Suit alleges fraud by former employee
Perth Community Futures Development Corp. seeking $1 million in damages
By LAURA CUDWORTH, Staff Reporter
Stratford Beacon Herald
Perth Community Futures Development Corporation has launched a lawsuit against a former employee alleging about $540,000 was misappropriated.
Perth CFDC is seeking $1 million in damages for fraud, conspiracy, breach of fiduciary duty, breach of contract and fraudulent misrepresentation from its former lending manager, John-David (JD) Graham.
His role as lending manager gave him sole authority for issuing cheques on loans approved by the organization, the statement of claim says. Graham worked at Perth CFDC from 2001 until April of this year.
Perth CFDC employees first became suspicious in early August when they spoke to an individual at a diesel repair shop about the business's loan. Perth CFDC was told that although Ultimate Diesel Repair had applied for a loan it had never received any of the funds.
"They were directed to accounts which appear to be under the control of Mr. Graham," said Andrew Phillips, lawyer for Perth CFDC.
Other allegations include the approval of loans to non-existent people or that loan advances were fraudulently diverted into Graham's personal or business accounts. The statement of claim also accuses Graham of creating fraudulent invoices from legitimate suppliers, authorizing payment and diverting the funds. In addition, the claim alleges Graham diverted loan payments made by companies which had obtained legitimate funding from Perth CFDC.
Graham declined to comment on the allegations Tuesday other than to say, "It's a misunderstanding that's going to be corrected."
None of the allegations made by the plaintiff have been proven in court.
Perth CFDC successfully sought an injunction last week to freeze Graham's assets, his wife's assets and those of Planet Lovers Ltd., (P'lovers), also named as 1394561 Ontario Limited.
The injunction is temporary and will be addressed again in court Thursday. Phillips is confident the injunction will be extended.
He stressed the investigation is in the early stages.
Perth CFDC general manager Nigel Howard declined to speak about the lawsuit yesterday, but a statement was issued through Phillips on behalf of the organization.
"We wish to assure the public that Perth Community Futures Development takes this matter extremely seriously. We have notified the Ontario Provincial Police and a very thorough forensic investigation is underway. At this time it appears the allegations of fraud are limited to one former employee. Perth Community Futures Development is confident the impact on current operations will be minimal."
OPP confirmed a fraud investigation has been started.
The affidavit of Joan Marie Gerber, business adviser for Perth CFDC, states with payments applied to incorrect accounts the total impact could reach between $700,000 and $1 million.
Perth CFDC is a non-profit organization guided by a 12-member board of directors that encourages local entrepreneurship and grassroots economic development.
Perth CFDC has provided support to more than 150 businesses and has had a financial impact of about $10 million on the local economy.
As recently as February the federal government gave Perth CFDC $1.1 million to help rural businesses here.
Monday, September 12, 2011
Friday, August 26, 2011
FROM A GREAT FRIEND
The path of the Light Warrior is lonely;
Filled with loss, rejection and pain.
The Light Warrior illuminates the darkest of corners and;
stands steadfast while others wane.
The Light Warrior carries no sword or shield;
For their Light leads the way.
No darkness can penetrate it's warm glow and;
nothing can withstand its rays.
Courage outshines fear and;
Love triumphs over suffering and trial.
The Light Warrior is armed with Truth and;
Strength will always prevail.
There is little reward for the Light Warrior;
Here in this misery.
Except their light burns ever brighter;
For the enlightened ones to see.
Walk on with courage Warrior of Light;
For our numbers are few.
Shine your light more brightly;
So we may see justice, peace and truth.
Know that you are loved and honoured;
For the sacrifice you make herein,
Nothing on earth is as valuable,
as the Light you hold within.
Thursday, August 18, 2011
COUNCIL HAS HARD ISSUES TO RESOLVE
To the Editor
RE:Lack of change frustrating
I read with interest the views of Bill Smith from Monkton last week in the Banner. I must agree with his view that the taxpayers decided with the last election that change was needed in North Perth.
The previous council was dysfunctional at best, as I have learned personally over the last few yeaars. With the new council we are looking for an honest and transparent municipal council that is capable of making the hard decisions that are fair to all taxpayers of North Perth, not just the selected few.
