"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

Saturday 29 August 2009

That Was a Week that Was.

Just because nothing appeared in this space didn't mean I wasn't occupied in front of the computer.

There's not much noise emanating from the Town Hall these days. .

The Chief Administrative Officer has informed Council he is appointing an Acting-Clerk to take the Clerk's place when she retreats from the scene on August 31st.That's Monday.

I called the CAO to inquire who the "Acting-Clerk" might be.

This is where keeping you informed as is your right becomes enmeshed in the right to privacy of an employee.

The Town Solicitor will be Acting-Clerk.

Municipal employees are entitled to the same degree of privacy as any others. Even more I think because they are public servants in a small town where they may very well reside...with spouses and children as part of the community.

Still, you are entitled to know about town affairs. But...I must be meticulous.

I have had no conversation with the Clerk since announcement of her retirement. I would not expect disclosure of anything to indicate conflict. Nor would I ask.

Understanding the role of Clerk, I am not surprised the situation became untenable. It has for others.

I have referred before in this space to the Clerk's responsibility to advise council in upholding Bylaws and Provincial Statutes. There are other legal responsibilities as well.

Knowledge, competence and the strength that comes from confidence are all skills needed to keep a council working within the law without a hint of interference from staff in the political process.

Traditionally, the Clerk is seated at the elbow of the presiding member to allow for discreet intervention when necessary. No person can participate in debate without recognition from the Chair. If council debate shows sign of going off the rails, opportunity for subtle input must be available.

Credentials of a Clerk are certified by successful completion of a recognized course of study provided by Queen's University in Kingston.

Until this term, I have never had to consider the many and varied skills of the job. I have never known a Council that failed to acknowledge the Clerk's legal responsibilities and essential advisory role.

So now where are we?

The Clerk returned from two weeks vacation in the second week of August. The day after Council were notified of her pending "retirement" on August 31st.

The previous week, the Deputy-Clerk left the town hall and has not returned since. A series of happenings had taken place.

In reply to an inquiry from Councillor McRoberts, the Deputy-Clerk responded the Integrity Commissioner's decision had been copied on pink paper, placed in plain brown envelopes in each Councillors' box in a secure room.

Twenty minutes later, that advice was" re-called " The envelopes were retrieved from the boxes and the decision was no longer available.

The following day, I attended the Town Hall and requested to speak to the Deputy-Clerk. I had requested the decision be provided the day before without success. I received an e-mail under the Deputy's hand informing me "the decision" would be available at the "Special" meeting called by the Mayor.

The Deputy was in the office when I came to the Town Hall. We did not meet.

Instead, the town solicitor moved back and forth between his office and the Mayor's and finally emerged to inform me, the determination had been made by himself as Acting Chief Administrative Officer that since the Deputy had not been appointed Acting-Clerk by Council, there was no authority to release the document to myself.

Announcement was made of "stripping the director of his powers" following the Mayor's "Special" meeting.

On Monday, the Clerk returned to her office, the Director's decision was provided to me in accordance with the authority that was his to make and the Clerk's responsibility to follow.

On the following day, announcement of the Clerk's "retirement" was circulated.

Despite three week's notice, no recruitment to fill the vacancy commenced. No "Special" meeting of council was called to deal with the emergency.

Despite several month's notice from former Chief Financial Officer.no recruitment took place then either. Notice was given on Jan.5th to take place on April 15th. In an in-camera meeting , in early April, Council were informed a Chief Financial Officer an "Interim" contract of twelve months had been provided with hopeful anticipation the appointment would become permanent.

Despite that such an appointment is made by Bylaw and can only be approved by Council, no previous information was provided, no approval was sought from Council prior to the appointment being made.

Not even behind closed doors.

8 comments:

Anonymous said...

Evelyn, I thought only Council could make an appointment? Isn't the Town Solicitor going to be in a conflict of interest?

Anonymous said...

The point Councillor Buck appears to be making is that the business of the town has been taken out of the councils hands. It appears there is no one within the Administration with the appropriate credentials to act as a town clerk. So why has the Administration taken on the job of appointing the Town Solicitor to act as the Town Clerk?

Anonymous said...

What we have is a malevolent autocracy. I don't want to see it continue after November, 2010.

Anonymous said...

Is the Deputy-Clerk on holiday? On paid leave? Fired?

Anonymous said...

http://www.amcto.com/home.asp for more information as to what the Clerk's position entails please visit the above site.

Just because Mr. Cooper is a lawyer certainly does not qualify him for this position. You need the to meet the criteria of a Municipal Clerk as well as have extensive experience, such as the 30 years experience we just lost when Ms. King retired.

I do not have faith in this decision, that the responsibilities of the Municipal clerks office will be carried out accurately.

Just another aberation of what the GOS and administration are doing on a daily basis.

Anonymous said...

Is the Town Solicitor even allowed to take on this position? Isn't it legislated? Isn't this just all out wrong?

Anonymous said...

From reading this posting, am I given to understand that the town solicitor is the acting CAO AND acting town clerk?
Is this legal and even if it is not, who would not consider this state of affairs to be HIGHLY irregular?
This becomes more serious by the minute.

Anonymous said...

Why not make Mr. Cooper do triple duty by being the new Integrity Commissioner as well ? Now wouldn't that be cosy in addition to being the clerk and town solicitor. The tone sure has been set, so why not pull out the stops ?