Aurora Citizen

News & Views from the Citizens of Aurora Ontario

Where Is Our Money Going?

Posted by auroracitizen on February 23, 2011

In her blog, Councillor Buck posted and then posted again that last Tuesday Council committed almost $5000 of our tax dollars to support/subsidize a Jazz Festival in town park. We are not sure why.

The community as a whole — who are funding this contribution — are not able to access this event. They would be required to pay an additional fee to attend.

Further, there are a variety of other revenue sources that have been identified that will contribute to the event coffers.

Some will say that any excess funds raised will be given to charities/community groups — which is a very positive thing.

However, let’s say that the event raises $10,000 after all expenses. That’s great.

But how much of these “expenses” went to pay performers, rental of equipment, etc? Potentially at market rates versus subsidized rates. We don’t know.

So who reaps the benefits of this event — the participants or the community. Are we even sure the organizers don’t take an honorarium or salary for running this event? It sounds like a for-profit venture that happens to donate left over funds to local charities so they can position themselves as a not-for-profit. Rather than a fund-raising event supported by volunteers so that funds can be raised for the community. That’s a different kettle of fish.

Equally important. If the town give $5000 and then the event donates $10,000 — effectively, the town has handed over $5000 to the group so they can donate it to the charity of their choice — versus the politicians making the judgment of where these funds should be spent.

In our opinion, the funds should not have been given — and if Council wants to donate some money to charity or community groups they should do so. That way we know exactly where our tax dollars are being spent.

Better the event only donate $5000 to local charities and then they can accept the full recognition for this generous donation — because they chose to use some of their profits to contribute to the community. This arrangement just muddies the water and we have seen where that has gotten us in past years.

In this case, we are either subsidizing an event or delegating authority to which charity our tax dollars are donated to. Neither which we support.

Posted in Charitable Programs, Community Corner, Recreation | 76 Comments »

Councillor Gaertner Speaks Again

Posted by auroracitizen on February 23, 2011

At last nights Council meeting many were hoping that Councillor Gaertner would do the honourable thing and retract her comment about Mr Leach “doctoring” the minutes — yet none was forthcoming. Yet, surprising to some, she was allowed to address comments towards staff.

Comments on this blog asked why? We wondered the same thing.

If Councillor Gaertner did not retract the comment then the good name of Mr Leach is still besmirched by Councillor Gaertner.

In the absence of specific comments from Mayor Dawe and Council, one can only surmise that they hope to move on from this unfortunate turn of phase by Councillor Gaertner — possibly to focus on the things this council was elected to do.

Mayor Dawe has made the point that this behaviour is not to be tolerated.

Councillor Pirri has made the point that it contravenes the Procedural By-law.

And Councillor Gaertner has made the point that she lacks class and holds the Procedural By-law in contempt (and by default the voters of Aurora) when it does not suit her purposes.

We are also disappointed that Councillor Gaertner did not do the honourable thing, but if Council focuses on this behaviour they no longer are focusing on the key issues and are mired in personality issues. Exactly what many criticized the last Mayor and Council for — for using their position to try to silence Councillor Buck. How long would this continue if both sides stuck to their positions. How long are Council willing to allow Councillor Gaertner to hijack the Council agenda with her antics?

Hopefully by stepping back, Council has demonstrated some leadership that will rub off on Councillor Gaertner. Possibly she will also demonstrate some leadership and step back as well.

Apparently Councillor Gaertner was on better behaviour last night (according to comments) and maybe, just maybe, she has learned a little something about what is expected of her.

So maybe this is best. Although not particularly satisfying.

We can only hope and pray. Time will tell.

Posted in Code of Ethics, Integrity, Leadership, Town Council | 2 Comments »

What is The Issue?

Posted by auroracitizen on February 19, 2011

There has been a considerable discussion around the post What Is She Thinking — or Is She? focused on who was in the wrong and who owes who an apology.

But the issues seem quite clear.

First, a mistake was made by staff and Council when it was incorrectly thought that Councillor Gaertner moved the motion. We say staff and Council because no one — including Councillor Gaertner — noticed that Councillor Gaertner had not moved the motion but only requested a recorded vote the evening it took place.

Second, after reviewing the facts it was acknowledged that an error had been made and some Councillors felt that in addition to noting that Councillor Gaertner had not moved the motion — that the motion should be struck from the minutes.

Moved by Councillor Gaertner Seconded by Councillor Ballard

THAT the motion to receive the Confidential Memorandum dated December 14, 2010 from the Director of Legal Services/Town Solicitor entitled “Morris v. Johnson et al. – Defamation Action be struck from the December 14, 2010 minutes.

On a recorded vote the motion CARRIED.

