Aurora Citizen

News & Views from the Citizens of Aurora Ontario

Freedom Of Information and Aurora Coalition – Part 1

Posted by auroracitizen on December 30, 2009

The Aurora Coalition has run a number of ads in the past few months that included fairly dramatic revelations. Based on Freedom of Information (FOI) requests, it provided information that was not made public by Council. In fact, the financial disclosure by the Aurora Coalition about legal expenditures resulted in Mayor Morris having to “adjust” her previous statements to reflect the accurate numbers.

We understand that the Aurora Coalition recently submitted a list of requests to gather additional information about the activities by Council. We believe these facts should be broadly communicated and citizens should have the opportunity to comment and discuss the issues.

Resultant, we have agreed to work in collaboration with the Aurora Coalition to facilitate discussion through this blog.

We have created a new page — FOI Requests — that will track any FOI request we are made aware of. The first FOI is the one referenced in a recent post by Richard Johnson.

The Aurora Citizen will continue to provide accurate information as it becomes available. Confidentiality will always be respected.

Stay tuned.

Posted in Community Corner, Community Input, Freedom of Information | 4 Comments »

World Peace, or perhaps a more local version

Posted by elizabethbishenden on December 22, 2009

This is the Holiday Edition of the Aurora Citizen. 

What do you love about this town? 

Please, just comment on the things you love… for the things you hate, we have the other 51 weeks.

Posted in Uncategorized | 10 Comments »

Community Corner: Great Aurora “love-in” currently at Town Park

Posted by elizabethbishenden on December 19, 2009

One of our readers submitted this piece.

Our initial reaction was not to publish, but on sober second thought we chose to let you make your own decisions on its merits.

The Aurora Citizen in no way endorses any of the opinions expressed.  However, we’re not about to tell people what to think.  We’re just asking them to think, and to discuss.

In order to provide some context, the quote in the post comes from a letter to the editor “Great Aurora “love-in” currently at Town Park” by Heidi G. A. Stoecklin and Dave Philp published in The Auroran, Volume 10, Number 9, Week of December 15, 2009 (pages 3 & 8).

Perhaps a discussion of this letter is necessary.

 “The experiences of the Palestinians and the Red Man in Canada are parallel. In both cases, one country is bullying another and suppressing the truth from the public.  Do Canadians realize that part of the conflict in the middle east is because the Arabs and the Palestinians are trying to hold another party accountable for Jesus’s execution?  This Christmas, please consider with family and friends, who killed Jesus and why.”

 This letter is blatantly anti-semetic and has no place in today’s society. This evangelical christian bullshit belongs in history during the times of the European pogroms and the dreaded era of Nazism.

It has no place in todays Aurora. Whats troubling is not that this type of opinion exists but that a newspaper in a modern affluent town like Aurora would think it is acceptable to publish. Shame on Ron Wallace and the Auroran.”

 The Auroran has  this Editorial Policy: “Opinions expressed by columnists, contributors, and letter writers are not necessarily those of The Auroran.  Letters must include name a phone number, although number will not be published, and limited to 600 words.  Letters may be edited or refused.  All contents protected by copyright.”

 While The Auroran certainly seems to have bent the rules about the length of the letter, it certainly doesn’t endorse the content, either.

 At the Aurora Citizen we have a policy about what we’ll publish.  You can read it on our “About” page.  Opinions that are supported by weak or bad reasoning will be published.  Why?  Because they are opinions.  We respect our readers and we believe they can recognize a lack of logic.  You can publish crap on this blog.  Just be prepared to have it called crap.

 Publish a brilliant idea, though, and you’ll see how it inspires our readers and writers.

Posted in Community Corner, Community Input | 20 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 »

Has Transparency Been Re-defined This Term?

Posted by auroracitizen on December 16, 2009

This is the first of a continuing series of articles by Richard Johnson.

Council Watch — issue #1, by Richard Johnson

I have decided to take up the offer to contribute to Aurora Citizen on a more formal basis. The list of issues and concerns that spring to mind concerning our municipal government seem to offer no end of possible topics that deserve to be raised for consideration and discussion. From my perspective our democracy requires both a detailed examination of the facts as well as debate in order to achieve the best possible results. While most issues may not be clearly black and white in nature, a thorough debate can clarify, refine and sometimes even evolve our respective positions to our collective benefit (at least that is my hope).

Provided enough time, effort and clarity is brought to any given discussion one can expect to see an underlying truth emerge or at the very least the full range of perspectives, regardless of the fact that some details may be debated or the simple fact that we may all view any given issue from a slightly different perspective. With this in mind, I am grateful for the opportunity that the Aurora Citizen has provided everyone in Aurora to express their views and concerns. While we may not all agree all of the time, I can only hope that we can agree to respect and appreciate everyone that cares about the issues facing our town, regardless of their perspective.

