Conflict of Interest

I referred in Bits and Pieces to a Councillor in Vaughan having declared a conflict of interest and the report that it may cost the municipality insurance coverage if they lose a court action. A reader seeks more detail.

Anonymous said...
What other details can you provide about Councillor MacEachern's alleged conflict of interest? Something for the integrity commissioner?

Conflict of Interest is not a difficult concept to understand. But it has been made so by the anxiety of politicians, due to dire warnings by lawyers, to declare a conflict even when they have none. 'Better to be safe than sorry' is the conventional wisdom.

The principle is that no elected or appointed officer can exploit their position of trust and influence to gain a financial advantage. A separate school trustee in Toronto has just been thrown out of office because of a conflict of interest. The only thing obvious in the news story was that he had been found guilty. Ten charges had been filed against him by a citizen.

The story in Munimail was that a Vaughan councillor declared a conflict of interest two months after he attended a closed door meeting during which a law suit between the municipality and a close friend of his was discussed. It was a news story because his declaration might cost Vaughan their insurance coverage if they lose the case.

The story was not about a councillor being in conflict. Unless he shared confidential information about the town's case with his friend and stood to gain financially from doing so, he was not. Nor did he make that admission. But by declaring a conflict and thereby suggesting the possibility of information being provided to a litigant against the town, the Vaughan councillor may have, in the eyes of the town's insurerers, jeopardized the municipality's ability to defend or prosecute the case. In the event the case was lost there may have been a denial of liability. That's the sense I take from the story.

Municipalities must carry liability insurance. Councillors are advised in the strongest terms at the slightest hint of possibility of litigation, it is imperative they keep their lips shut as tight as a clam. Councillors are regularly accused of keeping secret information the public are entitled to know by observing the rules. It may well be the hardest thing I ever had to do.

There is no option. Putting the municipality in a position of financial jeopardy is not a conflict of interest, it is a breach of trust. It is a betrayal of the Oath of Office. It is an offence under the Criminal Code.

Sending a document to a lawyer for litigants against the town, with a hand-written note suggesting it might be of interest, and said document becoming part of the public record in the courts is at least problematic.

ANOTHER BIT

On Monday, Family Day, at the Town's Arctic Adventure , among other exciting and fun events, a Chili Cook Off will be held in the Town Park between 11.30 am and 2.oop.m.

The Rotary Club , Firefighters, Jonathan's and two other restaurants will be participating in the competition and fund-raising occasion. Grace Marsh will be there helping to serve The Rotary Club's Chili entry. If you want to say hullo and encourage Grace to put her name forward again in the next election, that would be a good time to do it.

I can't do everything by myself, for Goodness Sake.

BITS AND PIECES

The City of Oakville had a headline in the Star for putting Council Meetings online. I understood it was included in our budget last year. Eventually it got as far as being shown

as a pilot but never seen again. We have the cameras and audio in the Council Chamber. The only additional cost is staff time. Being open and transparent may not be as much of a priority as has been trumpeted so many time

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A Vaughan Councillor declared a Conflict of Interest two months after participating in a closed door discussion of a law suit between the municipality and a close friend . It may cost the municipality insurance coverage if they lose the law suit.

Aurora may be in a similar situation. Councillor MacEachern sent an inter-department memo to the lawyer for litigants against the Town and attached a hand-written note that she " thought it might be of interest" to him.

***********************

Just When I thought

The Blog has so much flexibility I thought I could post and go back in repeatedly to make little changes. Just keep fixing it up until no more needs to be done. To-day I learned about Google Reader. It posts the initial blog and every time I go in and make a change, it posts it again.

Today I posted an unflattering blog about Councillor Wilson. Before the day was over I regretted and removed it. Then I learned it would already have been posted on Google Reader and there it will stay. I can't do anything about it now. But in future it means I will make very sure I've taken time for second thought.

Councillor Wilson is not my friend. I have no illusion about his intentions towards me. But I indulged my worst instincts in that post and I'm sorry I did that.

I've commented before about the intoxicating freedom of the Blog. Obviously it's like every other liberty. There needs to be a line drawn. But I kept pushing it to the limit and I've discovered the line.

Do I Have a Bug-Bear About Heritage

A respondent thinks that for someone who "loves the old days"I seem to have a" bug-bear about Heritage."

You are partly right. For one thing, "the old days" for me are yesterday.

I do appreciate heritage. But one learns to be selective. If there are people of sufficient means willing to put hands into their own pockets and produce $100.thousand to restore a rotting old shed that has no historical significance, I say good luck to them.

For five years, we tried to find someone to accept it. The developer was committed to moving it wherever we pointed. No-one came forward. No great devotee of Aurora's heritage has considered the project of sufficient merit to invest their own resources.

I don't either.

I think those who made their home in the Petch house over the years would be amazed to know that modest little structure , even now rotting where it sits.would be considered by anyone to be worthy of preservation for all eternity.

I have visited Upper Canada Village and Black Creek Pioneer Village. I think they are charming and delightful and serve a very useful educational function. I 've wandered in pioneer cemeteries, and small churchyards all over Ontario. They serve to remind us of the hardships of life in Ontario a hundred and fifty years ago and how people struggled and endured to survive. They were undersized, malnourished refugees from European slums and famines. A farmer might lose more than one wife in childbirth before his family was raised.They were of my grandparent's and great-grandparent's generation.

I've often stayed in B&Bs in farmhouses in Empire Loyalist country and enjoyed my short stay while recognising the hardship that forces a farm family to take strangers in to their homes to augment fluctuating farm income.

I was asked once by a developer if I thought an old Ontario farmhouse had any significant value. I thought for a minute before answering. If it did, it would undoubtedly be recognised by the old Ontario farmers, who seemed instead to vacate them as soon as they had resources to build a modern bungalow close to the road.

In Aurora, many lovely old homes have been sensitively restored by new owners . I've been glad to support a change in use to permit the buildings a continued function We should all appreciate the efforts made by their owners to maintain their usefulness and charm. . It's entirely possible many of those houses are lovelier today than they were a hundred years ago.
The town also places a value in preserving heritage rather than encouraging redevelopment for multiple unit buildings. It means we do not realize the maximum return for our investment in infrastructure and servicing.

In regards to the Petch house, as an elected representative, I have more concern for family needs of the here and now. I worry about the size of mortgages. If the homes will ever be paid . I worry about young children in day care from early morning until the middle of the evening because both parents need to work to provide the family shelter.

I worry about people living in basement apartments spending anything between a third and half their income for rent for inadequate housing.

And I worry about seniors whose home is their only asset and at the end of a life of hard work and paying taxes and providing everything for their children's generation, being forced to contemplate giving up their homes because property taxes are beyond their means.

$100. thousand being taken out of taxpayers pockets , to restore a rotting old building which has served its purpose many times over is, in my judgement, senseless and irresponsible use of someone else's money.It doesn't mean I have no respect for heritage. It means sensible choices need to be made.

How The Word Got About

Let me count the ways. Council met in a handsome large room at the back of a former bank building in the middle of the main block on the east side of Yonge Street.

The door to the Town Offices was two steps up from the sidewalk. The clerk-treasurer's office was to the left of the door. People dropped in to pay taxes and have a chat. Dorothy Wardle was treasury clerk. Colleen Gowan was municipal clerk. They all had a proprietary interest in what went on and never hesitated to offer and share what they knew of the town's affairs. They were the Town's Administration.

Ray's Cafe (Moon Gardens) was a place for leisurely exchange of news and views.There were booths with red vinyl benches and Formica tables around the outside edge of the room
.
Mail was not delivered in town. Everyone had to go to the post office to pick it up, That meant standing in line for ten or fifteen minutes every day. .People chatted..

There were three banks. Cheques had to be cashed , bills paid , money deposited. Tellers behind wickets served the customers .Around pay day, line ups formed and there would be an
exchange of light conversation about things in general. or in particular.

We waited for prescriptions in the two drug stores. Caruso's Fruit Store was a happening place. Doctors and dentists had waiting rooms. People waited. and chatted.

There were owner-operated gas stations. Service was provided. There was always time for a chat while gas was being pumped.

Bert Frankom, at the corner of Ransom Street was a friendly man. .People were not just interested in knowing about your affairs, they were happy to talk about their own.

On one occasion Bob Buchanan, the Banner editor, and Dick Illingworth the Mayor decided to launch a rumour and see how long it took and how it would change by the time it returned.

