SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
February 22, 2024 09:00AM
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  • Feb/22/24 9:40:00 a.m.

I’d like to start by thanking the minister that spoke early on and my PA colleague, Deepak Anand, for his gracious statements.

I’m pleased to rise in the House today for third reading of the Working for Workers Four Act, 2023. It has been an honour to work with the Minister of Labour, Immigration, Training and Skills Development on this bill to further support and protect workers and their families. I would also like to add my thanks to our Premier for his tremendous leadership and support for the Working for Workers acts that have been passed by this House over the last three years.

Madam Speaker, I stand before you today with a strong sense of purpose as I talk about important changes to our employment laws and workplace safety initiatives we are proposing in the Working for Workers Four Act that would further the evolution of workplace health and safety. These proposals embody our commitment to fostering fairness, transparency and support, and to ensuring we keep up with the way work is changing in Ontario and around the world.

Speaker, today I am here to share with you the remaining pieces of Bill 149, as well as some related measures. The first area that I would like to speak on is relating to vacation pay provisions. Too often, employers do not understand the ins and outs of the vacation pay provisions, and employees may lose out because of that. That is why, Madam Speaker, we are proposing to take steps to clearly explain vacation pay provisions, to make sure employers and employees know their rights and responsibilities. We want to ensure that both employers and employees are aware of the rules on vacation pay.

This bill aims to ensure that employees are fully informed about when vacation pay must be paid and that a written agreement is needed in cases where vacation pay is paid in any other way than a lump sum before the employee begins their vacation. This change would protect the interests of both employees and employers. It would help emphasize the importance of clear communication between employers and employees, underlining the need for mutual understanding of the terms governing when vacation pay is paid.

This is about providing a fair and transparent process for everyone involved. By ensuring that everyone is on the same page regarding vacation pay, our goal is to foster transparency and promote fairness in the workplace. We will continue to use every tool in our tool box to ensure Ontario is a province where hard work pays off.

The next area of concern is enabling super-indexation of WSIB benefits. Madam Speaker, our mission is to build a province that leaves no one behind, because every worker deserves to come home safely to their family at the end of their shift and every workplace injury and occupational disease should be preventable.

Our ministry invested $100 million annually in workplace health and safety for this very reason. But we know 134,000 workers rely on the Workplace Safety and Insurance Board for long-term compensation as a result of physical and mental injuries or illnesses they have suffered on the job. Madam Speaker, while our number one goal is always to give these workers the support they need to return to work, to support their families, contribute to Ontario’s economy and to build their communities, we know it is not always possible. That is why this legislation will, if passed and proclaimed into force, support injured workers by enabling additional indexation increases to WSIB benefits over and above the annual indexation, which is based on indicators of the rate of inflation.

Under the Workplace Safety and Insurance Act, benefits are annually indexed based on change in the Consumer Price Index over a period of 12 months, providing a cost-of-living adjustment. The proposed super-indexing amendment seeks to allow indexation increases beyond the regular annual adjustment. If passed, the amendment would empower our government to set these additional indexation increases and would require the WSIB to apply those increases on the specific dates, responding to economic factors and ensuring fairness during times of rising costs.

This proposal represents a significant step in delivering on our government’s commitment to supporting injured workers. For example, for an injured worker who earns $70,000 a year, if a 2% indexation increase is prescribed, it could mean an additional $900 annually to top up the cost-of-living adjustment, which is 4.4% in 2024. This change is a testament to our government’s dedication to ensuring the well-being of workers and their families in the face of evolving economic conditions.

Regulation for additional three poisonings to the WSIA: Madam Speaker, I am pleased to share with you our government’s continuing commitment to expediting access to compensation and services for injured workers. I want to take a minute to tell you about another measure we have recently taken to help Ontario’s workers that complements our Working for Workers legislation. With new regulations under the Workplace Safety and Insurance Act, our government has added chlorine, ammonia and hydrogen sulphide poisoning—when associated with related work, such as chlorine poisoning in the pool industry—to the list of presumed work-related occupational diseases. This will make it easier and faster for injured workers and survivors to get access to WSIB support and compensation.

