Mississauga Council presentation on Hazel McCallion’s Conflict of Interest: the McLean & Kerr Report –Setting the Record Straight

February 22nd, 2011  

Today’s Blog is just for the historical record and will be included in the February 23, 2011 Mississauga Council meeting minutes.

MISSISSAUGA CONFLICT OF INTEREST JUDICIAL INQUIRY: HAROLD SHIPP (AGAINST) DONALD BARBER (FOR)

Yesterday, I gave a deputation before City of Mississauga Council and presented a shortened version of the following video.

Because of time constraints, I was not able to include the last 35 second clip of the Mississauga Judicial Inquiry involving Elizabeth McIntyre (counsel for Mayor Hazel McCallion) and Ed Sajecki, Mississauga’s Commissioner of Building and Planning to Council yesterday.

The exchange had Ms McIntryre ask Sajecki whether his staff gave any preferential treatment to Peter McCallion’s World Class Developments or whether they, in any way, felt interfered with or influenced around his hotel project.

As always, here is the original-length video —followed the transcript.

Hazel McCallion’s Conflict of Interest: the McLean & Kerr Report –Setting the Record Straight (11:07 min)

(Click here to go directly to the clip on YouTube)

[VIDEO TRANSCRIPT]
[Note: Inquiry transcripts or McLean & Kerr sometimes used for accuracy purposes]

Freya Kristjanson, counsel for the Mayor Hazel McCallion (Mississauga Judicial Inquiry, September 15, 2010)

Okay. If you could turn to the next page then. And again, this is the McLean Kerr summary of what happened on April 30th. At the commencement of the meeting, Acting Mayor Saito stated — called it to order, saying, “My understanding is that Mayor McCallion had declared last week a conflict of interest on this item. So as Acting Mayor, I’ll call the meeting to order and deal with this.”

She then asked for disclosure. She said,”Seeing none, we will accept the Mayor’s previously disclosed conflict of interest if she comes before the meeting is over.”

Do you recall that interchange, the Acting Mayor reaffirming the — Mayor McCallion’s conflict?

Janice Baker, City Manager (Mississauga Judicial Inquiry, September 15, 2010)

Again, I have no specific recollection of it, but if the — the record would be accurate, I’m sure.

Freya Kristjanson, counsel for the Mayor Hazel McCallion (Mississauga Judicial Inquiry, September 15, 2010)

And if McLean & Kerr, your legal firm, summarized the DVD as such, you’re prepared to accept that’s what happened?

Janice Baker, City Manager (Mississauga Judicial Inquiry, September 15, 2010)

Absolutely.

MISSISSAUGAWATCH (reporting February 21, 2011)

And it isn’t an accurate reflection of what happened on April the 30th and that’s what I want to report on today.

What I have here in front of me is the McLean & Kerr report. If you take a look and you start going now to page 33, you see that McLean & Kerr, write here:

“We have reviewed the Minutes of the meetings and the DVD Recordings of those meetings and in particular those portions of those meetings relation to WCD’S involvement in the Property.”

So again, there’s the statement that they have reviewed the minutes and also the DVD.

So you get right away into the April 23rd meeting of Council and they say the following about the minutes of that meeting.

Mayor McCallion disclosed here conflict of interest. Barry Lyons Consultants addressed Council. Councillor Dale made comments relating to the development application. And a resolution to defer to a Special Council Meeting on April the 30th was voted on.

And I have here the April 23, 2008 minutes. There it is. “World Class Developments” and it does show here that there’s a declaration.

The item there, Item I, and it talks about Barry Lyons and it does mention that Councillor Dale had welcomed the development of the application. And then on top of it, a resolution to defer.

So for the April 23rd, 2008 Council, McLean & Kerr’s summary of the Minutes are accurate.

And you check the DVD recording —then they start putting down a transcript of the Mayor had actually said. And then three and a half hours into the meeting, the Mayor had stated the following —the Mayor then left the meeting.

And the DVD shows that Barry Lyons was there and then indeed Councillor Dale had made comments about the “destination” and so on. And then also that the results [sic] is that the motions were carried and so on.

