Inadequate Accountability and Transparency Committee response to Longworth's Seven Deadly Sins Questions

VOTES Chair, Bill Longworth, made a presentation to the Accountability and Transparency Committee on January 17, 2008. As a result the committee made recommendations accessible here. While I supported Recommendations #3 (Agree to Post politician's expense and renumeration records, #5 (Agree to notify delegations of time and date of their presentations to councils and committees), and #6 (publish construction costs and funding details of GM Centre and dispensation details of funds raised from OPUC sale), I did not support the committee failure to accept my requests in #1 (auditor general to investigate city plebiscite strategy), #2(request for links to all staff reports and citizen correspondence on the council agenda where the items are officially dealt with), #4 (that city council severely limit in-camera meetings), and #7 (that auditor general investigate potential ethical and legal questions behind the purchase of the Cullen Miniatures).

I therefore sent the following letter to Oshawa City Council c/o Oshawa City Clerk as well as the Local and Regional Media.


To the Mayor and Council,
c/o Oshawa City Clerk:

I am requesting to address the full council re the Accountability and Transparency Committee recommendations in respect of my recent presentations to them which were considered at the meeting of February 7, 2008

I am satisfied with committee recommendations that addressed my requests:

1) That city politician’s complete and detailed expenses, salaries, honorariums, and allowances for sitting on both City and Regional Councils and Citizen Committees be posted on the city website, and

2) That city clerk’s office give formal notification to delegations of the date and time when they are scheduled to address either city council or committees of council, and

3) That a full public report be prepared regarding the $45 million funding details of GM Centre and of the dispensation of the $30 million that council received as a result of monetizing a portion of the ownership of the OPUC

I would reserve the right to present these items to the full council in the event that any or all of the committee recommendations do not meet approval of City Council.


I am not satisfied with committee recommendations in respect of my following requests and wish to address city council on these items:

1) That Oshawa's Auditor General investigate Oshawa's information campaign and strategy leading up to the plebiscite process in respect of the 18 questions I asked him to review.

A letter stating that the city complied with the the Ontario Municipal Elections Act is insufficient since the law specifically gives city council unlimited spending authority regarding ballot questions which implies a responsibility and expectation to do so while at the same time specifically constrains any 3rd party citizen campaigns in regards to ballot questions.

No law defines every possible potential contingency and no legislator would have ever foreseen that an Ontario City Council would ask their voters a question and then refuse to give them information about it as Oshawa politicians have done. That is the reason why courts interpret the "intent" of the law.

Democracy depends upon an informed public and the Canadian Supreme Court states that information regarding a vote is a basic right in Canadian Society. Yet the Mayor publicly stated that the city had no responsibility to inform citizens about the question and thus the city failed to do so.

The failure to inform looks like part of the city strategy along with the convoluted question in order to get a preconceived answer. This is not democracy. It is manipulation of the people.

2) In the interests of transparency, that Oshawa City Council implement a policy to provide appropriate links to Committee Reports and Citizen Correspondence directly on the agenda and minutes of City Council Meetings where official decisions are made in respect of the reports and correspondence.

The committee has only recommended putting an explanatory note on the agendas. This is not good enough. Interested citizens would still have to leave the agenda to search through a completely unrelated and unlinked file to seek the information.

Links to the staff reports and citizen correspondence directly on the agenda where the decision is being made would simplify citizen’s ability to following pertinent information about the issues and decisions made by Oshawa City Council.

Transparency is putting things together so make them easier to follow and understand rather rather hiding them remote from the city agenda. Politicians are provided this information in their meeting packages…why is it not provided for citizens?

3) That City Council cease the practice of having closed meetings scheduled prior to every city council meeting in the spirit of Provincial Law that severely limits the content of such meetings to personnel and property matters stating that all of the business of council is to be carried on in public and the committee has only recommended that my request be received for information rather than action.

4) That the auditor general be directed to investigate all details leading up to the purchase of the Cullen Gardens Miniatures including any and all ethical questions and potential conflicts of interest and report publicly on his findings.

The committee recommendation that my request regarding this most controversial decision of Oshawa City Council be received for information rather than action is drastically insufficient.

Bill Longworth,
Founder & Chair of VOTES (Vote to Eliminate Self Serving Politicians)
www.oshawaspeaks.ca

Longworth Asks Council to Account for Seven “Deadly Sins”

Bill Longworth made a Presentation to Oshawa City Council Accountability and Transparency Committee on January 17, 2008 and asked for the following Auditor General Investigations and Reports along with some policy changes by Oshawa City Council to make the process more accountable and transparent.

Bill 130 gave all Ontario Municipal Governments a “free hand” in determining their governance systems not anticipating that any large cities would implement the undemocratic, unaccountable and unworkable “general vote” that Oshawa City Council has voted to implement. Oshawa will now become the largest city in the free world to use the general vote without municipal political parties which are prohibited in Ontario.

