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The McCallion Letters

Examining The City of Mississauga’s Council Code of Conduct. (Part 12) Failure to Adhere to Council Policies and Procedures

January 27th, 2012  

 

MISSISSAUGA GOOD GOVERNANCE COMMITTEE   January 23 2012
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 2) “upholding both the letter of the law and the spirit of the laws and policies” Page 6 of the Code.

Examining The City of Mississauga’s Council Code of Conduct. (Part 3) Beware “community events”, “volunteer services”, “arm’s length”… Pages 7 through 10 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.

City of Mississauga’s Elected Officials’ Records policy now online as a companion piece to the City’s Council Code of Conduct.

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.

Examining The City of Mississauga’s Council Code of Conduct. (Part 7) Improper Use of Influence and Business Relations. Pages 19 through 20 of the Code.

Examining The City of Mississauga’s Council Code of Conduct. (Part 8) Conduct at Meetings/When Representing the City and Media Communications. Pages 21 through 22 of the Code.

Examining The City of Mississauga’s Council Code of Conduct. (Part 9) CITIZEN ALERT! Avoid Kafkaesque Rule 12′s Respectful Workplace Policy. Pages 22 through 24 of the Code.

Examining The City of Mississauga’s Council Code of Conduct. (Part 10) Conduct Respecting Staff and the HUGE hidey-hole loophole. Pages 25 through 26 of the Code.

Examining The City of Mississauga’s Council Code of Conduct. (Part 11) Employment of Council Relatives/Family Members.  Page 27 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.

Given the City’s chronic lack of compliance to Corporate policies, procedures, by-laws and guidelines, Rule No. 15’s Failure to Adhere to Council Policies and Procedures isn’t just the Cornerstone of this Council Code of Conduct but forms the bedrock-foundation for all City of Mississauga Corporate policies, procedures, by-laws and guidelines and even provincial legislation.

The Code’s Rule No. 15 is THE BIG ONE, folks! The One Rule that Binds All other City Rules.

And, as it turns out, the Code‘s Rule No. 15 is also the Code’s Biggest Joke!

We begin.

The City of Mississauga Council Code of Conduct

Council Code of Conduct April, 2011 (Page 28 begins)

Rule No. 15

Failure to Adhere to Council Policies and Procedures:

1. Members shall adhere to such by-laws, policies and procedures adopted by Council that
are applicable to them.

Commentary

Members of Council are required to observe the policies and procedures established by City
Council at all times, and are directed to pay special attention to, and comply strictly with, the
Council Procedure By-law and the Elected Officials’ Expenses policy. In exceptional
circumstances, a Member may request Council grant an exemption from any policy.)

[Regular readers will recall how often I’ve warned citizens that every City of Mississauga Corporate policy, by-law or guideline has at least one exemption clause. And the Code’s Rule No. 15 blows the biggest accountability loophole that certainly I’ve ever witnessed.

So. The Mayor and Councillors “shall adhere to such by-laws, policies and procedures adopted by Council that are applicable to them”. To render the entire Code essentially worthless, the City’s Staff/Good Governance Committee then slipped in the protective clause, “in exceptional circumstances, a Member may request Council grant an exemption from any policy”.

And what might qualify as an “exceptional” circumstance? When Mayor and Councillors don’t want to comply.

And what does “any policy” mean?

“(A)ny policy”means any policy including the ones that Rule No. 15 directed Mayor/Councillors to “pay special attention to, and comply strictly with”. And also includes this one —The City of Mississauga Council Code of Conduct!]

 

28

END OF PAGE 28 OF THE CODE.

FREEDOM of INFORMATION MISSISSAUGA (TO DATE MISSISSAUGAWATCH HAS SPENT CLOSE TO $3,000 ON FOI REQUESTS FILED WITH CITY OF MISSISSAUGA AS WELL AS SELECTED ONTARIO MUNICIPALITIES)

And related topic… Check out the humorous Mississauga News editorial “We can be the leaders” on last Monday’s Good Governance Committee meeting.

The Mississauga News writes:

Our civic leaders will forever remain divided in their strong opinions on whether the Mississauga Judicial Inquiry and its $7 million price tag were justified.

To this day, the majority of city residents feel Mayor Hazel McCallion had Mississauga’s best interests at heart when she got involved in a deal to bring a luxury hotel to the City Centre. They trust McCallion implicitly and didn’t bat a proverbial eyelash when it became known publicly that her developer son stood to make millions if the deal was ever done.

That same crowd bitterly resents the $7 million cost of the Judicial Inquiry that examined conflict-of-interest allegations against the mayor.

Crying and complaining won’t do a bit of good, though, because the money has already been spent.

Collectively, we have to move on and make the most out of the situation by quickly implementing the recommendations handed down by Inquiry Commissioner Douglas Cunningham.

You think the Judicial Inquiry handed us lemons? Let’s make lemonade.

Mississauga now has an opportunity to emerge as a true leader and model for municipalities across North America when it comes to civic ethics and morality and how they are employed to guide governance.

We can hold our collective heads up and tell the world that the $7 million was well spent because we blazed a righteous path for other municipal councils to follow…

Riiiiiiiiiiiiight. Because every municipality in Canada needs a Council Code of Conduct that states, “Members shall make every effort to participate diligently..” and then defines “diligently” as not missing three consecutive meetings aka: regular attendance!”

And every municipality in Canada needs a Council Code of Conduct that Mayor and Councillors “shall adhere to such by-laws, policies and procedures adopted by Council that are applicable to them” and then carves the wormhole “in exceptional circumstances, a Member may request Council grant an exemption from any policy”.

What a Pompatous of Pretend!

 

Signed,

MISSISSAUGAWATCH

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

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