North Simcoe Mayor and deputy mayor candidates address county issues

By DOUGLAS GLYNN mIDLAND FREE PRESS October 20 2010
As the dispute surrounding the Site 41 landfill reached a critical stage during the summer of 2009, a number of questions emerged about the manner in which decisions were being made -and by whom -at the County of Simcoe.
Some of the 32 women and men entrusted to govern the half billion dollar corporation were, according to one councillor: “left in the dark.”
While their actions impact the lives and pocketbooks of everyone in Simcoe County, county councillors are not directly accountable to county residents. They hold office solely because they are elected as mayors and deputy mayors in their own municipality.
(In a democratic society that, in and of itself, is worthy of a whole set of questions.)
County issues are rarely, if ever, raised during municipal election campaigns.
To assist voters who have an interest in what happens at the county level, The Free Press has posed three questions to all the candidates for mayor and deputy mayor in North Simcoe municipalities who, if elected, will sit as members of County Council.
Not all the candidates responded, but the answers of those who did respond are provided for your information.
Commenting in September, 2009, about decisions made at the county during the summer concerning the Site 41 landfill protests, Tay Township Mayor Scott Warnock said, in part: “If county council had met back in July, had held a special meeting and got all of this (Site 41) on the table, it might have saved a lot of the disinformation that got out there.
“It could have really helped bring the issue forward from the ratepayers perspective much sooner. I think at least it would have given all of county council a greater sense of clarity about what was going on and what decisions were being made.
“Most of us were left in the dark.”
Question 1: What steps will you personally take to ensure that no member of county council will ever again be “left in the dark” and that decisions that impact county residents, such as the civil suit against two of the Site 41 protesters, are made at a meeting of the entire council -not just a committee -and that those decisions are based on a recorded vote -the results of which form part of the public record?
Midland
Gordon McKay: Steps that may help: reduce the number of in-camera meetings; better tasking, management and reporting from committees so that problems are not buried and decisions are made clear to the Council; meaningful consultation with the citizens of Simcoe County, and improved communication from Simcoe County councillors (Mayor and Deputy Mayor) to their respective municipal councils.
The real problem may be the governance structure that requires our busy municipal mayors and deputy mayors to also guide a half-billion dollar regional corporation.
Stephan Kramp: Mayor Warnock’s comments are cause for concern. It will be critical for every newly elected Mayor and Deputy Mayor to fully investigate and understand how County procedures allowed for such an outcome. I will work to ensure that County procedures allow for a full discussion and recording of decisions made by Council and committees. I also commit to not voting for resolutions that I do not fully understand or without the necessary back-ground information to make an informed decision at the County Council table
Penetanguishene
Anita Dubeau: A meeting in July would have helped. Members of County Council should be encouraged to call the Warden or the CAO. I have never been denied information when asked. Our procedure By-Law stipulates that a member from the floor must ask for a recorded vote. If the question is not asked the vote is a show of hands. The County is doing a much better job of communications not only with council but the public. The civil suit in question was discussed at our June in camera meeting. It was part of the regular County Council agenda.
Gerry Marshall: Being knowledgeable and having knowledge of developments or potential developments within all committees is key, beyond the reading of committee meeting minutes or listening to presentations I would engage in one on one conversations with committee members to gain more in-depth insight. I would support a motion that would result in a recorded vote occurring on any issue that sees us engage on a very extreme personal level, such as a lawsuit, with any resident.
Thom Lackie: I would certainly advocate for more transparenc y from county council and would make a motion at the first opportunity to do that. I am no expert on Roberts Rules but would inquire why they were not being used in this case. Because I have never attended one of these meetings in the capacity of the Deputy Mayor of Penetanguishene, if elected, and if I felt that the vote should be a matter of public record, I would abstain from voting if it was legal to do so.
Heather Garratt: I would put forth a motion that all committee reports be approved by council.
Patrick Marion: I believe in open Government and agree with Mr Warnock when he says that all of council should have been consulted in matters such as these. If elected, I will stress to Simcoe County Councillors the importance of communicating to our taxpayers, the position of Council on matters which will significantly impact them.
Doug Leroux: I would seek total transparency at County level and insist that all major issues involve all of County Council.
Tay
Scott Warnock: I think having the county move to a committee of the whole structure and do away with the three standing committees. We moved to committee of the whole in Tay several years ago and allows all members of council to hear all the reports from staff along with any in camera items at one time. In fact the County is doing away with the individual committee meetings in November and having just a Committee of the Whole meeting on November 10th. Having all 32 elected officials at the same meeting will go a long way to keeping everybody in the loop.
Mike Ladouceur: It is my experience that county council has learned a valuable lesson through this whole process and no doubt that you will likely see another decision being made unless the approval of all county council. It is my job to make sure this doesn’t happen again.
Tiny
Peggy Breckenridge: The special meeting Mayor Warnock refers to is one which I requested. If there are issues that affect our public directly and are in the media, we need to be informed immediately and a special meeting of council should be called. I will endeavour to ensure this happens in the future. My focus at County Council has been and will continue to be on continuous improvement
Ray Millar: Only a comprehensive review of the County’s procedural bylaw will provide the clarity needed. If the procedural bylaw is deemed deficient in safeguarding against conduct of the sort described, I will advocate for the changes needed to ensure, as best we can, that this never happens again. The decision to call for a recorded vote at the County is often a strategic one. While a regular vote (a simple majority) may carry the day, a recorded vote is subject to weighting based on population. With a recorded vote, fewer than half of Council can out vote the majority by virtue of their greater population base.