By the very definition of the general vote, the council will be less accountable because it excludes any serious challenges by non-incumbents, takes away community representation to ensure that no politician is accountable to represent the interests of your community, and ensures the re-election of incumbents till their death or resignation which in itself reduces accountability since they will not be able to be defeated if they do things unpopular with the people.

It is now up to the people to press council for changes to make their actions more transparent, accountable and easy to follow and thus I have asked for the following changes. In the coming posts, we will expand each of these areas as time permits.


I am here today to request 7 things---otherwise known as….”The Seven Deadly Sins”

ONE

That the Auditor General conduct investigations to answer the 18 questions I posed to the transparency and accountability committee in my correspondence to the Mayor and Council on December 3, 2007 including a rationale of why the question was asked when the general vote is not used in any city the size of Oshawa in Canada or the free world without being paired with municipal political parties which are at present prohibited by Ontario Municipal Elections Law, a rationale for the multiple revisions of the plebiscite question and the degree of “negotiation” of the plebiscite wording “In-Camera”, the adequacy of City Council’s efforts to promote public discourse and discussion on this important issue and to make sure that the public understood the question and its ramifications and the Mayor’s assertions that City Council had no responsibility to communicate these details to the public insisting it was private citizen’s responsibility to do so despite the fact that 3rd party campaigning is prohibited by the Ontario Municipal Elections Act.

TWO

That in the interests of transparency, links to all citizen letters sent to the Mayor and Council be included on the agenda’s and minutes of city council where the official decisions on the issue take place so that interested citizens do not have to search through committee agendas to find the items relating to the city agenda and archives.

Right now, links to some correspondence appear on council agendas and minutes while some appears only on committee agendas and minutes.

City Council should follow policies that make it easier for citizens to follow issues rather than more difficult by hiding the item remote from the place where official council votes are taken.

The citizen correspondence and the specific action taken by council on the issue should appear in one place…the city council agenda which is then republished as the minutes showing distinct council action taken on the specific item of correspondence….by hiding citizen input from the scrutinizing eyes of the interested public, you are neither demonstrating accountability nor transparency.

Many items for discussion and for votes appear only as agenda item numbers making it extremely difficult for ordinary interested citizens to follow and so a system should be devised to refer to issues by name rather than number.

THREE

That links to full, detailed and complete accounting records of council members expenses including all receipts and invoices, itemized expense allowances, entertainment expenses, travel expenses, automobile allowances, advertising budgets, office expenses, blackberry charges, complete listing of all compensations and honorariums including those amounts paid to politicians to chair/vice chair council committees, honorariums for sitting on citizen boards and committees like art gallery, senior citizen centers, CLOCA, total amounts of tax free monies received, etc., be published for each member of city council on the city web site.

That all councillor expenses be subject to an audit.

That an “oversight” committee be established to review and approve all councilor expenses with the power to deny unusual and extraordinary claims.

It is not transparent at all to publish reports on politicians accounts by council/minute items like 3, 4, 5, 6, 7, 9 of the Finance and Admin Committee Report to Nov. 5 City Council Meeting.

Such postings as requested above have been suggested by the City of Toronto Auditor General and are now being posted in detail by the City of Toronto. Similar suggestions have been made by Toronto Star City Hall beat reporters in order to cut wastage from city budgets.

If politicians are unwilling to release their expense records, are they trying to hide excesses from the taxpaying public.

Publicly posted expense records like these will ensure politicians spend taxpayer's money as carefully as their own.

FOUR

That City Council discontinue the practice of preceding every City Council Meeting with “In Camera” Council Meetings. Provincial Law clearly limits the content of closed meetings and such issues would not arise prior to every council meeting. All council business must be conducted in public and in such a way that citizens can follow what is being discussed and what decisions are being taken.

FIVE

That Formal notice should be given to delegations when they are scheduled to speak to council or committees. Politicians get such notice…surely it is not too much to ask that the same courtesy be extended to those who have expressed an interest in presenting to committee. (I missed this committee last month because I was not notified I was on the agenda…didn’t hear until phoned by a politician after supper that night). I have at times received notice but request that it always be done as a matter of policy rather than haphazardly.

SIX

That the city publicly release all construction costs and funding details of the GM Centre beyond operating losses to include interest costs/dividend losses of “monetizing” city ownership of Oshawa PUC Networks Inc.

SEVEN

That the auditor general investigate all details leading up to the purchase of the Cullen Garden Miniatures including any and all ethical questions and potential conflicts of interest and report publicly on his findings including the city plans for the disposition of the properties and the revenues received for their disposition.

So what did the committee do with these requests? They tabled them to come up again at the next committee meeting at which I will again be present. I have asked them to make recommendations to council on each of the items individually so that the whole package of requests cannot be turned down because they do not like one suggestion such as publicly posting detailed expense records. As taxpayers, we do pay the bills…and it is important we know what we are getting for our tax dollars.