Aurora Citizen

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Archive for the ‘Code of Ethics’ Category

Toronto Star Editorial Weighs In

Posted by auroracitizen on August 13, 2009

EDITORIAL: Aug 13, 2009 04:30 AM
TheStar.com

Aurora losing its aura?

Aurora rarely gets a second glance, but the bizarre behaviour of town council in recent days merits a double take. A war of words on the web and a bruising battle at city council has culminated with the outlandish firing of Aurora’s integrity commissioner.

The surprise sacking of David Nitkin by city council – he served as ethics watchdog for barely two months – came just one day after he submitted his first formal report. Nitkin had dared to defy council by rejecting a bitter complaint against its most outspoken member, dismissing it as a politically motivated affair.

The target of council’s wrath was maverick councillor Evelyn Buck, 80, who has embraced blogging with a blunt style that gets under the skin of her rivals. A 40-year veteran of politics, her passionate web posts are the talk of the town – one reason why council wants to rein her in.

But when the watchdog refused to muzzle the maverick, he found himself in the doghouse. Aurora council is making a mockery of the integrity process and providing more grist for the blogosphere.

Writing in her blog yesterday, the irrepressible Buck neatly summed up council’s public relations blunder: “All they did was prod me with a pointy stick and create another unholy mess for themselves.”

Aurora’s aura of good governance is on the wane.

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Posted in Code of Ethics, Integrity, Leadership, Town Council | 78 Comments »

Mainstream Media Coverage Continued

Posted by auroracitizen on August 11, 2009

In case you missed it, Toronto Sun article Aurora Sacks its Ethics Czar

“Mayor Phyllis Morris said she couldn’t release a copy of the report, but calls the firing and the filing of the report a “huge coincidence.”

The commissioner’s report will be released in September when it goes to council and will be turned over to the next integrity czar, she said.”

We all look forward to seeing the full unedited report.

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Posted in Code of Ethics, Integrity, Leadership, Town Council | 30 Comments »

What Did Mayor Morris Know When

Posted by auroracitizen on August 11, 2009

Councillor Buck has provided some of the text from the DECISION by the Integrity Commissioner. Her post can be read at Our Town and Its Business.

A couple key quotes;

It is the DECISION of my office that this statement of complaint, as is, is unacceptable and that as is, no investigation or inquiry shall take place.

Query oo8 is INAPPROPRIATE that the way it was crafted, politicized and communicated, may be, and be seen to be, wholly political. Explanation of this last test point can be seen in the many tests or measures of political interference that were raised in my e-mail of July 30th in direct communication to the proponents.

The decision was made on the 5th of August. It was in the hands of the Deputy Clerk, Acting clerk for the previous week and a half, on that date.

We appreciate that this is not the entire text, possibly Mayor Morris will make that available. But from the parts we see, the comments appear pretty clear and damning.

It also appears to directly contradict the comments made publicly by Mayor Phyllis Morris of when the decision was made versus when they fired the Integrity Commissioner.

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Posted in Code of Ethics, Integrity, Leadership, Town Council | 13 Comments »

Keystone Cops Alive and Living In Aurora

Posted by auroracitizen on August 10, 2009

News coverage is finally starting to shine a light on the activities of Council.

Aurora’s Integrity Commissioner Axed
By Sean Pearce – Era Banner
August 10, 2009

Less than two months after formalizing his agreement with the town, Aurora’s integrity commissioner has left the building.

Following last Thursday’s special meeting of council, the six members who attended left closed session after voting to immediately remove the powers of integrity commissioner EthicScan Canada Ltd. president David Nitkin.

Further, it was also resolved the search for a new integrity commissioner begin immediately, the integrity commissioner section on the town’s website be removed and any pending complaints be stayed and reported to Aurora’s director of corporate services and held in abeyance until a new integrity commissioner is appointed.

For her part, Aurora Mayor Phyllis Morris said council’s decision is a result of the inability to reconcile Mr. Nitkin’s procedures with the town’s own code of conduct, despite multiple attempts.

“We have a code of conduct that we have adopted and wish to uphold,” Mrs. Morris said. “We, the council, entered into an agreement for a complaint procedure that we put in place and we agreed to it and it would appear the procedure the integrity commissioner wishes to follow appears not to be in compliance and, in fact, appears to conflict with council’s adopted code.”

