Archive for the ‘Legal’ Category
Protected: Liar, Liar, Pants on Fire
Posted by auroracitizen on October 2, 2010
Posted in Code of Ethics, Election 2010, Leadership, Legal | Enter your password to view comments.
Mayor Phyllis Morris Struggles with Basic Math
Posted by auroracitizen on August 15, 2010
Poor Mayor Phyllis Morris. She really does struggle with math doesn’t she? Guess it isn’t one of her strengths. Her inability to do basic math seems to be an on-going problem.
After the recent Council meeting (the July 13th fiasco) let’s just say, fractions are not her forte. To be fair, many people struggle with fractions – the fact that those people tend to be nine years old is beside the point.
During the July 13th meeting, while attempting to ram through the Integrity Commissioner’s report – oh, we’re sorry – “deliberate” the IC report, Council lost quorum. This requires that the meeting must be adjourned – or at least recessed until such time as quorum can be re-established.
Let’s explain quorum — quorum means a majority of Council must be present in order for the meeting to proceed. This isn’t a small thing — it’s required according to the Municipal Act for any activity of a Council to be considered legal. As Aurora’s Council is composed of 9 members, quorum is 5 members out of 9. Even a first time Councillor knows that, let alone someone with the years of experience Phyllis has.
At the July 13th meeting, Councillor Gallo was not present leaving eight members of Council. Councillor Buck had left just prior to the tabling of the IC report and Councillors McRoberts and Mrakas, having previously declared their objection to the item being on a public agenda, left the Chamber. This left 5 members of council still present. So far so good.
Then, at 11:25pm, Councillor MacEachern also left the Chamber. That left just 4 members at the table. 4 out of 9 does not equal a majority. Quorum was lost.
And yet, watch the tape, Mayor Morris just kept blabbering on, speaking to the item on the floor, either oblivious to or unconcerned with the clear loss of quorum. Yes the loss of quorum was temporary – only minutes really. But that’s beside the point. Quorum is basic. Everyone knows you must have enough people at the meeting in order for it to continue. Once quorum is lost, the meeting is over. It’s the law.
Except where Phyllis is concerned. Once again, adherence to rules and procedures go out the window when Morris is in the Chair.
This is not the first time that Phyllis’ lack of math skills have caused problems. Last May, while “chairing” a council meeting – and sorry for the air quotes folks, we just can’t in all good conscience describe Phyllis’ actions as chairing per se, though she does occupy the chair, but we digress – the Mayor allowed a motion to waive procedure to be put to a vote and declared the vote to be carried.
Unfortunately, the vote did not in fact carry. According to our Byzantine like procedural by-law a 2/3 majority is required in order for the vote to waive procedure to carry. There were 8 members of Council present. The vote was 5 for and 3 against. 5 out of 8 is not 2/3 – at least in most math books – and yet Phyllis said it was.
So what does this mean? Should the public really care if quorum is lost? Should the public really care if a vote is counted as passed when it really hasn’t?
Well we say YES!
Fair and democratic processes depend on clear and public set of rules that everyone abides by. After 4 years of Morris though, it’s clear, that the rule book has either been tossed aside — or she just doesn’t know them. In either case, it means she is unqualified for a position of trust.
When Morris points to her experience as one of the key reason she should be re-elected — let’s not forget just how well she knows procedure. She may have been class valedictorian in law enforcement at Seneca in 1995 — but it looks like she must have failed basic math and leadership. Possibly those courses weren’t offered as part of the curriculum.
Posted in Election 2010, Integrity, Leadership, Legal, Town Council | 35 Comments »
Is Jazz Festival Sign Breaking the Rules?
Posted by auroracitizen on July 25, 2010
Since when is this allowed on TOWN PROPERTY?
A very large sign, on metal posts, advertising a private, ticketed (i.e. you have to pay money to attend) event!!
Local property taxes paying businesses are forbidden from placing signs in front of their place of business without a formal permit. Never seen a sign like this placed on Town property before.
