"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 18 February 2012

"A Riddle Wrapped in a Mystery Inside An Enigma"

Anonymous has left a new comment on your post "No New Legal Action":

Now we might finally have an opportunity to learn if any of those attending that closed meeting have 'misremembered' what was said and done by whom. I wish I knew how to set up one of those English betting pools so that we could have a chance of making some money instead of always having to pay it out.
*******************
This is  interesting.

Alison  Collins Mrakas and myself did not attend that meeting. We contended Council had no  authority or business discussing the matter, let alone make a decision behind closed doors.

We were as stunned as the rest of the community when they did exactly that and directed staff to pursue a course of action. 

If we follow the rationale to its logical conclusion, and I  would, they had no right to use town facilities or staff resources to do what they did.

All of those actions are prohibited in their much vaunted Code Of Conduct.

They gave direction to staff to " take whatever steps are necessary"  which eventually cost the town $63,500...or thereabouts. 

Bob McRoberts did attend the meeting  When it was reported out, he read a speech to indicate complete opposition  on the basis it was not his understanding of the Municipal Act or the advice given.

When the news came out thatthree residents had been served with notice of legal action on the eve of Thanksgiving, Councillors Gallo and Granger  professed to be  unaware their decision  would lead to litigation.

On Tuesday evening at the Council meeting, I took the position, the decision  made in camera should be reported out in full. The majority of Council agreed and it was.

In the open  meeting, the vote was to authorise  two staff members present at the fateful meeting, if called as witnesses, to  answer whatever questions  asked without penalty for breach of confidentiality by disclosing what took place at an in-camera meeting.

Two re-elected  Councillors , present at the  aforesaid meeting, who have heretofore denied knowing the decision they made would  lead to litigation against three families, with all the stress that was bound to cause, voted against the motion to release  town officials to answer whatever question might  be asked.

Councillor Gaertner, boycotted the meeting. She stated it was "very serious" and stayed behind in the council chamber.

The former Mayor, charged by a citizen , with Conflict of Interest, over participating in a decision to  provide funding for a private lawsuit intended to her financial advantage, was present at Tuesday's meeting.

The two engaged in conversation during  Council's absence. 

When the vote was called,  Councillor Gaertner called for it to be recorded. 

 Gaertner, Gallo and Ballard  had their vote recorded in opposition..

Why would they do that?

What was their intent?

No reason was offered.

 They are not  charged with Conflict of Interest,despite they allowed it to happen. Or Breach of the Code of Conduct.

 A citizen has undertaken, at his own expense, to take the question to a court to be decided.

 Why would  three sitting members of Council take it upon themselves to obstruct that process?

The question I posed to Council was;  Why would we not make our decision public and assure the community of our decision to clear the way for the process?  Council agreed we should.

Yet three members  voted no and offered no reason for doing so.

The three frequently vote in unison, usually on issues that are shades of the past.

It appears the last election carried  no message for those who escaped.

10 comments:

Anonymous said...

If you sit very very still and silent, you might hear a strange
'chitter" , " chitter" sound.
I have been told by those who purport to know these things that that is the noise made by claws on the gang plank as the rodent residents head down to the dry docks below.

Anonymous said...

"It appears the last election carried no message for those who escaped".

Rest assured my good Councillor the next election most definitly will remind them . They have no idea of how enraged this community was and quite frankly , still is, over this whole charrade and the wake of damages remaining to be cleaned up!!

Anonymous said...

There are so many questions that we may never know the answers to.

Why are the three amigos afraid of the truth ? Were Gallo and Gaertner not quoted as saying that they were unaware that the vague council motion that they passed would lead to litigation and did they not publicly disagree with the launching of Morris’ private lawsuit ? I’m a bit confused here because I think that Gallo also voted twice to support Morris’ tax payer funding therefore he appears to be sucking and blowing on this issue. Maybe he should clarify his stance for all of us.

If these people do in fact respect due process and the rules of procedure and if they and their fearless leader did nothing wrong then they should have no reason to obstruct the truth from coming out unless of course they are somehow complicit.

The Code of Conduct clearly states that public office can’t be used for personal gain and yet Morris appears to have used tax dollars to fund her private lawsuit for her sole potential gain. Is that acceptable in the minds of Ballard, Gallo and Gaertner ? It appears by their actions that they in fact support the use of town resources to fund a private lawsuit despite the following case law:


Halton Hills v. Kerouac, [2006] O.J. No. 1473 (S.C.J.)

Quote:

““It is in the very nature of a democratic government itself that precludes government from responding to criticism by means of defamation actions. . . Governments are accountable to the people through the ballot box, and to judges or juries in courts of law. When a government is criticized, its recourse is in the public domain, not the court. . . . Litigation is a form of force, and the government must not silence its critics by force.”


While the implications of the above quote are very clear, as are the Code of Conduct and the town's rules of procedure, the former Mayor and her past and present supporters on council seem to have no issue with the full force of the town's resources being brought to bear in a private lawsuit despite the many issues of concern that seem to be popping up.

So many questions, so little time and so few answers. All of this brought to you by people who appear to think that they set the gold standard for democracy.

Anonymous said...

Somehow it would be less of an insult to the taxpayers and voters of Aurora if Councillors Ballard, Gaertner and Gallo provided their disservices on council "pro bono" - rather than each of them receiving their 30 pieces of tarnished silver.

Anonymous said...

"as the rodent residents head down to the dry docks below".

Is that "Dry Docks below " or Rocks , I think the later is more in keeping with where they are headed

Anonymous said...

Let's hope the 3 of them plus the ones who got turfed have trouble sleeping now. We have suffered sleepless night because of them.

Anonymous said...

As an addendum to Anonymous at 1:40 PM, the three delinquents should have to pay an hourly rate for the privilege of parking their cars while attending at Town Hall as well as some form of rental for the physical space they occupy when there.

Anonymous said...

The remaining sheep plus one ,remain true to their dethroned and publicly humiliated idle, mindless of their personal peril, sort of reminds one of the battle field commander who, through repetitive brain washing by the almightily power, sends his troops in to be slaughtered for the cause, as twisted as it might be.

Anonymous said...

1:25 PM
I don't think the lawyers can ask if the 2 sitting Councillors are afraid of the truth. The people being examined would/could not know that. Are there any specific questions that you want answered about the closed meeting?

Anonymous said...

since when does a councillor have to explain which way they voted. I was under the impression that a yea or nay is all that is required.