As voters, we expect our elected representatives to not only effectively represent our collective interests – but to also adhere to their own policies, procedures and bylaws that they pass.
In fact, that is spelled out very clearly in the Council Procedural Bylaw which reads:
Subject to legislative restrictions, develop regulations to be adopted in by-laws and resolutions for the overall benefit of the community.
In addition to that, where the procedural bylaw is silent:
To collectively arbitrate matters where the procedural by-law is silent and the matter is placed before the Council for disposition.
However, tonight it was clear councillors can ignore their own motions and resolutions nor discuss the rationale for the decisions they make.
Again, before council was a new striking committee report with respect to the long-awaited Town and Gown Committee.
The video segment is posted below:
Council on February 5, 2009 passed the following motion:
“CR30/2009
That the creation of a Town & Gown Committee BE APPROVED for a one year period pending the results of the Service Delivery Review, as outlined in the report of the City Clerk dated November 3, 2008, and
That the committee composition BE AMENDED to remove the St. Clair College representatives, and to include two landlord representatives from the Windsor Landlord Association and two residents from the Windsor West Homeowners Association, and that Council representation be included as resource personnel without voting rights.”
If you recall, back on October 6, 2009, there was some controversy surrounding the prior striking committee appointments – delegates from submitting organizations were rejected and individuals with alleged conflicts, and those who allegedly applied after the deadline, were selected.
Tonight, council reversed their decision and appointed the delegates submitted but added another representative with ties to both the Windsor West Home Owner’s Association as well as the University of Windsor – contrary to the resolution passed on February 5, 2009.
That resolution explicitly spelled out how the committee was to be structured. There was no gray area in that council resolution.
The thorn in council’s side on this issue, the Windsor Landlord Association brought to council’s attention, questioning how they could appoint another individual despite council’s above resolution.
And the response from the Mayor and council was rather curious and had the appearance of being prepared in advance – for what purpose, I’m not sure as yet, if there was any.
The response from the Mayor:
Just a point of clarification.
I thank you for your presentation, Ms. Meloche, but I just wanna add that it’s within the rights and prerogative of city council to appoint the committees and it is council that sets the structure, and through striking committee sets the membership and that changes at the discretion of city council.
So I do appreciate the submissions and the recommendations made by the committee, but with regards to the selection criteria, and the members that are sitting on that committee, that’s something that is within the prerogative of the striking committee and we have not delegated that authority in this regard.
But I defer to the clerk, if I am incorrect in that regard.
Members of City Council, any questions? Of the Administration?
Madam Clerk, is my interpretation correct?
Madam Clerk: Your Worship and members of council, it is.
In other words, thanks very much, now go away.
Except the Striking Committee is guided by the council resolution that set forth the structure of the committee.
So unless City Council amended the resolution behind closed doors during a striking committee meeting, I’m not sure how they could alter the structure of the committee.
It would have been nice to hear that explanation from one of the members of council, but not one of them raised their hand to proffer an explanation and allowed the Mayor to essentially dismiss the concerns of the delegation.
It’s comments such as the ones the Mayor made – without discussion of the issues in the public forum – that raise suspicions.
In the grand scheme of things, the Town and Gown Committee is one of the smaller issues that council has to deal with.
But given the prepared nature of the Mayor’s response to a legitimate question, I really have to ask, what was the big deal?
Answer the question for crying out loud.
Bobby Brown would be so proud.
Everybody’s talkin’ all this stuff about me
Why don’t they just let me live? (tell me why)
I don’t need permission
Make my own decisions (oh)
That’s my prerogative
That’s my prerogative
Councillors Brister and Valentinis Reconfirm Conflict
And Councillor Brister says he doesn’t read the blogs. Jeesh.
Recall I wrote October 6, 2009:
But if you watch the video, you learn that in striking committee the in-camera vote to approve the members was 7-3 – according to Mayor Francis.
As well, you will note that Councillor Valentinis participates in the discussion with respect to the Town and Gown committee membership during the public session of council.
How can Councillors Brister and Valentinis declare an interest and yet vote for the membership of the committee in striking committee – let alone participate in the discussion?
During tonight’s meeting they declared a conflict of interest on the matter paving the way for a slam dunk conflict of interest charge in violation of the Council Code of Conduct for their votes on October 6, 2009.
I’d go to the Integrity Commissioner – but why bother frankly.
He still has not responded to my complaint from back in May 2009 and to me has proven the uselessness of the position.
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