Brown-John: Municipal Councils Should Feature Blend of Young And Old

Diversity on council is needed, but it will take more than a mix of young and old.

The Windsor Star opinion by professor emeritus Brown-John notes, “The point is municipal councils are richer by virtue of a blend of experience and more youthful verve.”

When candidate Linden Crain ran for council at age 21, I had questions. Would academic skills translate to the real world? Would he relate to seniors? What about people with disabilities? How knowledgeable was he about the disability community? What was his attitude? Would he have divided loyalties, as a member of some organizations? Was he emulating politicians?

As a THRIVE team member that created its Open Air White Paper that embraced Open Air, Councillor Crain voted in favour of continuing Open Air.

As candidate Linden Crain, he campaigned to remove barriers at Open Air. I don’t recall a council meeting where he agreed that barriers needed to be removed. So, he flip-flopped.

In my opinion, despite the effort, all the youthful enthusiasm one can have, does not translate to relatable life experience, although a polished politician might give the appearance that it does.

A more diverse council would include gender equality and consist of representation of marginalized communities.

Heritage Conservation District Study To Cost $120,924.90

THRIVE Heritage White Paper states, the most important heritage action Council needs to do is create and approve a Heritage Conservation District in 2022.

Mayor Prue, in his inauguration speech said, we need a heritage district and we need urban design guidelines which have been promised for a long time and might finally come to fruition.

THRIVE Amherstburg’s Heritage White Paper included, We understand that the town has budgeted $25,000 for an RFP on the subject. We encourage administration to reconsider the need for an RFP and instead repurpose the monies for initiatives that the Heritage Planner can recommend. The Ontario government has all the information required regarding the Heritage Act available online, so an expensive RFP is not required.

In a Report to Council, administration is recommending MHBC Planning Aecom Canada Ltd. for consulting services for $120,924.90.

Could council have saved taxpayers some money? Maybe money that could have been spent on other priorities?

Constructive Criticism: What It Is And Isn’t

The intent of constructive criticism is improvement and focuses on an issue; like when I suggest removing barriers so persons with disabilities can equally participate in the community, or pointing out potholes to fix roads, or a lack of community pool for fitness – all things that help make a community better. Who would object to that?

Some people, based on their perspective, may perceive constructive criticism as negative feedback and dismiss it, ignore it, minimize it, defend it or argue against it for whatever reason.

Constructive criticism is not about focusing on any personal attributes, demeaning a person, finding fault, insults and public humiliation once or even repeatedly; destructive criticism harms and doesn’t help.

Persons With Disabilities Enter At Back

international wheelchair access symbol sign at front entrance to Amherstburg Town Hall.

What marginalized community would like to encounter this sign? Does it indicate an attitude?

In the fourth AODA Review, Rich Donovon echoed the late Lieutenant Governor David Onley’s language that no other demographic group faces these kinds of negative experiences, barriers and outright discrimination without public outcry, much less one that represents nearly a quarter of the population.”

Inclusive communities welcome ALL marginalized communities, not just some and only during festivals.

Misinformation Addressed: My Delegation On Open Air Barriers

The blogger at amherstburg2.wordpress.com summarized the March 13, 2023 council meeting and I felt compelled to address some omissions and what I feel is a disservice.

Wikipedia: An opinion is a judgment, viewpoint, or statement that is not conclusive, rather than facts, which are true statements.

She felt that Open Air does not comply with AODA legislation. 

I stated, “I heard Councillor Pouget acknowledge the obligation to comply with the AODA and the Human Rights Code.”  

Because of statements by Deputy Mayor Gibb, who said he had accessibility training, who spoke personally and not as a person with a disability; and because of other statements I found offensive, I also stated, “But it was disheartening and concerning to hear statements like:

  • that’s not for this group to address, that’s a policy of the town. 
  • it is accessible.
  • it’s more accessible for people, at least in wheelchairs,
  • everybody loves Open Air the way it is,
  • there are no barriers,
  • and we’ve never had one complaint.”

She felt that she had complained publicly about this issue by writing emails and letters. 

I stated, ‘On numerous occasions, I raised the issue in emails, written submissions, blog posts, social media, questions to the candidates, and in letters to the editor.’ 