Bill Langman,Chief of Police, locked his office door (a room above a barber shop) every afternoon and strolled with slow and measured steps to the north end of Town and back again. He stopped to chat with anyone who sought his attention. A couple of cruisers travelled the town in leisurely fashion. On hot summer nights, they engaged the teen-agers in chat. The police force (thirteen) was an abundant source of town gossip.

The Fire Hall was on Victoria Street. The Volunteers had their club house behind .It was open most days, all day. There were twebty-four of them. They had friends. They had a bar.

Councillor Walt Davis told me once how the town used to be crowded on a Friday night and so many groups gathered on the sidewalk, a person would have to step into the road to get anywhere
That was before the Davis Drive Shopping Centre, Hillcrest Mall and Upper Canada Mall.

It was before the curves on Highway Eleven were straightened and the hills levelled and Yonge Street Aurora stooped being a small town main street. .

Farmers and their families came in to shop, see the lawyer, the doctor or the dentist, go to the bank and ....catch up on the gossip. Farm families were as much part of the community as anyone. else. On Friday, Aurora was a happening place.

There were two newspapers, The Aurora Banner and The Newmarket Era. Not much happened in the Town that didn't circulate in a very short time.

The newspapers published once a week on the same day. The two publisher were fellow journalists from Toronto, who were also good drinking buddies. But the competition between them for news was ferocious and it never lagged.

People didn't pass on the street without acknowledging each other. I recall walking down the hill
on Yonge Street with a baby in the pram and another seated at the other end and maybe one walking beside. . A gentleman coming toward me stepped aside, raised his hat and wished us Good-day ,

Most new homeowners commuted to Toronto. Many of us were recent immigrants... refugees from war-torn Europe. But many of the multiple generation Aurora fa miles were from the same place so there was already an affinity. The newcomers joined the Aurora Legion. Pretty soon The Legion moved from a small frame building on Yonge Street to the beautiful club house on Industry Street. There was always plenty of action at The Legion.

If this sounds like a nostalgic tour..down memory lane...... it is..

We Are Saving

….a rotting structure. The Petch House, has been perched on cement blocks on the east side of Leslie just south of Wellington for five years or more. It is to be saved. It has no historical significance. It was moved to its present location by a developer at the town's request. They will move it again for us at their expense when we find a place for it. The cost for that of course will be tacked on to the price of a property somewhere.

Money doesn't grow on trees.

We have not been able to find anyone with a use for the four hundred and fifty square feet shack. and not for the want of trying. We offered it to The Arboretum a couple of years ago but they opted to buy a prefabricated tool shed with $50 thousand smackeroos of the money we gave them to plant an Arboretum. That money came out of the interest from the Hydro fund.

So there the shack has sat, sad and dilapidated with rain pouring in the roof for five years or more. It lost its torn insulbrick cladding at some point. The rot is plainly visible in the corners and the bottom edges. But nothing daunted, if it can be moved without cutting down trees, the Simcoe Conservation Authority will allow it to be situated in Sheppard's Bush. It will make a matched pair with the shack we moved from McMahon Park a couple of decades ago. I'm not sure they ever found a sensible use for that one either.

We have $100,000 in the Capital budget to "restore" building to use when it finds a new home. All 450 square feet of it.

We are saving another $12,000 in the capital budget as well.

The meeting rooms at the library are heavily used for town programs of all kinds. Summer playground kids cavort in there. They tend to be messy. Yoga classes are held there too. Practitioners do their thing on the floor. They pay a fee to do that. They complain about the bad smell. The carpets can no longer be cleaned properly and they are coming apart at the seams.

Staff recommends replacing the stained and smelly floor covering with carpet tile squares. It's long-lasting and easy to lay. It can be replaced in squares if necessary. There are areas in every carpet that bear heavier traffic than others. Using tiles means the flooring in a whole room doesn't have to be replaced at one time.

Estimated cost for the two rooms - $12,000. But we are not going to spend it. Oh Dearie Me No. We must find places to save, don't you know - so that we can spend $100,000 on a rotting crumbling shack with no historical significance.

It is a "unique" structure, don't you know. I don't know how they know that. I doubt there are many municipalities in Ontario who can afford the luxury of a heritage expert on the payroll. I think there could be dozens maybe hundreds of gems of uniqueness slumbering undiscovered all over Ontario under layers of tar paper and Insulbrick and maybe even underbrush. In small places where they may not even have a library, let alone rooms for Playgroups and yoga classes that need clean carpets.

Bless their hearts, they are probably completely unaware of their unique wealth, in comparison to places like Markham, Oakville and Aurora.

.

Whoosh Bang

There was a spontaneous, predictable and explosive three-word anonymous response to "Chickens Come Home To Roost". It was crude and vulgar so I wont publish it. But it made me laugh out loud. Politics is rough and tumble. It's always wise to know one's enemy.

I am inclined to be critical
Inclined to be blunt.
I don't have to be poked to incite me to fight.
Keep calling me names
And question my intellect
I'll be obliged to give as good as I get.

A politician is a performer on the public stage. Everything done or said is in the public domain. Even though there 's no audience most of the time,that doesn't mean infamous actions are safe from public exposure. Gratuitous attacks against a veteran politician are perilous at best.

None of us are so pure, we can afford to take those chances.

Chickens Come Home To Roost.

A playground for Seston Park was deleted from 2007 budget. Before the budget was struck, Council received a delegation from neighbouring residents.

They had read of beautiful things happening in other parts of the town and wondered why their neighbourhood was being overlooked.

When the item had been discussed during budget deliberations, Councillor MacEachern informed Council the park was in her neighbourhood. If the Town spent $75 thousand there, her neighbours would think we were crazy.. The item was deleted from the budget.

The night the residents came to Council, the Councillor, quick and sharp as a whip, turned to the Director of Leisure Services accusingly,

"You said it was safe," she said.

"I told you it was not dangerous," he said. “Dangerous equipment is removed, or blocked off, so the kids can't use it. There's not much left now. That's why we recommend replacing it.”

The Playground never made it back into the 2007 budget.

It was included in 2008. The parents were invited to participate in the choice of equipment. On completion they came back and expressed profound gratitude to the Mayor and Council for our "generosity".

Apparently, the only people in the room who were unaware of how they had been handled, were the residents themselves.

Councillor Wilson regularly reminds me in less than a civil tone of how things have changed over the years. I think that's funny since I'm the one who has made the trek.

Seston Park neighbours must surely appreciate their new playground. Having to wait for it will not seem so bad now that it's there. .

They may not have noticed and might even dismiss it as of no consequence, yet everyone else at that table, staff and council , were witness to how responsibility for deleting the item from the budget was laid on staff; by the Councillor who said her neighbours would not want tax money spent on their playground.

The event, in my view did nothing to elevate the tone of this Council .

If it's the change Councillor Wilson refers to, I remain unimpressed, It's not new and it's not clever.It's low, primitive and sleazy.

The Policy Statement at the beginning of The Code of Conduct states the following:

This Code of Conduct is a public declaration of the principles of good conduct and ethics that members of the Council of the Town of Aurora have decided its stakeholders could reasonably expect from the Members of Council to demonstrate in the performance and responsibilities of elected representatives.

Attaining an elected position within the community is a privilege which carries significant responsibilities and obligations. Members of Council are held to a high standard as leaders in the community and they are expected to become well-informed on all aspects of municipal governance,administration, planning and operations.

I think that statement is a load of self-righteous claptrap and it is bound to trip up even the most sanctimonious of politicians.

And there's always the possibility someone with a blog will decide a particular account of politics in action is worth recounting.

A Diamond ? or Pie in The Sky?

The proposed baseball diamond has been part of the Master Recreation plan of the Town for several years.It's cost has formed part of the annual five year capital forecast for as long. Development charges have been collected on the basis of forecast recreational needs. The stated purpose of the Strategic Plan is to provide adequately for the recreational needs of residents.

Staff prepare budgets on the basis of Strategic plans and Capital Forecasts. Both of which are pre-approved by council. Staff do not dream up schemes and imaginery wish lists.

Development charges are calculated on the basis of needs documented as a result of growth. A charge is paid for every permit issued by the Town. Before the house is built its new owner has paid for whatever facilities the town claims are needed to accommodate the growth...

The development levy is paid up front by developers. It is included with a myriad of other taxes in the price of a house. Assessment is based on the price. The new owner pays taxes on taxes evermore. Town revenues are derived from taxes on property.

