Public Meeting A Lynching?

As reported in an August 12 River Town Times article by jcharron:

Council agreed to work with Deloitte and town administration to deal with the implementation of the 41 recommendations. Council will also sit down with Deloitte to discuss the recommendations, one that Brindle suggested should be done in public session. Council members sparred over a second public meeting to discuss the issue with residents with Pouget originally suggesting two weeks, then a month. However, that motion was withdrawn until council has their meeting with Deloitte first.

“I don’t think it’s a bad idea to take it to the people of this town,” said Councillor Bart DiPasquale.

Sutton said his motion to implement the 41 recommendations stood as is with Councillor Carolyn Davies fearing the meeting could devolve into a “pissing match” like the “lynching” at the Essex Power public meeting. Davies said the meeting had to be “thoughtful” with council having to get a better grasp of the report.

Pillon agreed that more time was needed to meet with Deloitte and get a handle on the recommendations.

“You might as well have a meeting that makes sense, not a lynching,” he said.

Who Does What

Re: Accountability – it is fast approaching! by Ken Thrasher July 30, 2014 RTT

I’ve been called a naysayer too, and a thorn in the side as well as a critic; my all time favourite is the accusation that some of us were tearing this community down, brick by brick; shame on those who undertake tactics to discourage residents who wish to exercise their democratic freedoms.

Since January of this year, there have been approximately two dozen correspondence items regarding an accessibility policy question to council and the accessibility advisory committee, but my question remains unanswered.

Absent a motion by council, two weeks ago Mr. Phipps emailed a summary to council and me; not only does it contain errors and omissions that need to be corrected, but also he decreed “Administration will take no further action on this matter unless it is once again raised at a Council meeting.”

How many times do I have to request that council and/or the accessibility advisory committee address my concern? Then again, I’ve requested an accessible town website for twelve years and I’m still waiting for that and it was a decade long battle for me to get the library elevator installed.

The roles of council, head of council, and municipal administration are clearly defined in the municipal act so there should be no misinterpretation of who does what.

Council is to represent the public and ensure that administrative policies, practices and procedures are in place to implement the decisions of council; to ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality; to maintain the financial integrity of the municipality.

As chief executive officer of a municipality, the head of council shall promote public involvement in the municipality’s activities.

Municipal administration is to implement council’s decisions and establish administrative practices and procedures to carry out council’s decisions.

Regarding the hiring of a new CAO, why and how was the panel selected? What are the members’ qualifications? Was there an Information and Privacy Commissioner privacy assessment, considering residents are panel members who will access personal information? Is it a conflict of interest for Phipps to be a member? Did council rescind his notice to leave? Why would council acquiesce to the CAO, who changed his mind and wants to stay?

Unlike Mr. Thrasher, the only Councillor who consistently and professionally responds to my concerns is Councillor Pouget. When others did respond, my inquiries were forwarded to staff. I’m beginning to wonder why we need a council, let alone all the staff.

As for the new council, the electorate needs to ask the candidates specific questions because, for the most part, campaign literature contains limited marketing material.

Linda Saxon
as printed in the River Town Times

Amherstburg Citizens for Responsible Government

A group of residents, concerned about the town’s debt, policies and procedures, transparency and accountability, among other items, in addition to having an informative website, has started a facebook page, where it lists its goals and objectives:

Amherstburg Citizens for Responsible Government (ACRG) has the following goals and objectives:

1. To work toward the election of Councillors who:

• commit to open, transparent, accountable, respectful and responsive governance with minimal in-camera meetings;

• insist on fiscal responsibility;

• exhibit a high degree of integrity and progressive thinking;

• Pledge to monitor tax rates, public expenditures, processes and procedures at Town Hall and ensure this information is promptly made available to the public in a transparent and accessible fashion;

2. To continue to advocate sound policies, practices, and procedures beyond the municipal election

3. To remain a conduit for citizens to voice their concerns and views through our website and Facebook page.

Transparency And Accountability

Two words used ad nauseam by candidates during election campaigns.

The Town of Amherstburg’s website includes a page on council meeting information and it states “Municipal governments in Ontario have to be transparent and accountable. The provincial government has set the rules for Council, local board, or a committee to go into closed meeting. These rules are found in section 239 of the Municipal Act, 2001 (add link to Act).” Not surprisingly, there is no link. There is a link on the same page to a pdf of the 2014 council meeting schedule.

Navigating the town’s website for Agendas

To get to the page mentioned above, click on the Town Hall tab, then Clerks Department on the left sidebar, then Council Meetings, then the Agendas link on the left sidebar; there is a link listed under Council meeting dates that directs you to a completely different meeting calendar. Under each council meeting date, there is a ‘read more‘ link where, presumably, one would find more to read. However, the only additional information on that page is a map – the date and time are listed twice. And, because the map is included in the Visitor tab, you have to go back twice to return to the Agendas section to find the list of 2014 to 2009 Agendas.