Without further adieu, I would like to now get down to business.

For my first topic I would like to raise the issue of transparency and accountability.

While we were all promised a new and higher standard of civility, responsiveness and transparency during the Mayor’s 2006 inaugural speech it strikes me that in reality we have been subject to something quite different. Local reporter Sean Pearce has been forced more than once to file Freedom of Information requests in order to obtain what appears to be simple answers to basic questions, as has been my regrettable experience. In fact the 2009 file number (#39) that was assigned to my two recent Freedom of Information requests may suggest that over 40 questions have been submitted to the town through this last resort method of inquiry in order to hold the government accountable, but that is another question for another time.

After receiving no response following multiple weeks and multiple e-mails to the Town Clerk in which I was merely trying to understand a simple Council Procedure that appeared to have been potentially politically manipulated in order to serve the Mayor’s self interest, I felt compelled to file a Freedom of Information request on November 11th. You will note in the Freedom of Information response from the Town of Aurora, that there are no written procedures for editing the town’s website, therefore my initial reasons for concern in this instance appear to have been well founded.

The FOI response states that when material is posted on the town’s website at the direction of Council the “staff  generally requires direction from Council regarding the removal of the posting” and “The posting regarding the Code of Conduct complaint will be removed from the town’s website upon direction of Council.” 

Here-in lies the conundrum: how can Council ever contemplate the removal of the unsubstantiated and potentially politically motivated accusations posted on the town’s website attacking Councilor Evelyn Buck if, according to the Mayor, raising a motion to remove the material is considered to be “reconsideration” of an earlier motion posted the material in the first place ?  The Mayor’s handling of this issue at council strikes me as being not only indefensible but absurd.

It should not have required a response to an FOI request to come to this rather obvious conclusion given that the Mayor’s apparently broken logic was raised for discussion by Councillor McRoberts and Collins-Mrakas at the same time that numerous councillors stated for the record that they wanted to “move on” from the whole code of conduct issue, however true to form their comments were apparently ignored by the Mayor and her block of supporters.

I’m open to hearing all perspective related to this story, however based on the facts as I know them today this situation looks to me to be rather transparent and clear cut from my perspective.

Posted in Code of Ethics, Council Watch-Richard Johnson, Freedom of Information, Integrity, Leadership | 12 Comments »

HELP WANTED

Posted by auroracitizen on December 16, 2009

In keeping with our desire to include broad community input and provide a platform for debate, we have extended an open invitation to the community to become contributors.

Richard Johnson is the first person to accept this invitation. You can read his first post today. We are excited that Richard has volunteered his time to share his experiences about activities that matter to us as a community.

Of course you already know Elizabeth Bishenden. Elizabeth has been doing an exceptional job of moderating comments for a number of months as well as writing a number of posts. Her contribution has been invaluable and we are delighted to have her on board.

If you are a budding writer, or are you concerned about the apathy in our community to our political process, or would you like to see more people informed and interested in what is happening right here in our community, this is your chance to make a difference and share your voice.

If you are interested in contributing articles, we want to hear from you. We are looking for people interested in writing a regular post to keep everyone up to date on Council  activities and other community events. This would be a great opportunity for a student — possibly studying journalism or political science.

We are also looking for someone who has the ability to help with uploading video to YouTube. Possibly a student with an interest in video.

If you are interested in either area, please send us an email.

Posted in Community Corner, Community Input | 11 Comments »

2010 Budget Delivers 2.82% Tax Hike

Posted by auroracitizen on December 13, 2009

Budget deliberations continue, but Mayor Phillis Morris has indicated it’s a done deal. Taxes will increase 2.82% — translating into an additional $30.00 (based on $300,000 home) out of your pocket next year.

Did you get a raise last year to cover this increase? In fact, did you make less in 2009 as a result of cutbacks?

It is interesting to see what “additional benefits” we will receive from this budget.

At a time when people are losing jobs and being asked to cut back in all aspects of their life — it is amazing that this Council has the gall to increase taxes at all. Particularly in an election year.

Even the Region decided to forego a tax increase this year out of respect for the economic downturn we have all experienced.

So what’s up with Aurora?

Councillor Buck has identified a number of items that she feels aren’t warranted. What about you?

We have always had a soft spot for the Library, it seems like an important service to our children. But this year their request for more dollars was declined. Not so historical societies and arboretums — they received more.

So let us know you thoughts. What’s right and what’s wrong with this budget. Where should we be spending less — and possibly where should we be spending more.