Despite the fact funds have been collected to finance the building of sports facilities, this council has repeatedly rejected staff advice that a diamond is a priority.

Last year, the Baseball Association came to Council on the eve of budget approval to express their concern and disappointment that for the third time, the diamond was being eliminated from the budget.

They outlined the urgency.

On April 22, 2008 a resolution was passed by council;

Item 10 - LS08-024 Development of One Senior Baseball Facility

Moved by Councillor MacEachern - Seconded by Councillor Granger

That Council receive this report as information and direct staff to complete detailed design and servicing plan and specifications process in 2008, at a cost of $40,000 and present the item in the 2009 Capital Budget for Council's consideration;

and

That, given that other recreation facilities will also be constructed on the Burnett lands, consideration be given to the full function of the property to ensure that the lands are efficiently utilized.

The front page story in The Auroran asks the question; how does a $600,000 baseball field balloon to nearly 2 million dollars?

By following council's direction,that's how. One had to be in the chamber to hear the Mayor's comments and see her arm flourish in the direction of the Leisure Services Director.

"Do it" she said "start on it to-morrow."

The baseball members laughed in relief, applauded in excitement and left the council chamber convinced council had understood their problems.

In the past two years budget deliberations have taken close to eight months. Each year was halfway over before projects approved could be started.

This year, the capital budget deliberation didn't even start until January 30th. It is still not finished The Operating budget cannot begin until the capital is finished. .

The Town's Chief Financial Officer's leaves on April 15th.

The Chief Administrative Officer has been on the job four weeks .

The Director of Corporate Services has had two months with the Town.

The Director of Public Works has prepared his first budget.

There is no Town Solicitor in place . ..Hasn't been for a year.

By any standard, the Town's Business is teetering.

About Audits

A recent comment asked:

"You're the council member with most experience ( I didn't say oldest), when did the audits start?What year? Have they ever found anything?"

______________________________________________

As far as I know, there have always been annual audits. When elections were held every year, the financial statement for the previous year was distributed on nomination night. The meetings were held in the auditorium of Wells Street School. It was filled to overflowing. Statement copies were placed on each seat.

In my first year, Former Mayor Clarence Davies announced the town's budget had passed the million dollar mark for the first time.

I have never heard of anything untoward in the audit. In 2004, there was a concern about lack of control in the handling of recreational revenues. There were not enough staff in treasury to do the job that needed to be done. There was no indication of anything amiss. The staff shortage was corrected. It meant the department's budget had to be increased........ Of course.

I recall a situation years ago when figures didn't add up. There was a police investigation and a person quietly departed. It wasn't a secret in the town but it wasn't broadcast by the town.If a citizen asked the question ,they would receive an answer. And that was an end of it.

Municipalities have insurance to take care of such matters. Discreet handling may have something to do with keeping premiums within reason and staying out of court and the hands of lawyers.

I'm not sure how or if the audit represents such a thing.

This year's audit would be one to scrutinise. Public statements were made in 2008 that town funds were improperly expended. I did not and do not agree. I will look to see if that item is noted in the audit.

Unapproved expenditures for windrow clearing in the last two weeks of December would be minimal. Will they show up in the audit? If not...why not?

Funds expended for legal costs will be of interest. We shall have been without a solicitor on staff for a year. What will the audit reveal about that?

Provincial law requires publication . Look for the Town's Audited Financial Statement in the Notice Board and the web site shortly. Once all 2008 invoices were in and paid , the books were closed.

Fair Sir Robert....

Robert the Bruce said...

You certainly have more information at your diposal than the average citizen. However, your interpretation may not be entirely without bias. Without an organization chart and specific details, I cannot agree that the person seconded to shovel snow is/was a crucial piece to the water distribution organization of this town.

Having said that, to speculate that Aurora has water quality issues because a Works Department employee has been assigned to snow shovelling is just wrong and I will repeat, fear-mongering in order to get a response.

The issues that contributed to the problems in Walkerton were negligence on top of poor farm drainage. Of course, left leaning people in the province blamed it on Mike Harris, but that is getting old.

I am in complete agreement that the way this "service" has been handled is less than "kosher". My beef with your original comment was to take offence that you tried to breed fear that water quality is being compromised.

Do you have any proof that within the last month or so that windrows have been cleared, that water quality has declined?

You are quite correct to raise the issue of using human resources for some thing that they are not supposed to do, but to equate it to Walkerton is grandstanding.

Fuimus

February 3, 2009 3:20 PM

_____________________________________________________________________

Thank you for your response. You are right. I do have access to more information than you do and so I should as an elected representative. Yes that puts you at a disadvantage in the argument. And yes, my judgment will not likely be entirely without bias. I don't think politicians should have the luxury of being ambiguous but isn't that an eccentric notion? I am the politician I would like others to be but since I control only my own conduct, I have to be content with that.

I did not speculate our water quality declined because of windrow clearing. There are two men short in a six-man crew in the water department. It's my contention, if six men on shifts are needed to carry out a particular function, that is the number you should have. To be doing it with a third cut in manpower is asking for trouble.

The Director of Public Works reported in writing to council that he did not have the manpower to undertake the extra task prior to the decision to provide the service.

I do not swallow holus-bolus everything a Director might tell me. If it's a matter of common sense ,then mine is as good as his. If it's his professional advice there is insufficient manpower to handle additional responsibility, I am going to accept that without argument.

My real concern was how Council's direction was set aside. There is protocol on how an expenditure unapproved in a budget must be authorized by council. Provincial regulations dictate governance in dealing with public money. We have internal auditors and an annual audit required by law. We have everything in place to ensure your money is handled with absolute integrity.

An expenditure was made without proper authority. How did it happen? It's my job to ask. If the answer is not forthcoming, it is also my job to draw attention to the fact. It is reasonable for the public to wonder why.

Water Safety or Windrows? Dialogue

Fair, Brave Sir Robert

It's my job to ask questions and obtain information on behalf of the community. I do not rely on the town's web site and depend upon my interpretation of it. I prefer a direct discussion with staff to clarify my understanding. If the answers are not on my fingertips, I know what questions to ask.

The Region is responsible for the water supply. They pump it out of the ground into the reservoirs. They ensure the supply is adequate and constantly monitor aquifers to that end. They may even test the water. The town does pay the Region for water consumed.

Municipalities are responsible for distribution of water throughout their respective communities. Monitoring quality, testing and adding chemicals to ensure quality and safety is done at the local level. Common sense dictates testing from Steeles Avenue to Lake Simcoe would not have the same results.The water tested need not be from the same so

Recent local headlines proclaimed two negative Aurora water tests. The newspaper thought it of sufficient importance to make the front page. The public was concerned. The annual average of negative tests is far in excess of that number. Aurora's results were two points less than perfect. That perspective was never presented.

The Town of Walkerton was held responsible for e-coli in its water system. The deaths and illness of several residents were caused by a failure to perform. A town employee went to jail. I thought that was truly horrifying.

The situation brought about stringent regulations governing all Ontario municipalities. Anyone who assumes the catastrophe and found culpability of a municipal employee, does not weigh heavily on those charged with water safety, simply does not understand.

There was no debate in council to determine how a windrow clearing service would be provided by town manpower. Public Works Director had already reported to council manpower was stretched to the limit. It could not be done by the works department.

It may be, in my non-professional capacity as a politician, I make too much of the issue of water safety. If so, I will be glad to let someone who knows more than I do, tell me that.

You, Fair Brave Sir Robert are not the one.

Neither Sir, do you make the case for an accusation against me of "fear-mongering."

A Tutorial It's Not

In an anonymous comment to Aurora Citizen, a resident indicates a desire to understand how council decisions are made. I smiled to myself and thought;: Bless Your Heart, you will not learn from watching this council.

Parliamentary Rules of Order have existed since the days of Oliver Cromwell. Oliver was not a sympathetic character in history. Even he would be aghast at the situation in Aurora.

This Council started at a disadvantage. Six newly elected members without an understanding that the authority of council is equally shared. A member elected to office for the first time is not expected to be an expert. Being a councillor is how one learns.

When I started, colleagues, particularly Mayor Clarence Davis, and staff were generous with their time and forbearance. I did not expect that consideration. I was an outsider after all.

I learned that respect for the office of Councillor takes precedence. We argued with passion, anger and sometimes inadvertent comedy. We were forced to laugh at ourselves on occasion. Rules of Order dictated that rancour and personal hostility had no place in the conduct of town business The merest hint of spite would draw forth a collective groan from around the table.