Previously, these claims were adjudicated based on establishing the workplace relatedness of occupational diseases, but the new regulation streamlines the process. This regulation will ensure that if a worker gets sick from contact with chlorine, ammonia, hydrogen sulphide at work, they will get faster access to the support and compensation they need from the WSIB.

By presuming that workers’ illnesses are work-related, we are speeding up the process to make decisions and getting them the benefits they need. This change is not just about efficiency, it is about recognizing the challenges faced by workers in specific industries and providing them with a more straightforward path to compensation and support. The board regulation reflects our government’s commitment to creating a workplace safety and insurance system that reflects the current knowledge about occupational diseases.

Personal critical illness job-protected leave consultations: Madam Speaker, our commitment to the well-being of workers also extends to those facing personal critical illnesses. I would like to bring your attention to the planning consultation that speaks to the needs of this population. Our government understands the challenges that individuals living with critical illnesses face. This planned consultation on unpaid personal critical illness job-protected leave seeks to address a significant issue, potentially leading to legislation that would create a new unpaid job-protected leave for employees facing critical illnesses.

The Employment Standards Act currently provides three days of unpaid sick leave per year for personal illnesses. However, it is falling short when it comes to personal critical illness. We recognize the enormous toll receiving a diagnosis of a critical illness such as cancer can take. In addition to the stress of managing their illness, workers need to deal with the potential need for unexpected time off. While there are financial supports available through the federal government insurance sickness benefits, it should be a given that someone’s job will be waiting for them when they return, which, unfortunately, isn’t always the case.

This consultation is about creating a new unpaid job-protected leave that aligns with the length of federal employment insurance sickness benefits, which is 26 weeks. The federal medical leave that applies to employees working in the federally regulated industries and workplaces covers a wide range of reasons, including personal illness or injury, organ donation or medical appointments during working hours.

Our aim is to ease the burden on those facing critical illness and offer the protection they need during challenging times. Our government consultations would be aimed at exploring a new leave under the ESA for personal critical illness, because nobody should be stuck at home or in the hospital battling cancer or another critical illness and have to worry about losing their livelihood.

As we examine the evolving nature of work, this proposal aligns with our ongoing efforts to support workers facing personal critical illness. It is a realization of our commitment to understanding and responding to the diverse and changing needs of Ontarians. We can all agree that anyone dealing with a personal critical illness should be able to focus on getting better, with the certainty their job will be there for them when they are ready and able to return to work.

Speaker, because of Bill 149 representing our government’s ongoing efforts to shape a future where both employees and employers are supported and successful, if this bill is passed, Ontario would take significant steps to improve clarity around vacation pay.

I want to end—because it seems like my time is running out here. The additional regulation will ensure expedited access to benefits by adding three poisonings to the list of presumed work-related occupational diseases, and the planned consultation would explore a new unpaid leave under the ESA for personal and critical illnesses. Each piece of this bill and related measures is a step toward a more supportive, equitable Ontario.

I call on all members of this House to join me in supporting Bill 149, the Working for Workers Four Act, 2023.

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  • Feb/22/24 10:00:00 a.m.

It is now time for questions and answers.

I recognize the member for Richmond Hill.

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Thank you to my colleagues for their opening debate on third reading of this bill. My question is for the Minister of Labour, Speaker. As he knows, there are three schedules of this bill that are already existing laws. One of them is wage theft. One is work performed through trial shifts, unpaid work. These are both already existing in the Employment Standards Act. The minister is aware of nearly $10 million which has been reported in wage theft that isn’t being followed through on. The other one is Canadian work experience, which is part of the 2013 Ontario Human Rights Code. There are 9,000 people waiting for hearings. If you were to put in a complaint today, there would be a five-year backlog.

My question to the minister is, since we’re putting through these laws that already exist as laws, will you commit to actually following through and collecting the almost $10 million that’s owed to people? And what will you do to address that 9,000-people backlog?