Posted in Budget, Community Input | 28 Comments »

Will Taxpayers be Forced to Pay For Mayor Morris Poor Judgement

Posted by auroracitizen on December 12, 2009

Buck launches $5.25M lawsuit suit against councillors

 The Banner, Aurora, December 10, 2009

BY SEAN PEARCE

Evelyn Buck has launched a $5.25-million civil lawsuit against Aurora Mayor Phyllis Morris and five fellow councillors in the latest salvo following their filing of a code of conduct complaint against her last July.

Mayor Morris, Evelina MacEachern, Wendy Gaertner, Stephen Granger, John Gallo and Al Wilson are also named in a statement of claim stemming from an advertisement, entitled Statement From Town of Aurora Council, which was published in The Banner and another local newspaper last July.

The Banner is also named in the lawsuit.

The ad contained a statement from Town of Aurora Council regarding its review of Councillor Buck’s weblog entries and its decision to file a formal complaint against her based on those postings with then-integrity commissioner David Nitkin.

The lengthy 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.

None of the allegations contained within the statement of claim have been proven in court.

The Banner and the Auroran, which also published the town ad, were initially named in a notice of intended action filed in September. The Banner consequently ran a notice to readers regarding the ad at the request of Ms Buck’s lawyer. Despite that, the newspaper is also being sued now, while the Auroran, which didn’t run a notice or apology, has been removed as a defendant on the latest legal documents.

“I saw the newspaper did publish something, but I’m not sure why that wasn’t acceptable,” Ms Buck said. “I’ll leave it for the lawyer to say.”

Ms Buck said the lawsuit is about principle, not money.

“The reason I’m doing this is that people can’t do things like that to another person in this country,” Ms Buck said. “You cannot publish damaging statements about another human being in Canada. You may have freedom of speech, but you cannot spend money to publish damaging accusations about another person. You can’t go about it the way they did.”

Mayor Morris would not comment, saying only she has been advised by the town’s insurance company not to comment.

Town solicitor Christopher Cooper refused to confirm if the town would cover the legal costs of the six councillors named in the civil suit. However, a town 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.”

Ms Buck has said her intention is to sue the six councillors as individuals and not the town itself.

Lawyer Kevin MacDonald of MacDonald Associates was unavailable for comment.

Ms Buck said she has received unsolicited cheques and cash to help with legal costs, being tracked by former Aurora councillor Grace Marsh in a litigation account.

According to Mrs. Marsh, more than $3,500 has been donated by about 25 donors.

Any excess funds will be donated to a local charity, Ms Buck said, adding, “I’ve spent more at this point than I’ve received.”

Note: Highlighting added by Aurora Citizen

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

Who Owes An Apology?

Posted by councilcop on December 5, 2009

Per page 3 story in December 1, 2009 issue of the Auroran entitled “Buck apologizes after recorded vote”.
 
If this isn’t a classic example of how our current council works I don’t know what is. This is absolutely hilarious.

As a side bar to the story below, you may also recall that the Mayor recently stated in the media that Councillor Collins-Mrakas swore and was disrespectful at a recent meeting because she said “Oh my God” as a result of the Mayor not following Council procedure and allowing Councillor Granger to ramble on without the Mayor ruling as was required and without the Councillor Granger justifying in any way his procedural actions.

The sole purpose of councilor Granger’s actions was apparently to discredit Councillor Buck, whose motion was eventually passed unanimously (but that is another story). The Mayor then ironically says she is “putting her foot down” when in fact it was the Mayor that broke numerous procedures and then turned around and tried to blame others for what transpired.

Check out the following quote from the above noted story that appears in this week’s Auroran. After Council voted to have Councillor Buck to apologize to Councillor Wendy Gaertner the following occurred:

“Councillor Buck, it would be an appropriate time to consider just apologizing,” said Mayor Phyllis Morris immediately following the vote. “That would put an end to this.”

Councillor Buck then issued her apology to Councillor Gaertner.

“If Councillor Gaertner’s feelings are hurt, I regret that,” said Councillor Buck.

“There are times, Madame Mayor, during lengthy discussions hour after hour after hour when one’s patience starts running a little thin,” she continued. “After listening to Mr. Elliott make a 15-minute presentation and having Councillor Gaertner ask for him to repeat that, and when he said, ‘What part would you like me to repeat?’ and she said ‘All of it,’ quite frankly, I lost it. I said, ‘Oh, my God!’ Now, is that offensive, insulting, disrespectful? I don’t think so. Nevertheless, for the purpose of staying here for the rest of the evening and participating in the Town’s business, I will tender an apology.”

Posted in Integrity, Leadership, Town Council | 36 Comments »

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