Sometimes a new Councillor took longer to realise he was not among enemies. Given common sense and the shared humbling experience of having been elected. a Council normally evolved into a cohesive unit with respect and recognition of the right and responsibility of each member to present a perspective on an issue at hand.

None of that happened with this council. A slate of candidates was elected on the new Mayor's coat-tails. They continue to be beholden. They follow their leader slavishly. They relinquished authority and put unlimited power in the hands of one. Good judgement does not come along with the package.

There is no need for principles, rules of order or concept of fairness. All resources are one person's to command. No opposition is tolerated. The majority block has thus far held firm.

Still the waters do not run smoothly.The Melodrama continues to unfold and be shown for what it is.

Four and a half centuries have passed since the days of Oliver Cromwell. Times have changed. People read and write and think for themselves and have the right to cast a ballot.

I have a seat at the table and a Blog. If I knew how to attach audio-visuals, I would tack that on too.

Maybe someday.

Water Safety or Windrow Clearing...?

I write a Blog and copy it as a Letter to the Editor. Then I write other stuff - sometimes political, sometimes personal. Days later I read my letter to the editor and realize ...Hey, that raises more questions.

In a phone conversation, I learned a man from Water is clearing the windrows and while that's happening, his regular job isn't being done. After I put the phone down I thought, “Wait a minute, that can't be good.” The guys from water are responsible for water safety. That's an ongoing daily monitoring function.

People died in Walkerton a few years ago because that job wasn't being done properly. A man went to jail because of it. It wasn't a politician though. Mike Harris did away with the Ontario Water Resources Commission as a cost-cutting measure but nobody held him responsible. Oh Dear Me No.

For years, The Ontario Water Resources Commission had been monitoring municipal water to ensureits safety Many towns did not have the financial resources to provide the necessary technical expertise. O.W.R.C. was a badly needed resource.

Since Walkerton, the province passed stringent regulations governing water treatment. Employees who fall down on the task can now be charged with negligence under the Criminal Code. Municipalities can and have been fined hundreds of thousands of dollars. Worst of all, public health is at risk if the job isn't done properly.

I needed to know what isn't being done in the water department while a technician is out clearing windrows.

So I called. It's not good. Because of an injury, the water crew was already short handed. Windrow clearing was assigned to them. Another technician had to be taken from the job. It's harder to get done what needs to be done to keep the water department functioning efficiently with two men short. They work shifts in that department.

Clearing windrows is a questionable use of a skilled resource. The hourly rate of pay is less. As well as putting water operations under stress, it's causing labour problems. The Manager of Works Operation Services and the Water supervisor are both spending administrative time dealing with the windrow clearing program and its attendant problems.

Windrows are left after the sidewalk plow as well as the road plow. Seniors with sidewalks expect two windrows to be cleared. They are created at different times.

Regional plows pass more often than municipal. Seniors living on Regional roads expect their windrows to be cleared every time the regional plow goes by. It all takes time. Time costs money. Time spent on one job, taken from another more critical operation, is not efficient use of time.

Without council awareness and without council authority, the decision to use or misuse employee time for this purpose as well as being poor management, risks public safety and it is fraught with potential for disaster.

Is anybody listening?

You Were Saying.

Blog postings and Letters to the Editor are very satisfying. I spend an average of four or five hours on each. I write it, leave it a few hours, read it to ensure it makes sense. I repeat the exercise and keep on making changes, sometimes even after it's been posted.

I write nothing that can't be verified. Council and committee meetings are audio and visually recorded. A tape is available for the asking. When I write a Blog or a letter, I'm aware of the likely reaction when the main characters are not enhanced by their own actions or comments.

It's fast and furious and telling. This week, there's a reference to my application under the Freedom of Information Act. I did not make such an application. . I spoke to a staff person and requested a form. No resident would know that

It's not hard to pick up signs. The substance of a conversation with a staff person showing up in Mayoralty comments within hours or days is a dead giveaway.

Comments I receive when out and about assure me ,my efforts with the blog and letters are well received. People give me all the encouragement I need. In an ideal Council, every member brings something different to the job. Communication is the skill I learned best from the opportunity provided by voters in Aurora. I always used letters to the editor but in my wildest dreams. I never imagined such a tool as The Blog.

So now to continue the previous discourse: on cost differences between providing a service with town forces versus an outside contract.

The town provides a variety of services. Corporate Services, Works and Recreation are the biggest. They do not function independently. They are supported by tvarious departments which comprise the whole administration.

Corporate Services provide communication between departments. and to the public. I'm not sure of all the services provided by Human resources but they are substantial. They negotiate contracts, create job descriptions, advertise for replacements, receive applications, set up interviews. receive and process grievances and I think there's a nurse on staff.

Treasury handles payroll, purchasing and keeps track of department budgets.

Legal services work on contracts and agreements and litigation and keep everybody functioning within the law.

Communications inform the community .They are currently also acting as personal political promotion for the Mayor's office. Check Media releases for the number of references to Mayoralty thoughts and reflections.

The Chief Administrative Officer provides supervision, support and direction to all departments. He ensures council's directions are understood and followed. Garbled and contradictory resolutions tabled without notice or circulation and passed by council, sight unseen, are not conducive to the successful operation of that department.

For budget purposes, a factor for the cost of each supporting department listed above, is charged to the department receiving the support. Except for legal services. The Mayor's ability to retain legal council whenever she thinks she will, skewers and obscures that department's budget substantially.

In 2003, when the Clerk made a calculation of the election recount cost, the figure was dismissed as ridiculous by a councillor because the work would be done by staff. It was then I learned how costs are calculated. It made sense then and it does now and people paying the bills need to know that. We are putting our hands into other people's pockets when we vote for these expenditures.

I'm not certain the hourly rates I provided in the previous blog included all the factors mentioned above. To be precise, they must include all benefits; health, pension, vacation, statutory holidays, sick time, time off for funerals and birthdays and life insurance. and everything that's part of a collective agreement.

Even though they do carry the profit factor,private contractors do not carry the same load for administrative overhead or union contracts..

For years now, municipalities have turned to external contracts to control the cost of providing service. There can be no argument that the windrow clearing provided by the town's work force compares with a contract price. Council were advised of that by the Director of Public Works before they made the decision to provide the service at full cost recovery.

The torrent of abuse hurled at my head should not be allowed to distract attention from the relevant fact; Council's intent was yhat the cost of the windrwo program was to be recovered from the recipients of the service. Council's authority was disrespected and undermined. The community has not been well served .The question still stands. Who was responsible?

Just Answer the Questions

Last week, I shared information about the town's windrow clearing service for seniors and the disabled. Council gave direction to staff prior to Christmas to start the service. The level of interest was unknown at the time. The decision called for full cost recovery. Fees quoted by a contractor were adopted in the resolution. No updates have been provided to council since. I learned the service was not being provided by outside contract. Public Works were undertaking the task.At the first meeting of the year, I asked for an update.

Though not chairing the meeting, Mayor Morris stated since the item was not on the agenda, it could not be discussed. Nor could it be raised in the new business section of the agenda. A notice of motion was necessary, she said and a resolution approved for staff to provide the information.

I posted a Blog about the issue (copied as letter to the editor). Days later, I received an e-mail copy of Council's resolution from Councillor MacEachern. She had presented the relevant motion verbally following considerable debate, when it seemed a consensus of council had been reached. It was seconded by Councillor McRoberts, put to a vote by Mayor Morris and approved by council sight unseen.

Councillor MacEachern regularly presents multi-faceted resolutions without notice, not featured on the agenda and not circulated to council. At the start of this term, I noted the practice was out of order and without merit. It was inappropriate for council to vote on resolutions they had not had a chance to read. My concern was not shared by staff or colleagues. I continue to regard the practice as disorderly and fraught with potential difficulties. But without support from staff or council, there is little point in continuing to make the point.

On Tuesday, at council, during the new business section of the agenda, Councillor MacEachern produced the resolution. She referred to my letter to the editor and directed the resolution be placed on the overhead slide projector. The issue was not on the agenda. No motion was made to permit its introduction. Yet in contrast to her previous position, Mayor Morris moved the matter along.

The Mayor read the resolution. It was implied staff had simply followed council's direction

Why then, when I raised the question, did Councillor MacEachern not refer to the resolution? Why was the Mayor determined no explanation would be provided?