I made this statement because Anne Rota claimed, ‘there are no barriers in open air. There are not. Please come down and have a look. I know that for a fact. It’s not just the golf cart. We’ve actually opened up our arms if someone needs to get through. We’ve never had one complaint. That’s the honest truth in three years, and I’m sure we would have. Thank you.’

She felt that Ontario has blatant and overt discrimination with barriers for those with disabilities. 

I stated, “Former Lieutenant Governor David Onley noted in the third AODA Review Report: We are the only minority group in our society that faces blatant, overt discrimination and whose civil rights are infringed upon every day from multiple directions.”

It is a disservice to the memory of the late Honourable Lieutenant Governor and his advocacy to attribute his words to me and my feelings, even though I have lived the discrimination he refers to.

I included some barriers, and specifically, attitudinal barriers since they are sometimes the biggest barrier. I stated, ‘attitudes: making assumptions about people with disabilities; for example, what constitutes acceptable walking distances and accessible parking locations.’

She felt that if Open Air was approved as is, then council is excluding those with disabilities.

I stated, “If you approve Open Air as it is, then you’re also approving barriers that exclude people with disabilities.”

Fun fact: accessible parking has not been called ‘handicap’ parking in the legislation since 2009.

Deputy Mayor Gibb’s Flip Flop On Council’s Direction

Deputy Mayor Gibb was given council’s direction, made no objection, said ‘we will do our best’ but then didn’t second Mayor Prue’s motion at a county council meeting.

The December 5, 2022 motion, by Councillor Pouget, carried was: to request that our mayor and deputy mayor address county council at their next meeting regarding County Council’s proposed 2023 budget with a 4.76% tax increase. Pouget explained, this is more than double the 2022’s increase of 2.1% and includes the use of 31 million from reserve funds to offset the increase. 

Mayor Prue said, we don’t need to be instructed but I don’t have any problem with being instructed by council.

Deputy Mayor Gibb said he agreed with the mayor, and said ‘we will do our best.’ (emphasis added). He also mentioned, the one thing I’m going to suggest is the county has quite a bit of reserve funds so perhaps we can release more reserves funds that might be a higher and better use to use them in a time of hyperinflation.

Listen to the December 5 motion and discussion: audio:

February 27, 2023 follow up: Pouget asked Gibb, why didn’t you second our mayor’s motion? That’s what you were directed to do.

Gibb said in his opinion, that’s not the way to lower taxes is to let your roads get worse because it’s just going to cost you more in the future. So, at the end of the day, they brought down the tax rate by using reserves that they had prudently put aside to do just that. I don’t see why you would spend less money on roads today, so that you have to spend double or triple in three or four years down the road that makes no fiscal sense to me. So on that specific issue, that’s why I didn’t support the mayor’s motion. (emphasis added).

Was Gibb clear about whose motion it was? Pouget said, it wasn’t the mayor’s motion, it was our motion, but Gibb answered, Your motion is fine, but ..

Listen to the February 27 motion and discussion: audio

Comparing Municipalities: Integrity Commissioner Complaints

The Public Record reported, Ontario’s Ombudsman Paul Dubé has denounced the City of Hamilton’s practice of charging a $100 fee to file a complaint to Hamilton’s Integrity Commissioners when a person believes there has been a violation of Council’s Code of Conduct.

Dubé wrote City Council on January 12, 2022, calling on Council to remove the fee “as it penalizes complainants for exercising their statutory rights, and may prevent legitimate complaints from being brought forward due to concerns about financial cost.”

Amherstburg’s fee to complain about elected officials’ conduct is the highest in Essex County. Codes ofConduct and Complaint Procedures differ; some complainants directly contact the Integrity Commissioner.

Amherstburg: Bruce Elman
Code of Conduct
A request for an investigation of a complaint that a member has contravened the Code of Conduct (the “complaint”) shall be filed with the Municipal Clerk with the accompanying $125.00 deposit. Once filed, the Clerk will send the complaint directly to the Integrity Commissioner by mail, E-mail, fax or courier in the form attached to this Protocol as Schedule “A”. 

