"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 8 October 2011

Before Sudbury

On Thursday,before we left, I posted and ran out and jumped into the car to be in Sudbury for election night.

I didn't do much editing or tidying.The wheels still turned in my head all the way to the Riding of Nickel Belt to be with my grand-daughter.

It's odd how things come to-gether. Bits and pieces have been filed away for almost two years. The complete picture didn't take shape until I wrote it on Thursday and even then it wasn't complete.

The Culture Centre agreement is nothing more than it says; a contract to purchase Arts and Culture services. Council didn't actually see the agreement at first. Now it seems obvious why. It is an administrative process not a legal agreement to delegate authority.

When I did see the contract ,I thought it was an odd description for a legal agreement. Still it didn't register. I thought it was compliance with regulations governing authority to transfer public funds to an organisation with delegated authority.

It was a means to an end but not how I assumed it.

I accept recommendations from staff are straightforward, comply with the best interest of the municipality and are separate from politics.

I had little impact on decisions in the last term of council. Endurance was the mode and biding my time the practice.

Council created an ad hoc committee to recommend a management structure for Church Street School Heritage and Culture Centre. The town's former treasurer,recommended an arms-length-board to operate the facility without dependence on public funds and without political interference that would mitigate against the objective.

The Novida Study recommended a process to accomplish the goal. Seed money was to be start-up funds being reduced annually by $100Ks.

I asked after the presentation, what should I tell people about the new service they will receive upon paying increased taxes to support the program.

He offered no answer.I did not accept the plan.

Council representation on the Ad Hoc ccommittee were Gaertner and Granger. The newly hired Curator,acted as resource, quit during the process. I noticed that as one more exodus from town employment but suspected nothing.

The Mayor's friend Ken Whitehurst, served as paid replacement to the committee while still serving as a member.

A group of individuals were eventually introduced to Council as "the board". Two faces were familiar but of sufficient status to ensure confidence. One had been appointed as interim chair.When he addressed council, there was an element of anger in his tone. Also noted and filed away.

The facility opened. No museum. Weeks passed. Still no museum. I asked the obvious question. When?

The Mayor's eyes slid rapidly from side to side before she referred the question to the treasurer and indicated a report would be forthcoming.

I spoke to the new curator. She was having difficulty discerning rights for the museum in the agreement. She had been told by centre staff, there were none. A museum does not produce revenue. They said the centre's responsibility was to be financially self-sufficient.

Time passed no activity noted at the centre. Eventually,Town planning charettes,werescheduled. Town Management Team held conferences .I asked staff if staff were paying fees to use the facility. Received no definitive answer.

A Christmas party was held for town employees. Attendance recommended. They played musical chairs the Saturday before Christmas. Who paid or if a user fee was paid was not transparent.

The following August, a black tie event, to celebrate beforehand the jazz festival was held. No fee charged. Admission of $75.was charged to elite guests but no user fee. The event was deemed to be promotion of culture.

I am repeating, I know. That's a review. The St Kitts woman was reported a regular presence at the centre.Now we know the Morton Leonard woman was interim secretary.

Still no museum.

The Library Board held a reception to start library week. The Minister of Libraries chose Aurora to launch the celebration in Ontario. Regional Librarians were invited. We waited. No Minister..He appeared with the Mayor , thirty minutes late.

A funny thing had happened on the way to the library. He was hi-jacked and taken to Church Street School as guest of the Mayor and friends .

Time passed and it was difficult to ascertain if anything. was being paid for by anyone except the town treasurer.

The part year operation ended. No financial accounting presented to Council. Budget meetings revealed a year- end substantial surplus.The centre's budget hung on to that. A full year's allocation was budgeted for the second year. Apparently, the surplus belonged to the centre. Council was acquiescent.

We had an election. Payment of legal fees incurred by the former Mayor was the burning issue. More legal fees were incurred to obtain legal advice about whether legal fees should be paid by the town for legal services provided to the former Mayor.

The budget followed. Church Street School Centre funding increased according to the agreement.The centre budgeted for a deficit but that wasn't anything for council to worry our pretty pointy heads about. Not our business.

The town's budget was approved with no resolution to lack of accommodation for the town's museum.

In June,a notice of motion came forward, Before it could be presented, the mover was subject to a spate of criticism and abuse from centre board members. A special Sunday afternoon meeting had been called to deal with the crisis creaed by his notice of motion.

Wording was changed to assuage their concerns. Fullsome praise was accorded their endeavours. A review of the agreement was directed by council.

It took the shape of a performance audit by experts in the field.In August, the treasurer received the report.

In September, a recommendation from staff was received by council. The Chief Administrative Officer requests authority to meet with centre staff, advise them how to include key performance indicators in the quarterly report to the treasurer and discuss the possibility of adding council representation to the board.

They submit a quarterly report to the treasurer to obtain the next quarter's payment of funds. The report is not shared with council because a purchase of goods and services agreement is an administrative procedure.