The first clause of the resolution states;

'That the Town of Aurora provide the snow windrow clearing program at full cost recovery for $70 per household.”

One figure was given for full cost recovery; the contractors' quote. No figures were provided for the town's work force to perform the service.

Therefore, to fully recover costs as specified in th resolution ,the work had to be done by outside contract. That was council's intent.

That's not what happened.

Initially five people registered for the program. The contractor was adamant. He would not fire up his equipment for those numbers. The job was not financially viable. According to the Works Director, that was when and the reason why the decision was made to do it with town manpower. Not because of council's direction.

Registration did not close. The numbers have since risen to thirty-eight. The Town continues to provide the service. Once started, it's hard to see how it can be stopped. On one day, the run took from 4.30 am until 4pm. Overtime hours are involved. Some figures are available.

Our outside workers are unionized. Figures are as follows:

Operator plus 1 ton truck & plow-$58.24

Overtime rate- operator plus 1 ton truck and plow $72.29

It takes little effiort to calculate the service is not being provided “at full cost recovery” as specified in Councillor MacEachern's resolution and council's authorisation.

My questions still stand:

Who made the decision? Was the management team involved? Was additional manpower hired to provide the new service? Has Administration Procedure No. 50 governing procurement policies, so much in the news lately,been followed? What is the cost of the service? No budget was provided in 2008 for the program? Who authorized the extra expenditure? By what authority? Will we be retaining a lawyer to “investigate “ how it happened?

Answers to questions asked by an elected representative are no more and no less than the community is entitled to expect. Waiting until spring is not an option. We understand the snow removal budget for 2008 is in deficit. We hear talk of the need for restraint. What other decisions have been made behind the scenes by persons unknown to contribute to the financial disconnect?

When answers to valid questions are not provided through the normal process, extraordinary methods must be employed to draw the public's attention to the fact. It is their business we are about. Not some private fiefdom of whatever person happens to occupy the Mayor's chair.

Conflict and Confusion

The Mayor has informed a confidante Mr. Whitehurst will be resuming his appointment with the Arts and Culture Committee soon. Mr. Whitehurst has been on a "Leave of absence" from the committee while being paid as "Administrative Assistant"

We learned about the Leave of Absence from the record of attendance on the Leisure Services Advisory Committee Report. His absence was noted with information about "a leave of absence." On the next report, the absence was again noted by " endorsed leave of absence".Councillor Evalina MacEachern is chairman of that Committee.

A leave of absence is not taken. It is requested and must be granted. I know of no such request. I did ask once if Mr. Whitehurst had accepted the paid appointment and if so, had he resigned from the Arts and Culture Committee which would clearly be required. . .

The Mayor was outraged by my question. She said Mr. Whitehurst's family had endured much because of publicity over the issue. Mr. Whitehurst. she declared , is a dear friend and a fine individual. he was also known to be a supporter and helped in the mayor's election campaign.

I had previously and privately asked the Clerk if he had received or seen Mr. Whitehurst's resignation. He had not. Then I asked the question publicly because of the controversy created by the appointment. People who had expressed concern were entitled to know the answer..

The Clerk later advised he had referred the question for a legal opinion. As yet none has been forthcoming. The clerk has since retired. Reference to "Leave of Absence" may be thought to have solved the problem. I don't think so.

Mr. Whitehurst accepted the paid appointment. It was recommended by a committee of which he was a member. There is no record of his resignation from the committee nor of a request for a leave of absence. If Leave had been granted it would have been after the fact.and without council involvement would have been invalid. I doubt it would meet the test.

Statements have been made that the post is full-time and pays $120,000 a year. That's not accurate. It is an interim position. Hours are up to twenty a week. The pay is $60 an hour, $1200 a week for twenty hours.

There's another odd thing. Museum curator, Kathy Malloy was also a member of the committee. She resigned. herv post as curator . It seems Mr. Whitehurst was taking her place as a resource person

. For thirty years , the town has made a grant to the Aurora Historical Society to help pay the curator salary. . Jackie Stewart held the post and was a valuable resource to the town's planning department in research of heritage homes. Jackie would help anyone who had an inquiry over and above being curator of the museum collection.
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The museum had been closed for three years when Jackie retired. The town had hired a full-time Heritage planner, Michael Seaman. He came from Markham and has since departed for Oakville.

The museum has been closed five years now. The collection still in storage. The new curator hired by the Historical Society. is assigned to Hillary House Museum which is not a Town facility. The $50,000 town grant is still being paid.

Through the efforts of Ms Malloy , while she was a member of the Arts and Culture Committee, a substantial grant was obtained for renovations to Church Street School from the federal government. When Ms Malloy resigned to take a position in Markham, the town ended up paying the Historical Society an additional $10,000 for her work in obtaining the grant.

Everywhere we turn, the town doles out money and taxpayers get the short end of the stick.

Helen Roberts, President of The Aurora Historical Society was publicly supportive of Mr. Whitehurst and enunciated in a letter to the editor, the eminent suitability of his appointment to the paid position.

The 2009 budget proposed for the Arts and Culture Centre at Church Street School is half a million dollars. It is new expenditure. and in addition to the $50. thousand grant. Four full-time employees will work office hours. When I asked the consultant what new programs Aurora residents might expect, to justify the additional burden on their taxes, none were identified.Councillor Gaertner is Chair of that Committee.

When the Aurora Historical Society decided last year to withdraw from a legal commitment they made to the town to provide museum services , Ms. Roberts suggested the Society should receive a budget from the town on the same basis as the library. It seems that's exactly what is about to happen.without of course being identified as such.

* * * * * * * * * *

A prompt response to this post asks me to list my contribution in the past to the town's progress.

The past is past , Now is the present. I have never claimed sole credit for our accomplishments as a community. I always regarded council and staff as a team . Worthwhile things can not be accomplished, one without the other.

In 1976 we provided the Historical Society with a home for the museum collection in Church Street School. Having a location made the Society eligible for a $40,thousand dollar annual grant for rent. It partially covered the cost of operating the building.
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During John West's administration, the grant was turned back to the society . It allowed them to hire a curator, who was Jackie Stewart.

Jackie was added to the town's payroll in order to be part of the town's benefit program. I could never get John to admit sleight of hand over how the grant to the Society from the province became a grant to the Society from the Town. . At some further point the provincial grant must have come to an end and the town started ponying up $50 thousand dollars a year from property taxes without the public ever being aware of the fact. There was never any question of value received.

Now ,if my respondent would like to offer a rational for why a friend and supporter of the Mayor should be appointed to a paid position while holding an appointed position and explain how that fits with the terms of The Code of Conduct, I am certain readers would be interested .I would post that.

Calling me names contributes nothing to the public debate .

COPING

Hearing of my seven, people often commented they would have gone crazy with so many children. I would smile and think.... maybe I did and didn't realize it..

There were plenty of times when I didn't have control and others when mothering instincts were stretched to the limit. But there was never an option. Situations would follow so fast on one another, no time was left for contemplation. Now people compliment me on my family and I think... how much did I have I to do with it?

Books were my escape. One winter, there was a mouse in my house. He had migrated in from the cold. At night, when all was still and my feet were on the couch,he would come out and feast on the crumbs on the floor around the high chair. Then he would move along the wall under the couch to the window. I watched the curtain move as he climbed to the sill. He was heading for the place where the kids regularly removed the knobs from the sliders and air came through unimpeded. After a while, he would go back the way he came It was his regular routine until Spring came and he took himself outside again. Years later, I discovered he had lived on top of the generator under the fridge.

Sometimes I would read until daylight. Then I 'd regret finishing the book so quickly. But the story would continue to fill my mind through countless laundries , dish-washings and bed-making. There had to be time between tales or they would blend into one another and become indistinct.

I had catholic taste. . I read Exodus in hospital. My brother Terry brought it to me. Leon Uris did great research and created entirely believable characters. Arthur Hailey employed a team of researchers but his characters weren't worth a damn. I felt he was writing screen plays not stories.

Morris Shepherd, like others who write for a living, wrote one story but many books. He simply relocated the plot to a different culture and country. His yarns were about politics and international intrigue. His romantic element always ended precipitately. His characters were credible. He would build the situation to the point of intimacy. Then it seemed there were pages missing or stuck together. I would check the numbers in exasperation. I concluded he'd been educated by a celibate order. I later learned he had indeed been taught by the Christian Brothers.

Michener's books were packed with history. I l flipped pages of description until the story resumed. I think he must have been paid by weight for his books. But the research was authentic .I never lost interest in how people survive.

