Lakeshore Advance, 2013-02-20, Page 22 Lakeshore Advance • Wednesday, February 20, 2013
Some votes from CAO termination meeting improper
Lynda HIllman-Rapley
Lakeshore Advance
Some of the votes taken at the Lambton Shores November
13th closed- door sleeting that resulted in the termination of
CA() John Byrne were improper said Michelle Bird, legal
advisor from the Ontario Ombudsman office.
In her report to council, Bird said they considered relevant
sections of the Municipal Act and listened to the audio
recording form the Nov. 13th meeting and as well as other
sleeting material. "here were two in -camera meetings that
day and it was the 4 p.m. closed session that was the subject
of the eight complaints their office received.
"From the information provided to our Office it appears
that the discussion at the Nov. 13thincluded an examination
of an identified employee's performance as well as personal
views and opinions expressed about this individual..." Bird
said. She said there were six votes at that meeting,
"'The complaint to our Office also alleged that members of
council met prior to the meeting to discuss and make deci-
sions on council business. Our review did not substantiate
that such a gathering took place. We were advised that after
the November 13 closed meeting council became aware that
one of the in camera votes to appoint the treasurer (Janet Fer-
guson) as acting CAO was improperly taken in closed ses-
sion, as this vote was not a procedural platter, or a direction
to staff. This vote was repeated in open session at the Novem-
ber 10th meeting;' said Bird.
Two other votes were taken during the session. Council
voted to appoint three members Of council to a "transition
team" to facilitate the departure of CAO. That decision was in
violation of the Act. And council voted to direct the transition
team to seek legal advice. Birds said although the mayor is
considered an officer of the municipality, other councilors
are not. 'Ibis decision was also a violation.
At last weeks question period resident Glen Baillie asked
council if they were prepared to disclose the motions and
declare who made them. Ile also asked about the mayor
being an officer. Councilor Doug Bonesteel answered that the
motions no longer mattered and the mayor being an officer
meant he could sign checks.
Linda Williamson, director of Communications for the
Office told the Lakeshore Advance, "As you know, the
Ombudsman's role as closed meeting investigator is strictly
to determine whether or not closed meetings are held within
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the rules set out in the Municipal Act, section 239."
"Ms. Bird's letter explains that we found those rules had
been contravened in the case of two votes that were held in
camera. As she says, the Municipal Act is clear that council
ran only vote in closed session if the vote is for a procedural
matter or to provide directions or instructions to officers,
employees or agenda of the municipality. As she notes, the
mayor is considered an officer of the municipality but coun-
cillors are not, so the vote to direct the transition team did
not fit this definition."
Williamson said'lhe Ombudsman's role is simply to deter-
mine whether or not the closed meeting rules were followed.
Anyone seeking information about the motions can make a
request to the Information and Privacy Commissioner.
In her report Bird did not say if this 'preliminary review'
would advance to an investigation.
As was with the other eight Ombudsman reviews it
regards to this council, the comments were shared as a yIT
agenda iteral in the February 11th package. Councilor Doug
Cook asked that this review be placed on the municipal web
site.
Bird encouraged the municipality to continue audio
recording closed session meetings.
Head of Ag group wants
police investigation
The threat follows an
arson attack this year
against a wind turbine
installation in •
Haldimand County by
NextEra Energy that
caused $60,000
damage
John Miner
OMI Agency
The head of the Ontario Federation of
Agriculture is urging police to investi-
gate anonymous threats to sabotage
farm fields that are the home to indus-
trial wind turbines.
"That is pretty pathetic, even to
threaten it. I hope the police follow it
up, find who did it and charge them
accordingly," Mark Wales, president of
the Ontario Federation of Agriculture.
said Tuesday.
An anonymous letter sent to The
Lakeshore Advance under the heading
"Notice to All Farmers and Custom
Farthing Operators" warned that any
field with an industrial wind turbine
"will be stilled to having foreign mate-
rials placed in the crops which will
result in very serious damage to any
harvesting equipment."
The letter is signed, "Regards, Your
neighbors.' The post mark is from the
sorting plant in Stoney Creek, which
could have been sent from anywhere in
Ontario
'The threat follows an arson attack this
year against a wind turbine installation
in Haldimand County by NextEra
Energy that caused $60,000 damage.
NextEra, one of the largest
developers of wind farms in
North America, declined
comment on the Ontario
threats.
Vandalism against wind
farms has been a problem
elsewhere in Canada and
south of the border.
A (30 -metre meteorological
tower on a wind farm in
Nova Scotia was destroyed in
2012 when steel guy wires
were cut, causing the tower
QM' photo
to collapse.
In Michigan, there have
been instances of vandalism
of wind turbines and trans-
former stations.
'ghe threat against Ontario
farm operators has been
condemned by both wind
energy advocates and
opponents.
With files from Lynda H111 -
man -Rh ploy/Lakeshore
Advance