Politicians will be reviewing a report conducted by an independent investigator at their September 10 council meeting to determine if Eisenberger violated council’s code of conduct.

Acting City Manager Joe Rinaldo confirmed that Toronto lawyer George Rust-D’Eye, of the law firm Weir Foulds LLP, delivered his report on the mayor’s conduct last week. Rinaldo refused to comment on the report, declining even to indicate its length.

Eisenberger acknowledged in a news conference earlier this summer he discussed certain issues “off the record” with a local reporter. After listening to the taped conversations, which occurred in May, 2007, Eisenberger said he believed he violated council’s code of conduct during the course of the conversation.

Council’s discussion is expected to take place behind closed doors, said Rinaldo. It will be up to councillors how much of the report will be made public, he said.

Rinaldo said the decision for the document to be discussed in an in-camera meeting came from Rust-D’Eye.

“It includes identifiable individuals,” said Rinaldo. “It was (Rust- D’Eye’s) decision. He made the call.”

Rust-D’Eye will attend the meeting, said Rinaldo. In addition, the city’s solicitor, Peter Barkwell, will be advising the Toronto lawyer, who is an expert in municipal law.

Rust-D’Eye is also expected to begin investigating whether Stoney Creek councillor Brad Clark violated council’s code of conduct. Clark has acknowledged he released a transcript and taped conversation between Eisenberger and the reporter to a media outlet.

Rust-D’Eye will review Clark’s application under the city’s recently approved integrity commissioner bylaw. In July, council approved hiring Rust-D’Eye as an interim integrity commissioner to conduct the investigation.

Rinaldo could not say how long the investigation into Clark’s application could take.

“I spoke (with Rust-D’Eye) and he agreed to review (Clark’s application) after the mayor’s request was completed,” said Rinaldo.

Rinaldo said city officials have not discussed how Rust-D’Eye will proceed.

“This is his call,” he said.

The reason Eisenberger’s incident was not reviewed by an integrity commissioner is because it took place prior to the creation of the position this year.

There had been some grumbling among councillors whether the investigation of the incidents would be fair.

Under the integrity commissioner bylaw, Rust D’Eye has more investigative tools at his disposal, including issuing subpoenas for information from records and people, and even the possibility of conducting an inquiry.

Penalties that an integrity commissioner can level are also different. The commissioner can deduct a politician’s pay, or censure the councillor. Council, on the other hand, has little authority except to censure a politician and strip him of committee chair positions, which it did with Stoney Creek councillor Dave Mitchell.

It is unknown how much the investigation would cost, but an estimate of about $30,000 has been suggested.