"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

Friday 24 February 2012

All There Is To Know

Anonymous has left a new comment on your post "The Conversation Is Over":

Good call. I have a question about the blasted Municipal Act for anyone who knows that answer and won't charge for it. A hypothetical 'if' a Judge finds Morris breached the Act, what are the consequences? To date, I have learned she can be banned from elected office for 7 years [ which is already written ] and can be ordered to return the money from the Town. But what I'm interested in is if there is any sort of fine for doing this sort of thing when you have the experience to have known it was wrong. Can't find anything but am likely not looking in the right place.

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I  think you have identified all the penalties.

Conflict most likely is to vote for something like a re-zoning that results in  property owned by the councillor to realise value it would not otherwise have.

There is no prohibition against a property owned by a councillor realisng a value through a re-zoning. The conflict arises out of the  councillor using his  position of trust to influence the vote on re-zoning. to his own financial benefit.

When  such a decision is being made, a Councillor with a conflict must not only declare the  conflict and a brief description,  he/she must leave the room where  debate and decision takes place.

The penalty on conviction is being banned from holding public office for seven years and returning ill-gotten gains to the municipality.

It's  rare  indeed for a Mayor to take a council  behind closed doors in the town hall, engage town staff  in a discussion and a decision to use public funds  and other resources to pursue an action which is  personal and not the business of the corporation.

Particularly where a town solicitor, whose prime  responsibility is as  officer of the court, is present.

Jamie Young had Mayor Grossi of Georgina on  his cable  program "Perspectives"  last week. The Mayor was invited to explain why he recently took the action  of  notifying a constituent of intent to file suit for defamation .

The Chief Magistrate  noted  his role as Chief Executive Officer   and proclaimed himself to be  "the face" of the municipality which obligated him to defend the corporation.

Without the proverbial unblinking gaze,  the Mayor claimed repeatedly  the defendant  had "lied"

He did not clearly articulate either the lie or the truth of the matter 

He exhibited  no  hesitation  in  defaming the character of his critic by publicly  accusing him of lying.

Throughout the interview, no reference was made to Canadian  law that prohibits  government  from suing   constituents.It 's another protection we have that others do not.

Mr Young, host of the show, is former Mayor of East Gwillimbury.

It may be ,neither host nor guest have been paying much attention to  recent news outside their  respective  balliewicks .

Either that or both  were betting  constituents in Georgina and  East Gwillimbury are equally inward- looking.

I think that might be a bet they would lose.

3 comments:

Anonymous said...

There are more penalties involved. Morris has to pay her lawyer/s and the town is paying to represent staff. Then the cost of bringing the matter to court can be claimed by the taxpayer doing it. That has already likely added up to some serious money due to delays along the way. Too bad we can't charge interest for the use of town money for what will probably be two years.

Anonymous said...

In both cases, with Morris and Grossi, public sentiment and belief were given to those accused of lying and defamation. You don't hear anything negative about john McLean who is a blunt character but regarded as honest to a fault. Gotta pick your targets more carefully.

Anonymous said...

But Morris can't walk away from the Municipal Act matter as she did with her Defamation suit. She has out-sourced her lawyers to Kitchener/Waterloo. Doubt if they cost much less.