We tried to pass an amendment to have these workers recognized as regular workers so they have Employment Standards Act and Ontario labour relations protection. These workers are making six bucks an hour—that’s before deductions, before they pay for gas, wear and tear on their vehicles and maintenance.

My question is, why is the government standing with billion-dollar companies like Uber and standing against workers who are making less than six bucks an hour?

I also want to recognize as well that the Ontario Superior Court of Justice and the Ontario Ministry of Labour employment standards officer have both indicated that these app workers may be misclassified as independent contractors. The Ontario Superior Court of Justice certified a landmark $400-million class-action lawsuit against Uber that was filed on behalf of Uber drivers. As well, officer Katherine Haire found several violations of the Employment Standards Act. Employment lawyers and advocates say the ruling sends a clear message on the issue of employment status that gig platform workers have long fought for.

The minister is telling these workers—some of them who make nothing because they’re waiting for an app to come in and they don’t get an order. He is telling these workers, and there’s many of them across this province, that they are worth less than minimum wage. Our party, the Ontario NDP, thinks that people should at least make minimum wage. How can he not stand with us and stand up for workers who should be at least making minimum wage?

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  • Feb/22/24 10:00:00 a.m.

Well, Speaker, we wouldn’t be strengthening the act and be the first to explicitly reference trial shifts and others if we didn’t think it was already working. That’s why we’re doing this.

When it comes to Canadian work experience as well, I was recently at a federal-provincial-territorial meeting—in fact, that member would speak to their NDP colleagues across Canada who spoke to us about our leadership in this and lauded us for taking steps on Canadian worker experience.

He does raise an important point about enforcement. Yes, we have more enforcement officers coming online today than we did yesterday and are working diligently to hire them.

As for cases on tribunals and quasi-adjudicative bodies, I also recognize that more needs to be done there. We’ve tackled massive backlogs from OLT, the landlord and tenant—you name it. We’re working to address it by bringing on more adjudicators and tackling the backlogs that, quite frankly, the previous Liberal government let fester for decades.

If that member always wants to just absolutely kill ride-share in its entirety, which is putting all of those workers completely out of work, then just come clean and say it in this place. Say you don’t want them. You don’t want them in Ontario. You don’t want them in Toronto. Stand in your place, be clear and say you want them out of a job.

First responders deserve WSIB supports, and we recognize that we need to do more to support that. We’ve strengthened the WSIB, put it in a solid financial position so that we can do more for injured workers, and that’s what we’re doing. Thyroid, pancreatic cancer, esophageal cancer—these are all things previous Liberal governments could have done, but they didn’t. They didn’t because WSIB, under their watch, was a mess, quite frankly. They didn’t because they didn’t prioritize this. We are, and I value the advocacy of the OPFFA. I value the firefighter advocacy to get us to this place, and I thank them for what they’ve done.

Speaker, what we’re doing by banning Canadian work experience—I was in an Uber the other day, and that Uber driver recognized that by banning Canadian work experience requirements, something this bill has done, something that member would have asked about but didn’t because he’s got no leg to stand on—is empowering newcomers, newcomers like Shanny, who we met at the Canadian newcomer centre. That member would rather she live off social assistance than actually have the dignity of a job and to provide for her family. He wants misery. He wants poverty. He wants to push a minimum-wage economy. We here are going to stand for better, because we know Ontarians deserve better. He wants them out of a job, living off government handouts.

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I just want to ask our minister—

Interjections.

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  • Feb/22/24 10:10:00 a.m.

One of the amendments that we tried to move on this act was to bring in anti-scab legislation, which the Conservatives had voted against. We’re aware of many workplaces using scabs already, more than happy to have these workers languish on picket lines.

I want to read this here. It was about workers hit by scabs on picket lines. The article says, “Doug Ford’s Conservative government must ban scabs if there’s any sincerity to his claims of supporting workers....

“Two equipment operators were hit by two different scabs driving a pickup truck through picket lines on Wednesday. These are the second and third incidents of a motor vehicle being weaponized to attack Black River-Matheson’s 14 municipal workers who were, at first, locked out in October ... and have been on legal strike since January” of 2024.