In an interview between The Banner and Mrs. Morris Friday afternoon and attended by town solicitor and acting CAO Chris Cooper, the mayor explained council resolved to abide by a section in the agreement between the town and EthicScan, although she said she could not divulge any specifics about the section of the contract nor could she say what, if any, financial implications the decision might have for the town due to concerns about confidentiality. Citing similar reasons, Mrs. Morris said she was unable to comment on how much Mr. Nitkin had been paid for his services so far.

CBC News at Six
(The following link http://www.cbc.ca/mrl3/8752/newsatsix/toronto.wmv, will take you directly to the August 10th show.)
We also made the news on CBC News at Six. Check out the report from 17:43 – 20:25. Councillor Buck confirms –after finally getting a copy of the report — that she was completely cleared of the accusations that were made by Council.

A Few Questions That Spring To Mind

  1. Why does Mayor Phyllis Morris need the Town Solicitor sitting in on interviews? What was she afraid she might say?
  2. How did Aurora Council hire someone after months of discussions only to find out “the procedure the integrity commissioner wishes to follow appears not to be in compliance and, in fact, appears to conflict with council’s adopted code.”? What kind of research did they do the first time? Is their latest “spin” credible?
  3. What will the process of hand-picking their next Integrity Commissioner be? Will it require an upfront agreement to follow Council direction since autonomy is clearly not allowed?
  4. Why does our procedure conflict so seriously with an acknowledged expert who has built a reputation based on managing these issue? Maybe the problem is the Code as written by this Council?
  5. Was the reason for Councillor Buck’s vindication because the Integrity Commissioner viewed the basis for the complaint as politically motivated?
  6. Why are citizens of Aurora unable to see the cost to our taxes of this latest (insert your own descriptive here) move by this Council? After all, it’s our money they keep spending.

If it wasn’t our money and our reputation, it might well make a good slapstick comedy. As it is, we are not only the laughing stock of York Region — but now Aurora will become a case study of what not to do when discussing integrity and politics.

First it’s clotheslines — now ethics. Mayor Phyllis Morris is certainly putting Aurora on the map. Too bad it’s for all the wrong reasons.

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Posted in Code of Ethics, Integrity, Leadership, Town Council | 12 Comments »

Guest Post: Why Has the Integrity Commissioner Been Dismissed?

Posted by auroracitizen on August 8, 2009

The following letter was delivered by Grace Marsh to the Editor(s) of The Auroran and The Banner and copied to the Aurora Citizen Blog.

The views expressed are those of the writer and do not necessarily reflect or represent the views of the AURORA CITIZEN.

Council created and approved their own Code of Conduct. Some felt the Oath of Office wasn’t enough . Apparently, they believe they need more in order to “control” some Members of Council from expressing opinions that don’t mirror theirs.

Council approves the hiring of an Integrity Commissioner. Puts someone at the ready to “investigate” any complaint that may be lodged under their Code. His bio and experience as posted on the Town website is impressive.

Next Council approves the hiring of Aird & Berlis, at Town cost, to help get ready ammunition in order to prepare a formal complaint against Councillor Buck under the Code.

6 members of Council file a formal complaint against Councillor Buck. 2 do not participate. No surprise who the 6 are. The complaint is placed on the Town’s website and paid advertisements are taken out in 2 local papers. Apparently Councillor Buck has levelled “unmerited public criticism of staff”. So much for confidentiality in the process.

On July 30th, I called Mr. Nitkin directly on his confidential line to let him know that I was willing to provide information for his investigation should he be interested. I actually do have firsthand experience with how other Members of this Council , including the Mayor have criticised staff. Mr. Nitkin advised me that he was unable to discuss Council’s complaint as he had not yet either accepted or rejected the complaint that was advertised by Council. A fair and appropriate response in my view. My feeling from the conversation, although Mr. Nitkin said nothing specific, was that it may not be long before he would make that decision.

Just 7 days later, on August 6th, Rogers First Local broadcasts that Councillor Buck believes a decision has been made and while looking for a copy, it appears she is stonewalled. On the same broadcast the Mayor admits that an email was sent to the Director of Corporate Services, and a copy was sent to the Director’s assistant (the Deputy Clerk). She further stated nothing would be disclosed and it could be up to 90 days before anything is made public. Seems to me that a staff member (the assistant to the designated person) getting a copy should not be a big deal. Why should that stop the Councillor accused from receiving a copy?