So I went and checked this and McLean & Kerr really did do an accurate reflection of both the minutes and reporting on the DVD. The problem starts with April 30th.

April 30th as you can see here is a Special Meeting of Council. McLean & Kerr had only this to say about the minutes of the meeting.

“The Minutes of the Meeting reflect that there was no disclosure of direct or indirect pecuniary interest.”

However when you go to the minutes of the meeting, the April 30th minutes mention Barry Lyons and also that Councillor Dale had made comments. And that’s a significant amount of information right here.

The minutes say, and McLean & Kerr completely leave this out, that:

Councillor Dale moved the request for deferral and asked if the applicant has been granted an extension from the land owners as it was an important point in getting these documents together. He expressed concern that a lot of staff time by various departments has been spent on the subject application to date so that they could meet a development charges deadline. The Ward Councillor stated that he welcomes the hotel into the City Core, however, now that this deadline was no longer an issue, he hoped that they will proceed with their application in a normal manner and suggested that the Commissioner so advise the applicant, with the expectation that the documents will be available for the May 21st. council meeting.

Again, here’s what McLean & Kerr says the minutes said:

“The Minutes of the Meeting reflect that there was no disclosure of direct or indirect pecuniary interest.”

No mention of any kind of comments by Councillor Dale.

So. Perhaps the DVD recording might make mention of it. And McLean & Kerr says the DVD recording reflects that at the commencement, Pat Saito —Councillor Saito said the following. And that is just a summary of what we’d heard at the Mississauga Judicial Inquiry.

“Ladies and Gentlemen, I’m going to call to order the meeting of council. We have a special (council) meeting this morning. My understanding is that—

Freya Kristjanson, counsel for the Mayor Hazel McCallion (Mississauga Judicial Inquiry, September 15, 2010)

“My understanding is that Mayor McCallion had declared last week a conflict of interest on this item. So as Acting Mayor, I’ll call the meeting to order and deal with this.”

She then asked for disclosure. She said:

“Seeing none, we will accept the Mayor’s previously disclosed conflict of interest if she comes before the meeting is over.”

MISSISSAUGAWATCH (reporting February 21, 2011)

And then the only other thing that McLean & Kerr mention about the DVD is:

“(2) a motion to refer the matter to the May 21, 2008 council meeting was carried.”

That’s it. But that’s not all that happened at that meeting.

What’s interesting is that when you go on to the next meeting —May 7th, they again go to accurately reporting what the minutes said.

And you go to May 21st and again, there’s the minutes of the meeting —are quite accurate, very thorough, what was said. And down here that the Commissioner of Planning advised the applicant. So again you’re back to accurate reflection of the minutes —and the DVD.

[PUSH RIGHT]

MISSISSAUGAWATCH (reporting February 21, 2011)

What I want to do now for the record is to show what my video camera recorded, April 30th 2008 that did not make it into the McLean/Kerr report.

[REVERSE CLOCKWIPE]

Councillor Pat Saito (Special Council Meeting regarding removal of the “H” Holding Symbol, World Class Developments, April 30, 2008)

Disclosures of direct or indirect pecuniary interest on the item on today’s Council meeting? Seeing none, we have, yes, will accept the Mayor’s previously disclosed conflict of interest if she comes before the meeting is over.

We have one item on the agenda. This was from last week’s Council meeting —the, Barry Lyons Consultants asked that we put this off until the issue of removal of the holding symbol for World Class Developments Limited —that it be put to a Special Council meeting today to give them time to, I guess, get their ducks in a row, Councillor Dale?

Um, it is an information item that I have on the agenda this morning and —they are basically saying that they are unable to fulfill the approval requirements in time for today’s meeting. So they’re asking us to once again defer the item until the May 21st Council meeting.

Councillor Dale, do you wish to speak to this?

Councillor Frank Dale (Special Council Meeting regarding removal of the “H” Holding Symbol, World Class Developments, April 30, 2008)

I do and I will –I’ll move it, the deferral.

I just have first a question to Staff. Do you know if they’ve granted an extension with OMERS with respect to the Purchase of Sale?

