Examining The City of Mississauga’s Council Code of Conduct. (Part 7) Improper Use of Influence and Business Relations.
January 14th, 2012
Back to the Mississauga Council Code of Conduct. This blog is a continuation of the following blog entries:
Examining The City of Mississauga’s Council Code of Conduct. (Part 1) Line by line, word by word. Pages 1 through 5 of the Code.
Examining The City of Mississauga’s Council Code of Conduct. (Part 4) “providing persons…with an understanding and appreciation of the City of Mississauga or the workings of its municipal government” Pages 11 through 13 of the Code.
Examining The City of Mississauga’s Council Code of Conduct. (Part 5) WTF?! “information deemed to be ‘personal information’ under the Municipal Conflict of Interest Act”?! Pages 14 through 15 of the Code.
Examining The City of Mississauga’s Council Code of Conduct. (Part 6) Use of City Staff, Property, Services etc –and Election Campaigns. Pages 16 through 18 of the Code.
Again, for the record, my goal is to go through The City of Mississauga Code of Conduct, line by line, word by word as preparation for future Council deputations.
Once again, I will cut-and-paste the City of Mississauga Code of Conduct directly into this blog entry and offer comment/criticism [bold italics square brackets] when the need arises.
Those interested in accessing the full version of City of Mississauga Council Code of Conduct April 2011 please click here.
Council Code of Conduct April, 2011 (Page 19 begins)
Rule No. 7
Improper Use of Influence:
1. No member shall use the influence of his or her office for any purpose other than for the
exercise of his/her official duties.
Examples of prohibited conduct are the use of one’s status as a Member of Council to
improperly influence the decision of another person to the private advantage of oneself, or
one’s Family Member, or friends. This would include attempts to secure preferential treatment
beyond activities in which Members normally engage on behalf of their constituents as part of
their official duties. Also prohibited is the holding out of the prospect or promise of a future
advantage through a Member’s supposed influence within Council in return for present actions
[A specific example of “prohibited conduct are the use of one’s status as a Member of Council to improperly influence the decision of another person to the private advantage of oneself, or one’s Family Member, or friends” would be Hazel McCallion pulling David (former city manager, OMERS Board of Director and trustee of the McCallion family trust) O’Brien aside at a golf tournament. Then (according to O’Brien’s testimony), McCallion “essentially said, you know, there are issues, and you should know about those issues.” And O’Brien, McCallion’s Mr. Fixit, hopped to it. Back to Page 19 of the Code.]
2. Pursuant to corporate policy, the City Manager and Chief Administrative Officer directs
City Commissioners, who in turn direct City staff. City Council and not individual
Members of Council appropriately give direction to the City administration.
[Anyone out there really believe that if Hazel McCallion directed a City Commissioner to “Jump!”, they’d respond with “Sorry Madam Mayor, but a reminder that Rule 7 of the Code states that only the City Manager can direct me.” Seriously. Anyone out there think that would ever happen? Back to Page 19 of the Code.]
END OF PAGE 19 OF THE CODE. PAGE 20 BEGINS
Rule No. 8
1. No Member shall allow the prospect of his/her future employment by a person or entity to
affect the performance of his/her duties to the City, detrimentally or otherwise.
[I’ve read this a half-dozen times and I still don’t get “or otherwise”?! “or otherwise”? WTF?! … Back to Page 20 of the Code.]
2. No Member shall borrow money from any person who regularly does business with the
City unless such person is an institution or company whose shares are publically traded
and who is regularly in the business of lending money, such as a credit union.
3. No Member shall act as a paid agent before Council or a committee of Council or any
agency, board or committee of the City.
4. No Member shall refer a third party to a person, partnership or corporation in exchange for
payment or other personal benefit.
END OF PAGE 20 OF THE CODE.
Have to say that all I do for the Code‘s Rule No. 8 Business Relations is think about what Justice Cunningham wrote and Ronnie Hawkins said:
“A review of the interaction between the Mayor and various players in relation to the WCD deal suggests that those
who are fortunate enough to enjoy friendships with the Mayor have derived benefits from those relationships.”
Justice J. Douglas Cunningham
Mississauga Judicial Inquiry Report Executive Summary
“Folks, I’d like to tell you that it’s an honour to be here meetin’ all you old timers again. Most of you were going to jail before she took over. Now you’re all rich. Whatta girl!”
Ronnie Hawkins quote about Hazel McCallion,
And some silly Council Code of Conduct is going to change this?…
2. Canada in the Making Common Law and Civil Law
Canada has inherited two systems of law: civil law from the French and common law from the English. This page will describe and give the history of each system as it relates to Canada
Related essays on this site:
The Judicial Committee of the Privy Council
The Sources of Law in Canada
The Written and Unwritten Constitution
Canada’s Constitutional History
British Common Law
3. Video of MISSISSAUGAWATCH’s first (meandering and unsuccessful) attempt to merge the Mississauga’s Council Code of Conduct with the Mississauga Judicial Inquiry’s “Ethical Infrastructure” report.
As I watched it today, I winced at how unfocussed this video is —just all over the map. But it introduces the vital concept of “sanitized” reports. Sanitized reports/documents/communication is the Key to Mississauga’s success. It was the City of Mississauga’s sanitization efforts that prompted me to warn people today with:
Be it a Corporate Policy, Corporate Report, By-Law, Guideline, those drafting it meticulously weigh every single word. No word makes it on to a City document without Staff’s carefullest of scrutiny. Yes, “carefullest”.
The City of Mississauga’s wordsmiths are especially fond of vague words, like “transparent” and “accountable”. Fact is, words can be so vague as to become meaningless, become atrocities —like “transparent” and “accountable”. Like “appropriate”. Like “subject to confidentiality and disclosure rules”. Like “Trust, Quality, Excellence”.
BEWARE of TRAPS in Mississauga Code of Conduct if filing complaint with integrity commissioner (7:34 min)
“To regain her power, expect McCallion to essentially build Team Hazel, for next year’s election. Team Hazel
would consist of four sitting councillors and seven candidates hand-selected by the Hurricane, who back the mayor.”
—Ted Woloshyn, Toronto Sun