Adding Council representation to the board is the antithesis to the business plan recommended by Novida consultants and approved by the last council.

The specialist consultant's audit of the agreement was attached to the staff report which recommended action purported to satisfy council's concern.

The Mayor came late to the meeting. I was speaking to the audit report. Several members had already expressed complete satisfaction with what they perceived as total compliance with "the agreement"

Councillor Gallo expressed particular satisfaction that centre staff would no longer be "smeared" with accusations.He offered no example to support his accusation of "smearing" which contravenes rules of order but escaped the attention of the presiding member.

No sooner was the Mayor seated than he raised a point of order against myself that the auditor's report was not under discussion. Staff's recommendation was the question. The Mayor's point was upheld. The auditor's report was not further discussed. It was under no circumstances, a commendation of the agreement between the town and centre management.

The point was made once again. The agreement is the problem. Not the board's adherence or lack thereoff.

Following approval of the staff recommendation, I moved the agreement be referred to the town solicitor for review and report.

The Mayor demurred. "I can't see the point" he said. "And I know how much work the solicitor has"

The solicitor agreed he would review and comment on the agreements risks and shortcomings and present in a month.The vote was taken with the Mayor in support.

I received an indication a councillor has been trying for months to discover responsiblility for the agreement. He never gets an answer.

"Well" I said, "that's because you are asking the responsible parties "

The previous motion directed the CAO to review the agreement. A consultant was retained and instructed to audit the centre's compliance with the agreement.

On the way to Sudbury the whole picture was suddenly revealed in all its detail.

The agreement is nothing more than its title says;a contract for a purchase of goods and services.

Committing the town to pay for something totally intangible for a period of four years with annual increases in payment.

Like buying a supply of coffee for the staff cafeteria. Or purchase of printing supplies. Or stationery. Or a paper shredding contract.Or a three year contract to supply crossing guards. Or animal contro; services.

The process kept the procedure under the wire.

Off the radar.

Out of the public eye.

Not accountable to Council.

Neither open nor transparent.

Nor like any other agreement the town has with an organisation using town facilities to provide a program under town auspices.

Not like the agreement with Theatre Aurora.

The Highland Soccer Club.

The Aurora Tennis Club,

The Aurora Bowling Club,

The Aurora Senior's Centre.

All of which agreements are open and transparent.

All made under the umbrella of the town's Leisure Services Department, undoubtedly vetted by the town's legal department.

But an agreement bearing similarities to $12Ks provided to the St Kitts woman to
"voluntarily" organise the July 1st Parade while being provided with $2,000 to hire herself an assistant.

A bit like the sponsorship introduced by the town's economic development office in 2010, and this year doubled, by demand, $4,000 cash to the St Kitts Jazz Festival as well as a thousand dollars waiver of user fees for the town park, bandshell, sound system, public washrooms, picnic tables to accommodate 6000, admission fee paying audience, fee paying vendors, revenue producing beer garden and food vendor and sponsorships from town businesses and a $25,000 Trillium grant for the purpose of contributing to arts and culture and the munificent sum of $6,000 contributed and divided between two charities.

5 comments:

Anonymous said...

If I understand you correctly the subject report is not required to be shared with Council because its being a purchase of goods and services is an administrative matter.

Are you saying that Council has no right or obligation to look into administrative matters? That these are the sole responsibility of staff? That councillors, individually, or as a council, are unable to question staff? As this might relate to policy or the expenditure of tax dollars?

Elected members are responsible to the public who voted them into office. Staff are responsible to Council, who can hire and fire for just cause, even the CAO, as we saw in the last term.

This whole issue seems to be which came first, the chicken or the egg, but there doesn't appear to be a chicken, so how did the egg materialize?

If I were Council, I would dismiss the entire Culture Centre Board, with-hold all funding, and establish an in-house policy (no consultants, possibly no staff) to create a combined Cultural and Historical entity along the lines of the Library with a Board that includes councillors. There appear to be enough interested parties that the accomplishment of this could be done promptly, in the best interests of the community, and without the acrimony that exists at present.

Anonymous said...

I should have mentioned that the CAO fired last term by the disgraced one was done so without just cause.

Anonymous said...

It's the same castof character that have become so
adept at making the Aurora taxpayers fund their
toys and entertainments while pocketing any
profits. Yet i doubt if there is a trace of guilt about
their behavior. Why do they feel that are entitled
to special treatment ? Boggles the mind.

Anonymous said...

When we worked to get Geoff Dawe elected, he had
a business background. Where did it go >

Anonymous said...

Evelyn, I don' think this is about culture, heritage,
the Museum, contracts, programming or any of the
other buzzwords they are using. They simply want
the bloody building. After that they can do what they
wish with it. Unfortunate for them that the Town owns
it, and you had better check to make sure we still do.