YEAS: 5 NAYS: 4

VOTING YEAS: Councillors Ballard, Gaertner, Gallo, Humfryes, and Mayor Dawe

VOTING NAYS: Councillors Abel, Buck, Pirri, and Thompson

Given the innocuous nature of the motion — simply to receive a confidential report which still hasn’t been released to the public — and the fact that no action arose from this motion — some Councillors felt that the action was unnecessary. A waste of Council time some might say.

Of note, it should be pointed out that if this Council subscribed to block voting — this motion would have been defeated since it was moved and seconded by Councillors Gaertner and Ballard — but alas, it sees the block was not in place that night. Conspiracy theorists must be twitching at that bad piece of luck. But we digress.

Third, Councillor Gaertner impugned the character of a member of staff in contravention of every sense of professional conduct and good government by accusing Mr. Leach of “doctoring” minutes.

Fourth, Councillor Gaertner refused to retract her accusation. And even suggested that someone file a complaint with the Integrity Commissioner. Very witty indeed.

Fifth, Mayor Dawe, in keeping with his role as Chair, in accordance with the procedural by-law and supported by the majority of Council requested Councillor Gaertner retract the comment.

Sixth, Councillor Gaertner refused and has continued to in subsequent meetings.

Seventh, Mayor Dawe held Councillor Gaertner accountable for her actions, while giving her every opportunity to correct herself.

So, those who are trying to mask the fact that Councillor Gaertner accused staff of “doctoring” minutes by turning the discussion towards anything except that simple fact are just trying to obfuscate the discussion (there’s a good lawyers term :))

The facts are simple.

  1. An honest mistake was made, explained — and corrected
  2. Councillor Gaertner refused to accept the honest mistake/correction and stepped out of line by making an unfounded accusation against staff
  3. The Chair held Councillor Gaertner accountable for her actions and supported staff
  4. Councillor Gaertner needs to retract her statement or continue to face the consequences of her actions

By refusing to simply retract her statement Councillor Gaertner is dragging out a simply issue for reasons only she — and her back room advisers — can know.

Councillor Gaertner — it is time to grow up, show a little integrity, get your priorities in line and move on. Believe it or not — you are not the centre of the Aurora universe.

The people of Aurora have more important issues — like budget discussions and growth issues and traffic issues and development issues and OMB hearings. Need we go on.

Hopefully this Tuesday, Councillor Gaertner will come to her senses, retract, and we can all move on.

Posted in Integrity, Leadership, Town Council | 16 Comments »

CCLA to Intervene to Protect Political Speech and Internet Anonymity

Posted by auroracitizen on February 16, 2011

From the CCLA website

On January 13, 2010, CCLA will intervene in a motion in the Ontario Superior Court of Justice to ensure that freedom of speech on the Internet is given broad protection.  The motion, brought by the former mayor of the municipality of Aurora, seeks information that would reveal identifying information about an anonymous blogger(s).  The former mayor has started a civil defamation action in which she takes issue with comments posted on a local Aurora blog which are critical of her work in office.  The action was started by the mayor when she was still in elected office and the Aurora council had passed a resolution to fund the lawsuit.  Since the mayor was unseated in the most recent municipal election, the council reconsidered and voted down that decision.

While the Internet should not be used as a shield to allow people to break the law, neither should a simple request to the courts result in disclosure of identifying information.  The CCLA will argue that a freedom of speech and privacy interests should be given significant weight in making decisions of this nature, particularly when political speech is at issue.  The right of individuals to comment on and criticize the way in which public officials perform their duties is vital in a democracy, and civil lawsuits should not be used to chill this kind of speech.

Read the CCLA’s factum here.

As previously covered, the date for the motion hearing was delayed until March 11 as a result of lawyers for Phyllis Morris neglecting to file the necessary paperwork with the court in time.

Posted in Legal | 9 Comments »

What Is She Thinking — or Is She?

Posted by auroracitizen on February 16, 2011

If you watched former Councillor Alison Collins-Mrakas’ past program on The Auroran-Online, one can hardly believe the scene that was being described as having taken place at the Aurora Council meeting of February 8.

Councillor Gaertner appears to have completely forgotten why she was elected and possibly is showing the strain of trying to serve those who elected her — rather than the community she was elected to serve.

Her attack on John Leach, the Town Clerk, accusing him of doctoring the minutes and her demand that the minutes of a previous meeting be amended to correct, in fact, overturn her own spoken word, is baseless, cowardly and demeaning to Mr. Leach and in contravention of all civil procedure.

“Minutes are to provide an accurate record of what happened. The DVD is very clear that I did not ask to move the motion. I did not raise my hand to move the motion. I would have had no knowledge that I would have been assumed to be the mover of the motion. In my opinion, if the minutes stand as they are now, this record has been doctored.”

