Gross Mismanagement of our City Business, Conflicts of Interest, and Adoption of the "At Large" Vote to Protect Politicans from Electoral Defeat

The following is a citizen letter sent to the mayor and council which appears on a recent Finance and Administration Committee Agenda. You can read the original copy of this letter by clicking the title above and see the news articles the writer refers to.



Sent: Wednesday, August 12,2009 12:30 PM
To : clerks
Cc: Mayor@Oshawa.ca

Subject: Fw: Tax Information

Attachments: Tax lnformation

Attached is a recently published article that should be forwarded to everyone on Council.

With respect to property taxes on a residential property assessed at $350,000, you will note that taxes in Vaughan, Markham and Mississauga are about the same in the $3,500 to $3,600 range. Toronto is lower.

Now let's turn to Oshawa, we are 106% HIGHER than Toronto, 68% HIGHER than
Vaunhan, 74% HIGHER than Markham and 73% HIGHER than Mississaum.

What is the secret to their substantially lower tax rates?? I believe it is primarily due to the fact they don't have the Oshawa Council managing their financial affairs.

I wonder if they purchase fancy and "showy" sports cars for their Mayor? How do you really think hard pressed taxpayers feel when they see or read about our Mayor driving around in his "fancy" new "wheels", while they are suffering financial hardships and paying excessive property taxes in the current very problematic economy?

Perhaps some recent negative newspaper articles may shed some light on this for you. If the Mayor is entitled to a vehicle, then by all means get him a new one at the appropriate time. That is not the issue - what is the issue here is why he would be authorized to purchase such a "showy" vehicle and set such a poor example in this economic environment? This is somewhat like "rubbing salt in a wound". Such a decision speaks volumes as to how you really care about how taxpayers
money is being spent. By the way, saying this "showy/fancy" purchase was made to show
support for GM and the Camero, which is to be constructed at the Oshawa plant, just doesn't cut it with me.

I wonder if the other municipalities in the GTA pay the educational expenses for Councillors - expenses for an elected politician who could very well be gone at the next election! How do taxpayers benefit from this? Councillors are not permanent high potential staff being trained for future executive level positions! If they wish to improve their education, I strongly feel they should pay for this themselves - after all, they are the only ones who benefit!

I would really like to see the related business case (cost/benefit analysis) presented to support approval of such expenses - if one actually exists.

A related area of concern is that I understand Council approved having hard pressed taxpayers absorb these costs - what we have here is Council approving expenses for the benefit of Councillors on this Council!!?? Isn't this commonly referred to as conflict of interest? In any event, I assume you must have checked with your
legal area to ensure this was, in fact, appropriate?

I could go on and on - and on and on - but what is the point - you just don't listen. The only thing that seems to get your attention is finding ways to get re-elected.

When challenged on taxation, the City of Oshawa normally responds by advising Oshawa is "in the higher range" of property taxation in the GTA. This is extremely misleading as well as completely inaccurate - and if you do this again, you will be challenged in an appropriate manner. Stop trying to hide the true facts - rather, do what you are getting paid to do by more effectively managing the City's financial affairs and reducing our property taxes so they are in line with the other areas mentioned above. Most important of all, stop wasting our hard earned tax dollars!

I have lived in Oshawa for nearly 4 years. I can assure you that if I had been aware of the excessive tax rates here, I never would have moved to this area. Oshawa sure doesn't deserve a "premium"!!

The numbers mentioned above and outlined in the attachment speak for themselves. There is something dramatically wrong in Oshawa. How do you people sleep at night or "look in the mirror" - the greatest test of all - and live with what you see?? If this was a private business, most if not all of you would be terminated.

Unfortunately, being "bullet proof' politicians, the only way we can get rid of you is to try to vote you out of office once every 4 years.

You are all pretty "cute" - somehow you have manipulated the voting process whereby local Ward representation will soon be gone at the next election and Councillors will have no specific accountability to taxpayers in the local Wards. What a great way to "hide in the bushes" and avoid accountability to taxpayers. I do not recall ever having had a chance to cast a vote on this change and I can assure you that I RESENT THIS CHANGE AND AM 100% OPPOSED TO IT !!

An extremely unhappy taxpayer
Ron Boulter



Editor's Comment...Do we need Oshawa City Council...Here is the dominant business decided at the last council meeting...and we pay a third of our high municipal taxes to discuss this kind of issue...City Council and the city administration should be disbanded because all significant business is done at the Regional Level. We could save a significant proportion of our tax dollars!

What Oshawa City CouncilDidn't Want You To Hear!

Here is a presentation I was scheduled to make to city council at their March 3, 2008 meeting…but a surprise motion by Councillor Kolodzie seconded by Councillor Nicholson and supported by all in attendance except for Councillors Lucyk and Mariempietri…Councillors Cullen, Neal, and Parkes were absent. The motion, to accept my request to speak for information only and thus denying me the right to speak, is surprising since it was obviously organized and planned prior to the city council meeting, this despite the fact that the law says all city business is to be done in public at the council meeting. I know this strategy to once again deny public information was planned ahead of time because Councillor Nicholson told me of the strategy during the break after which I was to present my delegation.

