W.ACT R.acts
I have to assume that some political genius thought that attacking a bunch of Windsor taxpayers would mean that they would run away and not do anything further.
How else to explain the absurd actions by WUC Chair, Councillor Ken Lewenza and MPP/Cabinet Minister Dwight Duncan as they tried to smear W.ACT's founder, Chris Schnurr and the members of his group. Instead of working with citizens, these politicians arrogantly chose to fight them. Don't they understand that taxpayers are not going to be intimidated by those whom THEY elected. They just make themselves look foolish.
Another press conference was held today, as promised, to outline what W.ACT was going to do. If someone believed that nothing would happen, they were sadly mistaken. An Ontario Municipal Board Application was filed. Its purpose was effectively to set aside what the Mayor and Council did in passing a Motion that the citizens of Windsor did not want. If successful, it will permit a full financial, business and operational audit to be undertaken as taxpayers want.
Confirmation was also provided the meeting will be held with Junior. Whether anything useful will come from that meeting given Junior's attitude to W.ACT remains to be seen.
I trust also that the Provincial candidates will see the reference in the speech to what Dwight and Sandra discussed and will understand that the Windsor Utilities matter is an election issue for them that could get them defeated.
To me however, the most interesting part of the speech deals with the Legal Fund. If the group can be successful in getting some financing from citizens, then citizens will have a powerful voice in this City once again will not be at the mercy of the Mayor and Council. The fact that donations may be anonymous will cause great consternation at City Hall. I can just see how worried certain people will be wondering who made donations. All of the people who are for business reasons afraid to jeopardize their relationship with City Hall now have an outlet. Since the group, the legal fund and the donors are not within the control of City Hall, I can just imagine how worried certain people are that they may now have lost control.
All of this because of a few drops of water in some pipes. It's crazy!
For your reading enjoyment, the press conference speech and Ontario Municipal Board application
Notes for Press Conference
September 25, 2007
12:15 P.M.
Concerned citizens and members of the press.
I’d like to start by thanking, first and foremost the residents of Windsor who have shared their concerns and offered their support to the Windsor Association of Concerned Taxpayers or WeAct.
On behalf of WeACT, I would also like to thank George Sofos, owner of the Junction, for selflessly donating this space so we can hold our public meetings.
I’ll begin with a quotation from anthropologist and feminist Margaret Mead:
“Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has.”
Last week, Windsor Association of Concerned Taxpayers demanded a full and complete financial, business and operational investigation of the WUC and any third party relationships with Enwin by an independent third party. On behalf of taxpayers, we also wished to have input into the Terms of Reference before they are finalized by the Ministry of Municipal Affairs .
We also demanded the following from our City Council and our provincial cabinet ministers, Dwight Duncan and Sandra Pupatello. Of our city council we demanded that they:
1. Withdraw the 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 an
application under Section 7 of the Municipal Conflicts of Interest Act to ask a Judge for
direction 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.
Of our Liberal cabinet ministers we asked:
1. That MPP’s Sandra Pupatello and Dwight Duncan immediately ask the Auditor
General, under section 17 of the Auditor General Act, to undertake a “special
assignment” - a value for money audit of WUC and Enwin ;
2. In the alternative, that they immediately ask the Minister of Municipal Affairs under
Section 10 of the Municipal Affairs Act to “make an inquiry into any of the affairs of a
municipality” and in particular with respect to the WUC/Enwin matter as was requested
in the Mayor’s motion; and finally
3. The terms of reference of either alternative must be discussed with the citizens of
Windsor at a special meeting called for that purpose so citizens can finally express their
opinion as to what should be done.
We have called you here today to state unequivocally we intend to pursue our plan of action. We did not demand anything too onerous a task. We demanded accountability. We demanded transparency. We demanded answers.
Our message is clear – we do not simply talk about a plan of action. We Act.
The response from our elected officials, namely Councillor Ken Lewenza Jr. and Liberal M.P.P. Dwight Duncan were most unfortunate as they were dismissive of the concerns of residents. Rather than provide fact-based dialogue they felt it prudent to not only discredit the concerns of residents, but also to smear the call to action from our association. Rather than acknowledge and defend the rights that the citizens of Windsor have, Dwight Duncan chose to defend the City of Windsor from taxpayers.
We believe our demands are reasonable and are reflective of the concerns and needs of the voting taxpayers in Windsor.
Liberals, New Democrats, Greens and Progressive Conservatives in the city have united, not to “beat up the municipality” as Dwight Duncan claims, but to demand action. To demand accountability. To represent our concerns on an $830 million bill that will impact taxpayers now and into the future.
Our elected officials must remember what VOTE means – the Voice of Taxpayers Everywhere. Today, we stand united to remind them of this obligation, their contract, if you may, with the residents of the City of Windsor.
It’s about respect.
We deserve no less.
So, what are we going to do?
First, we acknowledge that we are currently arranging a meeting with WUC Chair Ken Lewenza. Despite his past insulting comments regarding the actions of our association, we welcome the opportunity to discuss our demands.
However, we laid out a comprehensive plan of action – an action plan that demanded meaningful discussion and compliance with our demands within a week.
While we look forward to meeting with Councillor Lewenza, we have filed our application to the Ontario Municipal Board, which you all have been provided a copy of. If our demands are honoured, we will withdraw our application to the Ontario Municipal Board.
Briefly, our OMB Application states that it is our opinion that with respect to the Motion regarding the Windsor Utilities Commission investigation, the City of Windsor has contravened or failed to comply with the requirements of the Municipal Act and the City’s Procedural By-law.
It is also our position that any action by the Ministry of Municipal Affairs carried out as a result of the Motion being passed is also improper and a nullity.
In our opinion, the only valid Motion was the one which requested that the Ontario Auditor General investigate this matter. That Motion was never heard and so was never voted on.
We do not seek confrontation – we simply demand that the wrongs as of late be corrected – that council respond to the wishes of the hard working citizens of Windsor. If no such resolution can be found – WE will ACT accordingly.
On the issue of potential conflicts of interest for our Mayor and some members of council who serve on the board of the Windsor Utilities Commission – our resolve is clear. Though the City of Windsor now seems to have changed their position and stated that there is no conflict of interest, we continue to believe otherwise.
However, the legal cost of undertaking such an application is enormous. The City of Windsor has at their disposal your tax dollars to hire lawyers to act for them. We, the residents of Windsor and members of WeACT have only our pay cheques.
This is the reality that we face.
Therefore, WeACT will establish a Legal Fund to which taxpayers may contribute to assist us in our endeavour. What other recourse is available to citizens when we are not even able to make council presentations. The purpose of this legal fund is to assist us with funding any potential challenges regarding conflicts of interest in the WUC matter; and to ensure that taxpayers in the City of Windsor will have a both a ways and a means of making legitimate challenges of decisions made by City Hall.
It will serve to hold our elected representatives accountable.
Donations to the fund would be anonymous if a taxpayer so chose, thereby eliminating any perceived or real concerns of retribution. The fund could grow, with what WeACT believes to be a symbolic gesture of a donation of an amount equalling one month of your new water bill.
The time for this is long overdue. The time has come for citizens to have a method of recourse.
Finally, WeACT continues to have concerns over the nature of the conversation between our M.P.P’s, the Mayor’s office and the Ministry, particularly since Dwight Duncan has expressed publicly that he is more concerned about protecting the City from ratepayers than he is in representing the residents. We call upon our provincial Ministers to disclose the details of these conversations to put to rest any suspicion of exerting influence.
This is not a blame game.
This is not about agendas or personal motivations.
This is all about accountability, transparency and public participation in the process.
Full, open and meaningful discussions with the public, by all levels of government, will yield better results for all ratepayers in Windsor.
We are not out to change the world. Nor are we out to “beat up” our city – the city which each and every one of us cares deeply and passionately about.
We are demanding our place at the table.
We are demanding that our elected officials represent our desires – without intimidation nor condemnation.
The thoughtful and committed residents are demanding respect.
To Minister Dwight Duncan and Councillor Lewenza – accountability is our agenda; the concerns of residents are our motivation.
We are committed and we will not rest until the concerns of residents are addressed accordingly.
TO: ONTARIO MUNICIPAL BOARD
RE: WINDSOR UTILITIES COMMISSION
I wish to file an application pursuant to Section 71 (b) of the Ontario Municipal Board Act with respect to the Windsor Utilities Commission.
TYPE OF APPLICATION
The Board has jurisdiction to hear and determine any application with respect to any public utility, its construction, maintenance or operation by reason of the contravening or failure to comply on the part of any person or municipality of or with the requirements of this or any other general or special Act, or of any regulation, rule, by-law or order made thereunder.
This appeal arises because of actions that took place at Windsor Council on August 13 and August 27, 2007 with respect to the Commission.
APPLICATION SPECIFIC INFORMATION
Windsor Utilities Commission provides a water distribution system for the Corporation of the City of Windsor as a “public utility” [a system that is used to provide any of the following services or things for the public: (i) water, under the Municipal Act]
There has been a major controversy surrounding the Windsor Utilities Commission respecting watermain replacement and the huge increases in the water charges that lead to huge increases in sewer surcharges. The issues include but are not limited to:
Why wasn’t the watermain issue recognized earlier or was it
Were watermain levy charges kept down due to “politics”
Were watermain levy funds diverted improperly
Are the levies proper ones
Are there alternatives to replacement or methods of replacement?
Could the charges be “phased in” over time
Were certain customers not charged for water usage
Who is responsible for the “fiasco”
Were the Mayor and certain Councillors in conflict of interest when this matter was discussed at Council
As a result, the City of Windsor passed the following Motion on August 13, 2007 that was introduced by the Mayor:
Moved by Mayor Francis, seconded by Councillor Marra,
M218-2007 WHEREAS, pursuant to Section 9 of the Municipal Affairs Act, R.S.O. 1990, c.M.46, and amendments thereto, (the "Act") the Ministry of Municipal Affairs and Housing (the "Ministry"), may, whenever requested by any municipality expresses by resolution of its council, direct a provincial municipal audit into the financial affairs of the municipality; and
WHEREAS, pursuant to section 9(2) of the Act, the scope of such a provincial municipal audit may be limited to the financial affairs of any local board of a municipality; and
WHEREAS the Windsor Utilities Commission (WUC) is a local board of the Corporation of the City of Windsor; and
WHEREAS the involvement of the Provincial Auditor has been identified as the likely party to conduct such an audit of WUC; and
WHEREAS the Council of the Corporation of the City of Windsor requests a timely response by the Province to the matters identified;
NOW BE IT RESOLVED that the Council of the Corporation of the City of Windsor requests that the Ministry direct, pursuant to Sections 9 and 10 of the Act, a provincial municipal audit into the financial affairs of WUC.
Carried.
NATURE OF THE APPLICATION AND THE REASONS FOR THE APPLICATION
This is a matter with respect to a public utility (the Windsor Utilities Commission), in which the City of Windsor has contravened or failed to comply with the requirements of the Municipal Act and the City’s Procedural By-law.
It is my position that the Motion was passed improperly and is a nullity with the result that any action by the Ministry of Municipal Affairs carried out as a result of the Motion being passed is also improper and a nullity. In my opinion, the only valid Motion was that by a Windsor Councillor, Alan Halberstadt, which requested that the Ontario Auditor General investigate this matter. That Motion was never heard on August 27, although on the Order of Business, since it was deemed to be a “reconsideration.”
The Mayor’s Motion was improper and rulings made in this matter at the meetings on August 13 and 27 were legally incorrect for the following reasons:
1) A Councillor’s Motion had been introduced prior to that of the Mayor’s Motion (M218-2007). Under the City’s Procedural By-law, the Councillor’s Motion had precedence yet the Mayor’s Motion was improperly heard first and passed first.
2) The Councillor’s Motion wanted the Ontario Auditor General to undertake the inquiry. That inquiry may have been prejudiced such that the Auditor General can no longer undertake it even if asked since the Mayor called the Auditor General privately and discussed certain aspects of the inquiry.
3) The Clerk incorrectly ruled that the Mayor’s Motion also had precedence since the Councillor’s Motion was a mere “Notice.” The Clerk erred because a Motion is commenced by a “Notice” under the Procedural By-law and cannot be heard until the next Council meeting unless the Rules are waived.
4) Under the rules, the Councillor’s Motion had to be voted on first
5) The Clerk should have ruled that the Mayor‘s Motion was “unfriendly” and could not have been heard at all unless the Councillor’s Motion was defeated
6) The Councillors’ Motion was never heard, although it was to be debated at the next Council meeting, since the Clerk held it was a Reconsideration under the Procedural By-law
7) The Clerk made such a determination in advance of the Council meeting and without hearing arguments first.
8) The Mayor introduced his Motion while still in the Chair and without surrendering the Chair and arranging for another Member of Council to be Chair in violation of the rules
9) The Mayor’s actions deprived members of the public of their right to appear as Delegations under the Procedural By-law and is a denial of natural justice.
10) The Mayor and as many as six of the other ten Councillors may be in a Conflict of Interest position under the Municipal Conflict of Interest Act in this matter since they were or are Chairs or Commissioners of WUC or its related company, Enwin. If pooling of Board payments and dividing them equally amongst Councillors is considered, all Councillors may be in conflict.
11) At no time did the City Solicitor intervene, although present, and advise the Mayor and Councillors and the Clerk that what was being done could be viewed as improper except for the matter relating to conflict of interest and only because he was asked.
12) The Terms of Reference of the inquiry were not set out in the Motion
Enclosed is my money order in the amount of $125.00 for the Application in this matter payable to the Minister of Finance.
Respectfully submitted,
Dated at Windsor, Ontario, this 25th day of September, 2007
How else to explain the absurd actions by WUC Chair, Councillor Ken Lewenza and MPP/Cabinet Minister Dwight Duncan as they tried to smear W.ACT's founder, Chris Schnurr and the members of his group. Instead of working with citizens, these politicians arrogantly chose to fight them. Don't they understand that taxpayers are not going to be intimidated by those whom THEY elected. They just make themselves look foolish.
Another press conference was held today, as promised, to outline what W.ACT was going to do. If someone believed that nothing would happen, they were sadly mistaken. An Ontario Municipal Board Application was filed. Its purpose was effectively to set aside what the Mayor and Council did in passing a Motion that the citizens of Windsor did not want. If successful, it will permit a full financial, business and operational audit to be undertaken as taxpayers want.
Confirmation was also provided the meeting will be held with Junior. Whether anything useful will come from that meeting given Junior's attitude to W.ACT remains to be seen.
I trust also that the Provincial candidates will see the reference in the speech to what Dwight and Sandra discussed and will understand that the Windsor Utilities matter is an election issue for them that could get them defeated.
To me however, the most interesting part of the speech deals with the Legal Fund. If the group can be successful in getting some financing from citizens, then citizens will have a powerful voice in this City once again will not be at the mercy of the Mayor and Council. The fact that donations may be anonymous will cause great consternation at City Hall. I can just see how worried certain people will be wondering who made donations. All of the people who are for business reasons afraid to jeopardize their relationship with City Hall now have an outlet. Since the group, the legal fund and the donors are not within the control of City Hall, I can just imagine how worried certain people are that they may now have lost control.
All of this because of a few drops of water in some pipes. It's crazy!
For your reading enjoyment, the press conference speech and Ontario Municipal Board application
Notes for Press Conference
September 25, 2007
12:15 P.M.
Concerned citizens and members of the press.
I’d like to start by thanking, first and foremost the residents of Windsor who have shared their concerns and offered their support to the Windsor Association of Concerned Taxpayers or WeAct.
On behalf of WeACT, I would also like to thank George Sofos, owner of the Junction, for selflessly donating this space so we can hold our public meetings.
I’ll begin with a quotation from anthropologist and feminist Margaret Mead:
“Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has.”
Last week, Windsor Association of Concerned Taxpayers demanded a full and complete financial, business and operational investigation of the WUC and any third party relationships with Enwin by an independent third party. On behalf of taxpayers, we also wished to have input into the Terms of Reference before they are finalized by the Ministry of Municipal Affairs .
We also demanded the following from our City Council and our provincial cabinet ministers, Dwight Duncan and Sandra Pupatello. Of our city council we demanded that they:
1. Withdraw the 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 an
application under Section 7 of the Municipal Conflicts of Interest Act to ask a Judge for
direction 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.
Of our Liberal cabinet ministers we asked:
1. That MPP’s Sandra Pupatello and Dwight Duncan immediately ask the Auditor
General, under section 17 of the Auditor General Act, to undertake a “special
assignment” - a value for money audit of WUC and Enwin ;
2. In the alternative, that they immediately ask the Minister of Municipal Affairs under
Section 10 of the Municipal Affairs Act to “make an inquiry into any of the affairs of a
municipality” and in particular with respect to the WUC/Enwin matter as was requested
in the Mayor’s motion; and finally
3. The terms of reference of either alternative must be discussed with the citizens of
Windsor at a special meeting called for that purpose so citizens can finally express their
opinion as to what should be done.
We have called you here today to state unequivocally we intend to pursue our plan of action. We did not demand anything too onerous a task. We demanded accountability. We demanded transparency. We demanded answers.
Our message is clear – we do not simply talk about a plan of action. We Act.
The response from our elected officials, namely Councillor Ken Lewenza Jr. and Liberal M.P.P. Dwight Duncan were most unfortunate as they were dismissive of the concerns of residents. Rather than provide fact-based dialogue they felt it prudent to not only discredit the concerns of residents, but also to smear the call to action from our association. Rather than acknowledge and defend the rights that the citizens of Windsor have, Dwight Duncan chose to defend the City of Windsor from taxpayers.
We believe our demands are reasonable and are reflective of the concerns and needs of the voting taxpayers in Windsor.
Liberals, New Democrats, Greens and Progressive Conservatives in the city have united, not to “beat up the municipality” as Dwight Duncan claims, but to demand action. To demand accountability. To represent our concerns on an $830 million bill that will impact taxpayers now and into the future.
Our elected officials must remember what VOTE means – the Voice of Taxpayers Everywhere. Today, we stand united to remind them of this obligation, their contract, if you may, with the residents of the City of Windsor.
It’s about respect.
We deserve no less.
So, what are we going to do?
First, we acknowledge that we are currently arranging a meeting with WUC Chair Ken Lewenza. Despite his past insulting comments regarding the actions of our association, we welcome the opportunity to discuss our demands.
However, we laid out a comprehensive plan of action – an action plan that demanded meaningful discussion and compliance with our demands within a week.
While we look forward to meeting with Councillor Lewenza, we have filed our application to the Ontario Municipal Board, which you all have been provided a copy of. If our demands are honoured, we will withdraw our application to the Ontario Municipal Board.
Briefly, our OMB Application states that it is our opinion that with respect to the Motion regarding the Windsor Utilities Commission investigation, the City of Windsor has contravened or failed to comply with the requirements of the Municipal Act and the City’s Procedural By-law.
It is also our position that any action by the Ministry of Municipal Affairs carried out as a result of the Motion being passed is also improper and a nullity.
In our opinion, the only valid Motion was the one which requested that the Ontario Auditor General investigate this matter. That Motion was never heard and so was never voted on.
We do not seek confrontation – we simply demand that the wrongs as of late be corrected – that council respond to the wishes of the hard working citizens of Windsor. If no such resolution can be found – WE will ACT accordingly.
On the issue of potential conflicts of interest for our Mayor and some members of council who serve on the board of the Windsor Utilities Commission – our resolve is clear. Though the City of Windsor now seems to have changed their position and stated that there is no conflict of interest, we continue to believe otherwise.
However, the legal cost of undertaking such an application is enormous. The City of Windsor has at their disposal your tax dollars to hire lawyers to act for them. We, the residents of Windsor and members of WeACT have only our pay cheques.
This is the reality that we face.
Therefore, WeACT will establish a Legal Fund to which taxpayers may contribute to assist us in our endeavour. What other recourse is available to citizens when we are not even able to make council presentations. The purpose of this legal fund is to assist us with funding any potential challenges regarding conflicts of interest in the WUC matter; and to ensure that taxpayers in the City of Windsor will have a both a ways and a means of making legitimate challenges of decisions made by City Hall.
It will serve to hold our elected representatives accountable.
Donations to the fund would be anonymous if a taxpayer so chose, thereby eliminating any perceived or real concerns of retribution. The fund could grow, with what WeACT believes to be a symbolic gesture of a donation of an amount equalling one month of your new water bill.
The time for this is long overdue. The time has come for citizens to have a method of recourse.
Finally, WeACT continues to have concerns over the nature of the conversation between our M.P.P’s, the Mayor’s office and the Ministry, particularly since Dwight Duncan has expressed publicly that he is more concerned about protecting the City from ratepayers than he is in representing the residents. We call upon our provincial Ministers to disclose the details of these conversations to put to rest any suspicion of exerting influence.
This is not a blame game.
This is not about agendas or personal motivations.
This is all about accountability, transparency and public participation in the process.
Full, open and meaningful discussions with the public, by all levels of government, will yield better results for all ratepayers in Windsor.
We are not out to change the world. Nor are we out to “beat up” our city – the city which each and every one of us cares deeply and passionately about.
We are demanding our place at the table.
We are demanding that our elected officials represent our desires – without intimidation nor condemnation.
The thoughtful and committed residents are demanding respect.
To Minister Dwight Duncan and Councillor Lewenza – accountability is our agenda; the concerns of residents are our motivation.
We are committed and we will not rest until the concerns of residents are addressed accordingly.
TO: ONTARIO MUNICIPAL BOARD
RE: WINDSOR UTILITIES COMMISSION
I wish to file an application pursuant to Section 71 (b) of the Ontario Municipal Board Act with respect to the Windsor Utilities Commission.
TYPE OF APPLICATION
The Board has jurisdiction to hear and determine any application with respect to any public utility, its construction, maintenance or operation by reason of the contravening or failure to comply on the part of any person or municipality of or with the requirements of this or any other general or special Act, or of any regulation, rule, by-law or order made thereunder.
This appeal arises because of actions that took place at Windsor Council on August 13 and August 27, 2007 with respect to the Commission.
APPLICATION SPECIFIC INFORMATION
Windsor Utilities Commission provides a water distribution system for the Corporation of the City of Windsor as a “public utility” [a system that is used to provide any of the following services or things for the public: (i) water, under the Municipal Act]
There has been a major controversy surrounding the Windsor Utilities Commission respecting watermain replacement and the huge increases in the water charges that lead to huge increases in sewer surcharges. The issues include but are not limited to:
Why wasn’t the watermain issue recognized earlier or was it
Were watermain levy charges kept down due to “politics”
Were watermain levy funds diverted improperly
Are the levies proper ones
Are there alternatives to replacement or methods of replacement?
Could the charges be “phased in” over time
Were certain customers not charged for water usage
Who is responsible for the “fiasco”
Were the Mayor and certain Councillors in conflict of interest when this matter was discussed at Council
As a result, the City of Windsor passed the following Motion on August 13, 2007 that was introduced by the Mayor:
Moved by Mayor Francis, seconded by Councillor Marra,
M218-2007 WHEREAS, pursuant to Section 9 of the Municipal Affairs Act, R.S.O. 1990, c.M.46, and amendments thereto, (the "Act") the Ministry of Municipal Affairs and Housing (the "Ministry"), may, whenever requested by any municipality expresses by resolution of its council, direct a provincial municipal audit into the financial affairs of the municipality; and
WHEREAS, pursuant to section 9(2) of the Act, the scope of such a provincial municipal audit may be limited to the financial affairs of any local board of a municipality; and
WHEREAS the Windsor Utilities Commission (WUC) is a local board of the Corporation of the City of Windsor; and
WHEREAS the involvement of the Provincial Auditor has been identified as the likely party to conduct such an audit of WUC; and
WHEREAS the Council of the Corporation of the City of Windsor requests a timely response by the Province to the matters identified;
NOW BE IT RESOLVED that the Council of the Corporation of the City of Windsor requests that the Ministry direct, pursuant to Sections 9 and 10 of the Act, a provincial municipal audit into the financial affairs of WUC.
Carried.
NATURE OF THE APPLICATION AND THE REASONS FOR THE APPLICATION
This is a matter with respect to a public utility (the Windsor Utilities Commission), in which the City of Windsor has contravened or failed to comply with the requirements of the Municipal Act and the City’s Procedural By-law.
It is my position that the Motion was passed improperly and is a nullity with the result that any action by the Ministry of Municipal Affairs carried out as a result of the Motion being passed is also improper and a nullity. In my opinion, the only valid Motion was that by a Windsor Councillor, Alan Halberstadt, which requested that the Ontario Auditor General investigate this matter. That Motion was never heard on August 27, although on the Order of Business, since it was deemed to be a “reconsideration.”
The Mayor’s Motion was improper and rulings made in this matter at the meetings on August 13 and 27 were legally incorrect for the following reasons:
1) A Councillor’s Motion had been introduced prior to that of the Mayor’s Motion (M218-2007). Under the City’s Procedural By-law, the Councillor’s Motion had precedence yet the Mayor’s Motion was improperly heard first and passed first.
2) The Councillor’s Motion wanted the Ontario Auditor General to undertake the inquiry. That inquiry may have been prejudiced such that the Auditor General can no longer undertake it even if asked since the Mayor called the Auditor General privately and discussed certain aspects of the inquiry.
3) The Clerk incorrectly ruled that the Mayor’s Motion also had precedence since the Councillor’s Motion was a mere “Notice.” The Clerk erred because a Motion is commenced by a “Notice” under the Procedural By-law and cannot be heard until the next Council meeting unless the Rules are waived.
4) Under the rules, the Councillor’s Motion had to be voted on first
5) The Clerk should have ruled that the Mayor‘s Motion was “unfriendly” and could not have been heard at all unless the Councillor’s Motion was defeated
6) The Councillors’ Motion was never heard, although it was to be debated at the next Council meeting, since the Clerk held it was a Reconsideration under the Procedural By-law
7) The Clerk made such a determination in advance of the Council meeting and without hearing arguments first.
8) The Mayor introduced his Motion while still in the Chair and without surrendering the Chair and arranging for another Member of Council to be Chair in violation of the rules
9) The Mayor’s actions deprived members of the public of their right to appear as Delegations under the Procedural By-law and is a denial of natural justice.
10) The Mayor and as many as six of the other ten Councillors may be in a Conflict of Interest position under the Municipal Conflict of Interest Act in this matter since they were or are Chairs or Commissioners of WUC or its related company, Enwin. If pooling of Board payments and dividing them equally amongst Councillors is considered, all Councillors may be in conflict.
11) At no time did the City Solicitor intervene, although present, and advise the Mayor and Councillors and the Clerk that what was being done could be viewed as improper except for the matter relating to conflict of interest and only because he was asked.
12) The Terms of Reference of the inquiry were not set out in the Motion
Enclosed is my money order in the amount of $125.00 for the Application in this matter payable to the Minister of Finance.
Respectfully submitted,
Dated at Windsor, Ontario, this 25th day of September, 2007
posted by JoeBlog at 3:10 p.m.
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