Ottawa council should stay mum on charges against mayor: lawyer

A special council meeting on Ottawa Mayor Larry O'Brien's political future lasted mere minutes Monday evening, after the city solicitor warned councillors not to discuss publicly the criminal charges laid against the mayor earlier that day.

"This is an extremely serious matter of a criminal nature that is currently now going to be before the courts and will be for some time," Rick O'Connor told council, "and I would strongly recommend that members of council individually and collectively not comment on this matter."

The charges against O'Brien relate to accusations that he tried to persuade a rival to drop out of the 2006 mayoral race by offering to help his opponent get a job on the National Parole Board.

The mayor, who is not legally required to step down as a result of the charges, said Monday that he waswilling and able to continue his job, but wanted to wait until after the council meeting to make a finaldecision aboutwhether to resign.

When the meeting opened that night, O'Brien repeated that he is innocent.

"And as I mentioned today, I want to listen to the public and I want to listen to the councillors, and get their ideas and their opinions," he said.

But following the city solicitor's brief speech, the mayordid not have a chance to gathercouncillors' opinions. He and the rest of council voted 17-6 in favour of adjourning the meeting just 10 minutes after it began.

Outside the room, most councillors such as Diane Holmes heeded O'Connor's warning.

"It's a private matter for him to deal with and I as a councillor do not want to be in any way involved," said Holmes, who represents Somerset ward. "My residents don't want the city to be involved in this. They want the city to move forward."

Coun. Maria McRae said under the Municipal Act, council has no authority to ask the mayor to resign anyway.

"If the charges turn out to be true in a court of law, which is the only place they should be tried, then the Municipal Act speaks to what should happen at that point," she said. "So I think that council doesn't have a decision to make and it's up to the mayor and it totally is in his ball court."

The first charge isthatO'Brienpretended to have influence with the Government of Canada or with a minister of the government when he allegedly made the offer to Terry Kilrea, contraryto Sec. 121 of the Criminal Code, frauds on the government.

The second charge is that O'Brien negotiated an appointment contraryto Sec. 125 of the Criminal Code, influencing or negotiating appointments or dealing in offices.

The allegations, which follow an Ontario Provincial Police investigation ofmore than eightmonths,have not been proven in court.

O'Brienhas repeatedly denied the allegations. Heis scheduled to make his first court appearance Jan. 9.