"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

Tuesday 29 May 2012

A Tangled Web Was Woven

Anonymous has left a new comment on your post "Contretemps":

Is that a question we can answer definitively, Evelyn? I mean, could you just ask our CAO who wrote the agreement? Even if it is not just one author, that's ok. He should be able to identify who participated in the actual writing of it. That shouldn't be a state secret, should it?
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No indeed it should not be a state secret.
On the other hand.. the question was asked in a public meeting by Councillor John Abel; 
"Who was involved in constructing  this agreement".
The solicitor's answer ; "I have not been able to discover that"
The exchange took place after the solicitor presented his review of the contract.
At  the time I thought the solicitor was being discreet.
Reader's may recall when I moved the solicitor review the agreement, the Mayor demurred on the basis of the solicitor's work load. 
I have since learned the former Mayor spent many hours after the election, shredding documents in her office. 
Concern was expressed but it was not prevented. 
It is logical to assume on the basis of the information,town files may be missing or incomplete.
Going back slightly further to  my request to an erstwhile solicitor for a record of  all  invoices for legal services incurred  by the former Mayor:
Initially I was I would receive the material. . I was asked if I minded the solicitor having a word with the CAO.
I said I didn't care who he had a word with as long as I received  what  I was entitled to receive.
A week went  by. I continued to be assured.
Further time passed and  the information continued to be withheld. 
Eventually, a motion was presented by former Councillor Wilson and seconded by former Councillor MacEachern , directing staff provide information pertaining to legal costs. It  was passed by Council.
The Town Treasurer was asked if it could be done. He replied in the affirmative. 
There were Cheshire cat grins all around the table that night.So pleased were they by their astute handling of the situation. .
The resolution resulted in graphs being presented showing comparative  legal costs for the past ten years. 
The solicitor subsequently advised he could not provide the information I had requested  as it would be contrary to Council's direction.
I was ultimately able to establish without staff help,  cost of  legal services  to  assist  Council in formulating a Code of Conduct complaint against myself  was $70. thousand. 
Now back to the question of  who wrote the agreement with the Culture Centre Board:   information is the town had no solicitor on staff at the time. A legal clerk provided  input. 
I am unable to accept an agreement of such consequence would be the responsibility of a law clerk  employed in the town's  legal department. 
The administration  had authority to access services of an  external law firm on the  approved roster to carry out this important task.
 Under all the circumstances noted,  I have no trouble  believing information provided to me recently the former Mayor herself wrote the contract. 
If anyone  has a different, more credible account of how that awful agreement came to be signed by the Mayor and Town  Clerk, we would certainly be prepared to consider  it. 
As a Councillor I am empowered to exercise judgement.

2 comments:

Anonymous said...

Interesting. You offered to consider other opinions about the origins of the agreement and there wasn't a single taker. Maybe your version is correct. Not one taker to a blanket offer speaks volumes.

Anonymous said...

What happened to the purported purveyor of facts who challenged your suggested scheme of how this might have happened ? Trouble with FACTS, again. Gotta lose this sucker unless you want it as your negative ion , Evelyn. Your call.