County of Essexa Complaint shall be made in writing and shall be sent directly to the Integrity Commissioner by mail, e-mail, fax or courier. County Integrity Commissioner Robert Swayze
Code of Conduct 

Essex: A complaint shall be made in writing and shall be sent directly to the Integrity Commissioner by mail, e-mail, fax or courier. no fee. Integrity Commissioner Robert Swayze
Code of Conduct

Kingsville: directly to the Municipality’s Integrity Commissioner or to the Clerk of the Town in a sealed envelope. Integrity Commissioner Mary Ellen Bench. There is a $100 refundable fee, payable to the Town of Kingsville, to submit a complaint.  The fee will be refunded if the Integrity Commissioner determines that the complaint is not frivolous or vexatious.
Code of Conduct

LaSalle: contact the Municipality’s Integrity Commissioner. Integrity Commissioner Robert Swayze
Code of Conduct

Lakeshore: The Complainant may submit the complaint to the Integrity Commissioner by email, mail (marked confidential and in care of the Clerk) or personal delivery, along with any relevant documents or other evidence in support of the complaint. Integrity Commissioner Principles Integrity
Code of Conduct includes a paragraph on social media.

Leamington: Return the completed form and affidavit to ADR Chambers Inc. by: email, fax or mail. Integrity Commissioner ADR Chambers Inc., Toronto, ON
Code of Conduct includes a section on social media

Tecumseh:
email form to Integrity Commissioner Robert Swayze.
Code of Conduct

Windsor: The complaint should be forwarded to: Principles Integrity, Toronto, ON
Complaint Protocol

My Delegate Presentation In Opposition Of Open Air Barriers

This is the shortened version of my March 13 presentation to council. And we all know the result – Mayor Prue broke the tie vote in favour of 14 weekends for 2023.

During Amherstburg’s budget deliberations, Councillor Pouget acknowledged the obligation to comply with the AODA and the Human Rights Code.  

But it was disheartening and concerning to hear statements like:

  • that’s not for this group to address, that’s a policy of the town. 
  • it is accessible.
  • it’s more accessible for people, at least in wheelchairs,
  • everybody loves Open Air the way it is,
  • there are no barriers,
  • and we’ve never had one complaint. 

The fact is I have complained, as have others. 

On numerous occasions, I raised the issue in emails, written submissions, blog posts, social media, questions to the candidates, and in letters to the editor.

Former Lieutenant Governor David Onley noted in the third AODA Review Report:

  • Ontario is not a place of opportunity but one of countless, dispiriting, soul-crushing barriers. 
  • We are the only minority group in our society that faces blatant, overt discrimination and whose civil rights are infringed upon every day from multiple directions. 

Rich Donovan just released the fourth AODA Review Interim Report and noted: 

  • Despite 17 years since the AODA has come into force, People with Disabilities (PWD) still consistently face barriers in their everyday experiences.
  • He echoed Onley’s language that no other demographic group faces these kinds of negative experiences, barriers and outright discrimination without public outcry, much less one that represents nearly a quarter of the population.

My human right to equal access is not a want; it is my right and that trumps wants, such as Open Air.

Publicly funded public spaces and rights-of-way are owned by everyone in the community. 

If you approve Open Air as it is, then you’re also approving barriers that exclude people with disabilities.

Councillor Crain’s Flip Flop On Open Air Barriers

@LindenCrain, remember this campaign question? Will you remove barriers during Open Air weekends that block people with disabilities from driving to the bank, local stores, bars, and generally driving through town?

Crain’s answer: “Yes. It is important that all members of the community can experience Open Air.”

Well now I can’t.

Remember these questions?

how will you fulfill the obligation to remove barriers?

Crain’s answers, in part:

  • Follow regulations outlined in the Accessibility for Ontarians with Disabilities Act. 
  • Always remain available to address concerns any resident faces in the Town of Amherstburg.
  • Work closely with Town Administration to establish procedures and measures that ensure those with disabilities have the opportunity to experience all our community has to offer.

Did Councillor McArthur Flip Flop on Accessibility?

I’m calling Councillor McArthur’s attitude about accessibility issues a flip flop.

Councillor McArthur commented during the discussion of Councillor Pouget’s December 12, 2022 motion regarding accounts payable being placed back on public agendas. McArthur said he would caution against one option because that’s kind of circumventing accessibility provisions. He said if it’s important information that’s important to get out there, then it’s important for everybody and it needs to be accessible. He said they can’t do an end run around it.

So why did he remain silent on the issue of Open Air barriers and the removal of them? It’s especially concerning since he’s council’s rep to the Amherstburg Accessibility Advisory Committee.