A Code of Conduct would be a great start, but just that a start. Much more needs to be done to correct some of the issues I have personally witnessed. Council needs to take back control of the municipal office to avoid further embarrassment for mistakes that are made.
I think we have voted in some very good and capable people for council who now have some very hard issues and mistakes from the previous council that need to be resolved. And although they are hard decisions, they should be resolved to be fair to all.
I think Smith spoke for alot of taxpayers in North Perth in his letter and hopefully council is listening. We are willing to give them a chance to make the changes that are needed, but we do need to see that changes are being made.
Sherrie McTaggart
Atwood
RE:Lack of change frustrating
I read with interest the views of Bill Smith from Monkton last week in the Banner. I must agree with his view that the taxpayers decided with the last election that change was needed in North Perth.
The previous council was dysfunctional at best, as I have learned personally over the last few yeaars. With the new council we are looking for an honest and transparent municipal council that is capable of making the hard decisions that are fair to all taxpayers of North Perth, not just the selected few.
A Code of Conduct would be a great start, but just that a start. Much more needs to be done to correct some of the issues I have personally witnessed. Council needs to take back control of the municipal office to avoid further embarrassment for mistakes that are made.
I think we have voted in some very good and capable people for council who now have some very hard issues and mistakes from the previous council that need to be resolved. And although they are hard decisions, they should be resolved to be fair to all.
I think Smith spoke for alot of taxpayers in North Perth in his letter and hopefully council is listening. We are willing to give them a chance to make the changes that are needed, but we do need to see that changes are being made.
Sherrie McTaggart
Atwood
Sunday, August 14, 2011
THE BIG SALE IS HERE !!!!!!!!!!!
For all those people like me who love to knit or crochet the big sale is here again. From August 15 to 27 the annual Spinrite Tent Sale will be giving us incredible savings. New this year on August 20 "Moonlight Yarn Mania" with an outdoor movie on a 25 ft screen. Eat, Pray, Love with Julie Roberts will be showing and the tents will be open until 10 pm. On Saturday meet the designers from 11am to 3pm and from 5pm to 10pm it will be the first annual knitout so bring your knitting or crocheting and lawn chairs and knit while you watch the movie. For anyone who has not attended this event it is a great way to stock up on all kinds of yarn and accessories and great savings.
Wednesday, August 10, 2011
NORTH PERTH DOWNTOWN IDEA
A Community Improvement Plan and Streetscape Design Project for three North Perth communities is moving forward.
CAO Kriss Snell says volunteers groups currently invest a lot of funds and effort to enhance the appearance of the downtown areas in Listowel, Atwood and Monkton but no defined plan or coordination exists.
Snell indicates the process will involve the hiring of a consultant and opportunities for public input.
He stresses the importance of establishing what is the "best bang for the taxpayers dollars" when it comes to things like street signage as well as lighting and tree replacement.
Snell estimates the North Perth Community Improvement Plan and Streetscape Design project will cost between $25,000 and $30,000 dollars.
He is hopeful already secured funding through the Province's Rural Economic Development Program can be reallocated to cover half the cost
CAO Kriss Snell says volunteers groups currently invest a lot of funds and effort to enhance the appearance of the downtown areas in Listowel, Atwood and Monkton but no defined plan or coordination exists.
Snell indicates the process will involve the hiring of a consultant and opportunities for public input.
He stresses the importance of establishing what is the "best bang for the taxpayers dollars" when it comes to things like street signage as well as lighting and tree replacement.
Snell estimates the North Perth Community Improvement Plan and Streetscape Design project will cost between $25,000 and $30,000 dollars.
He is hopeful already secured funding through the Province's Rural Economic Development Program can be reallocated to cover half the cost
Tuesday, August 2, 2011
LETTER TO THE LISTOWEL BANNER
Subject: LETTER TO THE EDITOR
In reference to the correction last week in our local newspaper,it seems once again our Listowel Banner seems to have a problem doing something as simple as reporting the facts.Even more worrisome is the accomplishments or the lack thereof,of our recently elected council.
Over the past 4 years we had a council that was dysfunctional and many of those who were defeated last October were at best self serving or upholding the interest of their friends instead of the general population of North Perth.