“‘We’ve been locked out or on strike for 124 days. That’s a third of a year,’ said Serge Bouchard, president of CUPE Local 1490. ‘As it stands now, it seems Doug Ford and all of Ontario’s Conservative MPPs are okay with a worker being the victim of a hit-and-run every 41 days.’”

Tell me—

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  • Feb/22/24 10:10:00 a.m.

I think we always have to do more for workers in the province of Ontario. We’ve got to do a lot. That’s why we’ve brought these bills before. I don’t know how that member stands in this place, quite frankly, when he slashed residency positions, when they cut nursing positions, when they underfunded rural hospitals like mine, leaving them on life support. That member’s party systemically dismantled health care and then ran off in a minivan and disappeared after. That’s the size of their party today.

You destroyed health care. Quite frankly, as a health care professional, how you even stand as a member of that party is shocking.

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  • Feb/22/24 10:10:00 a.m.

Further questions?

Third reading debate deemed adjourned.

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  • Feb/22/24 10:10:00 a.m.

My question to the minister: How does he reconcile the stated purpose of this bill against his own track record of attacking health care workers with Bill 124, attacking collective bargaining with Bill 28 and then, of course, explicitly voting against extending WSIB coverage to PSWs and DSWs?

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  • Feb/22/24 10:10:00 a.m.

As part of our government’s promise to build more transit in Scarborough, the government allocated $1 million to start studies on extending the Sheppard subway line from Don Mills to McCowan. Accordingly, Metrolinx organized public consultations in November 2023.

On December 6, 2023, MPP Raymond Cho, MPP David Smith and I organized a town hall meeting to seek input from community organizations, residents and stakeholders. The town hall participants unanimously spoke in favour of the extension of the Sheppard line to be a subway and not LRT.

The following community organizations—the Sheppard Subway Action Coalition, the Agincourt Village Community Association, the Heathwood Ratepayers Association, C.D. Farquharson, the Pleasant View Community Association, the Federation of Asian Canadians, the MTCC 872 condo board, the Chinese Cultural Centre of Greater Toronto, the Scarborough Rosewood Community Association and the Filipino Centre Toronto—presented their studies and analysis in support of subway extension. During the town hall and in their written submissions, the community organizations made persuasive and well-supported points to extend the subway line on Sheppard Avenue East.

In addition, during the January 20, 2024 pre-budget consultation in Scarborough, a substantial number of Scarborough organizations also advocated for the subway option.

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  • Feb/22/24 10:10:00 a.m.

People in Ontario want to age at home. They do not want to move into a long-term-care home. We know how to support people in their own homes, where they want to be. We have the knowledge, we have the skills, but frail, elderly Ontarians face a broken home care system. In Ontario, for-profit home care companies are more interested in making a profit than in providing people the care they need in order to stay home safely and respectfully.

A personal support worker was in my office a few days ago asking how he can continue to service the clients in Dowling and Onaping, two northern rural areas of my riding, after Canadian Shield cut his mileage in half, to 25 cents a kilometre. Most home care workers do not get paid between clients. In my riding, they will drive for 30 or 45 minutes between clients, all on their own time, for 25 cents a kilometre. It doesn’t matter how hard they work; it is impossible to make enough money to survive.

Many PSWs love their clients. They are good at what they do, but they have no choice but to leave the home care system in order to feed their kids and pay their rent. Right now, ParaMed, a for-profit home care company, is withholding money that the government sent for PSWs in order to gain concessions from their PSWs. This is happening under this government’s watch. It is a shame.

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  • Feb/22/24 10:10:00 a.m.

The things we learn the best are the things we learn by doing. Research shows experiential learning has the highest rate of knowledge retention, at 90%, as it provides an opportunity to see, feel and experience as you’re learning.

Since 1975, the Ontario Legislature Internship Programme has been a distinctive example of how experiential learning prepares graduates to be job-ready. Each year, from September to June, 10 motivated university graduates complete paid internships on all aspects of the Legislature with MPPs from both sides. In the last 48 years, 307 MPPs have hosted 416 non-partisan interns.

