No Vote For Prue As Per Agreement With Windsor

Unfortunately, but true, no vote for Prue. The Agreement between the Town of Amherstburg and the City of Windsor, signed on October 12, 2018 stipulated:

The following shall determine the role of the Town with respect to the Board:

14. l (a) The City shall appoint the Mayor or his or her designate to the Board for the remaining term of Council until November 14, 2022, starting with the commencement of this Agreement on January 1, 2019.

(b) The City may consider the appointment of the Mayor or his or her designate for subsequent terms of Council provided that the City is providing police services to the Town.

(c) If at any time during the Initial Term or any Renewal Term, the Mayor or his or her designate is not appointed to the Board, the City agrees to allow the Mayor or his or her designate to become an advisor to the Board, as contemplated by the Act with the full ability to attend all meetings of the Board.

For further clarification regarding 14.1 (c), ‘all meetings of the Board’ shall include in-camera meetings and the advisor shall also receive all reports and correspondence as a full member of the Board would receive, subject to the advisor signing a confidentiality and non-disclosure agreement.

CBC reports, Police board ‘missed opportunity’ for diversity with new appointment, says former councillor:

Another change is that Amherstburg’s mayor will no longer have a vote at the table. When Windsor began policing the Town of Amherstburg in 2019, previous mayor Aldo DiCarlo had a seat and a vote at the board.

The new mayor, Michael Prue, said he’s not happy he’ll only be on the board in an advisory role.

The Windsor Star also reports, A’burg mayor decries loss of voting power on Windsor police board:

Amherstburg will have a voice but not a vote at the Windsor Police Services Board this term, a change the town’s new mayor says may influence whether his council renews its contract with the city force.

Comparing Amherstburg To Other Municipalities: Candidates’ Questions

Are candidate and third party advertiser questions to administration disclosed to the public? I received two different answers when I requested the same information from Amherstburg and Toronto.

Amherstburg:

I requested information, without revealing the source, to post to the burg watch blog.

Answer from CAO Critchley: Please file a Freedom of Information Request for this information. The form can be found at this link.

i’m not requesting any personal information; just the questions asked and answered.

Answer: This request is properly an MFIPPA request.

thank you but i respectfully disagree that a formal FOI request would be required.


Toronto:

I requested information to post to the burg watch blog.

Answer from City Clerk’s Office: Access to records held by the City of Toronto is regulated by the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). The public has a right to see most City records, with some exceptions.

The City of Toronto engages in routine disclosure to automatically make information available to the public when it is requested. When information is not available routinely, the public may submit a freedom of information request.

In regards to the “You Asked Us” page, the City has established a protocol for responding to requests for information from candidates and third party advertisers about City services and programs so that all candidates have equal access to information for the municipal election.

Candidate & Third Party Advertiser Questions to the City

Why Does Committee Vacancy Ad Not Mirror Provincial Legislation?

For decades, since the Ontarians with Disabilities Act 2001 and the Accessibility for Ontarians with Disabilities Act 2005, a majority of the members of the committee shall be persons with disabilities.

The River Town Times ad states, A majority of the members of the committee shall be persons with disabilities or caregivers of persons with disabilities. Caregivers cannot be substituted.

River Town Times ad committee vacancies

Accessibility Advisory Committee Composition

I’ve emailed members of council my concern regarding the call for applications, specifically the composition of the Accessibility Advisory Committee. It may be confusing, as it has been in the past, given the information on the town’s site or received by email.

Town committee members’ Applications will be accepted until January 9, 2023 at 4:30 p.m.

The town’s website states, ‘Application forms are available at Town Hall, 271 Sandwich Street South or on the Town website at www.amherstburg.ca.’

the burg watch note: the link is to the town’s home page, not specifically to the forms.

There are links to:

The completed printable form is to be submitted with a resume and notes ‘Each Committee may have additional criteria for eligibility – Refer to Terms of Reference.’

the burg watch note: the Terms of Reference is not attached to the printable form.

The electronic form allows a resume to be uploaded and notes, ‘Each Committee may have additional criteria for eligibility – Refer to Terms of Reference.’

the burg watch note: there is no link to the Terms of Reference from the Vacancies page or the electronic form.

