"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

Tuesday 21 February 2012

So Many Questions..So Few Answers

Anonymous has left a new comment on your post "Reason Is Safer":

Sorry if this is a dumb question.
How can Windy and Gallo vote on releasing the information from the closed meeting when they attended it?
How are we to know if they might have a pecuniary interest in the Morris finances? So far, Morris has not been required to submit her accounts because she has been ordered to pay the accounts of others. But her own numbers could well be under scrutiny in the future.
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Conflict of Interest legislation places  responsibility for determining and declaring a conflict on the councillor.who has it.

That's why  I found it odd for two  lawyers retained by Morris to suggest  I had  a conflict of interest  by attending  closed door meetings of  council.

To this day I do not understand why they took that authority upon themselves. They are both declared experts in municipal law.

When the September 14th Meeting happened, Councillor Collins Mrakas and myself  were firmly of the opinion, there was  no legal justification for the meeting.

The town's solicitor had, on more than one occasion, informed Council  there is no indemnification for a member who decides to litigate against another party.

Speaking  for myself, I assumed the advice would not change. The meeting would not proceed. But it did.

Councillor Mc Roberts made a public declaration the action taken was not in accordance with his understanding of the Municipal Act.
He declared himself opposed in the public section of the meeting

That left MacEachern,Granger,Gallo,Wilson Gaertner and Morris
 in support of the motion to proceed. Which they did in open council.I think it was one of those times they made a decision the day after  the meeting was held.

I believe Morris made a  point of leaving the Chamber one minute prior to the public vote to endorse the decision made in camera

That's another little detail which has always intrigued me.

The format of a meeting calls for a beginning and an end. Adjournment hour is stated in the procedure bylaw. Dates times and agenda must be publicly  declared.

Adjournmemt can be extended by a vote of two thirds of council.

How was that handled? 

How could a critical comment, circulated at a Council meeting. as a reason to go behind closed doors.that same night, be in accordance with the procedure bylaw. that requires forty-eight hours notice of a meeting to be held and an agenda declared?

How could such a meeting, called without notice or publication of an agenda, run over to the day after and be in conformity of   requirements of the procedure bylaw?

There are more than  enough questions to be answered. If it ever gets to court, no doubt  answers will be provided.

Council has  authorized legal counsel  be provided for the two town officials who were present at the meeting.

Town  costs are not finished yet.

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