Philip Mcleod

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BS deflector will be needed

BLOG #713: City council members will be shovelling it high and wide tonight when Ontario’s ombudsman pays a visit to the strategic priorities and planning committee. One wonders just what smell they are trying to cover up?

Monday, Aug. 27, 2012 – London

Let’s hope the Ontario ombudsman has his BS deflector screwed on tight when he comes to explain his responsibilities to London city council this afternoon. Because, according to reports, he’s going to get quite a pile of it flung his way.

Andre Marin, as you may know, in his capacity as ombudsman has also been appointed the closed meeting investigator for London. His meeting with city council’s strategic priorities and policy committee – which is just a fancy name for the entire council meeting as a committee – is in that capacity.

The meeting follows the investigation and subsequent scathing report Mr. Marin conducted and authored around the so-called Harmony Six – six members of council who lunched at Harmony Grand Buffet just hours before they would be among the eight votes required to approve the 2012 budget with had no tax increase. Seven other members of council voted against it.

So here’s the BS coming Mr. Marin’s way:

-- This investigation costs taxpayers too much money.

Dale Henderson, councillor for Ward 9 and one of the Harmony Six, rarely misses an opportunity to make that charge. He doesn’t say how much money the Marin investigation cost London taxpayers, but whatever it cost was too much.

What it cost is a number that should be near and dear to Mr. Henderson’s heart: Zero.

Three years ago the provincial government decreed Ontario municipalities had to appoint an outsider to investigate any complaints from the public about improper closed meetings as defined by the Municipal Act. They were given a choice of either hiring some qualified person of their own choosing – in which case the municipality would be on the hook for all of the relevant costs – or they could use the ombudsman, at no cost.

London picked the ombudsman. So the cost of all of his investigations is covered by the allocations made by Queen’s Park to his office. There is no direct, separate cost to London taxpayers.

-- The names of people who register complaints with the ombudsman should be public.

This is Stephen Orser’s favourite hobby horse next to trying to get us to pay him more money because he works – so he claims – full-time. Councillor Orser, one of the Harmony Six, desperately wants to know who ratted on him.

Councillor Orser argues a person charged has the right to face his accuser in public.

But the ombudsman does not, cannot in fact, lay charges against any person or any city as a result of his investigation. All he is empowered to do is to write a report which the city is obliged to make public as soon as it is received.

So it’s not clear why Councillor Orser is so worried about this. Has he got something to hide?

Even at its most sinister – which is scarcely a word one would use – ombudsman investigations are nothing like a police inquiry. Police do use secret snitches who never appear in court. It’s called Crime Stoppers, a concept of informant secrecy one presumes Councillor Orser supports.

-- Individual councillors could be investigated or charged by the ombudsman.

This is a complaint Joe Swan, the councillor for Ward 3, filed with council’s finance and administrative services committee. Councillor Swan apparently was invited to the Harmony luncheon but didn’t attend.

Possibly he knew better. Certainly he should know better than make the allegation he did.

The ombudsman does not investigate council members. In this role he only investigates whether a meeting held by council members constitutes an illegal gathering or not. There are a series of rules and conditions which govern that.

This matters, of course, because groups of council members deciding things in private violates the right of citizens to see the business of their community conducted in an open and accountable way.

By the way, after his investigation, Mr. Marin concluded the Harmony Six luncheon was not an illegal meeting.

However, as he reported Aug. 2: “The attendees do not appear to have given much thought

to public perception or the potential for questions to arise around the fairness of

the subsequent committee and council proceedings.”

And that’s no BS.

 

You want WHAT?

You wonder, sometimes, where peoples’ heads are. That’s the only way to look at the request by the board of city-owned London Hydro for a raise in the chairperson’s stipend from $10,000 to $25,000 and the board members from $6,000 to $12,000. Plus an increase in their meeting per diem from $600 to $800.

This at a time when, after two successive zero increase budgets, city managers have had raises, workers raises have been scant, there have been layoffs and services have been trimmed.

Council shouldn’t waste much time saying no.

Comments   

 
#8 Get your facts straightTown without Pity 2012-08-27 19:53
Hey arrogant Leila Paul. There's no shortage of examples of lawful anonymous complaints to authorities.