Has Sher gotten a permit?
Can you even get a permit to place a promotional sign on Town property?
If not we hope the same by-law officer who was recently spotted checking vendor permits at the market will be checking into this situation.
Posted in Community Corner, Integrity, Legal, Local Business, Town Council | 26 Comments »
Mayor Morris Continues to Spend Good Money After Bad — With No Real Hope of Success
Posted by auroracitizen on May 20, 2010
Posted in Environment, Growth, Legal | 32 Comments »
Guest Opinion: Aurora Is Worse Off Today Than When Phyllis Morris Became Mayor?
Posted by auroracitizen on March 7, 2010
Some might say Phyllis Morris and Evelina MacEachern are liars and hypocrites. Apparently obsessed with their manic egos, they have held Aurora’s Council hostage to their deranged approach to government. The vaunted Transparency and/or Accountability that were promised in their respective campaigns for office in the 2006 Municipal Elections were a complete fraud.
They co-opted four of the stupidest possible councillors to act as their surrogates in following along blindly the path laid out for them.
It appears that Morris and MacEachern embarked upon a mission to destroy the very Transparency and Accountability that marked their election campaigns. Instead we have a repugnant Code of Conduct for Council and an unnecessary Integrity Commissioner.
When the Code of Conduct faltered, the Integrity Commissioner reported on the charges laid by six members of Council against Evelyn Buck, to the effect that they had no merit and were politically motivated. His reward was his unceremonious firing.
The town recently entered into a contract with a new Integrity Commissioner, a former politician now practicing law. It is doubtful that this replacement has anywhere near the academic and professional qualifications of our first Integrity Commissioner. And up to $60,000 is allocated for this activity. Time and events will tell.
Seemingly, Morris is personally responsible for the expenditure of hundreds of thousands of tax-payer dollars, many completely wasted, in hiring a substantially larger bureaucratic staff, renaming and restructuring senior executive staff titles, positions and responsibilities. Has this streamlined our local government? No. On the contrary it has created a larger body of personnel whose sole task appears to be to do her bidding.
It is likely that all of these changes have led to staff concerns; many reports comment about the fear of staff for their jobs. It is inconceivable that the town’s employees are at a higher level of morale than they were when the Morris-MacEachern juggernaut first rolled into town. If staff morale is negatively affected it follows that the level and efficiency of their work will suffer significantly, and consequently impact upon Aurora’s residents.
Our town doles out hundreds of thousands of dollars of public purse dollars to various non-elected Committees; The Historical Society, the Arboretum, the July 1st Parade, the Farmers’ Market. These groups do what they wish with the town’s ‘generosity.’ They spend the money with no accountability to anyone. This is not the way to run a government whose promised objective was Transparency and Accountability. If a public company operated this way it would be subject to the scrutiny of the OSC in Ontario, to the SEC in the U.S., and possible prosecution by each.
Many residents feel that vast amounts of taxpayer dollars have been spent stupidly, whether in financing losing and futile OMB appeals or in needless internal investigations supported by a claque of lawyers whose sole interest is running up their legal fees. Many residents are of the opinion that these parasites care not for what is right or in the best interests of the town. And the bills are approaching $750,000, if not more.
Why do we set aside money every year to buy recreational land when it already exists? Instead we are selling off much of Aurora’s public lands, adding the proceeds to the millions of dollars already in the town’s “savings” account.
We will be cash rich and land poor and the land that we will eventually have to purchase will be twice or more as expensive as that of four or five years ago when we already had a huge cash balance in the bank.
It is felt by many that a request should to be sent to the Information and Privacy Commissioner and the Minister of Municipal Affairs and Housing to conduct a forensic audit of the books of the Town of Aurora in order to identify those areas where public money has been gratuitously squandered with no possible benefit to the town and its residents.
A similar audit should probably also be undertaken to determine just how political decision-making in Aurora occurs. Are decisions made by members of Council or by hired lawyers?
