HomeMy WebLinkAboutHuron Expositor, 2016-09-28, Page 7Wednesday, September 28, 2016 • Huron Expositor 7
Ombudsman cautions Rec. Board to better adhere to Municipal Act
Darryl Coote
Postmedia Network
The Ontario Ombudsman
has cautioned the Goderich
Recreation Board of Man-
agement to better adhere to
provincial open meeting
procedures and rules con-
cerning the creation of com-
mittees to be more transpar-
ent, although it acted in
good faith.
Two town councillors who
sat on the now -disbanded
Agricultural Park Ad Hoc
Committee committee,
which advised the town's
Recreation Board of Man-
agement about revitalizing
the park, said any transgres-
sions were unintentional.
But the woman who filed
the complaint with the
Ombudsman said if the pub-
lic had been more informed
and involved, things might
have gone differently --
especially when it comes to
the demolition of barns on
the property used by the
Goderich Trotting Associa-
tion (GTA).
The Ontario Ombudsman,
Paul Dub& published his
findings Sept. 14 after a
three-month investigation
into the complaint that the
ad hoc committee did not
comply with the Ontario
Municipal Act concerning
open meeting procedures.
Formed in the summer of
2013, the ad hoc committee
was supposed to be limited
to 12 members, two of whom
were council members with
the remaining being
volunteers.
It was also required to
have one municipal staff
member.
According to the report, it
was not limited to 12 mem-
bers and did not have a
municipal staff member.
Council dissolved the
committee on May 24, 2016,
stating it had fulfilled its
mandate.
The investigation report
published Wednesday states
that while the ad hoc com-
mittee and the recreation
board had "operated in good
faith," both were under the
"mistaken impression" from
town staff that they did not
have to follow the provincial
Municipal Act and could
hold closed meetings.
"The Recitation Board of
Management should turn its
mind to the open meeting
rules and the definition of a
committee when creating
bodies like the ad hoc com-
mittee to ensure that the
requirements of the Munici-
pal Act are met," Dube said
in his report.
The ombudsman, an inde-
pendent investigator into
government complaints,
then made four recommen-
dations to council.
Those recommendations
to Goderich council are:
Goderich should formally
recognize the Recreation
Board of Management as a
local board subject to open -
meeting requirements under
the Municipal Act.
The Recreation Board of
Management should adopt a
procedure by-law governing
the calling, place, order and
procedures for its meetings.
All members of the Recrea-
tion Board of Management
should be vigilant in adhering
to their responsibilities to
ensure the board complies
with the Municipal act and its
applicable procedure by-law.
The Recreation Board of
Management should ensure
that it and its committees
adhere to the open -meeting
requirements of the Munici-
pal Act, especially with
respect to public notice of its
meetings.
According to its website,
the ombudsman has no
power to enforce any recom-
mendations he makes but
most are implemented by
the offending governments.
Councillor Trevor Bazinet,
one of two councillors who
were on the ad hoc commit-
tee and who still sits on the
recreation board, told The
Signal Star that any trans-
gression committed by the
ad hoc committee was not
done purposefully.
ea ort uronex ' ositor.co
"I don't think anyone who
sat on the committee had
any intent at all to not be
open or transparent with the
public," he said.
With the ad hoc committee
dissolved a steering commit-
tee has been formed to spear-
head the multi -million -dollar
plan to revitalize the aging
Agricultural Park, and its has
leamed from its predecessor's
mistakes, he said.
"We're moving in the right
direction and we're doing
things properly as per our
ombudsman report. There was
nothing done with any ill inten-
tions whatsoever;' he said.
People make mistakes, he
continued.
"[You] learn from your mis-
takes and you move forward.
Everybody makes mistakes
and we thought we were
doing what we were supposed
to be doing," he said.
Councillor Myles Murdock,
the other councillor who was
on the ad hoc committee and
who also sits on the recreation
board, said he didn't see the
report as a criticism but a
learning opportunity.
"Things could be tight-
ened up in terms of govern-
ance and the way you run
things. And that's really all I
took from it," he said. "I cer-
tainly didn't take it as a criti-
cism as to how we were
operating:'
He said that the ad hoc
committee should have
made sure the public was
aware of when the meetings
were being held and that
anyone could attend.
The meetings, the investi-
gative report says, were
announced to members of
both bodies through emails
and members of the public
only knew of the meetings if
they had asked to be notified
of them.
The ad hoc committee was
not trying to hide anything
from the public, Murdock
said.
"It's simply a matter that
we're trying to do the best
job possible and sometimes
we're pretty amateurish
about the way we run things,
instead of being more pro-
fessional like the staff com-
mittees are in town hall," he
said.
Bazinet said going forward
the steering committee will
make sure a member of staff
is in attendance.
"We had our first steering
committee and we had three
staff members there. And it
was open to the public and
no one from the public
attended ... and that would
have been the exact same
thing with the ad hoc com-
mittee," he said.
However, for Michelle
Gaynor, who filed the com-
plaint with the ombudsman,
disagrees.
"If those meetings had not
happened, it wouldn't have
gone this far," she said. "...
There's no way it could've
happened."
In early September barns
that housed the Goderich
Trotting Association (GTA)'s
horses in the Agricultural
Park were torn down as part
of the revitalization plan,
and if the report was
released earlier, it might
have prevented the barns
from being demolished, she
said.
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"[I'm] angry -- Very angry
because it's too late for the
horses and our family
because the barns are gone,"
she told The Signal Star on
the phone the day after the
report was published.
She said if the public had
known about the meetings,
there would have been push
back to keep the barns.
"If the community said,
'No, you're time is up. You've
been there for a number of
years. It's an eyesore.' If it
was done fairly, so be it. But
it wasn't. And that's what
makes me mad," she said.
She continued that the
report from the ombudsman
is too little too late and that
the two council members
should have known better.
"They should be pun-
ished," she said. "Especially
the councilmembers who
were on that board. Volun-
teers can't possibly know
the rules, they are volun-
teering their time. Council
members know the
difference!'
She is examining her legal
options and may follow with
a civil suit against the town,
she said.
"There should be some
repercussions," she said.
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