"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, 12 May 2012

Tim the Enchanter has left a new comment on your post "Nothing Has Changed":

Should we be obsessed with what happened last term?
No.
But this council should be taking steps to close the loopholes that allowed this expensive silliness to happen in the first place.
Otherwise we're just stuck hoping that it doesn't happen again.

1. A motion for the town solicitor to take legal action must be presented on it's own and not part of a vague 'chinese menu' of options.

"I didn't realize it meant a lawsuit"
Translation?
"I had no clue what I was voting for"

2. A decision to take legal action must be voted on by ALL and with a clear majority - at least two thirds - or more.

With such a rule in place the "congratulations - it's a baby lawsuit!" decision never could have happened simply because all were not present.

Kudos to Councillor Buck for not letting this issue get left by the wayside but more needs to be done on the 'prevention' side.

I do take issue however with the decision taken by councillors not to attend certain meetings. Perhaps a meeting isn't necessary. Perhaps the issue shouldn't be closed door and perhaps the meeting shouldn't be at midnight but if council is meeting then all should attend barring illness or emergency.

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You are of course entitled to take issue with a refusal to attend an in-camera meeting..

I will address the particular meeting where the "decision" was made to  authorize the solicitor  to decision to take  whatever  action  he considered necessary. to deal with the matter.

Councillor Collins Mrakas and myself did not attend. The meeting , in our judgment .contravened the  Municipal Act which spells out those matters that warrant being dealt with behind closed doors.

Thequestion of public criticism of an elected official  warrants neither a closed door meeting or a meeting of council.

It was not Town business.

Boycotting a meeting that has no validity in law is the only means available to a Councillor  to oppose.

.
In retrospect , our purpose would have been better served to have opposed the motion to go in camera. I am not een sure such a motion was placed on the table.

To attend such a meeting  is  to acquiesce  in it's validity.

I cannot speak for former Councillor Collins Mrakas , but  it was certainly a shock to discover Council had  apparently not been advised they had no role in the issue

One other point, if a Councillor does attend an in camera meeting , there is an obligation not to speak of  anything that  could  become an issue of solicitor/ client privilege.




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5 comments:

Tim the Enchanter said...

"Councillor Collins Mrakas and myself did not attend. The meeting , in our judgment .contravened the Municipal Act which spells out those matters that warrant being dealt with behind closed doors."

I see your point about public disclosure of in-camera meetings EB but as you say - the meeting may have contravened the Municipal Act and my point was that if you and ACM had attended at least we would have two more shall we say - "reliable" sources as to exactly what happened in the event that a higher authority decided to investigate the situation.

Anonymous said...

Tim the Enchanter
Maybe we might have had an additional reliable source or two. But maybe not. One who might have been considered in that category has been singularly silent and absent as a source.

Anonymous said...

It's a legal quagmire, but I think my loyalty would be to Aurora rather than to a professed claim of lawyer/client privilege by those who stood to benefit.

Anonymous said...

Sorry, but no. If you do not take a stand, you cede the field to those who do. The former Council have talked freely about their version of events.

Anonymous said...

Now where were we? Ah, yes, the Code of Conduct at the Farmers' Market. Perhaps we could have some reports from those who attended?