To Morris and MacEachern a Code of Conduct appears to be a license to abuse.
AUGUSTINIUS
Posted in Code of Ethics, Community Input, Guest Post, Integrity, Leadership, Legal, Staff Turnover, Town Council | 4 Comments »
Role of New Aurora Spokesperson Unclear
Posted by evelynb on January 16, 2010
It’s odd for a sitting Councillor to learn of dramatic new initiatives in town communications from the media.
This week the Chief Administrative Officer, acting as spokesperson for the town (the Mayor) announced the town’s intention to add a spokesperson to the administration to improve communications. Speech-writing and perhaps engaging with Facebook will be part of the job.
Council last met on December 8th. The budget will not be ratified before January 26th.
Already we are off and running. So fast off the mark, no time has been allowed for discussion at the Council table.
Everyone who reads this blog knows, because I say so, I do not present as competent in computers.
But Facebook, for God’s Sake. Facebook !!!! Can anybody at the town hall possibly not understand what Facebook is about.
We are to pay for someone. with a Masters Degree in Communication , at a cost of $100Ks annually, to engage Facebook !!!!!
Oh My God!!!
Facebook is the domain of the Rampant and Reckless, Totally Irreverent and Sacrilegious Youth.
I keep tabs on my grandchildren on Facebook.
The Town has a Corporate Communication Division. The Mayor monopolised it from the start as her personal public relations flack. Along with Notice Board in the Aurabanana which costs probably $75Ks a year. And various and extravagant resources expended in the ongoing effort to vanquish dissent and destroy her enemies.
Despite all that, there’s still an apparent lack of confidence that the community fully appreciates the myriad of marvelous Mormac accomplishments of the administration.
So now we are to have a Masters Degree in Communication on hand to polish that which may be tarnished, in time for the next election.
Speeches will be professionally prepared for the Gala opening of Church Street School Heritage and Cultural Centre, the pitch of the first ball at the new diamond in the summer and all other possible occasions.
We may even have articulate speeches from the Throne at the opening of every council meeting.
If Buckingham Palace has a Spokesperson, why not Mayor Morris’ Town Hall in Aurora? May we not aspire?
The Press Secretary/Spokesperson may possibly hold press conferences with the Town Hall Press Gallery There may occasionally be scripted appearances by her Worship.
All on the taxpayers’ dime.
Remember the admonitions of righteous Professor Robert McDiarmid of York University, an invited guest of Her Worship to read scripture to Council on the evils of incumbent advantage over challengers and how corporate contributions need to be rigorously controlled in election campaigns.
Little did the naive but well-meaning Professor know how many municipal corporate contributions can be used for a campaign without a single red cent showing up in the candidate’s mandated Statement of Expenses.
Posted in Budget, Code of Ethics, Conflict of Interest, Election 2010, Integrity, Leadership, Legal | 20 Comments »
Guest Post: Is Mayor Phyllis Morris proroguing Council?
Posted by auroracitizen on January 6, 2010
In the December 31, 2009 edition of the Globe & Mail, the editor took the very unusual position of publishing an editorial “Democracy Diminished, Accountability Avoided” on the front page.
The editor was taking the federal government and Prime Minister Harper to task for proroguing Parliament – the second December in a row that he has done this. More scathing than the words in this editorial was the fact that it was juxtaposed to a story on the death of 4 members of the Canadian Armed Forces and a Canadian journalist. A stark contrast – people are dying while fighting for Canada and for reporting on that, while the government that tasks those people uses political manipulation to duck responsibilities associated with that task.
Perhaps a bit of a stretch, but remind you of anything or anyone?
The Aurora Council last met on December 8th and its next meeting is scheduled for January 26th. The procedural bylaw states that there are to be 2 meetings per month, yet there is a stretch of 39 days between meetings. Is the Mayor proroguing Council? What reason (legitimate or otherwise) has been given?
She wouldn’t be trying to duck anything, would she? Like the fact that the Town does not have a legally appointed Treasurer?