Councillor Gaertner ranted on at great and loud length, repeating herself numerous times, despite admonitions from the Mayor and conceivably others present in the chamber.

All of this about a request by the Councillor Gaertner for a recorded vote that was seconded by Councillor Buck, and which request (motion) Ms. Gaertner now says she did not make and thus demands an amendment to the minutes.

Mr. Leach has subsequently viewed the DVD of the meeting in question several times and confirms that Ms. Gaertner did IN FACT made the request which in its context was taken as a motion, was duly seconded and voted upon by members of Council.

“At the time that this matter was considered, the motion was read out by myself and Councillor Gaertner requested a recorded vote. The chair, Mayor Dawe, asked for a seconder and the seconder was Councillor Buck and in doing so I believe he recognized Councillor Gaertner as the mover. It is unfortunate that she did not indicate at the time that she wasn’t the mover because I believe the Chair, as well as myself, understood that she was. Subsequently a recorded vote was taken and the action was confirmed by Council’s confirmation bylaw.”

Of course it is interesting that none of these protestations were made the night of the alleged incident — but only after receiving input from others subsequent to the meeting. It makes one wonder if her speaking notes were again written by others.

It feels to many like there are others sitting at the Council table who were not elected to serve — but have another objective in mind. This ongoing confrontational behaviour by Councillor Gaertner  (often supported by Councillor Ballard) is a disappointing facet to a Council that is otherwise trying to build good relations and work together. Ms. Collins-Mrakas also appeared to be very much puzzled by this entire episode, wondering what might have prompted it.

In light of the lack of apology forthcoming to Mr. Leach, Ms. Gaertner should have been expelled from the chamber for the balance of the meeting and docked financially. Councillor Gaertner’s refusal once again displays her total lack of respect for the rules of procedure when they don’t support her goals — which clearly is not to have a smooth running Council.

In the province of Ontario we do not have the right or the ability to demand the resignation or recall of an elected representative. If we had such a right, many believe that Wendy Gaertner would be gone from Aurora Council already.

We seem to have moved, following the election, from a dysfunctional majority of Council to a dysfunctional minority of one, or possibly one and a half.

Posted in Code of Ethics, Integrity, Leadership, Town Council | 60 Comments »

Former Mayor Morris Legal Bills to Town Approaching $70,000

Posted by auroracitizen on February 16, 2011

Mayor Dawe indicated last week that legal bills that have been billed to the Town for the lawsuit by ex-mayor Phyllis Morris are approaching $70,000.

Council is looking for ways to avoid forcing taxpayers to pay for these expenses in what is seen by many as an abuse of power and inappropriate use of tax payers funds.

After a lengthy closed session last Tuesday, Aurora has retained lawyer George Rust-D’Eye as legal counsel to determine the town’s responsibility for the legal bills associated with former mayor Phyllis Morris’ $6-million legal action against 3 private citizens.

Mr. Rust-D’Eye has been charged with examining the Sept. 14 council decision that led to the lawsuit and determining if the contract entered into with the law firm Aird and Berlis was valid.

“Quite frankly, the majority of council feels that this never should have happened in the first place,” Mr. Dawe said. “The town never should have been involved and, therefore, shouldn’t be paying for (the former mayor’s lawsuit).”

Of particular interest will be the impact the fact that Phyllis Morris participated in a discussion that lead a clear financial benefit which would appear to have put her in a clear conflict of interest according to the rules governing this type of behaviour.

The hope is Mr. Rust-D’Eye’s findings will result in the town not having to pay any of the former mayors legal bills. Mayor Dawe indicated that any legal costs connected to getting this legal opinion should be a small fraction of the potential savings.

Only Councillor Wendy Gaertner voted against this week’s motion.

Posted in Code of Ethics, Conflict of Interest | 10 Comments »

Campaign Finances Coming

Posted by auroracitizen on February 16, 2011

The campaign financing deadline for disclosing political contributions is March 25.

Citizens will be able to evaluate what they think is appropriate and what is not?

They will also be able to see what type of financial support each candidate received and in many cases where that financial support came from. Always an interesting review.

Early in the campaign there was discussion about donations from developers and the potential role or influence they might play. At that time it was noted that both Morris and Kean had previously accepted donations, but were not planning to this term. Clowater saw no issue with accepting them and Dawe indicated he did not plan to to accept them.

In fact, Dawe went one step further, and indicated that if someone on his team did inadvertently accept a donation, he would return it and donate a matching amount personally to the Aurora Food Pantry. You can his original pledge and the comments here.

The list of reports filed thus far are available on the Town website and can be seen by clicking here.

