"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

Sunday 19 June 2011

Conflict Of Interest

I am asked to comment on Conflict of Interest  charges against the former Mayor

I have a precedent.

On or about  September 12th 2007, York Regionl Chairman and Police Chief  came to a  closed  meeting  to talk about buying an additional  parcel of land to establish Regional Police Headqaurters. A parcel had already been purchased with a clause in the agreement of sale that needed to be adjusted to accommodate a second purchase.

Great news for Aurora. Hundreds of well paid jobs. Potential clients for our economy. 

Ata subsequent meeting of council, also behind closed doors the vote failed  to give the Chief Administrative Officer  direction to proceed with negotiations.

The Mayor, with a knowing look  gave assurance the deal would proceed.

It did not. By November it was obvious.  The deal was dead

I inquired when the decision would be made public. Regulations provide for real estate matters to be discussed in private.  Decisions  must be reported out.

Municipal interest  must be protected in negotiations of sale or purchase of land.

Protecting political  interest when a fantastic opportunity has been blown  is not a factor.

Three months went by.  Erstwhile plans to locate headquarters  in Aurora had been  known throughout police officialdom. Eventually, the story was  a headline in The Auroran.

Ever predictable, if something occurred to reflect unfavourably upon Ms Morris, a great hullabulloo was created to distract attention from the real issue.

Council was new. Not much different from the present. Most without political experience.  Eager to be the best they could be. Being elected is a humbling experience. It brings out the best in most people.

An emergency meeting was declared at the beginning of  a Council meeting.  It was announced Mr. George Rust D'Eye  was present. He would attend upon council at the in-camera meeting. 

I  requested the purpose of the meeting be disclosed.

"Ah  no Councillor Buck" the Mayor replied. "You will not draw me into that"

The Municipal Act requires that. But no matter. The Clerk had only two years to go until retirement. Council proceeded into the back room without the necessary disclosure.

The meeting did not commence immediately.The Mayor escorted Mr. Rust D'Eye to my place at the table and informed me of his wish to speak with me.

I encouraged him to do so.

The first comment was a question." Have  you retained a solicitor?"

I answered with a question. "Why would I do that?"

It was not being suggested, was the response.

The next and greater part of the discussion was about  new legislation governing Conflict of Interest.

Serious penalties had been added to the Act. Realising I was still not following the gist Mr. Rust D'Eye spelled  it out in more detail.

If I attended the meeting, and litigation should result from the meeting, and I heard something  during the meeting that might be to my financial  advantage, should litigation result from the meeting then I would be in a Conflict of Interest from having heard something to my advantage.

Finally, the light dawned.Why was I allowing this man to speak to me at all.What right did he have to say these things to me.

"That's a meeting of council in there" I said

I am a member of council" I said

"I intend to attend a meeting of the council of which I am a member and that's where I am going this minute"

I arose from my chair and proceeded. Mr. Rust D'Eye followed.

Three years later, Mr. Rust D'Eye is again called to advise  a new Aurora Council  in the matter of payment of legal fees incurred by the previous council to finance litigation against three members of the community by the former Mayor.

The same Mayor who brought Mr. Rust D'Eye around the table to  advise me I should not attend a meeting where I might hear information which might be to my financial advantage should litigation result from the discussion being held behind closed doors, the purpose of which was not declared in  public beforehand in accordance with regulations of the Municipal Act.

Neither had there been authority to retain the services of Mr. Rust D'Eye. No elected member has spending authority within the policies of the Town of Aurora.

Irony continues.

Mr. Rust D'Eye has currently  noted, possible Conflict of Interest by the former Mayor in the executive summary of his investigation of events leading up to town liability for $64,000. in legal fees.

Three years since  Mr Rust D'Eye  was brought to my side by the former Mayor,to persuade me from attending a meeting where I might "hear" something to my financial  advantage, if litigation should result from the discussion therein.

Now we have a closed meeting called by the same Mayor, to hold  a discussion initiated  and participated in by  herself  and a decision made to  retain legal services at  town expense to act to her
personal financial  advantage.

Readers can form their own conclusion .

2 comments:

Anonymous said...

Me thinks I smell a Royal Goose getting cooked

Anonymous said...

It is interesting to think about the former mayor in a conflict of interest of a pecuniary nature.

What is even curiouser is her claim at being defamed. Possibly it is the town of Aurora that was defamed by her.

Ironically the town has paid out $55,000 to allow her to advance her claim.