HomeMy WebLinkAboutClinton News Record, 2016-09-28, Page 11Wednesday, September 28, 2016 • News Record 11
Ombudsman cautions Rec. Board to better adhere to Municipal Act
Darryl Coote
Postmedia Network
The Ontario Ombudsman has
cautioned the Goderich Recrea-
tion Board of Management to
better adhere to provincial open
meeting procedures and rules
concerning the creation of com-
mittees to be more transparent,
although it acted in good faith.
Two town councillors who sat
on the now -disbanded Agricul-
tural Park Ad Hoc Committee
committee, which advised the
town's Recreation Board of
Management about revitalizing
the park, said any transgressions
were unintentional.
But the woman who filed the
complaint with the Ombudsman
said if the public 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 Association (GTA).
The Ontario Ombudsman,
Paul Dube, published his find-
ings Sept. 14 after a three-
month investigation into the
complaint that the ad hoc com-
mittee did not comply with the
Ontario Municipal Act concern-
ing 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 members 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 pub-
lished Wednesday states that
while the ad hoc committee and
the recreation board had "oper-
ated in good faith," both were
under the "mistaken impres-
sion" from town staff that they
did not have to follow the pro-
vincial 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 commit-
tee when creating bodies like
the ad hoc committee to ensure
that the requirements of the
Municipal Act are met," Dube
said in his report.
The ombudsman, an independ-
ent investigator into government
complaints, then made four rec-
ommendations 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 Munici-
pal Act.
• The Recreation Board of
Management should adopt a
procedure by-law governing the
calling, place, order and proce-
dures 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
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the open -meeting requirements
of the Municipal Act, especially
with respect to public notice of
its meetings.
According to its website, the
ombudsman has no power to
enforce any recommendations
he makes but most are imple-
mented by the offending
governments.
Councillor Trevor Bazinet,
one of two councillors who were
on the ad hoc committee and
who still sits on the recreation
board, told The Signal Star that
any transgression committed by
the ad hoc committee was not
done purposefully.
"I don't think anyone who sat
on the committee had any intent
at all to not be open or transpar-
ent with the public," he said.
With the ad hoc committee
dissolved a steering committee
has been formed to spearhead
the multi -million -dollar plan to
revitalize the aging Agricultural
Park, and its has learned 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 intentions whatso-
ever," 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,
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said he didn't see the report as a
criticism but a learning
opportunity.
"Things could be tightened up
in terms of governance and the
way you run things. And that's
really all I took from it," he said.
"I certainly didn't take it as a
criticism as to how we were
operating."
He said that the ad hoc com-
mittee should have made sure
the public was aware of when
the meetings were being held
and that anyone could attend.
The meetings, the investigative
report says, were announced to
members of both bodies through
emails and members of the pub-
lic 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 professional like the staff
committees 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
committee," he said.
However, for Michelle Gaynor,
who filed the complaint with the
ombudsman, disagrees.
"If those meetings had not hap-
pened, 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 revitaliza-
tion plan, and if the report was
released earlier, it might have
prevented the barns from being
demolished, she said.
"[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 lit-
tle too late and that the two
councilmembers should have
known better.
"They should be punished,"
she said. "Especially the coun-
cilmembers who were on that
board. Volunteers 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 reper-
cussions," she said.
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