"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 5 May 2010

I Digressed

An alternate term for Breach of Confidentiality, is Breach of Trust.

It's a Criminal Offense. Charges can be laid under the Criminal Code of Canada.

A charge is not a conviction. A judge makes that determination after listening to legal arguments.

But first, a determination has to be made by the appropriate official about intent and impact and the merits of laying a charge.

I do not claim proficiency in law. I have the same sense of logic and fairness as any other citizen. In addition,I have experience acquired over many years as an elected official.

I am as capable as any of determining public interest.

It is as follows;

In matters of litigation, the town takes legal advice. From time to time,Council must give authority for certain steps to be taken. Councillors must be informed. Conveying such information to a party litigating against the town is a Breach of Public Trust.

It might be inadvertence.

It might be mischief.

It might be information traded in consideration of financial exchange.That's the baddy

Whatever the reason, if the town's interest is compromised, a person could be found to be in Breach of Trust.

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

Two other aspects of town business qualify for confidentiality.

The first is individual right to privacy .

The second, labour negotiations.

Bargaining in good faith is required by law.

If Council gave authority to an hourly rate increase between two figures and a Councillor conveyed the figures to a union representative, the municipality's interest would be compromised.

That would be a Breach of Trust.

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

In the matter of individual right to privacy:

If an employee is terminated and decides to sue for unfair dismissal. The issue of course becomes the subject of litigation.

A Councillor may become possessed of particular details.

Under Rights to Privacy and because of litigation or potential litigation, the municipal interest may be doubly compromised by public release of details detrimental to the employee
or conversely, detrimental to the interest of the municipality.

That would be a Breach of Trust.

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

There's nothing complicated about the principles.

Most people, in their daily lives, have to make decisions about their own , their family or their business interest. As citizens of a society long governed by law, we have an intuition about what is right and just. Common Law is based on exactly that.

What we have to look out for in municipal politics are decisions made behind closed doors that do not belong there

A closed door session used improperly for the purpose of suppressing the public decision-making process, I think, is a Breach of Public Trust as surely as all the rest.

No comments: