As if leaking sewage wasn't enough, now Hamilton council is targeting information leaks.

According to sources, councillors have directed staff to launch an investigation into who gave The Hamilton Spectator confidential city reports on the massive discharge of untreated sewage into Chedoke Creek.

City spokesperson Jasmine Graham declined to comment.

"Conversations with respect to the Chedoke Creek issue were held in closed session. With that, unfortunately we're not able to share what if anything was discussed."

But reliable sources say directions given in camera to staff include conducting an internal probe plus the option of consulting Hamilton police.

The secret reports obtained by The Spec revealed that the provincial government is investigating the spill of 24-billion litres of sewage over more than four years, which could lead to charges and significant fines against the city.

The media previously reported on the July 2018 spill. But council, based on strategic legal advice, withheld the two reports detailing the full extent of the disaster from the public.

When The Spec informed city officials on Wednesday that it had obtained the January and September reports, councillors discussed the issue behind closed doors.

During those discussions, senior staff was told to try to find out who breached the rules which prohibit members of council and employees from disclosing confidential information without proper authorization.

Coun. Terry Whitehead wasn't at the meeting but he strongly supports an investigation.

"I can tell you that I would have requested it," Whitehead said.

Whitehead argues that releasing the reports before the provincial investigation is complete could put the city at greater financial risk — though, frankly, it's not clear why that might be.

"If it falls out that we get a significant fine, a significant cost to the community as a result of this, I think there's culpability here," Whitehead said.

Concerns over leaked classified information are hardly new.

For decades the city has tried to stop councillors from leaking confidential reports by printing the documents on hard-to-copy red paper and generally collecting them after in-camera sessions.

Over the years, various mayors have called for internal crackdowns but it's extremely rare to suggest bringing in police.

Shortly after municipal amalgamation, then-mayor Bob Wade took the noteworthy step of consulting police after a flood of leaks.

Wade was told in no uncertain terms that any investigation would have to be done by outside police because the close relationship between Hamilton police and city hall would be seen as a conflict.

It's hard to know if the current council is serious about getting to the bottom of the unsanctioned release of the sewage reports or just rattling sabres to unsettle the leaker, whether it was a councillor or staffer.

The fact that councillors Maureen Wilson and Nrinder Nann intend to bring a motion to council calling for the public release of the confidential reports may make the investigation redundant — unless, of course, council is hoping to make an example of someone.

Violations of the code of conduct governing employees can result in a range of disciplinary measures, including unpaid suspensions and termination with cause.

Whistleblower bylaw protection probably wouldn't apply because, though it may have been wrong-headed of council to keep the reports secret, it didn't add up to "serious wrongdoing."

Councillors found to have violated their code of conduct can be reprimanded, removed from committees and have their pay suspended for up to 90 days.

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Mind you, in this case, given the public backlash to council's secrecy, an identified leaker also runs the dire risk of being branded a folk hero.

Andrew Dreschel's commentary usually appears Monday, Wednesday and Friday. adreschel@thespec.com @AndrewDreschel

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