"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

Monday 18 February 2013

Uneasy Lies The Head

A huge uproar ensued at the Council meeting following The Auroran story about  refusal of the  opportunity for Police Headquarters to locate in the town on land we had for sale.

The Mayor declared an emergency requiring yet another in-camera meeting.

Despite a requirement of the Municipal Act  to disclose the nature  of a closed meeting , a request  was refused.

"Ah No, Councillor Buck " she said. "You will not drag me into that"

A solicitor retained by the Mayor was on hand to advise but before exiting  with the rest to the back room, he was brought around   to my seat  where  I was informed by the Mayor he wished to have a few words.

I had not risen from my chair . It seemed to be their  desire I should do so and leave the room.

I didn't.    "If you wish to talk to me grab a seat make yourself comfortable" I said.

think "comfortable" was not what he had in mind.

"Had  I retained legal counsel " he asked 

"Why would I do that " I asked 

"Oh, I'm not suggesting it" he said.

Then he informed me of  changes in the Conflict of Interest Act.
How much more serious were  the penalties in the Act  than  had been previously.

I was still waiting to  discover the purpose of the  few words. 

Finally he  reached  the point. 

If I attended the closed meeting, he said, and litigation should ensue, I might hear something that would be to my pecuniary advantage and that would constitute a Conflict of Interest. 

Remember....the Mayor had refused to state the purpose of the closed door session. Identifying it only as EMERGENCY .

I realized the purpose of "the few words" with the solicitor retained and instructed by the Mayor.

My presence at the meeting was clearly not welcome. 
 
It would be inconvenient for  me to hear what  they planned to discuss with the solicitor on hand at town expense.  

I rose from my chair.  A Council meeting is being held. I am a member of Council. I intend to attend the meeting. 

I left him to trail behind me as I made my way.

The conversation with the solicitor took place in the Council Chamber. It  took all of fifteen  minutes.

Staff,  citizens, and the press were present..

The Mayor was seen  escorting  the  solicitor to my side and making an introduction. They watched.They saw how long he spent  in consultation. 

They would  not necessarily  know the Conflict of Interest Act was being cited as a reason for me not to attend a meeting, the purpose of which was refused to be stated by the Mayor. Also a requirement under  the Act.

The story in Maclean's about  London Council's  closed session  to award themselves Queen's Jubilee medals prompted the memory. 

That and the decision I still have to read  that,  in Councillor Ballard's word "exonerates"  the  former Mayor of Conflict of Interest under the Municipal Act of Ontario. 

The same Mayor who, to prevent me from attending to discover what they were about,  brought a solicitor to my side, at the expense of the municipality, to advise, of a Conflict of Interest if I attended a closed meeting from which "litigation might ensue" 

No litigation did ensue from that matter.
No Conflict of Interest.
But they were not content.    
       


1 comment:

Anonymous said...

Realizing that this is all in the past, but if I was in a situation that a lawyer asked me if I had retained legal council and did not, the first thing that I would do would be to get legal council.