I asked Bob Panizza, clerk before  last  and  before current clerk,  more than once, whose  responsibility is it to decide, when a closed door issue is entitled to confidentiality. He would look at me with his Cigar Store Indian expression and answer;
"That's a good question, Evelyn"
I am familiar with that non-answer.
He wouldn't hesitate however to interject, if  council discussion behind closed doors strayed from the issue stated on the agendas  as the purpose of the meeting.
At the beginning of this term, Bob had only two years left to serve before he could retire with a full pension.
I figured he had a calendar in his desk drawer which he marked off every night before  he left the office.
We are on our second clerk since he left.
I had to decide for myself which items required confidentiality in order to protect the town's interest or  privacy of an individual.
George Rust D'Eye when he reported to Council after he was retained  to "investigate  a leak"
from a  closed meeting didn't think I had that authority. He didn't investigate a leak either.
Mr. Rust D'Eye was a solicitor  in  Toronto's  legal department for  years. He was very confident of his own authority.
So, from  time to time I have had  to gird myself for a  potential battle of principle.
To-day is one of those times; last night the Mayor invited a lawyer who is not retained by council. into our closed door meeting. He sat alongside a lawyer who is.
His opinion was sought.
From my perspective it was neither welcome nor accepted.
It was clearly intended to influence proceedings. I believe it did.
A resolution passed later in the open meeting, with intent not stated, was to my mind an opportunity for something to be done with "confidentiality" to which it was not entitled.
The solicitor, Mr. Rod Northey has  recently been retained by the opposing residents of the Westhill Development application. He has repeatedly sought approval for a Joint Board Hearing
Each time he has failed.
These facts are a matter of public record.
The residents have decided they will go no further and  pay no more.
There is no secret about that.
In a previous "confidential" memo, Council were advised  of means  whereby the town could
compensate  opposing residents for  costs of their legal battle. Or take over the fight complete with services of the lawyer and his team of  experts.
I objected to that being discussed behind closed doors.
The idea was not pursued.
Apparently it  has not been  abandoned either.
Wednesday, 3 March 2010
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