is suing the city for $425,000, plus costs, to compensate her for harassment she endured after blowing the whistle on a suspected case of elder abuse at the Glen-Stor-Dun Lodge.
During the 2014 election she helped O’Shaughnessy launch his successful run for mayor – a campaign that was steeped in bringing more transparency and accountability to city hall.
Shay said in an interview Thursday she is still waiting for the transparency to present itself.
“I’m quite disappointed in his promise,” she said. “Nothing is happening and they (the city) are forcing me to go to court.
“And they know the truth.”
Shay, currently on long-term disability, filed a lawsuit in January 2014 seeking $425,000, plus costs, to compensate her for harassment she endured after blowing the whistle on a suspected case of elder abuse at the Glen-Stor-Dun Lodge.
Shay has been provided with a collection of documents, including correspondence between former city managers Paul Fitzpatrick, Robert Menaugh and Donna Derouchie – but she said the materials have not been “sworn” and are inadmissible in court.
She is filing a court motion to that end, which she hopes will force the city to swear to the authenticity of the documents.
“I am also requesting that Mayor O’Shaughnessy swear (to) the affidavit that the search of all relevant documents has been done,” she said. “It is unfortunate that I need the power of the courts force of the city to comply with the law.
“But I have no choice but to ask the courts to intervene.”
Shay indicated she is open to “mediation” but it is conditional on the city being open about what happened to her.
“We want them to admit to all this,” she said.
O’Shaughnessy would not directly address the Shay legal case when contacted by Seaway News.
“Really there is nothing to repond to,” he said. “These are legal issues taking place behind closed doors.”
But O’Shaughnessy did challenge Shay’s assertions that he has failied to live up to promises of increase transarency at city hall.
“My comments (on that subject) have not changed since the 2014 municipal election,” he said.
Last year the previous city council met behind closed doors to mull a $250,000 settlement in the matter. It’s unclear how far such a settlement offer would go.
The city pleaded guilty in 2011 to retaliating against Shay, who made a complaint on her own to the Ministry of Health and Long-Term Care about an incident at the lodge. As a result of her decision to go the ministry to file a complaint, which is mandated by law, the city began a campaign of abuse against her.
The city was fined $15,000, though specific charges against then city human resources manager Menaugh were shelved.
Menaugh has since been relieved of his duties and replaced and then CAO Paul Fitzpatrick has retired.
Shay has complained previously that that isn’t enough. She wasn’t even afforded the opportunity to read a victim-impact statement into the court record, which is now something that often takes place.
Shay’s lawsuit seeks $350,000 in aggravated and punitive damages, as well as $75,000 in special damages, plus legal costs.