Municipal property standards complaints, provincial Highway Traffic Act complaints, Crime-Stopper tips, RCMP tips, animal welfare complaints, a variety of whistle-blowing legislation complaints, welfare abuse hotlines and yes, anonymous complaints to the provincial ombudsman as stipulated by Ontario's Ombudsman Act.

As usual, get your facts straight before you start flapping your quivering lips.
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-4 #7 To: Anonymous town Without PityLeila Paul 2012-08-27 19:13
Hey Brave Town Without Guts - Face your accuser, or know the identity of the accuser also applies in anything not just criminal proceedings. It's a matter of procedural fairness and also a matter social fairness - something you obviously reserve only for yourselves.

And when people accuse you, all you anonymous brave people if they ever find out your identity - they too should remain anonymous.

But you one or few with multiple aliases - you all win. I no longer will speak for anyone or any issue. From now on, you've got complete freedom to let your accusations fly wildly and furiously. You've got free rein where I'm concerned. Knock yourself - or selves - out. Enjoy.
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+6 #6 London Hydro LargesseGord Drimmie 2012-08-27 12:28
The requested increases by the Board of London Hydro are nothing short of insulting. It shows an extreme level of arrogance and entitlement.... .and is, in short, nothing more than an attempt to get aboard McGuinty's largesse when it comes to anything dealing with electrical power rates. I don't know what the history of the Board's compensation is.....nor do I care. Their request is totally without merit and should be rejected out-of-hand. In fact, if I was the Mayor, I would contact the Board Chairperson and suggest that the Board consider simply withdrawing the request.

If we need another example as to why Public Sector employees are totally out-of-touch with reality, this is it. How absolutely unbelievable.
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+3 #5 Face-your-accus er nonsenseTown without Pity 2012-08-27 11:42
The bit about "facing your accuser" normally applies to criminal proceedings only.

To try and apply it to complaints to the provincial ombudsman regarding Open Meetings/ Closed Meetings is patently absurd.

Once the 'Harmony Six' admitted they were all at the pre-budget meeting on Feb. 21, 2012, why would they want to "face their accuser" except to try and intimidate them?

End of story. It's a complete red herring/ smokescreen.
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-8 #4 Is London Still in Ontario?Leila Paul 2012-08-27 07:00
If we pay taxes to the province then Marin's investigations are still being funded by London taxpayers. Whether or not each investigation is allocated a specific amount, the Ombudsman's staff still spends time on an investigation perhaps neglecting other issues or hiring investigators to make queries.

As for policy being decided in private - what of far more crucial and expensive decisions, such as provincial or federal legislators? They have far greater influence on our lives and are out of reach of such complaints by citizens or investigations of their practices in decision-making .

Feds can take us into wars costing blood, agony, lives and millions of dollars because the PMO and his cabinet are catering to lobbies in their constituencies.

And complainants should be named as in any other allegations or commissions that have investigative powers and rulings.

As for London Hydro's directors increases: Hell No!
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-1 #3 StripendsEndertured Servant 2012-08-27 03:50
A stripend is an amount of money a spouse or dependant is allowed to earn without it being concidered taxable income. Traditionally, a housewife would be permitted to sell cosmetics or teach the neighborhood children to play piano, so she could earn a stripend for herself. ... I don't mind this idea, except for the fact the the Province of Ontario in co-hoots with the fed's seem to think that child support and baby bonus payments are income from earnings and claw them back 100% from a social assistant recipient, and anyone married to an odsp recipient, or child over 18 who doesn't move out, has to report their earnings and 50% is deducted...TALK ABOUT BEING TAXED!!!
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+6 #2 Marin meeting with CouncilSteve Shillington 2012-08-27 02:52
Is there any doubt it will be time for Ward 9 residents to, once again, don the paper bags of embatrassment on their head by tomorrow night?
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+3 #1 Orser's on a kamikaze missionTown without Pity 2012-08-27 01:51
Ontario's Onbudsman has been deemed the top public sector lawyer by the Canadian Bar Association, yet Ward 4 Showboat Coun. Orser calls him a "showboat" in a recent Metro story.

Orser's clearly on a kamikaze mission of some sort. Anyone else would be too embarrassed to act the way he does (think Grade 3).
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