Later that same night, there is a Special Council Meeting at which, according to the public minutes, the same 6 Councillors that lodged the complaint, spent 5 hours and 12 minutes behind closed doors on 2 “personal” items and the results are:

The Integrity Commissioner is removed. Any mention of him is gone from the Towns’ website by the next day, and it’s directed that more money will be spent recruiting a new Integrity Commissioner. We (the people paying the bill for all this) still don’t know what his decision was or why it must be secret. Council’s complaint was made very public, in two newspapers, at our expense, but we are not entitled to know the result.

Draw your own conclusions:

  • Would the decision put those who orchestrated the complaint into a bad light,
    perhaps?
  • Did he reject their complaint outright?
  • Did he come to the conclusion that it was purely political?
  • How can they explain promoting the high standards and experience of Mr. Nitkin and so easily dismiss him?
  • Are they looking to hire a “different” Integrity Commissioner who will accept their
    complaint?
  • How many will they have to go through before they find the “right” one?
  • How much will this cost us in the end in money and time? A staggering
    number, I’m sure.

I have certainly drawn my own conclusions, and quite frankly this whole affair simply does not pass the smell test. But I’m also not surprised.

Grace Marsh

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Posted in Code of Ethics, Integrity, Leadership, Town Council | 63 Comments »

Should Councillor Buck Sue?

Posted by auroracitizen on July 30, 2009

An interesting question. One that may generate some consensus?

We raise that interesting concept because it would seem to serve both sides of the debate.

Those who feel that the legal process being driven by Council is warranted so we all have a legal ruling should be pleased because then all sides of the arguments would be heard and ruled on without bias by an independent party. Then we will all know what behaviour is appropriate.

On the opposing side, those who are upset and feel that Councillor Buck is being attacked should be pleased since it would give Councillor Buck some recourse and hold the members of Council accountable for their actions.

Councillor Buck has indicated that she would not sue the Town, so residents would not have more tax dollars spent defending Councillors — their defense should be funded from their own pockets since they are being sued personally, not the Town — and wouldn’t be on the hook if Councillor Buck is proven innocent of the allegations.

So everybody would be happy. Just a thought 😉

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Posted in Code of Ethics, Legal, Town Council | 28 Comments »

More Tax Dollars Wasted

Posted by auroracitizen on July 28, 2009

So what possible rationale has Council developed for the outrageous purchase of a half-page ad in The Banner to target Councillor Buck? Our money.

It was bad enough that the information was published on the Town website, when the process is supposed to be confidential — but now they are spending our tax dollars to promote their agenda through advertising.

And before you start saying Councillor Buck started the issue of non-confidentiality by posting on her blog — let’s remember, she is acting as an individual Councillor. Agree or disagree with her actions, when the Town purchases ad space, they do so as the corporation. Regardless of your point of view about Councillors Buck’s actions, surely we must all agree that the corporation must hold itself to a higher standard than an individual.

It will be very enlightening to see where the Integrity Commissioner nets out on this behaviour. Let’s hope he will be allowed to look at the bigger picture when evaluating accepted behaviour.

For example, will he include a review of how Council meetings are run and comments by other Council members towards staff, so he has a baseline of what is acceptable for others by Mayor Morris and this Council?

Or how about Mayor Phyllis Morris allowing a citizen from outside Aurora to publicly attack a Councillor without intervening?

We look forward to seeing his written report. It will be interesting to see what Council will allow to be published — sort of like the fox guarding the hen house.

Possibly some citizen will test the process for some other members of Council. Just a thought.

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Posted in Code of Ethics, Town Council | 24 Comments »

Council Declares War on Buck

Posted by auroracitizen on July 26, 2009

For the first time in memory, Aurora Council have declared outright war on another Councillor.

The crime — speaking out against other members of Council. However, Council has wrapped their complaint in the shroud of protecting staff. Hardly!

The Banner reports that “Mayor Phyllis Morris stated the complaint against Councillor Evelyn Buck stems from blog postings, which allegedly make repeated disparaging remarks and allegations about town staff.”

We absolutely agree that staff is off-limits. They are merely executing the policies as set out by Council. Time will tell whether Councillor Buck actually made comments against staff.

Mayor Morris goes on to say “Various sources have made many insinuations about herself and the other members of council, Mrs. Morris said, however, that’s not what the complaint is about. Politicians are aware that sometimes harsh criticism comes with the territory, she said, noting it crossed the line when it targeted the staff.”

Untrue. The CAO specifically called this blog to task — demanding removal of a comment by an anonymous commenter that made disparaging comments about Mayor Morris — with no mention of staff or the corporation.