Posted in Budget, Election 2010, Freedom of Information | 18 Comments »

Congratulations John

Posted by auroracitizen on February 6, 2011

A mean-spirited, petty and wholly political act has been reversed.

Led by Councillors Nigel Kean and Phyllis Morris and supported by Councillors Gaertner, Vrancic and Wallace, Council created a street out of a parking lot in what appeared to many as nothing more than political revenge against a man who had served the community of Aurora for many years.

Five members of our current Council have righted that wrong.

John West served our community for many years and political opponents would agree that he did so with honesty and integrity. John voted based on his convictions at all times; always believing he was acting in the best interests of his community.

When John disagreed with fellow Municipal Councillors and Regional Councillors — he always did so based on the issues. The debate was passionate, informed and never personal.

He was always willing to share his experience and expertise.

Community leaders like John West set an example of leadership and integrity which other politicians emulated. They argued the issues — often having different viewpoints — but somehow remaining colleagues. They always understood they acted not for themselves, but for the community. That was the type of leadership John West was honoured for.

He was respected by friend and foe alike. That’s why Aurora Council initially bestowed the honour.

It was an honour that he was humbled by.

It is good to see this despicable act reversed. Frankly, the type of leader that makes the decision to strip an honour from someone based on political spite doesn’t deserve to be a leader. It appears Aurora voters agreed last October.

Congratulations to Mayor Dawe and Councillors Abel, Thompson, Humpfryes, Buck and Pirri for listening — and doing the honourable thing.

Posted in Code of Ethics, Integrity, Leadership | 36 Comments »

Councillors Gaertner and Ballard Against Neighbourhood Network

Posted by auroracitizen on February 5, 2011

Aurora Council finally voted to formally partner with Neighbourhood Network. That is, with the exception of Councillors Ballard and Gaertner.

The always insightful Councillor Gaertner summarized her position with the comment “I don’t really like the idea of sending volunteers to Newmarket”. Possibly one of the dumbest comments we will hear this term.

Imagine, until Neighbourhood Network started, no one from Aurora had anything to do with Newmarket. And heaven forbid someone from Newmarket dared set foot in Aurora to help.

Maybe she thinks we need a big fence around our community so people can’t cross boundaries.

The basis of the concern seems to be that since Neighbourhood Network is supported by Magna, she was concerned that this would create a conflict.

Magna has been a generous contributor to our community and many others. Whether supporting youth soccer with use of fields, supporting the new Rec Centre, supporting the kitchen in the Seniors Centre or organizing the Magna Hoedown, Magna has been a contributing corporate citizen. Based Councillor Gaertner’s rational, should Aurora have declined all of these offers of support?

Many organizations in town, not just Magna, provide support for community groups, whether supporting local teams through sponsorship or financial contributions — or supporting town organized activities like the Santa Claus Parade — and even the Jazz in the Park. Should we also decline their contributions.

As Bart Simpson would say, “Duh!”

Another poorly thought out stance on an issue intended simply to create issues at the Council table.

If these 2 Councillors spent as much time focused on working with Council as they spend trying to hinder Council, we might get somewhere.

It seems in spite of best efforts to sweep the dysfunction out from last term, some remnants remain.

It’s interesting to see who is creating the issues — and who they supported during the last election campaign.

A coincident? We think not.

Posted in Community Corner, Community Input, Leadership | 7 Comments »

Code of Conduct Up For Review

Posted by auroracitizen on February 5, 2011

Aurora Council have agreed to revisit the controversial Code of Conduct put in place last term. It was agreed at the same meeting where the removal of the complaint against Councillor Buck was finally removed — long past due.

However, one last attempt was made by Councillor Ballard to have it remain on the town website. He wanted to be clear there was no legal downside to removing the complaint.

Possibly, he should have considered the legal downside of having a complaint up months after it had been dealt with by 2 separate “Integrity Commissioners”. Based on the position of last Council, the complaint could have remained indefinitely unless Council decided to remove it.

Finally after Councillor Ballard was assured by the Town Solicitor that there were no legal ramifications it was passed unanimously.

Council now needs to decide whether they need a “made in Aurora” Code of conduct or whether their behaviour can be governed by their Oath of Office and guidelines under the Municipal Act. Time will tell what they decide.

What do you think?

  • Does Aurora need a Code of Conduct?
  • Did the previous Code have a positive or negative effect on Council behaviour?
  • Did the Code actually address the behaviour that so many voters in Aurora found offensive?
  • Will this Council become embroiled in the sort of personality clashes that derailed last Council’s term that prompted them to implement a Code in the first place as a hammer against certain Councillors?
  • What sorts of behaviour should be covered if a Code is put in place?

Let us know your thoughts.

Posted in Code of Ethics, Integrity, Leadership, Uncategorized | 18 Comments »