I searched and located the Local Boards/Committees ~ Terms of Reference and it stipulates:

‘The Amherstburg Accessibility Advisory Committee must be made up of 50% or more of members affected by a disability, as per AODA.’ page 3

‘The AODA requires that not less than 50 percent of this Committee’s members be persons with disabilities or such members as Council deems appropriate.’ page 16

The call for applications section states, A majority of the members of the committee shall be persons with disabilities or caregivers of persons with disabilities. 

The Accessibility Advisory Committee section of the town’s site states, ‘The Accessibility for Ontarians with Disabilities Act requires that a majority of the Committee’s members be persons with disabilities.’

A 2020 inquiry about the total number of members of the Amherstburg Accessibility Advisory Committee and the number of members that are people with disabilities ended with a percentage of people.

Answer:  link to the composition and 75% of the committees’ membership are affected by disabilities.

i did not inquire about the number of members affected by disabilities. i requested ‘the number of committee members that are people with disabilities.’

Answer: 63% of the committee are people with disabilities.

i would like the NUMBER of people with disabilities as requested, not the percentage.

CAO Critchley Answers Questions About Accounts Payable On Agenda

Following up on yesterday’s post, Accounts Payable On Agenda: A Matter of Trust, Council’s discussion left me wondering – aren’t documents already accessible when they’re created? how do employees with disabilities access these documents? are employees with disabilities working at town hall?

As an aside, I also questioned why the majority of barriers I submitted were not included in the post-election report to council.

  1. i’m writing to request an explanation for the verbal statement that if the accounts payable were to be placed back on the agenda it will cost about $1000.00 per month and 6 hours of work to render the document accessible.

    In order to render the document accessible and ensure it is in compliance with accessibility rules for municipal websites, the Town will need to contract with an outside service provider to do the work as we do not have the internal resource capacity. We anticipate that this will take anywhere between 6-10 hours of work depending on the size of each document.

  2. i’m also writing to request an explanation for the $20,000. estimate for the same.

    It was suggested that an UP SET LIMIT of $20,000 be allocated to this issue in order to ensure we had built enough funding into the budget to complete the work however, that amount was not approved.

  3. would you confirm that the documents are therefore currently inaccessible? 

    In order for the document to meet website accessibility requirements, they need to be rendered so, as is the case with many computer generated documents. The documentation requested is not currently being produced. As with any content that is created, effort is required to build accessible components into the work to meet the legislative requirements.

  4. would you confirm that sending this information via email that would negate the necessity of making it accessible would result in inaccessible documents being emailed? 

    As is the case with many computer and word processed documents, they need to be adjusted to meet website accessibility requirements. To be emailed, they would also need to be rendered accessible.

  5. how would elected officials then share those inaccessible documents with the public?

    If citizen needs a document tco be rendered accessible, we would work to have that done, but there could be costs involved.

  6. what process is in place for elected officials with disabilities to receive accessible documents?

    The process would be the same as listed for question 5 above.

  7. on what date did current members of council receive training in accessibility?

    November 29, 2022.

  8. i also request an explanation for the post election report’s exclusion of the majority of 2022 election barriers i submitted.

    Administration developed a report which it felt was fulsome and the majority of your issues were mentioned.

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Accounts Payable On Agenda: A Matter of Trust

Commentary by Linda Saxon

Should the focus be trust for administration or the public trust?

A long-standing practice, by a motion carried over a decade ago when transparency was the focus, was not reconsidered yet it will be reinstated as a pilot for the next ten months.

Councillor Pouget campaigned ‘to regain the loss of trust by many of our taxpayers.’ Following her motion to reinstate accounts payable on public agendas, council and administration discussed it for about fifteen minutes at the December 5 council meeting.

CAO Critchley mentioned a $1000. monthly cost to render documents accessible, noted other local municipalities no longer do this, there may be privacy concerns, and council approves a budget and it is administration’s professional responsibility to spend within that budget. The treasurer commented on KPMG findings after Councillor Pouget mentioned the report.

I rarely agree with Councillor McArthur, but I was pleasantly surprised that he supported the cost for reasons of accountability and transparency and accessibility. Councillor Allaire supported it for transparency reasons and Councillor Courtney also spoke of public trust and transparency and accountability.