OLIP opens the door for its alumni to have distinguished careers in many fields, with former interns becoming architects, academics, lawyers, public servants, public relations, as well as members or even becoming elected officials. For an example, Tim Murphy became an MPP in 1993, became chief of staff to Prime Minister Paul Martin. Here at home, Patrick Sackville, the current chief of staff to Premier Ford, was in OLIP as well.

So I want to say thank you to my OLIP interns, Gurkamal, Habon, Esma and Bridget, for being part of my office, learning by contributing and bringing a new perspective.

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Yesterday I attended the federal-provincial conference simulation in Waterloo. Waterloo region students come together to simulate the annual federal-provincial meetings where they discuss solutions to the problems the country is facing. We are fortunate to have teachers who believe it is imperative for students to truly understand the operations of the Canadian federal and provincial system and step into the shoes of politicians.

In partnership with the University of Waterloo, the first conference was launched in 1965, with Steven Langdon from KCI serving as the Prime Minister. Interestingly enough, Langdon went on to become an NDP member of Parliament.

Since then, Fed-Prov has been a highlight of the academic year for students across Waterloo, and they just celebrated its 59th year. Yesterday was also the inaugural launch at Wilfrid Laurier University, and this is the beginning of a truly progressive partnership with the Waterloo Region District School Board and WLU.

Speaker, this simulation is a unique opportunity for youth to gain deeper understanding of the decision-making process and the complexities of governance, something that we in this room know all too well. It fosters a sense of civic engagement and prepares young people to be informed and active citizens, which we need more than ever.

Thank you to the educators who continue to ensure that Fed-Prov continues year after year. I’m sure the future politicians that you are mentoring and supporting thank you, as do we in this Legislature.

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  • Feb/22/24 10:20:00 a.m.

Thank you, Speaker. It’s great to be back in the House.

Today, as we celebrate Black History Month, I’d like to reflect on the deep roots and contributions of Black Canadians.

Today, I rise to honour that heritage beginning with the historic town of Oakville, a symbol of hope and freedom in the journey of the Underground Railroad. Oakville became one of the main critical end points to the Underground Railroad network in the mid-19th century. There are many untold stories of courage and determination of individuals who, despite their peril, found sanctuary within our community. Their journeys from slavery to freedom, aided by the support of Oakville’s residents, embody our town’s spirit of inclusivity, compassion and justice. It is crucial to recognize and celebrate the vibrant organizations that continue to uplift and support Oakville’s Black community.

I want to thank Evangeline Chima, founder and CEO of Black Mentorship Inc., for her outstanding leadership and dedication to Black professionals within our community. The work done by BMI is building pathways of success and resilience.

Furthermore, I had the privilege of experiencing the Canadian Caribbean Association of Halton’s Black History Month art exhibit. This event, under the expert curation of Joan Butterfield and the talented artists who shared their profound expressions of heritage and identity, has been well received in Oakville. Your dedication to celebrating Black heritage and promoting inclusivity and understanding in our community is amazing.

Let us all continue to support and participate in these valuable community initiatives during Black History Month and, just as importantly, throughout the entire year.

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The House has reconvened, but since we were last here, two great Canadians have passed away. I had an opportunity to attend a celebration of life for both of them, so I want to talk about Ed Broadbent, and I want to talk about Daryl Kramp.

I had occasion to be at the Dominion-Chalmers centre with current and former elected officials to celebrate the life of Ed Broadbent. Many people don’t realize, but Ed won by 15 votes in a close three-way race in his hometown of Oshawa in 1968; went on to serve this country; led our party federally for 14 years; was a friend to people from all caucuses. It was wonderful to be in that room and to remember Ed as a human being. Ed was someone who believed Canada could be a place of opportunity for everyone.

I want to say, Speaker, politics is also full of surprises, because I found the same to be true of Daryl Kramp. Mr. Kramp was the chair of the government caucus for 2018 when we were both elected to this House, but he had served Canada in other capacities federally before that.