This is inexcusable behavior, but sadly, typical of what we have come to expect.
Signed, Junius
Posted in Code of Ethics, Community Input, Guest Post, Integrity, Leadership, Legal, Town Council | 16 Comments »
Councillors Using Town Funds to Fight Personal Lawsuit
Posted by auroracitizen on December 18, 2009
Councillors using town insurer to cover defence of Buck suit
The Banner – Aurora , December 17, 2009
BY SEAN PEARCE
The six members of Aurora council named in Evelyn Buck’s $5.25-million civil libel lawsuit will have the town’s insurance cover their legal costs, The Banner has learned.
Ms Buck has repeatedly stated her intent is to sue the six members of council as individuals and not the town.
However, Ms MacEachern said that may prove difficult as the town’s insurer is paying for the councillors’ defence.
“She’s suing six members of council for taking steps in good faith and for representing the town,” Ms MacEachern said, adding, in effect, she is suing the town.
“We are insured. This is through the town’s insurance.”
Beyond that, Ms MacEachern defended the actions of council in its handling of the formal code of conduct complaint.
“We took the steps that were recommended to us with respect to the comments that Councillor Buck was making against staff and we took the steps to defend town staff, the corporation and the public interest,” Ms MacEachern said.
“We look forward to defending the steps we took and I look forward to the statement of defence being filed by the solicitor.”
Earlier this month, Mayor Phyllis Morris, along with Councillors Evelina MacEachern, Wendy Gaertner, Stephen Granger, John Gallo and Al Wilson, were named in a statement of claim stemming from an advertisement entitled Statement From Town of Aurora Council, published in The Banner and another newspaper in July.
The ad in question outlined the reasons why the majority of council reviewed Ms Buck’s blog and filed a formal code of conduct complaint based on those postings with the then-integrity commissioner David Nitkin.
The statement of claim filed by Richmond Hill law firm MacDonald Associates seeks $1 million for “misfeasance in public office and abuse of power, conspiracy, intentional infliction of mental suffering, injurious falsehood, breach of confidence and breach of privacy” and another $1 million for “infringement or breach of (Ms Buck’s) charter rights and freedoms”.
Beyond that, $2 million is sought for defamation, $1 million in punitive damages and $250,000 in aggravated damages.
The Banner is also named in the lawsuit.
None of the allegations contained within the statement of claim have been proven in court. Defences have not been filed.
For her part, Ms Buck said she intends to continue her legal action regardless of who ends up funding the defence.
“It changes nothing,” she said. “It’s not for me to know who’s covering their defence costs.”
Ms Buck said she remains firm in her resolve to follow through with the suit against the six members of council as individuals. Should the town become involved as a result of that, it will not be because of her actions, she added.
“I will not concern myself with that until further along the line, because I didn’t take this step lightly,” Ms Buck said. “I’m not wavering and I’m not alone.”
Lawyer Kevin MacDonald of MacDonald Associates was unavailable for comment.
Also named as a defendant in the suit, Mr. Granger declined to comment and directed media inquiries to the mayor.
Mayor Morris would not comment on the matter, saying only that she has been advised by the town’s insurance company not to say anything.
However, a statement issued on behalf of Mrs. Morris and the five councillors states, “The remarks complained of were part of a notice to town residents, speaking to the integrity of our hard-working staff and our concern that they were being treated unfairly.
“These remarks were posted on our website in July 2009 and only now, at the end of November, have we finally been served with a statement of claim that repeats the allegations made in the Toronto Star (on Oct. 30).
“We are currently reviewing the statement of claim and look forward to defending ourselves and our staff vigorously. We are confident that we will show that the claims made in the lawsuit are entirely without merit.”
Posted in Code of Ethics, Integrity, Leadership, Legal, Media, Town Council | 18 Comments »
Community Corner: When is a Treasurer not a Treasurer
Posted by auroracitizen on December 10, 2009
Just so there is no confusion — this post was submitted by Junius
Dear Aurora Citizen:
Yet again, the Mayor (“I do so know how to run a meeting”) has abused the procedural bylaw, in allowing the announcement that Mr. Dan Elliot has been appointed as the Town Treasurer.
