Thoughts and Opinions On Today's Important Issues

Monday, January 07, 2008

Why Are The Mayor And Council So Afraid Of WeACT



You know the reasons as well as I do.

First, we had the incident with respect to the huge increases by WUC in which WeACT pressure forced the Mayor and Council to request a Ministry audit, even though it will turn into a whitewash as we all know.

In fact, Councillor Lewenza, the Chair of WUC has still refused to answer the four simple questions that WeACT asked of him back in September. So much for his openness. I guess that Eddie did not give him the answers so he was afraid to say anything:

  • 1. Withdraw the original motion calling for a provincial-municipal audit;

    2. Apologize properly to the citizens of Windsor for their shameful behaviour and actions respecting the WUC/Enwin matter; and

    3. To clarify the issue of potential conflicts of interest, they must immediately bring anapplication under Section 7 of the Municipal Conflicts of Interest Act to ask a Judge fordirection on notice to citizens so that any who wish, may intervene to assist the Court.

    4. Properly introduce a new motion, with full public participation calling upon the Auditor General to conduct a broad-based inquiry and audit.

    These questions are straight forward and a simple yes or no would be satisfactory."

Oh by the way, do you ever remember this happening as Councillor Lewenza was quoted in the BLOG of Don McArthur of the Star:

  • "Councillor Ken Lewenza Jr., chair of the Windsor Utilities Commission, says he and Max Zalev, WUC's acting general manager, will sit down for a chat with anyone and everyone in this city who has concerns or questions about skyrocketing water rates.

    "Max and I, in our discussion the other day, said anytime anyone from the public -- and we're going to announce this at the next meeting -- wants to spend time with us, we are going to spend whatever time is required, within reason, in terms of helping people understand," said Lewenza earlier this week.

    "We will meet with every group. We will meet with everybody that has concerns."

He never did meet with WeACT.

Then there was TAX CUT NOW and the handing out of stickers created by WeACT around the City by WeACT volunteers. What happened then... a tax increase of less than 1%, ignoring the various levies that will increase the amount that taxpayers have to pay by more than 1%.

Of course, we can't forget the creation of the WeACT Legal Fund, which monies will be used to protect taxpayers' interest.

But let me demonstrate to you the ultimate. Chris Schnurr on behalf of WeACT submitted an application to the City for the Mayor to proclaim January 9, 2008 TAX CUT NOW day in Windsor. The City's Proclamation application form was filled in and submitted to the City Clerk. Surprise, surprise. The application was rejected.

Remember what I wrote before:

  • "WeACT has asked the Mayor to proclaim January 9 TAX CUT NOW day in Windsor at a Council meeting.

    Let's see if that is done or whether City Hall will censor that proclamation. If it does, then you will know how strong WeACT and the curmudgeons really are."

Here is a copy of the response that Schnurr delivered to the Clerk to see whether the Procedural Bylaw that she is to enforce will be respected:

  • "December 30, 2007

    Ms. Valerie Critchley
    350 City Hall Square West
    Windsor, ON N9A 6S1

    Re: Letter dated December 20, 2007 regarding WeACT Proclamation

    Dear Ms. Critchley:

    I acknowledge receipt of your response to the Windsor Association of Concerned Taxpayers’ proclamation for “Tax Cut Now Day” on January 9, 2008 and the City’s rejection of said proclamation pursuant to Section 8 of the City’s Procedural Bylaw.

    As the City of Windsor is aware, Section 8.2 of the City of Windsor’s Procedural Bylaw does not grant the City Clerk the authority to reject proclamations. Section 8.2 of the bylaw states:

    The Clerk shall review the request and make any appropriate amendments to the proclamation, which in the Clerk’s view improves the structure and/or intent of the requested proclamation. The Clerk shall present the proclamation to the Mayor for signature.

    Section 8 does not grant the City Clerk or the Mayor of the City of Windsor the authority to reject a proclamation. The bylaw states that the “Clerk shall review” and “shall present” the proclamation to the Mayor for signature.

    According to the Interpretation Act of Canada, the expression “shall” is to be construed as imperative and the expression “may” as permissive. (R.S., c. I-23, s. 28.). Additionally, according to the Interpretation Act of Ontario, “In the English version of an Act, the word “shall” shall be construed as imperative and the word “may” as permissive” (R.S.O. 1990, c. I.11, s. 29 (2)).

    The use of the word “shall” in Section 8.2 of the bylaw does not grant the Clerk authority to reject a proclamation for any reason. The Clerk, according to the bylaw, must “review” and must make any “appropriate amendments to the proclamation” which “improves the structure and/or intent of the requested proclamation.”

    Therefore, the City of Windsor must adhere to its Procedural Bylaw and undertake its legally binding responsibility to review, amend and present the proclamation of the Windsor Association of Concerned Taxpayers to the Mayor for signature forthwith.

    Regards,

    Chris Schnurr
    President
    Windsor Association of Concerned Taxpayers"

It will be interesting to see what the Clerk does. Regardless of the action that she will take, WeACT has proven its point: this Mayor and Council are terrified of the people who elected them.

So under the authority vested in me as being the BLOGmeister of Windsor, I hereby proclaim January 9, 2008 as

TAX CUT NOW day