Solicitor-Client Privilege and The Public's Need To Know

David Estrin is worth every penny that the City is paying him. After all, he provides the "lawyer" excuse whereby Mayor Eddie Francis and Council can continue to hold meetings in secret and not tell the public anything. (Windsor Star—"Council defends secret meeting")

The proponents for "open and transparent" government when they were running for office now seem to have a fear of the same people who elected them.

What could the reason be for "endorsing" in secret the Schwartz Report rather than passing a formal Resolution approving it as the City’s official position? Obviously, if it had to be a Resolution, it had to go before Council for a public vote. Citizens would then have had the legal right to appear in front of Council as a delegation to express their opinions on the Schwartz Report. Perhaps some of our elected leaders may have been afraid that some citizens might have opposed them and could not stand the heat!

By now, it is obvious that the Mayor’s Plan cannot succeed. It is not clear what his strategy is to accomplish a border solution, if there is one. The City has been isolated with no partner who will stand up with us. There is no money in the Federal budget, none in the Province until after 2010 and both Senior Levels have confirmed that the pace of the Bi-national study will carry on.

The Mayor and Council must think that it is better to talk in secret and pretend to be doing something rather than to admit failure and ask citizens for help.

UPDATE: It's not just out-of-town lawyers who are used by City Hall. Cliff Sutts is the point man in the parking garage fiasco: "But Francis didn't know how much in back taxes are owing to the city. He referred further inquiries to city lawyer Cliff Sutts, who could not be reached Wednesday. "