R.I.P. Windsor Democracy

So now there is a third story as to what happened with the water fund levy.

You remember, the first story which said the money was diverted from capital to operating, something that seemed to be improper since it was a capital watermain levy to replace old mains. Then at the Mayor's dog and pony whiteboard show at Council, we were told there was no diversion and that story was repeated by Councillor Marra on Face-To-Face. Of course, my fellow Blogger, Chris Schnurr, and I broke the bombshell of Finance Director Zuber's memo. Now a new story as reported in the Star is a different twist:

• "Our books are audited annually by KPMG (accounting firm)," said John Wladarski, CEO of the Windsor Utilities Commission afterwards. "The reality was it all went into general revenues. There was no particular earmarking.
  
  "All funds were used to operate the business either on operating or a capitol basis. We fixed more watermains than we said we were going to fix."

This comment makes a total mockery of the Mayor's actions respecting his so-called audit. It proves that the funds were used in a manner not mandated by the WUC Commissioners. It is also interesting to note that he did not say that the money that was supposed to have been spent on capital watermain projects was actually spent on the watermains! "Fixed" can include operating costs on watermain repairs too can't it!

Are we being set up already for the excuse that will be used if the audit is a negative one? Is the distinction between capital and operating being blurred:

• "Oh we used the money to fix and repair broken watermains so that is sort of like it being used as capital isn't it!"

We should be happy for small miracles. I guess we should take some comfort that the people still have a voice in this City since we are at least getting a Section 9 Municipal Affairs Act Audit.

The story refused to die no matter what Eddie tried and how hard. Even his whiteboard gimmick failed too when the Zuber memo was disclosed! Clearly the Eminence Greasie finally explained to the Mayor the political fact of life that he had to shut down this issue quickly because he was losing control of it.

In the end, however, Democracy in Windsor died last night at Council. What took place in front of us was an attempt at damage control.

Here is what Section 9 says:

• Provincial municipal audit
  
  9. (1) The Ministry, upon its own initiative or whenever requested by any municipality expressed by resolution of its council, or on a petition in writing signed by not less than fifty ratepayers assessed as owners and resident in a municipality, may direct a provincial municipal audit of the financial affairs of the municipality.
  
  Extent of audit
  
  (2) Any direction given by the Ministry may extend to an audit of all the financial affairs of a municipality or may be limited to the financial affairs of any local board thereof, or to any specified phase of such financial affairs or to any specified books, accounts, registers, records, vouchers, receipts, funds, money or financial transactions, kept by or under the charge of any officer of the municipality designated by the Ministry. R.S.O. 1990, c. M.46, s. 9.

So the big headline will read "Eddie introduces a Motion for a Provincial Audit to clear the air." What we will not read is who decides what that audit will be and how limited or extensive it will be! The Terms of Reference are the key elements and that was NOT discussed at all.

It is very late now as I write this BLOG (obviously I added in some of what I wrote last night after reading the Star story this morning) and frankly, I have too many thoughts going around in my mind to write very much. Some reflection time is needed to put this into a context and then I will write more fully.

However, let me tell you my immediate reaction as I watched the farce unfold.

DISGUST

At least Councillor Halberstadt did what he promised to do this time and maintained respect for the electorate. He refused to back down when he could easily have done so.

Perhaps my view of the world is all wrong. Who knows these days. Let me point out what I object to:

• A possible conflict when a Motion is introduced by the Mayor, a person whose actions may be examined under that Motion
• Councillors Marra, Lewnza and Brister whose actions may also be examined speaking on the Motion (Councillor Jones at least had the sense not to do so)
• No Terms of Reference being set out so the public would know the extent of the audit
• The Mayor speaking and writing directly to the Auditor General of Ontario in private when that person could be the investigator
• Procedural gamesmanship (Yes I heard the comment too about no delegations after the Presentation, something that I consider debatable) We saw a Motion being introduced, the Procedural By-law rules as to notice "waived" so no member of the public could speak since no one knew it was coming and then having a vote to try to foreclose any public discussion at a Council meeting
• The Mayor only said there would be a "discussion" in the media not the introduction of a Motion
• The great need tonight to act on the Motion after some weeks of inaction when there was no advance warning. If the matter was so urgent the Mayor could have called for a Special Council meeting with a few days notice that could have dealt with this matter and allowed the public to speak. It has been done with the border file.

Councillor Halberstadt deserves credit for introducing his Notice of Motion that would have been heard in two weeks and would have allowed public delegations to attend. However, the Mayor tried to outmanoeuvre him by introducing his Motion. Most would have folded then or withdrawn the Motion but Councillor Halberstadt stood to his word and left his Motion on the table so that the public can speak in two weeks.

I hope people come out and speak their mind.

Oh the media will be gushing in their praise for the Mayor taking leadership but you, dear reader know it is not true. Eddie did what he did to maintain control and so that no one would appear on TV denouncing his time on the WUC or blame him for the fiasco.

There is more to come but I need to watch my video of last night's meeting so I can write more.

As I said before, the story is just starting. Who knows where it will end!