A Bird's Eye View

Distance provides perspective and clarity.

Municipal law specifies public business shall be conducted in public. With a few notable exceptions.

Individual privacy is one

Real estate negotiations and litigation are others.

The Charter of Rights and Freedoms articulates the right of privacy.

The Municipal Act requires openness and transparency in the public's business.

Litigation and negotiations are essentially corporate business which need to be protected and held in trust.Ergo the need for confidentiality.

On November 13th 2007, when the Mayor undertook to retain and instruct Mr.George Rust D'Eye, solicitor-at-law, the pretext had to do with neither privacy, litigation nor negotiations of any kind.

It had ostensibly to do with a completed decision made behind closed doors two months previously which should have been disclosed, was not, was eventually, but not by the body
responsible for doing so.

There was therefore no justification under the Municipal Act for retaining the services of Mr. Rust D'Eye. No justification for the closed door meeting. No requirement for a legal opinion on actions or non-actions of an unnamed member of council.

Consequent recommendations to appoint an executive committee of select council members and adopt a Code Of Conduct and appoint a Commissioner of Integrity, were without validity within the context of aforementioned circumstances.

When legal counsel is retained and instructed by a client, the client's instructions are followed.

More than once, during this term, the Mayor has personally retained, instructed and privately consulted with counsel to achieve political objectives at the expense of the public purse.

Obtaining council approval was always after the fact.