"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 9 July 2015

THE QUESTION IS WHEN

Enough of commenting on rules of engagement.  It reminds me of family life and of children at home. 

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"When you  come home at night and close the door behind you,your home is your refuge. 
Here is where you need to know you will not be sandbagged, way-laid, back-stabbed or betrayed. 
The family is your greatest asset." 

That little lecture would be adapted to age of the listener but the meaning was always the same.

Repetition over years illustrated the continued need to remind.Seven siblings require a variety of rules and pleadings but they are all still friends and never part without expressing mutual affection. Spouses have joined the circle. And cousins. They all do the same. It's a family tradition. Something must have percolated from me to them. 

Be that as it may, I do enjoy clean and bloodless thrust and parry of a battle of wits. Politics is my bag. 
I'm pleased to have lived long enough to become my own publisher, however small my readership. 

Speaking of which, in a half century of involvement In town affairs, I never needed help in a fight, legal or otherwise. I held my own. 

A local lawyer once filed a notice of intent to complain. I  counter-filed with notice of intent to defend. 

He had been informed that I said his services should not have been retained. 

I had told a group, a lawyer was not needed to bring a concern forward and that Council was their advocate. 

Mayor John  West was there.  He asked that I go with him to the lawyer and state the fact of the matter. I did. That was was the end of it. 

Litigation against Morris et al is a different matter. 

Public trust and resources were used to retain a lawyer to write a complaint under the Code of Conduct . 

Legislation does not permit a Council to file a complaint. Lawyer John Mascarain so advised,after he accepted the retainer. 

Subsequently Councillor Wilson signed a statement of complaint written by the lawyer.

On July 29th , staff  were directed by the six who endorsed the complaint, to publish the statement in two local newspapers and on the town web site. Councillor Gaertner read the statement as part of a resolution at a council meeting.  It was entered into the public record where it still resides. It was broadcast on Cable T.V. 

Two  local lawyers notified me  publication of the statement  was defamatory. 

I did not visit a doctor nor a phsychaitrist or any other kind of therapist.

Legal services were used to destroy my reputation. Legal services had to be used to respond. There was no other remedy. 

I consulted a lawyer, accepted his advice and notice of  intent to litigate was filed. Notice of litigation followed.

A year later, three residents were sued by the Town's Mayor for defamation using town resources to 
process the litigation.,

When a new council was elected, a full- page advertisement was purchased in the media containing an apology from the town to the three residents. Two had defended themselves successfully. 
 
Early In December 2013, a jury trial of my action commenced. It was a long trial. Days before Christmas, all that remained was for the Judge to instruct the jury. 

Instead ,the jury was dismissed .To that point the trial was public. 

Subsequently ,by written communication, permission was granted to the defendants to submit a new defence.

Nineteen months after the jury was dismissed, the ruling is still pending. 

For six years, I have followed legal  advice not to comment 

As a Council member, I did not participate in 2014 ,when insurance premium increases were presented. 

I declared  a Conflict of Interest when defence costs of  $850,000  were disclosed by a Vice President of the insurance company attending  Council by invitation .

The Mayor and Councillor Abel declared  the cause of the expenditure was my pursuit of  a multi-million dollar jackpot.   In other words, I was motivated by greed. 

 July 29- 2009 defamation was legislated against me in a council meeting.

Immediately prior to the 2014 election campaign Mayor Dawe and Councilor Abel did much the same thing. 

July 2015 . it is still my story to tell. The end is in sight.  

10 comments:

Anonymous said...

Any update on when a ruling may be announced?

Anonymous said...

Your patience is remarkable.

Anonymous said...

You would think the town would take a bit of interest unless that falls under the dreaded title of ' micro-managing ' a term which I promise not to use again for at least a month.

Anonymous said...

Ignore ,deny, sweep under the rug is what this Town does best. Taking reponsiblity for their failures and in fact making things worse is what they do best.

Anonymous said...

Looking forward to reading about it Evelyn!

Anonymous said...

Make up you mind, 19:44. What exactly is done best?

Anonymous said...

At the very least, you re owed an apology for the delay. It beggars belief.

Anonymous said...

And you will tell your story. I hope you have drafts floating around ready to go and are not trying to keep it all bottled up.

Anonymous said...

Someone wrote Morris is not living here anymore - but then a lot of things get sent to you. I do not know if that is true.

Anonymous said...
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