A Clash of Principles

I've been struggling with it for some time. On the one hand, municipal public servants have the same right to privacy as any other citizen. On the other we have experienced almost a complete turn over of senior staff under the Mor-Mac political regime.

The change happened in less than optimum circumstances. The community has a vital interest in the management of the corporation. Management is an important link in the day to day affairs of the community. They don't actually fix broken sewers or get down and dirty but their competence does have an impact on those who do.

In any major upheaval, people have a right to know things are proceeding as they should.. How would they learn in the normal course of events.?

There is only one conduit. Speaking for myself. it is me.

I have concerns.

Yesterday, at the town hall was an example:

I approached the reception desk on the second floor and was greeted with the usual cheerful welcoming smile of acknowledgement. I asked for Cindy Janzen.

Whether it is Cindy or Lucille , the Director, a message would ordinarily be relayed back . Whether they had to finish what they were doing or ... they would promptly appear. It's a courtesy to which I am accustomed.

The doors to the inner offices may or may not be locked. I've never tried them . As an elected member I observe the line between administrative and political. I do not have authority to invade their space any more than they can trespass in mine. I wait.

Contrary to her usual practice, Cindy did not appear.Neither did I receive the courtesy of a message.

Instead, after time, Mr. Cooper, our relatively new solicitor came from his office, and walked across the public area, past where I was seated, to the Mayor's office. Mr. Cooper is the Acting Chief Administrative Officer while Mr. Garbe is on vacation. He did not acknowledge my presence.

In at least seventy-five per cent of municipalities in Ontario, the town clerk heads the administration.It is not an optional position. Chief Administrative Officers on the other hand, are not that common

In our town, when the CAO is absent for any reason, the Director of Corporate Services formerly town clerk, and still with the same responsibilities, is the Acting C.A.O. The two would never be absent at the same time. For the past two weeks, they have been .

That's a change.Not an improvement.

Mr. Cooper walked past me. He had to to reach the Mayor's office. A steady stream of staff , going to and from and up and down from various offices passed through, Nary a one went by without a cheerful smile and polite acknowledgement of the Councillor in the waiting space. I wasn't hiding.

Cindy never did appear. Instead after a couple of consultations with the Mayor, Mr. Cooper presented himself. He first informed me cameras are not permitted in the town hall.

I allowed that to pass.

His next statement was that he, Christopher Cooper, is Acting Chief Administrative Officer in the absence of Mr. Garbe. I knew that. .

Ms Janzen ,he added has not been appointed Acting Director of Corporate Services therefore she does not have the authority to forward the decision of the Integrity Commissioner
to the parties entitled to receive it under the requirements of Provincial Statute and Town Legislation.

There is not a great deal to be gained from having an argument with an official in a public place. Possession is nine-tenths of the law, they say, whoever they are, and they had possession. My purpose was to gain possession of what is legally mine....Or not.... which in itself tells a story.

The facts are,town practice is for the deputy-clerk to be acting clerk when the clerk is not available. No other reason exists for the position of deputy to be sworn by bylaw. A clerk and deputy clerk must have certification which is acquired by successfully passing particular courses recognised by whatever body is responsible for accreditation.

Mr. Cooper ,once again, offered an opinion which is entirely unacceptable to me.

I would contend, the solicitor would be hard-pressed to validate his opinion with reference to town bylaws and past practice. Most municipalities do not have in house solicitors either. It is the Municipal clerk who is legally liable for upholding provincial statutes as well as municipal bylaws even in those municipalities which do. It is the meaning of "statutory officer".

Considering circumstances governed by what I regard as his erroneous opinion, the refusal to put forward the decision already made by the town's Integrity Commissioner, in the matter of a complaint prepared at great legal expense to the taxpayers against myself, the nature of which is the assertion that I have disrespected the professional competence of town directors, I do not believe I am obliged to maintain silence in this matter.

The Mayor's subsequent comment in the media broadcast, " it is intended the public should be made aware of the decision all at the same time" clearly indicates the decision has already been conveyed to the complainants. The decision as to when and to whom it will be forwarded, is not he Mayor's to make. Even a cursory glance at the satute and the bylaw makes that clear.

The statement made in the town hall, was clearly under the Mayor's orders with the solicitor's compliance. Acting as C.A.O. , has been withheld from the two Councillors who refused to sign and the Councillor who was the object of the complaint but made available to the complainants.

From my perspective, it is difficult to comprehend how any person, acting in a public capacity. can allow him or herself to be party to an arrangement which has neither the force of law, morality or ethics.

Confidence and trust are qualities which must be engendered and fostered.They may not be assumed.