The Law is an Ass????

Few laws are introduced out of the blue.

Often they come into being to combat nefarious schemes to exploit advantage derived from a position of public trust. Many rules aggravate the problem or generate something worse. But they usually come about because some blackguard was up to no good in the first place.

A Code of Conduct is a classic example. The Bellamy Inquiry into shady events in the City of Toronto prompted the new legislation.

David Nitkin, Aurora's Integrity Commissioner, in his first workshop, referred to failure "in a neighbouring municipality". He noted expense was a major factor.

Councillors were originally allocated $5 thousand dollars to defend themselves. In his first report , the Integrity Commissioner noted the allowance wasn't being used. It was determined to be insufficient and subsequently increased four-fold.

Combined with Commissioner's fees for investigations costs mounted. Councillors with scores to settle complained against councillors.

Councillor Doug Holyday's office expenses were complained about. He didn't have any.

Nevertheless the complaint, deemed valid was investigated and Councillor Holyday was ordered to have expenses.

Often Commissioner recommendations were ignored. At an average cost of $40.thousand a pop nothing was accomplished. A Code is a double-edged sword.

The City of Toronto and the City of Vaughan spent time, resources and with citizen input composed their own Code. Little has been heard of them lately

The idea may have lost favour since George Rust D'Eye, expert in municipal law recommended the solution to Mayor Morris when they met at a municipal conference. in 2007.

Some time in the past, the Province mandated municipalities adopt a recruitment policy. The rule has not suffered the same fate as the Code. It's purpose is to combat the chance that plum municipal jobs might be handed out to friends, supporters or relatives of people in power.

Recruitment has never been a controversy in Aurora. Competitions have been held and appointments made in accordance with a policy even before the Province passed a law.

Aurora's politicians have tended to avoid any suggestion of tainted choice. Part may have been our small size. Not much happens that doesn't get out and about in fairly short order in a town our size.

A major factor is the importance of statutory offices.They are officers of law. They must be appointed by Bylaw. The authority cannot be delegated. Only Council can direct a Bylaw be prepared. Only Council can process a bylaw.Council cannot give orders to a statutory officer in a matter of law.

The weight of responsibility cannot be over-emphasised. Statutory officers and those who appoint them can be held legally accountable for failure to perform.

The Municipal Clerk, Treasurer, Chief Building Official, Planning Director, Fire Chief and Police Chief are all agents for ensuring Laws of Canada, the Province and the Municipality are upheld.

When people in Walkerton died from drinking contaminated water, an employee went to jail. He will carry the burden for the rest of his life. He was not qualified for the job entrusted to him. The elected officials who hired him were not prosecuted.

Legislation has since been introduced to change that..