Hamilton politicians will decide next week the fate of Mayor Fred Eisenberger's political future.

Politicians will review a report at their Sept. 10 council meeting conducted by an independent investigator to determine if Mr. Eisenberger violated council's code of conduct.

Acting city manager Joe Rinaldo confirmed Toronto lawyer George Rust-D'Eye, of the law firm Weir Foulds LLP delivered his report on the mayor's conduct last week. Mr. Rinaldo refused to comment on the report.

Mr. Eisenberger acknowledged in a news conference earlier this summer he discussed certain issues "off the record" with a local reporter. During the taped conversations which occurred in May 2007, Mr. Eisenberger believed after listening to it, 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 Mr. Rinaldo. It will be up to councillors how much of the report will be made public, he said.

Mr. Rinaldo said the decision for the document to be discussed in an in-camera meeting was Mr. Rust-D'Eye.

"It includes identifiable individuals," said Mr. Rinaldo. "It was (Mr. Rust-D'Eye's) decision. He made the call."

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

The Toronto lawyer is also expected to begin investigating Stoney Creek councillor Brad Clark's complaint on whether he violated council's code of conduct. Mr. Clark has acknowledged he released a transcript and taped conversation between Mr. Eisenberger and the reporter to a media outlet.

Mr. Rust-D'Eye will review Mr. Clark's application under the city's recently approved integrity commissioner bylaw. Council in July approved hiring Mr. Rust-D'Eye as an interim integrity commission to conduct the investigation.

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

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

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

"This is his call," he said.

The Eisenberger incident was not reviewed by an integrity commission because it took place prior to the creation of the position this year.

Some grumbling

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

Under the integrity commissioner bylaw, Mr. 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 is 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 councillor Stoney Creek councillor Dave Mitchell.

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