George Lawrence: As a member of Simcoe County Council, I would be prepared to bring a motion forward that would direct staff that any issues requiring litigation or potential litigation, must go through both committee level and county council as a whole level before any direction is taken. Regarding the law suits brought by Simcoe County against the Site 41 protesters, I strenuously objected to the direction staff had taken without consultation at the committee level and the county council as a whole level. My objection is on public record of the treatment afforded our Site 41 protesters
George Cornell: I will be a leader in reforming how County Council works to ensure stronger public engagement and enhanced codes of conduct and ethics . Specifically regarding the situation you outline in your question, I will work to change the procedural by-law and practices at County Council to ensure that in situations like this, the matter is brought before the entire County Council to be discussed and voted on.
In a news release issued Aug. 21, 2009, by her office announcing she was ordering the county (for the second time) to obtain hydro geological data sought by the (county’s) Site 41 community monitoring committee, the province’s Information and Privac y Commissioner Ann Cavoukian said, in part:
“When institutions embark on ventures that will have major implications to the public, as is the case with Site 41, they must plan up-front to include access to information of public interest. I cannot stress enough the importance of freedom of information. If citizens are to participate meaningfully in the democratic process and hold politicians and bureaucrats accountable, they must have timely access to this type of information.”
QUESTION 2: Thousands of tax dollars were spent by Simcoe County in battling freedom of information requests from the community monitoring committee and, in particular, Steve Ogden, whose FoI request is what the Commissioner refers to in her above remarks.
What steps will you personally take to provide greater public access to information and to ensure that both the letter and the spirit of the FoI legislation is followed at Simcoe County?
Midland
Gordon McKay: I personally will: advocate for, and where needed assist in obtaining the release of information that is improperly with-held; meet with the CAO/departments to ensure that information that must be with-held satisfies strict publicly acknowledged criteria; review contracts and agreements to maximize the public release of information; review County disclosure costs, techniques and standards to ensure that they are reasonable for the public access and make myself available to citizens with FoI concerns.
Stephan Kramp: Your Midland Deputy Mayor representative on County Council has the right to express their opinions and ask questions during meetings. I would ask for the release of information directly without forcing private citizens to do the jobs we were elected to do. Mr. Ogden’s Freedom of Information requests were almost always approved for release to the public despite the County’s efforts to deny disclosure of the information. The residents of Simcoe County want this stonewalling to end. Why should Midland and County residents pay to fight the legitimate requests f their own residents? The residents of Simcoe County should be treated with respect and dignity at every level of government.
Penetanguishene
Anita Dubeau: We must insure when writing RFP’s that all materials are the property of the County. The information in
question did not belong to the County. That is what complicated the issue.
Gerry Marshall: The sharing of information with our residents must be part of our overall planning process and must be in place from the onset of any project. The sharing of information needs to be included as a component and measurable deliverable of any project. The public needs to be kept abreast of the how, when, where and why of our activities and actions.
Thom Lackie: Here again, I am only one vote but on any of the Boards that I have chaired, I have never seen something as undemocratic as this. In protest and if possible I would abstain from voting.
Heather Garratt: All refusals of FOI must be examined at council and denials and reasons for the denial made public.
Patrick Marion: Your second question refers to matters of which I was not privy to and therefore without the Independe nt Legal Advice which was afforded to the sitting council of the day I am unable to comment on that particular example. But as the Privacy Commissioner said, I believe that in future we should plan up-front to include access of information of public interest.
Doug Leroux: The FOI information request belonged to a third party and would have led to a costly legal battle to obtain. I do believe that FOI information should be made available any time it is possible to do so.
Tay
Scott Warnock: The Freedom of Information guidelines are quite clearly defined but I am not sure if all members of County Council are aware of them. As a newly elected council members should receive these guidelines as part of any orientation and or new councillor training session. This will make all council members aware of what is and is not a true FOI request when they come forth during the next term.
Mike Ladouceur : It is my opinion the that the FOI was designed to protect not only the corporations but the public that we serve. I do believe in trans-p a re n c y and by being more transparent we could save the ratepayer some of our tax money . The FOI is a double-edge sword some of the information that we provide may, cost us money through lawsuits.
Tiny
Peggy Breckenridge: More public information sessions and opportunities for public input need to be put in place; this I believe would cut down on the need for FOI requests. There are reasons for confidentiality and reasons for citizens’ rights to information. The challenge is to balance a citizen’s right to know with the need to preserve confidentiality where the disclosure of information would be against the public interest.
Ray Millar: The conduct of the County was reprehensible and demonstrated a stunning lack of awareness of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). When elected, I will advocate vigorously for staff training on MFIPPA and I will act promptly to gather support from fellow council members, seeking to have a policy of routine disclosure and active dissemination of information put in place. I will not stand idle when an attempt is made to use the legislation as a sword to strike down legitimate inquiry, rather than the shield it was intended to be.
George Lawrence: First, I would ensure all contracts given to consultants working for the county MUST include a release of information clause. The results of any study made by consultants must stay the property of the County of Simcoe.
George Cornell: FOI legislation is there to protect the rights of the public to have access to information under the control of institutions, while at the same time protecting the privacy of individuals. There are very specific rules under which the Act is governed. As a member of County Council, I would work to ensure that County Council and staff are fully compliant with the FOI requirements and work to improve the public’s engagement in County matters through public meetings and advisory committees.