It was only when the Town Solicitor formalized the complaint in a legal letter that the demand changed to specifically refer to Mayor Morris.

It is also interesting to note how “confidential” this matter is. The Town website indicates; The Commissioner and every person acting under the Commissioner’s direction “shall preserve secrecy”. These requirements are expressly stated to prevail over the Municipal Freedom of Information and Protection of Privacy Act. Where a Commissioner provides a periodic report he or she “may summarize advice he or she has given but shall not disclose confidential information that could identify a person concerned.”

Yet a full report is published on the Town website, along with links to the legal opinion letter and Council motion.

It will be interesting to see how much support Council gets from the Integrity Commissioner and how far he is prepared to go on what Councillor Buck can and cannot say.

If they really think this public fight will work in their favour, they grossly under-estimate the fortitude of Councillor Buck. Love her or hate her — history tells us she is always clear on her position and sticks to her principles. Pity the same can’t be said for some of the rest of Council.

Mayor Morris claims “Freedom of speech is a valuable thing in our society, but it does not, however, allow people to call out ‘fire’ in a crowded theatre.” “Mrs. Morris was also quick to point out the complaint is by no means an attempt to stifle anyone’s free speech.”

Her claim seems somewhat disingenuous in this context. Attacking another Councillor and a citizen blog site would seem to be exactly intended to stifle comments about her leadership. Not only can you not yell “Fire” in a theatre, apparently you can’t yell “Fire Mayor Morris” in Aurora.

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Posted in Code of Ethics, Leadership, Legal, Town Council | 44 Comments »

What’s Up With Integrity?

Posted by auroracitizen on July 4, 2009

Councillor Buck confirmed in her recent post that a contract with the Integrity Commissioner was finally signed on June 18. Council has not issued this news.

A review of the town website on July 4 offers the following contradictions.

On the Code of Conduct page it states, “The complaint must be in writing accompanied by an affidavit witnessed by a commissioner of oath, which sets out the evidence in support of the complaint. Once the complaint is submitted, it will be provided to the Integrity Commission for review and investigation.”

However, in the page for the Integrity Commissioner it states, “Members of the public with a question or concern can approach the Councillor directly and/or integrity commissioner by phone with any concerns related to the behaviour of a Councillor, for grounds noted in the Municipal Act and referenced on the web-site. These questions, complaints and inquiries need not be written or in affidavit form, nor is there a fee for such a query. There will be a response, acknowledgement or resolution within three days.”

So why does the Town insist on a sworn affidavit, while the Integrity Commissioner clearly states no affidavit is required and no fees are involved?

Why does the Town page indicate that Council vets first before sending to the Integrity Commissioner?

Finally, why has no official word been released about the contract being signed, or why it has taken since Nov 25, 2008 to get this contract signed.

As usual, one must wonder about what is going on at Town Hall. Now that there is finally an Integrity Commissioner in place, it will be interesting to see how his services are used.

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Posted in Code of Ethics, Town Council | 10 Comments »

Council Refuses to Correct The Minutes

Posted by auroracitizen on May 30, 2009

Thursday’s issue of The Banner reported that Mayor Morris admitted that a mistake was made by allowing five of eight votes to carry a two-thirds majority. She also felt that it was merely a tempest in a teapot. However, she has not commented on why this mistake was stricken from the official record.

If a mistake was made — fine, fix it. But let’s not pretend it didn’t happen. They rammed through a vote and overrode the advice of staff and are now pretending it was no big deal.

Further, when Cllr Collins-Mrakas requested the Minutes be revised to reflect what actually happened, this Council voted against it — effectively breaking the trust Citizens should have in the official record of events that are supposed to be captured in Council Minutes. The Minutes are supposed to be an accurate record of what took place in a meeting.

If these Minutes are wrong — what about previous Minutes? What else have they changed to suit?

Please explain how changing Minutes fits with their much lauded Code of Ethics? Or is this their ethics?

Imagine if a Provincial or Federal government decided to change the official record of the proceeding to appease the ruling party. The media would be all over it.

What of our media? Why do The Banner and The Auroran not make a bigger deal of this mockery of the system?

The Minutes are incorrect and the Council has said that’s okay, we like them better this way. They have decided that the public is only owed the information as they see it and what they see fit.

One of the first rules of leadership is accountability. Pretending a mistake didn’t happen is not accountable, or transparent.

To belittle an issue of this significance to a simple sound bite underlines their opinion of the citizens of Aurora.

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Posted in Code of Ethics, Town Council | 8 Comments »