Anonymous has left a new comment on your post "Uneasy Lies
The Head":
Realizing that this is all in the past, but if I was in a
situation that a lawyer asked me if I had retained legal council and did not,
the first thing that I would do would be to get legal council.
****************
Another comment that triggers a memory.
Residents in Hunter's Glen had come to Council with a complaint about a fence erected in contravention of a covenant.
A staff report was promised by a date . I e-mailed inquiring about the delay.
The decision was made.
The fence builder commenced litigation.
Councillor MacEachern forwarded my e-mail to Counsel for the litigants for their "interest".
It was used. Dismissed .Did not prove what was claimed.
The Councillor had had to be advised by staff of a serious deficiency in her action.
She was not pleased.
The foul language legend commenced at that time.
Then came the "Emergency" about information
leaked" which should have been reported out ten weeks previously.
It was a slow leak. .
Bear in mind, matters that need to be kept confidential, would otherwise be harmful to the municipality's interest if released.
A resident involved in the fence matter, informed me at the time that all major corporations and government indemnify representatives against legal action for decisions made in the course of duty.
In forty-five years of being involved , the question had never arisen.
I inquired at the in-camera meeting held to discuss "leaked" information, about a Councillor's right to legal counsel in the event of being sued.
Both Mr. Rust D'Eye, legal counsel retained by the Mayor and the clerk of the municipality denied all knowledge .
At that moment in time, public resources were being used to pay fees to Mr Rust D'Eye to advise how best to bring a wayward Councillor who believed it a duty to represent the best interest of the community, to heel.
A Code of Conduct, an Integrity Commissioner and penalties was the all-encompassing answer.
Mr/ Rust D'Eye has since served as Integrity Commissioner on occasion.
Mr. Rust D'Eye had formerly been a city solicitor. Amalgamation may have wiped out his position.
He made no secret of his irritation that an elected representative might have ideas different from his own.
Municipal lawyers are not accustomed to being challenged.
Most Councillors are "wee, cowrin', timorous, beasties" when it comes to exercising their own judgement.
Another precious coincidence shall be shared.
John Mascarin ,brought to the Council table to help the Mayor on the by-election issue, also to conduct an unheard -of tribunal against staff behind closed doors, and in addition to "investigate" myself and process the Code of Conduct complaint,dismissed as "wholly political ", was also once a municipal solicitor with the Town of Markham. Aurora's clerk had been employed there at the same time.
Mascarin also edited a copy of the Municipal Act.
His advice had also been challenged by myself on a few key occasions.
He confided to a Councillor how much "he hated that woman" .
The Mayor was in England at the time , to ensure the Deputy-Mayor would be responsible for processing the "wholly political" complaint against me.
Didn't turn out quite as planned .
Tuesday, 19 February 2013
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3 comments:
No wonder Phyllis' Web-site claims that she love this town. Aurora paid for her vendetta SLAPP lawsuit and is now apparently paying while she uses lawyers so as not to return the town's original money which was miss-spent as the Defamation case was thrown out. Has the world gone nuts! Don't these insurance people talk to each other?
Was it ' suggested ' that any other Councillor might have need of a lawyer or were you the sole target at that meeting?
There is nothing quite like a vaguely worded council motion and a blank cheque from the town to be used to sue anyone that challenges you as a an elected official, in order to garner warm feelings all around !
I really do hope that the public doesn’t get mislead by the fog machine that will no doubt be ramped up before the next election. Voter beware.
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