"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

Thursday 29 October 2009

Secret & Confidential

I wrote this last Sunday afternoon.

I have spent the last hour re-reading' several times, an item on the Closed Session agenda for Tuesday evening. It's a memorandum recounting various applications and decisions made in the matter of the Westhill Development project.

There are seven pages. Each one is stamped “Confidential” and “ Privileged and Confidential Legal Advice.” There are three attachments and four maps with Application File Numbers.

Applications are not private . Once filed, they are in the public record.

There are dates of O.M.B. Pre-Conference Hearings. The O.M.B. does not hold hearings in secret. Decisions are public documents.

There were two Committee of Adjustment applications, hearings and refusals. All public.

There was a Divisional Court proceeding. The Courts are public. I've sat in on trials. Anybody can. Decisions are in the public record.

Official Plan Amendments and Zoning Amendments were made in 1999. They evolved into Appeals to the Ontario Municipal Board because of failure by the Municipality to make a decision.

After the March 4th Public Planning Meeting, a request was made to the O.M.B. by four neighbours , for a Consolidated Board hearing. The Town supported that petition.

It was refused. Twice . Both were public decisions.

The first was appealed to Divisional Court who referred back to the O.M.B. It was refused again.

Since March 4th, none of this activity has been publicly reported to Council though a couple of updates have been presented in closed session.

Tuesday's closed session item is to receive further privileged and confidential advice in the form of three options for continuance.

At this moment, I do not agree this discussion should be in closed session.

Why the public should be shut out of the decision-making process.

Or how that it can be seen to be in the public interest?

No comments: