Council's Defining Moment

There comes a time in a politician’s career when there is an issue that defines what that person is. There are two issues recently that are matters of principle to me:

1. The Mayor's "face-to-face" meeting response to Councillor Marra dealing with the secret meeting with the Detroit Mayor in Windsor and
   


2. the WeACT request for documents under the Municipal Freedom of Information Act.

There is now a third one... the resignation of the Chair of the Heritage Committee based on his charge that

• "the Olde Sandwich Towne heritage study is being used as a weapon in council's fight to stop the Ambassador Bridge from building a twin span."

That startling allegation will be the subject of a separate BLOG.

I had hoped that at least one Councillor had the guts last Monday at Council to deal with these matters. None did. The next meeting is a write-off since there will be a Strategic session instead so it may well be that nothing happens. If that is the case, Councillors should be embarrassed. It would be a shame for Windsor and a shame on them.

I am disgusted that we heard nothing from the Senior Councillor, Councillor Valentinis who has acted so strongly in the past. Nothing from Councillor Open and Transparency, Councillor Dilkens. Nothing from Councillor Mayor-in-Waiting, Councillor Marra. Nothing from Councillor S-Disturber, Councillor Halberstadt. Nothing from the semi-Iron Lady Councillor, Councillor Gignac who has had run-ins with the Mayor before publicly. Nothing from Ccouncillors....who would ever expect anything from the rest of them based on their actions to date.

Why am I concerned about the "face-to-face" answer? Check out my BLOG August 13, 2008, "Extra! Extra! New Eddie Disclosures! Read All About It!" As I am sure that you can tell, I was outraged when I stated:

• "New facts have come out that we’ve never heard before. Councillor Bill Marra did not hear it. I don’t know whether the Detroit prosecutors heard it. It was not revealed in the Star story on Saturday. It seems from what was said in the Editorial that the Star did not hear it either.
  
  It just seems that information comes out in dribs and drabs and things are told to different people at different times. But for this BLOG frankly, you would have to put it all together yourself...
  
  
  "We need that Judicial Inquiry and under oath and we need it now!"

What was the fundamental issue that I was addressing? I wrote:

• "I am writing this because I have to have trust in what my Mayor is telling me as a Citizen of Windsor. "

Of course, and I did not expect it, there was no demand for a judicial inquiry to determine the facts. More importantly however, no Councillor stood up at the beginning of the Council Meeting to demand at least, on a Point of Personal Privilege, that the Mayor apologize to Councillors and to the citizens of Windsor for what he said at the Council meeting.

Whether his comments were innocent or deliberate, it did not matter to me. He had not given Councillor Marra, his colleagues or the citizens of Windsor all of the facts that were relevant. For that, Council should have taken him to task.

This meeting really was the first time that such a step could be taken given all the problems on the other side. Instead, every single one of our Councillors let us down. Silence was the order of the day.

Is it a big deal? I think so. Look at this headline in the Hamilton Spectator:

• "Mayor spared council censure."

In Hamilton a lawyer can be hired to undertake an investigation when the mayor was accused of merely speaking to a newspaper columnist:

• "violating the city's code of conduct by having an off-the- record discussion of a private personnel matter with Spectator columnist."

In Windsor, our Councillors do not seem to be concerned to find out the facts surrounding the Mayor's comments at Council and thereby be able to make a proper determination about what action, if any, should be taken.

Why is the WeACT request so important? I am not at all suggesting that Council interfere in the Freedom of Information matter. However, there are actions that Council could take so that these documents can be public and be made public immediately.

The 400 Building audit has been played with for years now. If the initial report was so poorly drafted then one has to question almost everything that our Audit Department has done. That should cause a great concern to a Member of Council. I have not seen anyone discuss this matter yet.

If it is drafted properly, then why is it not being released? It is no longer a privilege issue or one of confidentiality. That horse left the barn a long time ago when the Mayor and a number of senior Administrators were given access to that Report. There is no excuse now for the public not to be been provided with that document just like with the MFP report that the Court of Appeal said lost its confidentiality because of the manner in which it was released.

Perhaps there is nothing wrong and that this whole matter has just been handled poorly. The opposite point of view is also out there that this whole situation stinks. Hiring an outside lawyer and an auditing firm to examine what has been done does not change the situation. All it does is provide more reasons for the public to believe that another whitewash audit will be prepared that is hiding the truth.

The $75 million Tunnel deal…well I have written enough about it that you should know why it is important and why the details must be released now, especially after what has happened to the Detroit Mayor and what may happen to a number of Detroit Councillors if the rumours are true.

Councillor Marra is a special case. It is not because he is our Mayor-in-waiting that I have fingered him. It is because he is unique. He is a member of both the Audit Committee and the Windsor Tunnel Commission. He is also a Councillor in the City of Windsor and has legal responsibilities under the Municipal Act.

Councillors Brister and Valentinis are on the Tunnel Commission with Councillor Marra while Councillor Halberstadt is also on the Audit Committee.

It is time for these Councillors in particular to make their choice. Will they be members of the "Team" and continue to keep all this material hidden away from citizens for years or force citizens to continue bringing Freedom of Information requests or court actions or will they find a way that this material can be provided to citizens at no cost immediately?

A very simple Resolution passed by Council would do the job and end this brouhaha. Why, the Windsor Star might even give them an accolade.

Instead, if they are gutless sycophants, then we can see what they are like and will know what we as citizens have to do at the next election with respect to their careers.

It should not be very hard for Councillors Mara and Halberstadt to understand what I'm saying. After all, they asked questions of the Mayor with respect to the Tunnel deal as Commissioners as an example. They have never yet been answered for about a year. In fact, Councillor Marra had to raise them as a Councillor publicly. They have still not yet been answered.

Again, to be direct, if Councillors have no respect for themselves to force the Mayor to answer questions or to force the production of documents, that is their issue. We need to see if they have respect for citizens to force a resolution that make sense to citizens.

I am very surprised. With all of the issues on the other side of the river with respect to text messages and disclosure of documents, I would have thought that this City would be extremely sensitive about the release of documentation to its citizens, especially given the purpose of the Municipal Freedom of Information Act and the "compelling public interest" statutory override of exemptions.

What is the solution? A Ministry investigation? Perhaps but our history is that we already had one white-wash audit. The Ministry spokesperson who was quoted in the Star did give us the answer for Windsor and he really did put the responsibility where it properly lies if only our Council had guts:

• "The group is expressing its concern and council should take it under consideration."

He is correct. The Councillors have no choice but to arrive at a decision that will satisfy the citizens of Windsor respecting the immediate disclosure of relevant documents immediately and at no cost. Nothing else is satisfactory!

This issue will test the Mayoral wannabes on Council. Do they have what it takes? Do they have the guts and the strength to take the tough positions and to make the hard decisions required of a leader and a Mayor. If not, we will remember them and wish them well on their next career as they leave us after the next election.