Allen Drury was a Washington journalist who wrote about politics during the Kennedy era. He had a regular cast of characters. I've come across one of them more than once in Aurora. He is short and skinny. Full of righteous indignation and conviction that he alone holds the Secret of the Holy Grail.He spews out vitriol and is entirely without humour. His reputation is built on battling the corruption and incompetence he finds everywhere. His rapid fire speech rises to a hysterical scream to indicate the depth of his passion.

Senator Joseph McCarthy was such a personality.He may have been the model. The harm he caused will probably never be calculated. He ended in madness and ignominy but not before he had ruined hundreds, maybe thousands of lives. All accomplished with the authority of elected office in the Cradle of Democracy which guarantees its citizens the pursuit of Life, Liberty and Happiness. There is more than one form of terrorism. In politics as in life, contradictions abound.

Modern political memoirs are a let down. Pierre Trudeau's book reads like the transcript of a taped interview. Jean Chretien's reveals a shallow personality. His reputation would have fared better had he never revealed it.

Brian Mulroney's was a bigger book but I couldn't get past the first few pages. At Christmas, I had a similar problem with Barack Obama's . The beginning was clearly contrived but as the story unfolded, it revealed varied experience. It is not all American but no doubt it will be an asset and highly relevant in the job he now holds.

I read three books over the holiday A work of fiction, Obama's memoir and Malcolm Gladwell's "Outliers". Heather Sisman reads all the time. Keeps passing her books to me. I've tried a couple. I think there's a fashion in fiction writing and my taste may well be dated..Substance in the modern novel is often replaced with technically horrifying, sometimes disgusting for-the-sake-of-it detail In movies, camera work can be spectacularly beautiful but writing gets short shrift. Dialogue is totally predictable and boring.

At this moment, we are living through pulsing and vibrant history with a magnificent cast of characters. The plot is no doubt unfolding as it should. Dear Lord, let the end of this chapter not be predictable.. Books and movies can never compete with reality but it will be documented as history and made into movies . These are our times. We are the living witnesses. We can pass it on first hand to our children and grand-children because we were here.

It is ours to embrace

The Code in Practice? Or not?

At last night's general committee meeting, I asked about the status of the new windrow clearing program. I understood the direction given by council had been changed and I sought an explanation.

Council's decision was to provide the service to seniors and the disabled by an outside contract with costs to be recovered from participants in the program. Not much controversy there.

In an early discussion, we had been informed a contractor would need two hundred participants to make the program financially viable. Fifty residents had indicated interest. More were anticipated. But when the final decision was made, it seemed fifty no longer represented an obstacle to financial viability.

I was not assured. Since it was a try-and-see project which might result in the entire town receiving the service, it was my position there should be no charge to the subjects of the experiment. But council was firm in its position.

Christmas and New Year intervened. We received no updates on the plan's progress, as noted above. When the Town Hall re-opened, I inquired; how many people had signed up? was the program underway?

It was indeed. But without a contract. Thirty residents had registered. Public Works were providing the service with a plough-attached pick-up truck.

Last night, I raised the matter in committee and requested information to indicate the circumstances whereby council's direction came to be set aside in favour of a different plan.

Councillor Gallo was in the chair. Mayor Morris intervened. The issue was not on the agenda, she said. It could not therefore be raised. A resolution would be required to direct staff to submit a report.

Councillor MacEachern said she did not understand what the fuss was about over a matter of $2100. "Staff should be permitted to make decisions under these circumstances" she said.

That was odd, I thought.There was no fuss. My request was for information. I offered no conclusions.

It was an interesting exchange. The circumstances were not clear. Council gave specific direction. It was not followed. No information was provided to Council to indicate a change in plan or the reasons. No authority was sought.

What I know is as follows; the service was first proposed at the Seniors' Centre by Mayor Morris and Councillor Granger. Neither Council nor staff were consulted beforehand.

After several discussions and contradictory information, a decision was made to provide the service by outside contract and charge the cost to recipients.

That did not happen. Numbers registered indicated for corporate purposes, there was insufficient interest. Not enough to make it worthwhile for a contracted service as approved by council.

It was provided anyway.
dMy question was directed through the chair to the Public Works Director. Mayor Morris intervened and advised the issue could not be raised because the matter was not on the agenda. She further advised a resolution of council is required to direct staff to provide the information.

Under the Procedure Bylaw, Notice is required prior to presenting a resolution. Resolutions must be in writing. The schedule means such a resolution, if seconded, could not be considered until the end of January. The information would therefore not be forthcoming until February.If there was no seconder the matter would not be discussed. If seconded and defeated the information would not be forthcoming.

How Council's decision came to be changed would forever remain a secrect.

Enter The Code of Conduct. Stated purpose as follows:

• Decision making process is transparent, accessible and equitable.
• Decisions are made through appropriate channels of government structure.
• Public office is not to be used for personal gain.

The Code of Conduct has ten pages. It's chock-a-block full of such righteous statements. The Bylaw requires it to have been "read and understood" and signed TWICE by all members of Council. According to the Mayor, it was written by George Rust D'Eye, legal counsel retained by the Mayor and paid for by the town; $16,2000.

I do not believe Aurora's Director of Public Works took it upon himself to disregard and disrespect the decision of Council and thereby breach The Code of Conduct. But somebody did.

I am equally certain a comparative calculation could and should have been provided to Council as to cost of an alternate plan. even if considered justifiable, to clear thirty driveways with in-house resources.

Costs are identifiable. Wages plus benefits and support services from other town departments. We know the hourly cost of a truck in service. By now, we know time needed for a single run to clear thirty driveways in different locations throughout the town. The task must be taking employees away from other responsibilities. Is overtime involved? Did we purchase a plow?

In 2003, an election re-count which took a couple of ten hour days and one twelve, of staff time, withdrawn from other responsibilities, cost the town in excess of $21,000. It did not involve a truck with a plow .. It confirmed the original vote count and the efficacy of the machines and my election.

It refuted Councillor MacEachern's contention the machines were unreliable.

Since at least 2003, adopted policy requires administrative decisions to be made by a Management Team of Department Heads. I have no reason to believe the Management Team was involved in this decision.

Thus we are left only with questions. How and on what basis was the decision made to change or ignore the direction of council?? Was it done through appropriate channels of government structure as required by The Code of Conduct? I think not.

Why is the information having to be pried out like a winkle from its shell? Where is the transparency and accessibility required by The Code of Conduct? Is The Code worth anything at all?

What interest is being served? Is it Corporate or Political?

Whose ox is being gored?



Addendum:

Friday January 16th 2009.

It has occurred to me the Mayor's advice that a resolution of council is required to obtain information about the driveway clearing plan is not acceptable.

It is unlikely the service provided by the works department can be done at the same cost as a contracted service

The fee authorized by council is unlikely to cover the cost of the service..

No funds were provided in the 2008 budget to provide for the expenditure..

No funds are provided in the 2009 budget to provide for the expenditure. .

Spending outside a budget can only be authorized by council , A source of funding must be identified
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The decision was not likely made by Management Team Treasurer would have advised of the need for council authorization and to identify a source of funding

Because of the refusal to provide the relevant information about the status of the program, it is my intention to process an application under the Freedom of Information Act .

Not My First Choice

December 15th, hardly in keeping with the season, I received an email from a resident of Orchard Heights Blvd. “Resign,” he said, “so that the Town can move on.” He cited job losses, economic challenges and financial upheaval as important issues and said my focus is on “ridiculous and trivial” matters.

“You are out of touch with the needs of our community. The Mayor and Council of Aurora are looked on as a joke in this and other communities and you stand out amongst them,” he declared.

“In the brief moments I have watched you on T.V., your behavior is childish.” He declared his intention to do everything he can to ensure I am not on the next council.

The resident along with others, is simply exercising his right to be boorish. Ideas seem not to be at issue. There are seldom specific contentions. They focus on “declining years and mental competence”. My critics are usually nameless. Thoughtful commentary. is conspicuous in its absence. When I stopped posting personal abuse on my Blog, they transferred it to the Aurora Citizen.

I advised the resident the issues he referenced are the responsibility of senior levels of government. As to his intention to destroy me in the next election, I told him from the benefit of my experience,the best way to ensure a candidate's defeat is to put your own name on the ballot. But voters are particular.. They like to know something about a candidate's views. A campaign based solely on negative remarks about a rival is generally not well received.

