Thoughts and Opinions On Today's Important Issues

Friday, September 21, 2007

W.ACT Legal Fund




I like the name that Chris Schnurr chose for his group: Windsor Association of Concerned Taxpayers.

I decided to play with the name a little bit and suggest that Chris use the acronym: W.ACT, pronounced WE ACT!

It is pretty clear that, to date, with relatively few people involved, terrific success has been achieved. Imagine forcing a Mayor who got almost 78% of the vote at the election less than a year ago and the Council to request a Provincial inquiry. Such action, the Ministry has said is "rare."

Doesn't this remind you of another citizens group in town, a grassroots group that became very powerful to the point that even the Windsor Star said that no politician could be elected in this area if the group opposed them. Of course, the group I'm talking about is STOPDRTP.

I had the honour of being General Counsel of that group and had the privilege of working with a very dedicated group of people whose objective was to achieve a result that made sense for the citizens of Windsor in the border crossing file.

I bring this up because I like the concept of starting a group similar to STOPDRTP that could act on behalf of the citizens when the need arises. The obvious example is the Windsor Utilities Commission fiasco. If ever there was a need for a strong and powerful group to be around to fight for taxpayers, it is now.

Can you imagine what a group like this would have done if it had existed around the time when the Mayor and Council pushed through an arena transaction that is making less and less sense every day.

One of the beauties of STOPDRTP was that it was able to achieve a lot without having very much money, contrary to the belief of many people. I would expect that the total amount of money that we raised was probably less than the amount that DRTP spent for a full page in the Windsor Star for one of its advertisements.

The group had the backing not only of citizens in South Windsor who resided along the rail corridor but also from citizens across the City. We also received some support from businesses who were negatively impacted by the proposed truck route. However, many businesses who were supportive nevertheless refused to do so publicly for fear of losing business to those who supported a DRTP solution.

If Chris can create the equivalent of a STOPDRTP, it will become the worst nightmare of some of those who are members of Council today.

Clearly, one of the first actions that W.ACT will have to decide to take is whether to bring an application under the Municipal Conflict of Interest Act respecting a possible conflict of interest of the Mayor and several of the Councillors who sit as members of WUC and Enwin. In fact, the entire Council may be conflicted since all of them indirectly receive money from Boards that Councillors sit on it. The money received is divided equally amongst all Councillors.

That brings me to the question of who is going to pay the costs for carrying on such a lawsuit, costs that can easily run into the six-figure mark if the matter is hotly contested. While I'm sure that Chris is a very fine fellow, and would like to help out his fellow citizens, I'm also certain that it would be unfair to put a financial burden on someone who is acting on behalf of the vast majority of the citizens of Windsor.

Accordingly, I will discuss the idea with Chris of setting up a nonprofit corporation, such as STOPDRTP was, to be the organization that provides the structure for citizens. I will also discuss with him the idea of creating a Legal Fund into which citizens of Windsor can make contributions to support required lawsuits to protect the interests of citizens. My belief is that only in such a manner can an effective group be set up without jeopardizing the financial future of the individuals involved.

Of course, if we had an open and transparent Council, obviously none of this would be required. If the Chair of WUC did not attack personally a person who dared question what has gone on, none of this would be needed. If we had a Ministry who actually talked and listened to the people and MPPs who were sensitive to our wishes, then none of this would be necessary!

There is no doubt that there are many angry Windsorites who are now just receiving their water bills and finding out about the huge increases and asking what can be done about it. There is no doubt as well that there are many angry people in Windsor who are unhappy about the way this City is being run, especially in relation to such extravaganza as the Windsor Arena and the US $75 million proposed Tunnel deal. There are small matters that stick in one's craw at a time of restraint such as the payments for Super Bowl and for the Detroit Grand Prix. Finally, there is no doubt that a number of businesses are very upset about the way that the City is run and how much is being lost economically.

It is fine to mouth off about all the negatives that are taking place in the City and to demand that something be done. It is another thing however to put your money where your mouth is. Are Windsorites prepared to contribute money to a group that will fight on their behalf against a municipal government with unlimited taxpayer funds that already seems to be out of touch with its citizens?

I do not know the answer to that but it is something that W.ACT members need to discuss over the next few days.

One of the things that I am going to suggest if a Legal Fund is started is that donations can be made anonymously. I have found since starting to write this BLOG that many people are prepared to provide information and assistance but are afraid to do so publicly since it could hurt their interest. As an example, a contractor in town could make a contribution to the Legal Fund without anyone in the municipal government knowing about it and being able to cause the company severe financial distress when it applies to the City for a permit or a rezoning.

Let me know what you think, and quickly. The deadline for bringing a conflict of interest action is very soon, within weeks. Heck, forget telling me what you think and send a cheque. If W.ACT goes along with my suggestion, I'll let you know where you can send money!

How much should you contribute---how about contributing the equivalent of the amount of a water bill for one month. The symbolism should be obvious!