Introducing Mr. George Rust D'Eye

The Mayor met the gentleman at the Ontario Municipal Association Conference in Ottawa in the summer of 2007.

Representatives of various legal, planning and other consultants are much in evidence at conferences. They sponsor various events and introduce themselves to Councillors from out of town.

The Mayor returned home in 2007 with news . Mr.Rust D'Eye had advised of recent legislation allowing municipalities to adopt a Code of Conduct. It was superior to a Code of Ethics in that it provided for penalties.

The prospect of meting out punishment clearly had appeal. "Bring it on" said Councillor Wilson. Staff were directed to prepare a Code of Conduct. How about that?

I had noticed a difference in relationship between appointed and elected officials since my return to Council in 2003. Many decisions were made without council consultation.Language of the Procedure Bylaw nuanced the subservience of Councillors.

It did not and does not sit well. Being the only Councillor who recognised the denigration in Council's role,opportunity to reverse the trend with either the last or current council seemed unlikely.

In discussion of the Code, I repeatedly referred to the complaint process. I warned it was a double-edged sword. It could not be one-sided.

Came the Big Emergency; the news story in The Auroran about the decision to refuse to sell land we had for sale, at the appraised value, to York Regional Police to establish the Regional Police Headquarters in Aurora.

The police have a presence in every urban municipality in the Region except Aurora.

What a story. We must have been the laughing stock of the region. Every person with a scintilla of sense knows the colossal advantage of Regional Headquarters of anything in your municipality. Hundreds of the best paid jobs in the Region are represented.

It's worth millions annually to the local economy.

We tossed it.

It's a habit we have.

We spend money as though it's printed in the town hall basement. And we cast aside opportunities to improve things for our business partners and ultimately our own economy.

The Mayor put on a great show of outrage when the story broke. In a voice trembling with indignation she announced Mr. Rust D'Eye's presence at the Council meeting to deal with the crisis.

I was only surprised the story took so long to get out. I had previously asked CAO John Rogers when the decision would be reported out. He said, while legislation required Council to report out decisions made behind closed doors, there is no time limit for that to happen.

Thirty one months later, it still hasn't. Now we know the significance of the legislation. If a Council doesn't intend what the law intends, they don't have to conform.

Of course, there's always the likelihood the story will out. Then ordinarily, secrecy has to be explained as well. But not if attention can be diverted.

I know I'm harping on this issue. It's because I still can't believe we did it.

As noted, on the night of "The Crisis" Mr. Rust D'Eye was present in the Council Chamber. Summoned by the Mayor. Council was in progress. The Mayor called a recess to go into closed session. She announced Mr. Rust D'Eye' had been retained to advise.

I asked if the Mayor intended to state the purpose of the closed meeting.

"Ah No, Councillor Buck" she responded knowingly "You will not draw me into that"

Councillors rose and proceeded to the back room. Then the Mayor was at my side with Mr. Rust D'Eye. He was introduced. I said we had already met. He made a presentation at the off-site orientation of the previous Council on the subject of Conflict of Interest.

(Councillors Morris,Keane and Gaertner did not attend on principle)

I was still seated. Between the two, they seemed to want to steer me out of the Chamber.

The Mayor explained Mr. Rust D'Eye wanted to have a few words .

"Fine" I said "Grab a seat, Mr. Rust D'Eye. We'll do it here"

He tucked the brief under his arm, placed his briefcase on the floor between his feet and sat down. A little awkwardly I thought, in a chair facing me and the audience.

The Chamber was busy that evening. Staff were in their places, as were TV cameras and operators. The late Dick Illingworth was there and some citizens.

Mr Rust D'Eye asked had I retained legal counsel.

"Why would I do that" I asked in surprise.

"Oh, I'm not suggesting it" he hastened to assure me.

From there the conversation moved in a circuitous route. There was reference to current Conflict of Interest legislation. How much more serious penalties are now than they were.

Finally, an intimation I should not attend the in-camera meeting, in the event there might be litigation. I might hear something which would be to my advantage that might place me in a Conflict of Interest .

I said I could not imagine a circumstance where I might be involved in litigation with the Town.

Ten or fifteen minutes had passed. People were waiting. Council was in a back room waiting.The purpose of the conversation was finally apparent.

"I am a member of Council"I declared emphatically. "I am entitled to attend any meeting of Council. And that's exactly what I intend to do"

Whereupon I rose and climbed the stairs, leaving Solicitor George Rust D'Eye to bring up the rear.