Friday, 7 December 2012

Pish Tosh And Poppycock

Anonymous comment:
A commentator on the radio today quoted Rob Ford as having said that he has never read the conflict of interest rules. I find this astonishing. He had been a councillor for 12 years before being elected mayor 2 years ago. To be so unversed with key parts, especially this one, of the Municpal Act is unacceptable. His ignorance has the potential to cost tax payers a lot of money if a by-election is called. In my opinion, a by-election is the only truely democratic solution to selecting a mayor if he loses his appeal. However, this situation should not have happened in the first place if the man had done his due diligence and duty as an elected official. In my profession, I have to prove that I remain current with the legislation that governs my practice and maintain core competencies. I would think that, at the very least, mayors, councillors and all other politicians should be able to demonstrate that they have a basic understanding of the legislation that governs their position and on.
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Sound and fury echoes on every sides about Rob Ford's failure to  read the Conflict of Interest Act.
It reminds me of the town's Code of Conduct.and  discussion surrounding  the need to understand how a Code is intended  to improve ethical standards.
Workshops were recommended. But  the idea was contemptuously dismissed by a Councillor. Nothing needed to be learned..
I think if a person doesn't understand right from wrong,  no act, regulation or Code of Conduct  will instill that  instinct..
Directions written out in legalese by some wet behind the ears, pinhead, articling for a law degree in a cubicle  at Queen's Park,  having never been elected or served in political office,  for  judgement and integrity to be practiced in government will not accomplish that intended.  .
A person who needs to carry around a pocket- sized edition of a Code of Ethics  to determine when  they stand to gain a financial advantage by voting in favour of a zoning that will increase the value of their property, is not the one to elect to public office. 
The one willing to sell his vote, who needs a law to tell him  the practice is  unwise , is  also  not  worthy of being  elected to a position of trust.
I think a Councillor or Mayor,who  bellies up to the bar and  buys booze on the municipality's tab , has neither wit nor wisdom, let alone judgement and integrity and writing out a specfic policy will not avail.  
If such  person gets elected ,  no acts,codes,regulations, policies, catechisms or bible instruction that late in the day, will divert him from the evil of his ways.
Rob Ford's failure  to read the Conflict of Interest Act protested  by legions of unctuous lawyers, professors,  loud pedlars of  virtue , journalists and editors, besotted by their own  importance and superiority. all standing to gain from  breaches of one kind or another are hollow echoes of upright behaviour.
The character of someone intent upon exploiting opportunity wherever it  presents itself.when they think nobody is watching does not change by being compelled to read and understand an act.
How does one compel a person "to read and  understand"?
Aurora dignitaries, expressed  confidence   they did not  need to learn the purpose of a Code of Conduct. They knew what they'd written and why. They never had any doubt about their purpose.
Even  remotely, ethics were not involved. Nor was there a pretext.
Two lawyers retained  advised on separate occasions, I would have a conflict of interest if I attended  closed doors  meetings of  the Council of which I was a member.
The plan was the political demise of a duly elected  person who dared to indulge the  right to exercise personal judgement. 
One lawyer was indignant the Councillor believed she could follow her own sense of good conduct. 
Oh Calamity!   
The conflict  was that they were advising how to deal with me  while I was there to hear.  
They recognised, it was not advisable.
They advised I should oblige and butt out. 
It never occurred if they weren't doing what they shouldn't ,no conflict would occur.
The Law Society exercises professional  discipline. A license to practice law can be withdrawn.
But a  solicitor may engage in questionable practice if he does it under instructions from client, whom he has advised.
That puts him beyond the range of society discipline. 
Where  it becomes a civil matter.          

8 comments:

  1. Sometimes it gets lost in the fray but Aurora did have an opportunity to hold a by-election after one councillor was literally hounded from office. Instead the Gang over-rode the desire of the town & appointed one of their own, another yes-man. We must not forget either the bullying or the avoidance of an election.

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  2. We still had 2 elected who refused to attend any council orientation meetings. And another who rejected staying away from home due to what he claimed were the great costs involved. The latter seems to have overcome his reluctance to spend town money.

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  3. Ignorance is no defence.

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  4. 4:22 PM
    It is a defense, the one they are using. We didn't know, understand, do that, yaddah, yaddah......

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  5. More handbag carriers, 12:19 PM

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  6. Your posts are getting so long that one of only a couple of days ago has been archived, the one where you talk about spending money on systems and gadgets that are supposed to make staff more efficient and our records more current.

    It is therefore ironic that the headline in today's Globe and Mail reads "Ottawa scraps plan for F-35 jet" - a boondoggle if there ever was one. We have gone from an original $9 billion price tag to now over $40 billion over the life of this craft, not knowing exactly how many will have to be bought as spare parts. There is even disagreement on this point. So we get a new bunch to assess and evaluate the options, and no doubt, in due course a 1,500 page report will be issued, understandable by virtually no one.

    Harper probably doesn't care as by the time a contract might be available for signature he could be in a retirement home.

    I thought I would check on our navy, and more specifically the four floundering submarines that we purchased from Britain while still in the last millennium. The cost was a paltry - hang on - just under $1 billion. Since then almost $2 billion has been spent making them sea-worthy, especially after a fatal fire on board one of them. All told they have been operational for 1,000 hours - the four combined, out of a potential 14,000 hours.

    Their intended deployment is one for each of the east and west coasts, one a swing vessel, and the other "in the shop."

    This is not funny, not in the least. $42 billion on a per capita basis using a population figure 0f 33,000,000 comes to over $1,200. And we do not know what cost over-runs or accidents will occur that will make this figure even higher. So I can't estimate over how many years this $1,200 should be amortized.

    Aurora's budgetary process should look at amortization of everything, including councillors and staff. If this was a nuclear environment we would be talking about the "half-life."

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  7. I had no idea that Aird Berlis was running a sub-office in Aurora for years. Those lawyers must have laughed all the way to the bank. But I can see them exchanging high-5's in the parking lot every time the vigilante crew targeted someone new.

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