I had occasion in this building, after a very difficult debate in this House, to be up on the third floor where both of our offices were, hanging my head. Mr. Kramp came over, put his arm on my shoulder and said, “What’s wrong, Joel?” I said, “I’m having a hard time with the heat in this place.” He said, “Take the heat, and let it power you to work for your people.”

One of the things that was said at his celebration of life I take to the bank: “You can get a lot done in politics,” Daryl used to say, “if you don’t worry about taking credit.” Amen to that.

Rest in peace, Ed. Rest in peace, Daryl.

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Good morning, colleagues. I want to tell you about a great Ontario event I had the pleasure of attending this past February 2: Groundhog Day in Wiarton.

Groundhog Day started back in 1956, when Wiarton resident Mac McKenzie donned a fur hat, dug a burrow in the snow and made a weather prognostication. The next day, the picture was in the paper, and the annual tradition was born.

The morning began with a beautiful display of fireworks at 7 a.m. Wiarton is nestled right on the shores of Georgian Bay, so the fireworks were very special. At 7:40, the McLaren Pipe and Drum Band led us to the stage. The sound of bagpipes is also extra special on a frosty winter morning. Town criers Bruce Kruger and MacGregor Tannahill were both dressed in their bright red uniforms, and their message to the crowd of 500 was clear and loud.

I was in the group known as the shadow cabinet, which included Mayor Jay Kirkland, Ronnie Ottewell and Regan McKenzie, the daughter of founder Mac McKenzie. We were all in white tuxedos and top hats.

Wiarton Willie then joined us on stage with his amazing handler, Gord Glover. Willie looked great and was in a chatty mood. Mayor Kirkland listened intently, considered what he’d heard and proudly announced Willie’s forecast: an early spring.

Colleagues, this is a great event for Wiarton and for our province. Thank you, Willie, for your great work. See you next year.

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  • Feb/22/24 10:20:00 a.m.

I am pleased to share with my colleagues that $476,000 from the Ontario Trillium Foundation will be directed toward five non-profit organizations in the town of Whitby and other parts of the region of Durham, ensuring safe and accessible programming, activities and spaces for local residents. Whether it’s purchasing the equipment, building new spaces or completing renovations, these grants will have a positive impact on the region of Durham.

Now, the organizations receiving these grants—WindReach Farm, the Sunrise Developmental Support Services group, County Town Singers and the Whitby Curling Club—all play a pivotal role in enriching the lives of Whitby residents and contributing to a strong and prosperous region of Durham.

Speaker, these grants go beyond financial support. It’s about making life better for people in the region of Durham. It’s about creating opportunities for communities to thrive.

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  • Feb/22/24 10:20:00 a.m.

I rise this morning as a Delhi girl to honour a hometown boy who served and protected members and staff at Queen’s Park for nearly 32 years, up until his recent retirement. That hometown boy is none other than Rick Boon, here in the gallery today with his wife, Gina, and dad, John.

A tireless worker, Rick was passionate about the assembly’s responsibility in supporting the function of Parliament, and he did his utmost to uphold the critical importance of this assembly’s autonomy, independence and neutrality.

Although his illustrious career saw him wear many hats, Rick is most proud of serving as a member of the armed response unit, as well as operations manager within precinct properties branch and commander of the service’s public safety unit.

Alongside his countless accomplishments within this building, Rick was awarded the Diamond Jubilee Medal and Peace Officer Exemplary Service Medal. When I arrived at Queen’s Park on the heels of the 2022 election, it was Rick who first knocked at my door to ensure I was settling in and to ask if there was anything I needed.

Rick sends gratitude to the members who improved security and building services, and he conveys special thanks to former Sergeant-at-Arms Dennis Clark and director Jelena Bajcetic for their support and inspiration. He offers thanks to the MPPs that he had the honour of serving, even those he had the pleasure of arresting.

Speaker, I’ve known the Boon family since I was a child—a family that is loved and respected in our neck of the woods. I think we are truly blessed that the Boon family shared with us their son, husband and father for so many years.

Rick Boon: an exemplary employee and a very true friend. Enjoy retirement, Rick.

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