If you click on the Link to 2014 Regular Council Meeting Agendas in PDF Format – Laserfiche, you will find three folders and if you click on the regular council folder, you can access this year’s agendas, including two supplementary agendas by Phipps relative to the financial audit: March 24, 2014 and July 14, 2014.

Navigating the town’s website for Minutes

The link in Minutes on the left sidebar of the Clerks Department directs you to:

Play Live Recording of Council Meetings from September 12, 2011 to April 22, 2014, but people who are deaf, deafened or hard of hearing will encounter barriers; besides, it’s July.

The Link to archived Regular and In Camera Council meeting minutes in Laserfiche will direct you to folders from 1998 to 2014. Click on 2014 to find a Regular and Special Council Folder. Click on Regular to find:
2014 01 20 Regular Council Meeting Minutes
2014 02 03 Regular Council Meeting Minutes
2014 02 18 Regular Council Meeting Minutes

The Link to all other Council minutes in Laserfiche repeats the three folders and links above.

Navigating Leamington’s Website

From the home page, click on the municipal services tab; there is one link on the left sidebar to Agendas, Meetings and Minutes where you can view the current Council Agenda, right on the page in HTML format Including links to reports from staff.

You also have the option of selecting any date back to January of this year to download the agenda and the minutes from that page; upcoming meetings direct you to a map and an option to add to Outlook.

Improvements Still Needed For Amherstburg’s Website

Since September 2002, I have appeared before town council, the town’s Accessibility Advisory Committee, sent emails to the town’s IT Department/staff and have written letters to the editor regarding the need for an accessible website. Dave Carpenter, Manager of Information Technology, assured me twice that a new website was being launched and would comply with web accessibility standards and informed council the site was standard compliant in July 2007. I provided site check results indicating the site failed minimum standards: one in June 2008 and another in January 2009 after the launch of the newly designed site.

CAO Pamela Malott advised me in June 2008, “We will post our Amherstburg Accessibility Advisory Committee Minutes and Agendas in text format as well as PDF format on a go forward basis.” Not surprisingly, this was not done. (There’s only one folder with minutes from January 2014 anyway). Additionally, it is an attitudinal barrier to assume that persons with disabilities are only interested in accessibility.

The Towns of Essex and Leamington launched new websites last year and the County of Essex and the Town of LaSalle are currently redesigning their sites. What is Amherstburg doing about its website? Is it still not a priority? Can the town not afford it?

Lack of accessibility aside, transparency and accountability is not possible if documents are buried in a stack of links and are not updated.

Commentary by Linda Saxon

Phipps Flip Flops – Will The Town Pay Two CAOs?

On May 9, 2014, Mary Caton reported in The Windsor Star that Amherstburg CAO Mike Phipps confirmed Friday that he intends to leave his position before reaching the end of his two-year contract with the town. “I am meeting with council shortly because we’ve got to get a plan in place,” he said. Phipps said he intends to see the town through the impending municipal election and municipal review. “I feel an obligation to hang in there,” he said. “To see that the election is run properly and legally.”

The town advertised for a new CAO and invited applicants to submit a resume by June 30.

In a July 16 Windsor Star article, Phipps said he’s staying put. Candidates for the position are undergoing a council approved vetting process that includes a five-member panel made up of Phipps, human resources manager Michelle Rose, another county CAO that Phipps wouldn’t identify, a “fairly senior” local business leader and a resident.

Why was a panel needed? How was the panel selected? What are the members’ qualifications? Was there an Information and Privacy Commissioner privacy assessment, considering residents are panel members who will access personal information?

The article ends with a quote from Phipps: “So we thought, if we can get the right person that at least this council is satisfied with … I have faith we’ll get the right person,” he said.

Who is “we?” Has Council agreed to rescind his notice to leave plus hire a new CAO?

Commentary by Linda Saxon

Financial Audit Converted To Review Raises Questions

In a November 20, 2013 Windsor Star article, Julie Kotsis reported Hurst cast the deciding vote to oppose the motion to request an independent audit and called it the beginning of the “silly season” noting that an election was coming up next year.

At its January 20, 2014 town council meeting, a unanimous motion was carried to ask the ministry for an audit. According to The Windsor Star, Councillor Diane Pouget said she called the ministry as well and was told “it is council’s responsibility to request this audit.”

Phipps’ March 21, 2014 Report To Council included a recommendation that,Council approve, in principle, moving forward with the Financial Management and Practices Review for the Town of Amherstburg with the costs of the Review being borne by the municipality. Council unanimously agreed.

According to a July 17, 2014 Windsor Star article, Pouget said, “We need an in depth investigation of what happened to that money (that was moved from reserve and other dedicated accounts) and how it got moved and who moved it. We need answers and I would have never agreed to spend $100,000 just to review policies and procedures and to tell us how to do something better.”