"Cowardice asks the question...is it safe? Expediency asks the question...is it politic? Vanity asks the question...is it popular? But conscience asks the question...is it right? And there comes a time when one must take a position that is neither safe, nor politic, nor popular but one must take it because it is right." ~Dr. Martin Luther King

Saturday 20 June 2009

The Smoke Clears

The behind-the-scenes meeting with lawyer John Mascarin was held on Tuesday, June 16th. Councillor MacRoberts was in the chair. Mayor Morris was absent.Except for a recording secretary, no staff were present.

Citizens may recall when George Rust D'Eye was retained by the Mayor in 2007, he spent considerable time in the chamber, explaining to me why I might be in a conflict of interest if I attended the "Emergency" meeting called by the Mayor
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First he asked, had I retained legal counsel?

"Why would I do that?" I responded. He said he was not suggesting it.

Then he inferred, if litigation were to result from the legal consultation between himself, and Council, I might hear something to my advantage and that would represent a Conflict of Interest for which the penalties are very severe.

Finally I understood my presence was not welcome at the meeting . So I went.

The pretext for the "Emergency" was Breach of Confidentiality.

A news story had appeared in The Auroran that the town had refused to sell land to York Region for a new Regional Police Headquarters. It was assumed there had been a leak by a councillor from an in-camera meeting where council did indeed refuse to sell land we had for sale for that purpose.

A meeting with the Chief of Police and Regional Chairman had been held on September 12th. The decision not to sell the land for a new police headquarters was the following week. The CAO was directed not to have further communication with the Region on the issue..

The "news" did not appear until November. If it was a leak, it was slow .

I suspect in political circles, such an utterly unbelievable decision was too juicy not to be shared. The hoots of derision would undoubtedly have been broadcast far and wide..

The decision was never reported out in Council. So, it was never acknowledged.

Eventually ,Mr. Rust D'Eye submitted a report. Strangely, no inquiry appeared to have been made about the leak. But a Code of Conduct was proffered as a solution to the problem of information being leaked by a rogue Councillor, to be adopted by Bylaw with an Integrity Commissioner to be retained.

The advice was not well received. Apparently, there had been a different expectation.. It transpired from resultant discussion , yet another comment of mine had been the true source of outrage. It never however appeared on any agenda or record.

Almost concurrently with the decision not to sell land for police headquarters , the town had expended a million dollars on constructing Knowles Crescent, a street of fifty-nine homes.Before the pavement was laid, some residents became convinced driveway grades were extreme and had to be changed. Councillor MacEachern took charge of the situation from Acting Public Works Director David Atkins. A spokesperson for the residents asked during a presentation to Council .for the Councillor to be a" Go-to person" in preference to Mr. Atkins.

Eventually five or six Knowles Crescent residents received cheques from the town totalling around $60 thousand in time for Christmas, one for $10k, to pay to restore their driveways to the style they were accustomed.

I publicly deplored the handling of the entire situation and wrote that had I voted in favour,I would consider myself in breach of my Oath of Office.

I am in the habit of using incisive language to express conviction. A practice I believe to be concurrent with the moral and political imperatives of the function of a politician. Much to the chagrin of half a dozen of my colleagues.

I do not occupy a council seat as an adornment in the Council Chamber.

Although I do occasionally add a hint of pink to my silver hair. I like it.

Apparently my latest words to grievously offend, were taken to insinuate wrong- doing against colleagues. The 'Emergency" was forthwith declared and the mayor retained George Rust D"Eye ostensibly to investigate the leak from a closed meeting.

I believe its purpose was to settle another political score.

Fast forward; legal counsel again retained to define "the process was tainted" a phrase I used in a different context.

It involved a second decision, this time reported out, not to sell the same parcel of land. Councillor Gaertner volunteered information for the decision which was not included in the report. I noted the Councillor's reason and mine were not the same. The mayor insisted I explain. So I did.

There had been friction between Councillor Mac Eachern and Chief Administrative Officer, John Rogers. The Councillor requested a package compiled for potential buyers by the real estate firm retained by the town to sell the land.

The Councillor was asked to sign a confidentiality agreement on receipt of the package. It was the property of the real estate corporation and they made the request.

In the beginning,Councillor MacEachern's was the lone request.

Then Councillors Wilson, Granger and Gaertner decided they needed to see the material as well. Councillor Gaertner declared she would not sign the confidentiality agreement arguing her Oath of Office was sufficient to guarantee her integrity.

Asked to explain the requirement for a signature , Mr. Rogers responded he was trying to protect the "integrity of the process".

When the offers of purchase were presented to Council , Councillor Mac Eachern discovered she had a Conflict of Interest . She declared the same and took no further part in the process.

When the Mayor insisted I explain the phrase "The process was tainted" I did . Screeches of outrage were heard throughout the land.

Once again, a lawyer was hired. "The municipality has been placed at risk of being sued" the Mayor declared with ferocious glares in my direction

Once again, advice sought and received and paid for failed to support the contention. Though the threat continues to be bandied about from time to time.

Public resources were again used to tackle yet another political score.

The drama continues to unfold:

Stay tuned.

2 comments:

Anonymous said...

Evelyn, why is the Town spending our tax dollars on lawyers when the Town has a legal department?

Anonymous said...

Evelyn do you think the new Public Works Director is an improvement?