Deputy Mayor Gibb dissented and spoke against the motion, using the royal ‘we.’ He thought we have a level of trust or we ought to have a level of trust for the administration we have. If we don’t have that level of trust, then we need to have a different conversation. He was not going to support spending what’s been told almost $1,000 a month to see cheques that have gone through when we approve a budget and administration is legally bound to follow that budget. He was the only one In a recorded vote to oppose.

Council represents the public, ensures the accountability and transparency of operations, and is to maintain the financial integrity of the municipality. Administration implements council’s decisions and undertakes research and provides advice. Read the full Municipal Act, 2001, or just these sections: 224, role of council, 227, role of administration and 229, discretionary CAO.

Given all the unbudgeted items that have been approved, this is money well spent if it helps to restore public trust and fulfills the obligation to represent the public interest.

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Questions For New Council Unanswered: Update

Some elected officials have now answered some of my October 26 questions, as mentioned in the November 14 post, Kudos And Questions For New Council Unanswered.

Since I did not encounter any barriers during campaigns by Councillor Diane Pouget and Councillor Peter Courtney, they were not asked to answer the three questions.

Mayor Michael Prue and Councillor Donald McArthur did not respond at the time of this post.

All answers, including typos and misspellings, are as received.

  • of the accessibility information the town provided to you for your campaign, which did you read?

    Deputy Mayor Chris Gibb: no answer

    Councillor Molly Allaire: I read all materials supplied to me during my campaign from the town. I did not want anything to jeopardize my chances of making it into council.

    Councillor Linden Crain: I read all election material provided by the Town throughout my campaign, including any information pertaining to the Municipal Elections Act, 1996, the Ontarians with Disabilities Act, 2001, and the Accessibility for Ontarians with Disabilities Act, 2005.

  • what trainings have you participated in for accessibility legislation, for example, as an employee, volunteer, etc.?

    Deputy Mayor Chris Gibb
    : I’m proud to say that I did complete the ADOA training that was offered to all members of council and I hope to put what I learned into practice not only in my “municipal life” but also in my personal life.

Councillor Molly Allaire: I have never really had any accessibility training. I have taken a few courses in university such as “Special Populations” and “Athletics for Everyone” which basically taught us many different populations accessibility needs and how to make recreation possible for everyone. At my previous job I learnt in the field about all walking aid assistive devices and such/

Councillor Linden Crain: Both the Town of Amherstburg and the County of Essex members of Council have received training on accessibility. I have also been advised that Administration will be doing a special session on accessibility in the first quarter of 2023.

  • how will you fulfill the obligation to remove barriers?

    Deputy Mayor Chris Gibb: no answer

Councillor Molly Allaire: I am just dipping my feet into the waters here so bare with me. I plan to start applying for grants with the towns approval of course to help making our playgrounds and “heritage buildings” more accessible. I know this is not the perfect plan but starting somewhere is important. If you have any ideas or concerns specifically about the town that you would like to bring forward I will always listen and try to help. This is why I stepped up for this position.

Councillor Linden Crain:

  • Continue an open dialogue with the Town’s Accessibility Advisory Committee.
  • 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.

Adminstrative Duties or Administrative Burdens?

Another item of concern on tonight’s agenda: Changes to Committee Structure. In an Auugust 2022 post, Concurrent Committee Members, I stated, Amherstburg’s Boards and Committees Appointment Policy, enacted September 26, 2011, could use an update but also adherence to the policy.

Will the proposed changes be counter productive to “The purpose of the Town of Amherstburg Boards and Committees Appointment Policy is to ensure a fair and equitable appointment process to Town Boards and Committees?”

What is motivating changes now?

In a November 14 Report to Council:

In order that the Administrative burdens associated with such a large committee structure are reduced, Administration will seek to recruit and train the same member to serve on the following committees:

    • Dangerous Dog Appeal Committee
    • Fence Viewers
    • Livestock Evaluators
    • Property Standards

This change would allow Administration to reduce the costs and resources required to provide these committees and the associated training in light of their being called to meet only as required, to address specific matters. Given the Town’s Board and Committee Appointment Policy requires that applicants be appointed to a maximum of two boards, Administration would request Council direction to amend the Boards and Committee Appointment Policy to reflect this change, and allow for applicants to be appointed to more than two Boards in these limited circumstances.

I believe administration are well compensated for performing their duties and whether it’s committees or freedom of information requests, how could they be viewed as burdens?