Chris Schnurr
Carol Kosowan LL.B., B.A. (Law), B.A. (Policy)
Update: Thank goodness there is at least one councillor willing to take action. According to the Windsor Star, Thursday evening, Councillor Bill Marra filed a complaint with the integrity commissioner Thursday morning:
“I think an investigation has to be undertaken,” said Ward 4 Coun. Bill Marra, who advised his colleagues Thursday morning that he had faxed a complaint to the city’s new integrity commissioner, Earl Basse.
“I took it upon myself to file a complaint and trigger an investigation independent of city hall, independent of city council.”
I do not know how successful the Integrity Commissioner will be in tracking down the source of the leak – unless the individual(s) in question step forward, or A-News reveals the source – a possible, but unlikely situation.
What I do know, from my limited experience in filing an integrity complaint against Mayor Francis, is the Commissioner has significant powers to acquire information and/or interview anyone within the Corporation – and they must comply. (Full text of WeACT’s complaint here).
As an aside, despite attempts to contact the integrity commissioner for an update regarding WeACT’s complaint, none has been forthcoming.
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Thanks to BBS for pointing this out. I’ve saved a copy of the CUPE complaint to the Labour Relations Board here. I haven’t read it all yet, but what I’ve read thus far was disclosed by Windsor City blog some time ago.
Mayor Francis “livid”; denies leaking information to the media – A-News coverage here.
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Of course Mayor Francis would claim CUPE’s 30 pages supporting their claim of bad-faith are “frivolous.” That is the standard reponse.
As if the Mayor would state, “Yes, CUPE’s allegations are valid and our negotiating team has acted in bad-faith.”
Maybe in a Simpson’s episode, but not in real life.
But on that note, it’s about time.
After nearly 10-weeks and Councillor Postma’s blog regarding how the negotiating team hasn’t had the flexibility to negotiate, I have to ask why the CUPE leadership waited so long?
Mayor Francis is also claiming the city will conduct an “internal investigation” into the “leak” of information to the media as it relates to negotiations with CUPE:
Francis released to the media a copy of the 30-page complaint CUPE filed with the Ontario Labour Relations Board.
Francis said the city would be conducting an internal investigation into a leak of the latest offer to the media Wednesday evening.
Forget the “internal” investigation – this is what the Office of the Integrity Commissioner is for.
Gosh, there are so many leaks at city hall, aren’t there?
Greenlink updates and/or compromises provided to the media before the public; leaks to Star columnist Gord Henderson; leaks about private information and parking tickets; and now leaks regarding negotiations that were supposed to be under a “media blackout.”
Call in the plumber – otherwise known as Integrity Commissioner, Earl Basse.
There was a recent case in the City of Hamilton when sensitive personnel documents were disclosed to the media – and council took the bull by the horns:
Hamilton councillors were grappling Wednesday night with a report that sources say finds Mayor Fred Eisenberger violated the city’s code of conduct by discussing a private personnel matter in an off the record discussion with Spectator columnist Andrew Dreschel in May 2007.
George Rust-D’Eye’s confidential report was to be presented behind closed doors at the end of council’s regular meeting, which began at 7 p.m. Copies were made available to councillors at noon.
The Toronto lawyer, hired to probe the mayor’s actions after a recording of the conversation was leaked, reportedly recommends no disciplinary action, a finding that quickly upset some councillors who note the mayor had criticized other politicians for leaking confidential information.
Why the “internal” investigation?
Also, I have emailed Mayor Francis and the City Clerk for a copy of the 30-page complaint from CUPE. Why should the media receive this document and not members of the public?
Date: Thu, 18 Jun 2009 16:30:30 -0400
To: vcritchley@city.windsor.on.ca
Subject: CUPE Complaint
From: chrisXXXXXXX@XXXXXXXXXX
CC: mayoro@city.windsor.on.ca
Since the Mayor has disclosed the document to the media, I am requesting a copy of the 30-page complaint to the Labour Board CUPE has filed.
“Francis released to the media a copy of the 30-page complaint CUPE filed with the Ontario Labour Relations Board.
Francis said the city would be conducting an internal investigation into a leak ofthe latest offer to the media Wednesday evening.”
Regards,
Chris Schnurr
Makes you wonder what the allegations are doesn’t it?
Filed under: Uncategorized
Who is the “Integrity Commissioner” anyway? Mr. Magoo? The 3 hear, speak, see no evil chimps?
The dreamland city workers live in is – no competition, for their dubious so-called “services”. They don’t have to worry about their manufacturing job getting shipped to impoverished 3rd world countries where workers toil all day making products they can’t afford to buy themselves.
Don’t forget: only government can “lose money” running an absolute monopoly – does Ontario Hydro ring a bell?
Twelve layers of “management”?
Heck, every city manages to “lose money” renting empty air space (parking) fer pete’sake, they “vote” on their own raises, conduct “investigations” into their own corruption. No different than having the RCMP investigate the RCMP. What do you suppose they might conclude? Unions and management do a little dance to decide how to carve up the taxpayer pie, but they are both on the same side of equation.
Who wants a raise? Hands up!
These boobs aren’t qualified to run a Taco Bell, never mind a multi million dollar tax base.
Then we all sit around scratching our heads when they rob us blind or waste mountains of money on goofy schemes.
So … it’s either frivolous, or it’s serious enough to involve the Integrity Commissioner. Which is it, Eddie?