Ed Sajecki, Commissioner of Planning and Building (Special Council Meeting regarding removal of the “H” Holding Symbol, World Class Developments, April 30, 2008)

I don’t know the details of their arrangements with OMERS—

Councillor Frank Dale (Special Council Meeting regarding removal of the “H” Holding Symbol, World Class Developments, April 30, 2008)

Because I think that’s–

Ed Sajecki, Commissioner of Planning and Building (Special Council Meeting regarding removal of the “H” Holding Symbol, World Class Developments, April 30, 2008)

I think that they have indicated that [inaudible] as a possibility but whether it’s happening, I don’t know the specifics.

Councillor Frank Dale (Special Council Meeting regarding removal of the “H” Holding Symbol, World Class Developments, April 30, 2008)

Because I think it’s important to know because, whether or not there will be another Council meeting, or whether they will  be here on May 21st or not.

And I just –and the only thing I just want to say is I know our Staff, particularly the Planning Department Staff as well as our Legal Department Staff worked extremely hard to try to accomplish what needed to be done in order to remove that “H” symbol and get all the documents in order.

And I think a message should go to them though, cuz they worked a lot of hours –on weekends and the evenings. That if they ‘re gonna come back, you know, basically, I think the reason they were doing it and it makes sense is cuz they wanted to come in under the wire with the development charges.

Well now that they’ve come into effect, I think business as usual. We got a lot of other business in the City Centre –a lot of other business throughout the whole city itself.

And, like, you know, we don’t mind helping people but I think you went over beyond –all of the Staff did to try to get this come before us in time for them to, I guess pay less development charges than would be come May 1st.

So I just think a message should go out to them that we have no problem if they come back because we certainly would welcome the opportunity to have hotel, hopefully a 5-Class Star in the City Centre.

But I think a message should go to them. But I—

Ed Sajecki, Commissioner of Planning and Building (Special Council Meeting regarding removal of the “H” Holding Symbol, World Class Developments, April 30, 2008)

[inaudible] I’ll pass that message on. I do want to also add that [inaudible] and Community Services have also been involved in it. Legal for sure. Burning the midnight oil over the weekend. But several departments in addition too. Thanks.

Councillor Pat Saito (Special Council Meeting regarding removal of the “H” Holding Symbol, World Class Developments, April 30, 2008)

Okay. Thank you. Councillor Dale, are you then moving receipt and I guess Madam Clerk, we need to refer it to —oh, you’re writing a motion for it. Thank you, so that will be referred then. The Motion will be referring it to the 21st?

And that’s basically what’s in the Motion? Okay.

Uh, Councillor Dale has moved that Motion then of receipt and referral to the May 21st Council meeting. Receipt of the correspondence that’s in our Agenda. Any questions?

All in favour? Opposed? That carries. Thank you.

[DIP TO BLACK]
[Music:
“Don’t Crash the Ambulance” by Mark Knopfler]

Elizabeth McIntyre, counsel for the Mayor Hazel McCallion (Mississauga Judicial Inquiry, September 15, 2010)

Now you have indicated that the WCD did not get any preferential treatment from city staff around this project. Is that right?

Ed Sajecki, Commissioner of Planning and Building (Special Council Meeting, April 30, 2008)

That’s right.

Elizabeth McIntyre, counsel for the Mayor Hazel McCallion (Mississauga Judicial Inquiry, September 15, 2010)

And I understand that you asked your staff directly whether or not they felt that there was any — any interference or influence that they felt, correct?

Ed Sajecki, Commissioner of Planning and Building (Special Council Meeting, April 30, 2008)

I did ask that question, yes.

Elizabeth McIntyre, counsel for the Mayor Hazel McCallion (Mississauga Judicial Inquiry, September 15, 2010)

And what response did you get, sir?

Ed Sajecki, Commissioner of Planning and Building (Special Council Meeting, April 30, 2008)

They said they did not feel in any way, you know, influenced.

[VIDEO TRANSCRIPT ENDS. LOGO]

Additional Resources

The McLean-Kerr Legal Opinion, September 24, 2009 (PDF)

HAZEL MCCALLION'S LIE AT THE MISSISSAUGA INQUIRY. City Staff are "very professional and they follow the policies very, very, very diligently. "

Comments are closed.


Bear