I focus on my campaign commitments. Face-to-face communication with residents indicates my efforts are acceptable. Not being Santa Claus, I had no inclination to guarantee his yearned-for-opportunity to destroy me in the next election.

I wished him “All the Best for the Season and May Sugar Plums Dance On Your Head.”

I heard nothing more. The Aurora Citizen on the other hand, posted a flurry of rancorous, anonymous comments between Christmas and New Year about my age and declining mental powers..

In their minds, I am a miscreant. Aurora has never been better served they say. The exodus of all but one senior staff member is a sign of political expertise . No disagreement is permitted. All opposition must be stamped out wherever, whenever and by whatever means necessary. Insults abuse and character assassination are the weapons of choice. Facts must not be allowed to alter the picture.

If intimidation and coercion, with assistance from legal counsel retained at taxpayers' expense do not prevail, it appears pounding me with a sledge hammer into the ground like a splayed out wooden tent peg is the alternate.

The plan is flawed. A person of long life and experience is by definition a survivor. Eccentricities do not mellow with age.I still detest the things I always did. Mettle is tempered. For good or ill, the essence of character is formed.

Bullying, cowardice, lying, cheating, twisted psyches and just plain silliness are part of the human dimension. In positions of power untold harm is the consequence. With all the years behind me and consistent voter support, I have learned to fight it when the need arose. As long as there's a worthy target and my aim is straight, I will continue to do so.

Hurling the hammer is not a blood sport. It is not my first choice. But in the absence of intellectual challenge, it is a reasonably satisfactory role. Not to be sniffed at.

THE COUNTDOWN

Monday Jan 5, 2009. Second month of the Third year of this term of office. We are not exactly at the start of an Epic Arctic Expedition but events continue to unfold.

Neil Garbe joined the town administration as Chief Administrative Officer today. He left the Region of York. We wish him well.

John Gutteridge Chief Financial Officer of the Town of Aurora submitted his resignation to Neil Garbe today. We wish him well. The resignation would come as no surprise at the Town Hall. John will leave April 15. a reasonable time for the budget to be completed. It has not been the pattern of the past two years.

On another note, I received a phone call from a resident. He had heard of the removal of all traffic calming devices in the Town of Vaughan because of legal liability. He was excited by the prospect and wondered had he heard right.

I called Vaughan. Municipal staff are always cordial and willing to share. There is a moratorium on traffic calming on emergency routes. Transit routes do not have the devices. York Region has indicated the service will be withdrawn from streets with obstacles to safe and efficient driving and transportation of the teeming masses. I am assuming the Region's logic.

A speed hump has recently been removed from a street in Vaughan. A new home and driveway were located where there was a hump. The driveway had a downward slope causing the property to flood in the rain. The hump created a funnel. Neighbours were asked if they wished to have it re-located. They refused .

We chatted about "windrow'' clearing. All Vaughan residents receive the service. The cost represents one and a half per cent on the tax bill. They have run through all the options already. Provided it for seniors and disabled in need, had two contracts, one for the roads and one for driveways. Now they do it for everyone with a single contract but there are still problems. For a limited service needed for such a short season, the comparative percentage of the tax bite is humongous.

I called our work's department to see how our program has evolved. Turns out only thirty residents opted to use the service. No contract was let. Public Works is doing the job..

The answers create more questions . When Mayor Morris in tandem with Councillor Granger went to the Seniors' Centre to offer the service , no information was available about practical or financial feasibility. Subsequent reports have presented a confusing mix of info.

The snow plough contractor could handle the extra task but there needed to be a minimum of 200 driveways to make it viable. Those numbers turned out subsequently not to be an issue. Fifty seniors indicated interest.It was thought there might be more. Then council decided to charge a fee to recover the cost. When the contractor was involved and a viable number was 200, the fee was calculated at $7 a shot with an estimate of ten clearings a season.

Now, with only thirty residents participating , no outside contractor involved , town resources being used. no indication of a re-calculated fee, or any communication with council,even allowing for a two week holiday shutdown of the town hall, the situation is problematic.

I cant help thinking the sight of a town truck clearing a private driveway here and there might be raising a few eyebrows. I have received no calls but if I did,I would not have answers. As an elected representative, I believe I should be able to offer a straightforward explanation of a public decision made by council.

HOGMANAY

Hours remain of the old year. Knitting on the needles must be finished. Every corner of the house must be clear and clean as a whistle. Copper and brass must be polished and floors shining. In the past, there were not many corners or cupboards or much of anything else for that matter. But homemade wine, fruitcake, shortbread and being ready for the clock to strike at midnight filled the day with a sense of exhilaration and expectation.

Five years of war interrupted the age-old tradition. I left Scotland a couple of years after. Christmas was the mid-winter festival in England. For one reason or another New Year got short shrift in my house but projects were completed, the house was ready and shortbread fruitcake and suitable libations were on hand.

When the media took on a more prominent role in public affairs, looking back on the year's happenings and outstanding individuals featured in the news became an annual event. The media has the advantage of selecting what was meaningful and what was not.

Experience is undoubtedly a factor in my judgement but it's hard to see much positive in any review of 2008. Without doubt, the American Presidential election came out front and foremost. The entire world waited to see how events would unfold. It was history.

John McCain did not acquit himself in the campaign. One wonders, at a time that called for the best he had to offer, how did that man last as long in American politics? Did he lose his judgement overnight or was its absence obscured by the image of his "heroism"? How could a person of such limitation arrive at a time and place on the world stage with so little sense of what the task required?

Barack Obama on the other hand, was remarkably successful. So much so he seemed to be walking on water. He attained with limited background, the most powerful office in the world at a time when problems are as many and as bad as they could be. He has created great expectations. There is no room for hesitation let alone a false step.

So while the drama plays out on the world stage, at home we finish the knitting, clean every corner, polish the copper and brass to gleam in the flickering firelight. We clear out the rummage from the old year and cheerfully wish each other "All The Best in the New."

All we have to go on is hope, good cheer and being ready. Oddly enough, it seems to be enough.

Code of Ethics

The Code of Conduct is in place. There appears to be a glimmer of understanding it is not the weapon hoped for. The process is straightforward but not simple. The cost is an annual retainer plus actual time spent dealing with a complaint at a rate commensurate with legal fees. We have not yet seen an agreement. No estimates are available. Suffice to say, it will not be cheap and whoever files a complaint will be responsible for the extra burden on the taxpayer.

The first requirement is for a complainant to sit down with the person complained against to discuss the complaint. The response may be an apology - or not. If not, the complainant must submit the complaint in writing, accompanied by an affidavit, to the Integrity Commissioner.

The Commissioner will decide if the matter is within his mandate. If so, the alleged offender is given ten days to respond to the written complaint.

Then complainant is required to respond in writing to the response within ten days of receiving it.

The person complaining is advised to obtain legal advice before making an allegation of a conflict of interest. I fancy it would be wise to consult with a solicitor before making any allegation of bad conduct against an elected official. Written allegations of wrongdoing could well be harmful to a person's character and reputation. It is unwise without giving serious consideration to potential consequences. Laws of Libel and Slander come to mind. Being complained about could very well become a complaint against a complainant.

Section 2 of the Code deals with Confidentiality. Breach of Confidentiality was the reason given for retaining George Rust-D’Eye to “investigate” a leak. The definition in The Code carries an interesting qualification - “If disclosed, could result in loss or damage to the Corporation.”

That phrase is a key distinction. I previously took up the question with our former Director of Corporate Affairs. More than once. What responsibility does a councillor have to keep decisions made behind closed doors secret, which do not cause “harm or loss to the Corporation”? The non- answer was, “That's a good question, Evelyn” Never fear, it is now stated in the Code. Stuff can only be kept secret if.it may cause harm or loss to the Corporation. I doubt that can be interpreted to cover the collective posteriors of elected or appointed officials.

Section 3 deals with Communications and Media relations. It states, “Members of council will accurately and adequately communicate the attitudes and decisions of council even if they disagree with the majority.” Now there's a tricky situation. My colleagues are not likely to appreciate my conjecture about why they made a particular decision .. I believe Rules of Order prohibit a councillor from interpreting another's reason. It might be uncomplimentary and that's a no-no.

Section 4 states, “Members of Council shall acknowledge and respect that staff work for the Town of Aurora as a corporate body and are responsible for making recommendations that reflect their professional expertise and corporate objectives without undue influence from any individual member.” There's more along those lines. It has a hollow ring considering events throughout this term of council.

