Councillors discussed PR expenditure behind closed doors

September 16th, 2009
Simcoe County councillors discussed a $250,000 public relations expenditure in camera at their last council meeting. This is a clear violation of Ontario’s Municipal Act.
Next week’s Simcoe County Council meeting will be voting on whether to approve a report from the Performance Management Committee, moved by Severn Mayor Phil Sled and seconded by Tiny Mayor Peggy Breckenridge. The report is an “update” and it’s clear that the County has proceeded at break-neck speed to implement this particular item.
The committee report states:” In accordance with County Council’s approval of expenditures for a public relations plan, the Corporate Communications Department has initiated work with the public relations firm, Fleishman Hillard.”
Under the heading ‘Financial Analysis,’ the report (dated Sept. 3 and approved by CAO Mark Aitken) states: “There are no financial implications to this item.”
That seems somewhat of an understatement. According to reporter Laurie Watt in the Midland Mirror, “In private session Aug. 25, county councillors approved spending $250,000 to retain outside help for the county’s four-member communications department.”
On August 25? That’s a surprise. That’s the day of the moratorium vote, when hundreds of citizens turned out for the council meeting.
SDS41 communications director Kate Harries called County Clerk Glen Knox for clarification. He stated that County Council went back into closed session on that Tuesday evening and this was one of the items that was dealt with.
Harries pointed out that under the Municipal Act, councils are supposed to meet in public unless they are dealing with a restricted list of subjects like litigation, property acquisition, personnel, etc. Public relations is not on that list.
Knox agreed, and listed the restricted subjects under the Municipal Act (Section 239).
The Municipal Act was followed because councillors came out of closed session to vote in public, Knox said, and the resolution would be found in the minutes posted Tuesday on the County’s website.
Harries pointed out that the legislation doesn’t just prohibit in-camera voting on all but the restricted list of subjects, it also prohibits in-camera discussion. How could councillors have voted on the PR item without having discussed it first? Knox did not reply.
After further inquiries, we have ascertained that the recommendation to authorize the hiring of Fleishman-Hillard is the County Officer’s CO 09-032 confidential report (not made public).
The resolution “that the recommendations contained in Confidential County Officer’s Item CO 09-032, regarding security of the property of the municipality and advice that is subject to solicitor-client privilege, be approved” was moved by Adjala-Tosorontio Deputy Mayor Doug Litte, seconded by Innisfil Mayor Brian Jackson, and carried – during the 5-minute open session between 7:40 and 7:45 p.m.
The minutes (of the open and the confidential meetings) show that the item was discussed both at the daytime and the evening in-camera sessions.
This won’t wash. Let’s say the lawyer advised council to retain a PR firm; that is not legal advice, and it’s not subject to solicitor-client privilege, and we really expect our councillors to know where to draw the line, and insist that any non-legal aspect of the report be dealt with in public.
Further details from the performance management commitee’s report: The hiring of Fleishman-Hillard “will see the commencement of a campaign to elevate the public perception of the County. The County of Simcoe, as a regional service provider, delivers significant services upon which many people depend. It is important to ensure that the County manage its reputation and effectively reinforce to residents that our services are effective, cost-efficient and valued.”
Fleishman-Hillard International Communications, based in St. Louis, Missouri, is one of the world’s largest public relations agencies, with a global network of offices as well as offices in 22 cities in the United States. It is a part of Omnicom Group Inc.
The committee report continues: “The public relations firm has already been working with staff and initiated planning and research meetings as well as their critical analysis of the County’s current needs and situation. Their efforts are initially established with the Corporate Communications Department and senior staff but will be establishing suitable methods to interact with County Councillors as well. Once the critical analysis is completed and our communications plan is reviewed and refined, further and regular updates will be provided to County Council.”
(The four-person Corporate Communications department, under the leadership of Allan Greenwood, recently perpetrated a racist slur on Anishinabe protestors in a release which has now, thankfully, been removed from the County’s website – although, to date, the apology requested by Anishinabe Kweag protest leader Vicki Monague has not been forthcoming.)
“This firm’s expertise in highly charged media and political environments is well established. They will provide rapid response and execution to meet our needs for public perception through media and other stakeholder channels.”
Simcoe County Council agenda for Sept. 22: Agenda
Aug. 25 meeting (scroll to end for resolutions passed after the 7:26-7:45 p.m. in camera meeting): Minutes
Aug. 25 in camera meeting: Confidential minutes
More information on Fleishman-Hillard: Monte Solberg
City of LA suit for padded bills: LA Times
Corporate culture: prwatch