So Here’s the presentation city politicians didn’t want you to hear.


Bill Longworth Presentation Scheduled for City Council re F&A Agenda Item FA08-36, Monday, March 3, 2008


Mayor and Council

Conflict of interest is the most serious misdemeanor of elected citizens

There are suggestions and allegations of a conflict of interest in respect of the city purchase of the Cullen Garden Miniatures.

I’m here tonight to ask you to propose a resolution of council to launch an inquiry under section 274 (1) of the Ontario Municipal Act to look into this matter….and I would ask that you have a recorded vote on this issue.



Now I’m not going to mention the names of politicians involved tonight…but you all know what I’m referring to

The public have put you in a position of public trust…and you have an obligation to the public to insure that we have an honest and transparent city council that acts with integrity

You have a responsibility to Oshawa citizens and to the politician involved to look into this serious matter of allegations of conflict of interest

Sweeping these allegations under the rug by doing nothing reflects poorly on every member of council and raises serious questions about your service in the interests of Oshawa taxpayers.

The finance and admin committee has recommended that you not take action in this issue…chiefly at the urging of the involved politician who was the only one to speak for inaction at the committee when it met on Feb. 25…which in my estimation is itself a conflict of interest.

I believe inaction in this matter is irresponsible and in fact damaging to Oshawa City Council since this purchase was one of the more incredulous actions out of a number of controversial actions taken by this city council…which has seemed to have been heavy handed and ham fisted at times.

You have nothing more important than the public trust in all of you’re actions and so I’m asking you to launch a judicial inquiry of any potential conflict of interest in the Cullen Gardens Miniatures purchase by a resolution of this council under Section 274(1) of the Municipal Act.

Such an action is required to

1) Assure citizens that politicians are indeed acting in the best interests of the citizens,

2) Clear any politician’s reputations that have been besmirched by allegations of conflict of interest

3) Assure citizens that we have an honest and uncompromised city government that acts with integrity in the best interests of citizens, and

4) Assure citizens that the council is self-policing and does not require external public supervision to insure honesty and integrity.

If you fail to act, it is then up to citizens themselves to initiate and fund action under the conflict of interest act which is a travesty of the public trust placed in you to supervise the honesty and integrity of your own behavior.

It seems grossly unfair that individual citizens should have to use their own time and effort and funds to insure honest government

So failure to act as I’m requesting under Section 274(1) of the Municipal Act reflects negatively on every member of council in raising questions of public trust in the minds of every citizen…and questions of what else is being hidden from the public….like information about the general vote plebiscite when the mayor said city hall had no responsibility to communicate plebiscite information to the public.

So council, Pass a resolution of council to launch a judicial inquiry under Section 274(1) of the Municipal Act in respect of the Cullen Gardens Miniatures purchase and lets put any questions of conflict of interest to rest…and provide a full motion of confidence to the named member if that is appropriate…and the full sanctions of the law if that is justified

Protecting the Integrity of Oshawa City Council

To the Mayor and Council

There has been much public concern, controversy and ridicule over the city purchase of the Cullen Gardens Miniatures Collection and their recent dismal failure at trying to unload the collection.

Because of the questions of potential conflicts of interest, the reputations of some politicians have been besmirched, sullied, and compromised.

The Law is extremely clear about the actions politicians must take when they foresee a potential conflict of interest stating clearly that they must excuse themselves from all discussion, voting, and comment on the issue in question.

I think it fair to all involved that an investigation be carried out to see if any of the allegations of conflict of interest are justified, and if not, to take official city action such as moving a vote of confidence in the individuals involved to restore their integrity and reputation, but if proven, to insure the wrongdoing reflects the full extent of the law.

Political Conflicts of Interest are extremely serious and we cannot allow such actions to undermine our system of government.

Section 274(1) of the Ontario Municipal Act states that the city can launch an investigation by a judge of the Superior Court of Justice by a resolution of city council.

Such an Investigation by a judge shall:

(a) Investigate any supposed breach of trust or other misconduct of a member of council, an employee of the municipality or a person having a contract with the municipality in relation to the duties or obligations of that person to the municipality;

(b) Inquire into any matter connected with the good government of the municipality; or

(c) Inquire into the conduct of any part of the public business of the municipality, including business conducted by a commission appointed by the council or elected by the electors.

This action can be investigated or prosecuted under either the Ontario Municipal Act or the Ontario Conflict of Interest Act. The Ontario Conflict of Interest Act says that this act shall prevail in the event of conflict between the acts but in fact no conflict exists so either Act can be used.

Action is preferable under the Ontario Municipal Act since this act allows for action to proceed following a resolution of council and all funding and defence costs comes from the city whereas complaint and presumably costs are the responsibility of private citizens under the Conflict of Interest Act.

To avoid impugning the entire council, I cannot impress the need strongly enough for council to initiate an independent investigation under the Municipal Act to:

1) Assure citizens that politicians are indeed acting in the best interests of Oshawa citizens and taxpayers, and

2) Clear any politician’s reputations that have been besmirched by this purchase, and

3) Assure citizens that we have an honest and uncompromised city government that acts with integrity, and

4) Assure citizens that the council is indeed self policing and does not require external public oversight to insure honesty and integrity.

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