You can get the CUPE complaint on the Star’s site – http://www.windsorstar.com/pdf/cupedocument.pdf
A note from a reader:
Here’s my take: the “leak”, and the “bargaining in bad faith claim” are related, and someone from the city’s side let it out that it was decided in the in camera meeting that it’s the City’s plan to keep CUPE out until the fall. That would explain at least 3 things:
- Caroline Postma’s storming out
- Halberstadt’s bolded comment at the top of his latest blog this morning “I have my fingers crossed that the negotiations today go well. (When I first read it, I knew things wouldn’t go well today)
- Eddie’s comment last night “discouraging optimism”, and his sudden 180 late this afternoon that he’d hoped to have settled things today
Just a hunch.
Thanks BBS – I didn’t see it at 4:30 when I wrote this blog entry.
Maybe the river of leaks starts at the Chief of Staff “thingy” and flows to the so called Windsor Star editor “thingy”… sometimes pillow talk can be so revealing.
First, yay! the strike is over. My garbage is going out to the curve today. Watching CBC last night and before the negotiations broke-off the union conceded on PRBs for new hires and the compensation ceiling (union demands) and floor (city offer) were also set. Now all the cards are on the table and it is only a question of timing.
Which brings me to my other point. Who benefits from the talks breaking-off? Who controls the timing now? Not the city. They are clearly on the defensive. CUPE can now decide when negotiations resume. They have control of the crucial lever in the negotiations – timing.
Ether brilliant maneuvering or lucky break for CUPE!!!
takemdown: Except that it was the A Channel that made the information public not the Windsor Star.
Edwin: What on earth are you talking about? Exactly how does negotiations breaking down help CUPE?
Email from a reader:
Tried to post but I don’t seem to be able to.
The leak:
The mayor’s personal assistant is married to Coleman editor of the Star.
The mayor’s wife is employed with CKLW and pays giant fees for Saturday mornings wellness infomercials.
The “A” channel has been aloof when getting involved with the municipal strike due to the fact when the broadcasting company wanted to get rid of Windsor programming many stepped forward to help them, the mayor and other politicians.
So their allegiance is to the City not the union.
No newspaper would print no radio or TV will announce something without actual proof or if the source is a stable reputable person.
They would not listen to the union as it could be a ploy to start trouble so in my mind it had to be someone they trusted which would be a high positioned person from the city.
After all it is the city’s offer of money they are the ones paying.
Maybe it was typed up on the computer that evening and “ACCIDENTLY” got transmitted from the mayors office.
That sounds good maybe the mayor should use that one.
The union said it would be impossible now to sell this contract at the 1:00 meeting something that is done once the negotiating team agrees.
Aside from determining who leaked what, is WHAT was leaked ACCURATE?
In tonight’s Star article entitled “Integrity commissioner to probe Windsor councillors about leak” by Donald McArthur, the reporter’s last statement was:
“The union’s complaint says the offer as reported by the media WAS EXACTLY THE PROPOSAL tabled by the union.”
Yet in the article by Doug Schmidt entitled “CUPE denies leak, may amp up strike activitity”:
According to the leak, CUPE appeared ready to relent on the city’s insistence that new hires no longer be entitled to post-retirement benefits.
“Definitely untrue,” Wood said Friday when asked by reporters if those benefits, which the city has described as a threshold issue, were taken off the table.
Donald McArthur must also have a copy of the Local 82 proposal that was leaked to the media in order to make such a claim.
I caught that last night when I read the article.
Was the leak “verbal” or was it documents – I didn’t see the A-News report.
If it was documents, perhaps the Windsor Star ought to publish them as they did with CUPE’s complaint to the Labour Relations Board.
Then we can know with certainty.
It would seem the leak IS accurate, since Eddie is willing to continue with a new mediator “if the union agrees the labour talk will pick up where it left off. ”
http://toronto.ctv.ca/servlet/an/local/CTVNews/20090621/windsor_talks_090621/20090621/?hub=TorontoNewHome
Obviously Eddie really liked where the talks were headed at the time the leak happened. And judging by his disappointment with the leak, did he have the mediator in his pocket along with the Windsor Star the whole time?
Interesting theory.
The integrity commissioner would never find that out since he is restricted to members of council only.
The internal “probe” may or may not find that out – but it would a great relief for the Mayor to be able to “blame” the past (past mediator), as he likes to do with nearly every other issue that is haunting him.
Would the “internal” probe find this out? Not likely. Because an internal probe is not the same as an enquiry. No one under oath etc. So for anyone to blame a mediator; there would have to be ample evidence; or an admission of guilt by the mediator.
Though what does under oath really mean? No sir, I didn’t instruct anyone to do anything. (batting of innocent eyes).
Except – was the mediator even present during this round of negotiations? I thought it was just CUPE and the City?
The “informal” meeting on the night of Sunday June 14th was to be held in secret. It was attended by Reg Pearson, Director of Labor Management Services for Ontario’s labour ministry.
The meeting was reported in the Windsor Star the next day:
http://www.windsorstar.com/news/Informal+meeting+with+CUPE+city+province+goes+nowhere/1698204/story.html
That was the first leak. By whom is anyone’s guess.
The second, more serious leak (PRBs being ‘off the table’) , occurred on Wednesday June 17th and, per CUPE’s complaint (item 48) “the information disseminated by the A Channel News Story was EXACTLY [my emphasis] the proposal which had been table by the CUPE locals”.
Item 49 only complains that the city keeps reneging on its agreement to keep negotiations secret.
I feel a growing pit in my stomach …