Actually, the announcement of the appointment was made by the CAO, Mr. Garbe, but does anyone think that he does anything that is not pre-approved by the Mayor?
Mr. Garbe has issued an announcement to all Town staff as well as Council, that Mr. Elliot has been appointed to the position of Town Treasurer. Yet, the Municipal Act is very clear that a Treasurer can only be appointed by Council enacting a by-law. No by-law to this effect has been proposed, let alone enacted. So, how has he then been appointed?
So, now we have a Council (or a majority of Council) who do not care about procedure; a CAO, who obviously does not understand or care about the procedure; a Town Solicitor who either doesn’t know or is so completely out of the loop so as to be irrelevant. And, now a Treasurer who is suspect.
I have heard from people, who are in the know and whose opinion I respect that Mr. Elliot is very knowledgeable and does a good job. Yet, I must admit that my cynicism is now to the point where I have to ask, “if he is that good, why does he let the situation be manipulated so”.
The history texts state that Henry II issued these famous words with reference to Sir Thomas Becket, then Archbishop of Canterbury: “Who will rid me of this meddlesome priest”. Sir Thomas refused to acquiesce to the King’s changing whims. (Yes, this historical perspective can be argued).
I ask: “who will rid us of this treasonous, poisonous rabble”
Signed, Junius
Posted in Community Corner, Leadership, Legal, Town Council | 9 Comments »
Lawsuit continues
Posted by auroracitizen on October 31, 2009
Gail Swainson Urban Affairs Reporter
Toronto Star: Published On Fri Oct 30 2009
Aurora councillor plans to sue colleagues
Claims defamation by mayor, councillors in complaint over blog
Embattled Aurora Councillor Evelyn Buck has served a notice of action on Mayor Phyllis Morris and five council colleagues for $5.25 million, alleging abuse of power, misuse of public funds and defamation, in the latest salvo of a political dispute over the pointed criticisms she has posted on her popular blog.
“The mayor and town councillors abused their statutory powers and authority for a wrongful purpose which included interfering with (Buck’s) constitutional rights through the improper use of public funds to defame (Buck) and advance their personal and political interests with a view to censoring and eliminating dissent,” says a two-page notice of action filed in Newmarket court this week by Buck’s lawyers, MacDonald Associates. None of Buck’s allegations has been proven in court.
What provoked the move was a formal complaint against Buck, lodged by town council this summer, about her critique of town staff in her lively “Our Town and its Business” blog. The town’s new integrity commissioner quickly rejected the complaint for being “inappropriate as crafted” and suggested it had been politically motivated. He was promptly fired.
Named in the action are Morris and councillors Evelina MacEachern, Wendy Gaertner, Stephen Granger, John Gallo and Al Wilson. Also named is publisher Ian Proudfoot and Metroland Media Group, which published a statement from the town in The Banner newspaper and its website in July. Metroland is owned by Toronto Star’s parent Torstar Corp.
The list of allegations involving the politicians includes malfeasance in public office, intimidation, injurious falsehood, conspiracy, intentional infliction of mental suffering and breach of confidence. Buck has 30 days to file a more detailed statement of claim. She said she could not comment because the matter is before the courts.
Morris, who had yet to see the court document Thursday afternoon, said, “There’s not much I can say at this point because I’m not privy to any information.”
Several years of political infighting came to a head this summer when the majority of council members signed the formal complaint, accusing Buck of posting “unmerited” comments on her blog, in which she said city staff weren’t following proper council procedures.
Morris issued a statement saying council was “obliged” to file the complaint to protect staff. Anonymous ads then ran in the Auroran newspaper calling on residents to turf Morris and five councillors.
Posted in Code of Ethics, Integrity, Leadership, Legal, Media, Town Council | 6 Comments »
Aurora Citizen 