How The Code might evolve from this point on could be very interesting.

God Rest Ye Merry Gentlemen..Let Nothing Ye Dismay

Jag Baduria is a name some readers may re-call. He was elected as a Liberal to Jean Chretien's government from a Markham riding. Certain embarrassing factors emerged later. Furious voters demanded he be unseated and a new election held. Instead he was expelled from the Liberal Party and isolated in Parliament.

In times past, a member so disgraced would automatically resign his seat. Our culture however continues to evolve and traditions fall by the wayside. Jag Baduria stayed put until the end of the term.

When he was expelled from the party a couple of Liberal MPs of colour accused their party of racial bias. He sought the nomination a second time. He still had supporters.

Comments to the Blog indicate dissatisfaction in Aurora with the state of things. People keep asking what can be done. The simple answer is - NOTHING - until the next opportunity to cast a vote.

No recommendation will be forthcoming from the provincial government to change a decision made by the voters in a duly certified election. We do not live in a Banana Republic.

In the face of lost confidence, a provincial or federal government is compelled to resign or, to avoid an election on top of an election, hand over to a majority coalition. This week in Ottawa, Prime Minister Harper had to ask the Governor General to prorogue Parliament to avoid a confidence vote. It's only a stay of execution Either he learns to consult with her Majesty's Loyal Oppositions to ensure support for his policies or his fate will be sealed in January. Either way, he has lost face. His leadership days are numbered.

There is no forgiveness in politics. The game is played hard and for keeps. Every play is critical and chancy. It is not for neophytes , struggling intellects or namby-pamby personnas..

Joe Clark will forever be known as the shortest-serving Prime Minister, because he presented his first budget without ensuring enough government members were in their seats to support it. They had barely warmed the benches. The Liberal opposition, doing what an opposition is supposed to do, spotted the gaffe, called in their forces and the Clarke government was history. A new election was held and Liberals won again.

And so it goes.... Things used to be better at the municipal level. We elect nine people hopefully with independent judgement. We are not controlled by party discipline. Because we live among the people who elect us, communication flows.. Even easier now with Blog. If councillors have aspirations, it is wise to listen to tax-payers and be able to justify decisions. Our biggest current problem is the length of the term of office.

Our present situation dispels all logic. In the last election, we had several coalitions intent on electing candidates who would best serve their separate interests. The Coalition of Ratepayers was organised by Susan Walmer, campaign manager for mayoralty candidate Phyllis Morris. The election produced a majority block of councillors beholden to their leader. The Mayor did not win a majority at the polls but still fails to recognise the handicap.

Rampant power rests in the hands of one individual. There are no checks or balances, no rules; no separation between administrative authority and political imperative; no shame; no conscience; no sense of fairness or accountability; no perception of consequences and no relief for two more years. The price paid will be high.

'Tis the Season!

In the little town of Aurora, stars on the Christmas tree lit up on Wednesday evening. Every year is more exciting than the last. The Salvation Army came with their band and we all sang carols for an hour.

Hot chocolate was served from the Sally Ann trailer. In the town hall, children made decorations for the tree. After the lights came on they climbed the stone wall and hung them on the branches.

Rosy-cheeked babies in strollers laughed and clapped hands with glee and called out to Santa. The Town Crier in his red and black medieval garb, vellum scroll and brass bell welcomed the season with loud acclaim.

Barbara Stoecklin looking every inch Mrs. Santa in her red mob cap, shiny gold rimmed glasses, sparkling eyes and beaming smile, invited the children to the Seniors’ Centre for freshly baked gingerbread and a reading of The Christmas Story.

Cars were parked as far as the eye could see on both sides of John West Way. The children were small, their parents young. Everything was exactly as it should be. The Sally Ann Kettle hung in a prominent place to gather funds for a kindly cause.

To see the Town Hall fullfill its every promises would have warmed former Mayor John West's heart. Grace Marsh, chairman of the initial T.O.A.S.T. committee would have shared his satisfaction in the super planning for the smallest among us.

The funds to purchase and strategically plant the courtyard tree, the focus of the evening's celebration, were raised by TOAST (Town of Aurora Staff Together).

The Christmas tree was their first project. For the past fifteen years they have been making their contribution to needs as they find them. They worked with P.A.C.T. (Police and Community Together) to make the Children's Safety Village at Bruce's Mill a reality and an amazing success.

This Christmas, town employee members of the committee will shop for thirty-two Aurora children who would otherwise not have a visit from Santa. They will provide a specially trained dog for a seventeen-year old girl who suffers from epilepsy. The need was urgent and TOAST took care of it.

The largest part of their fund-raising comes from an annual auction. In 2008, it was down two thousand dollars; no doubt a reflection of hard times.

TOAST is not the only caring organization in town, but it is an example of how people in an otherwise impersonal employment situation come together to create a family environment, look out for each other and anyone else who might need their help.

Like the Christmas tree lights, the seniors’ freshly baked gingerbread, the Salvation Army band and the kettle, they cast a long shadow in the lives that they touch.

Birth of the Code of Conduct (and other stuff)

I am never surprised but always intrigued to read the Mayor's responses in the media on any town issue. Last week's quotes on Code of Conduct were no exception. There was reference to lawyer George Rust-D'Eye having been retained to “investigate” after “privileged information was made public.”

The night he was retained, Mayor Morris refused to disclose precisely why. “Ah no, Councillor Buck. You will not drag me into that” she said in answer to my respectful inquiry.

The “leak” referred to above appeared three months after a decision was made behind closed doors. Mr. Rust-D' Eye never did ask if I was the source. Neither, I believe, was The Auroran queried.

Residents may recall the news story that council refused to sell land we had for sale to York Regional Police as a site for new York Regional Police Headquarters. Even now I shudder to contemplate what we lost.

The decision was made in September, following a meeting with the Chief of Police and the Regional Chairman. In November, there had still been no disclosure. Why would a leak take three months to filter out? Why, in that time frame, had the matter not been “reported out” as required by legislation governing public decisions made behind closed doors?

Fast forward twelve months; there is still no public record of the fact Council refused to sell land at the appraised value to the Region for a Central Police headquarters.

The Region and the Regional Police Department knew the facts. Why should it surprise anyone a story like that might be the talk of the town and eventually drift back to The Auroran.

From thence came an allegation of “a leak of privileged information.” The Mayor retained legal counsel to “investigate”. By -the-by we have no reason to believe the action was in accordance with Administrative Policy No. 50, the Town's Procurement Policy which governs how public funds shall be expended.

The night the decision was made not to sell the land the vote was four to three to direct the CAO to continue discussions leading to a sale. One councillor was absent. The Mayor voted against and created a tie thereby defeating the resolution.

Invariably, when an issue emerges which may reflect unfavourably on the Mayor and her loyal band, shouts of Mayor-Bashing are heard throughout the land. Lawyers are retained and the hunt is on to catch the dastardly villain who has failed to act with proper decorum and discretion. The focus of attention is redirected.

As a consequence, we now have a Code of Conduct. Staff spent time to research and write it. According to the Mayor, we spent an additional $4000 for a legal review of staff's work by Mr. Rust-D'Eye. I did not know that. We have retained an Integrity Commissioner to deal with complaints against councillors. We do not know specifics of the terms of his contract. But the Mayor already has a work schedule prepared outside of the complaint process.


In summation, A leak of privileged information was presumed. We retained legal counsel to “investigate”. Results of “the investigation” were never released. We paid a legal bill of $16,200. We did release Mr. Rust D'Eye's recommendations There were two; we could appoint an executive committee composed of all councillors except one or we could adopt a Code of Conduct with penalties for non-compliance.

Council directed staff to prepare a Code of Conduct. According to the mayor we then paid George Rust-D’Eye $4000 to review the document. Presumably, with wisdom and decorum, it was read, understood, signed by eight out of nine councillors and passed into legislation as a Town Bylaw. Even though., as it eventually transpired, it contained unenforceable requirements. So much for the $4000 worth of legal review.

Now the Mayor informs us in the media more tax dollars will be expended for the Integrity Commissioner to review the document again and “make amendments if necessary”

If the Mayor's quotes are accurate, directions have already been given to the new Integrity Commissioner without the authority of council If the Commissioner is not sufficiently aware of how a municipality functions to understand that a Mayor has no authority to act except through a resolution of council, can we realistically expect improvement over our current situation?

The saga continues to unfold.