"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

Wednesday 3 March 2010

Another Chapter.

I asked Bob Panizza, clerk before last and before current clerk, more than once, whose responsibility is it to decide, when a closed door issue is entitled to confidentiality. He would look at me with his Cigar Store Indian expression and answer;

"That's a good question, Evelyn"

I am familiar with that non-answer.

He wouldn't hesitate however to interject, if council discussion behind closed doors strayed from the issue stated on the agendas as the purpose of the meeting.

At the beginning of this term, Bob had only two years left to serve before he could retire with a full pension.

I figured he had a calendar in his desk drawer which he marked off every night before he left the office.

We are on our second clerk since he left.

I had to decide for myself which items required confidentiality in order to protect the town's interest or privacy of an individual.

George Rust D'Eye when he reported to Council after he was retained to "investigate a leak"
from a closed meeting didn't think I had that authority. He didn't investigate a leak either.

Mr. Rust D'Eye was a solicitor in Toronto's legal department for years. He was very confident of his own authority.

So, from time to time I have had to gird myself for a potential battle of principle.

To-day is one of those times; last night the Mayor invited a lawyer who is not retained by council. into our closed door meeting. He sat alongside a lawyer who is.

His opinion was sought.

From my perspective it was neither welcome nor accepted.

It was clearly intended to influence proceedings. I believe it did.

A resolution passed later in the open meeting, with intent not stated, was to my mind an opportunity for something to be done with "confidentiality" to which it was not entitled.

The solicitor, Mr. Rod Northey has recently been retained by the opposing residents of the Westhill Development application. He has repeatedly sought approval for a Joint Board Hearing
Each time he has failed.

These facts are a matter of public record.

The residents have decided they will go no further and pay no more.

There is no secret about that.

In a previous "confidential" memo, Council were advised of means whereby the town could
compensate opposing residents for costs of their legal battle. Or take over the fight complete with services of the lawyer and his team of experts.

I objected to that being discussed behind closed doors.

The idea was not pursued.

Apparently it has not been abandoned either.

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