In 2010 we fixed that ,by electing essentially a new council with the hope they would clean up the messes of the past.Well so far our hopes were misplaced as evidenced by the fact that many old issuse remain outstanding as indicated in the letter by Mr.Scott
I have spoken to a couple of councillors' things don't seem to be progressing and l can only suspect that is because we still have the same administration.There are many of us if not the majority of our citizen, that have been frustrated by the bloated, lack of customer sevice crew we currently have in our town hall. The councillors that I voted for were going to fix that . Nothing has been done to date.
The councillors I voted for were going to pass a Code of Conduct for council so we would finally have accountability and transparency.Nothing has been done to date.
The councillors I voted for were going to clean up the messes of the past council and the Scott legal issue was one of them, and yet again, nothing has been done to date.I was told by one councillor that staff have said council cannot make any decision regarding this legal isssue.It seems to me that the tail is wagging the dog.It is council that should be telling staff what to do and what can be done instead if vis a versa.
So what has council accomplished?? I keep looking for answers but as each week passes and the letters to the editor in the local paper,the answer is obviously, nothing ! We voted for change, we voted for people who will take charge, and voted for people who will move this coummunity forward.
It is time to live up to your election promises and make a difference
Bill Smith
Monkton
In reference to the correction last week in our local newspaper,it seems once again our Listowel Banner seems to have a problem doing something as simple as reporting the facts.Even more worrisome is the accomplishments or the lack thereof,of our recently elected council.
Over the past 4 years we had a council that was dysfunctional and many of those who were defeated last October were at best self serving or upholding the interest of their friends instead of the general population of North Perth.
In 2010 we fixed that ,by electing essentially a new council with the hope they would clean up the messes of the past.Well so far our hopes were misplaced as evidenced by the fact that many old issuse remain outstanding as indicated in the letter by Mr.Scott
I have spoken to a couple of councillors' things don't seem to be progressing and l can only suspect that is because we still have the same administration.There are many of us if not the majority of our citizen, that have been frustrated by the bloated, lack of customer sevice crew we currently have in our town hall. The councillors that I voted for were going to fix that . Nothing has been done to date.
The councillors I voted for were going to pass a Code of Conduct for council so we would finally have accountability and transparency.Nothing has been done to date.
The councillors I voted for were going to clean up the messes of the past council and the Scott legal issue was one of them, and yet again, nothing has been done to date.I was told by one councillor that staff have said council cannot make any decision regarding this legal isssue.It seems to me that the tail is wagging the dog.It is council that should be telling staff what to do and what can be done instead if vis a versa.
So what has council accomplished?? I keep looking for answers but as each week passes and the letters to the editor in the local paper,the answer is obviously, nothing ! We voted for change, we voted for people who will take charge, and voted for people who will move this coummunity forward.
It is time to live up to your election promises and make a difference
Bill Smith
Monkton
Monday, August 1, 2011
DEVELOPING WINGS OF PATIENCE,PERSEVERANCE
Developing wings of patience, perseverance
By IRENE ROTH
We all wish that our daily struggles would go away. But when the going gets tough, many of us wish we could develop wings and just fly away from all of our trials and tribulations until things settle down and we can once again return to some semblance of peace and tranquility.
However, as most of us know, it doesn't usually quite work that way. Most of us go through periods of extreme hardship in our lives. And then, if we're lucky, we go through periods which are less trial-filled and we could just sit back and relax a bit more. However, what if we're like some people (hopefully a very few) who have constant trials to endure. What then? How can we build wings of patience and perseverance to help ourselves get through these times? Well, here are a few tips that can help us along.
1. Be patient. Sometimes our problems will go away if we take them one day at a time and try and focus on as much positive energy as possible. Psychologists say that what we focus on ends up growing. So, if we focus on only the negative aspects of our life, they will grow. If, on the other hand, we choose to stay positive even when trying times occur, we will probably feel better and be much better able to handle the difficulties that we are facing.
2. Practise perseverance as much as possible. It is always easy to give up and to say: It's over....I'm out of here! However, it is much harder to try and persevere amidst hardship. It is never easy to persevere, and the bigger our problem, the harder it can be to practise perseverance. However, perseverance is important so that we don't feel totally destroyed by a situation. If we are impatient, we will only be badgering ourselves and we'll feel increasingly out of control.
3. Try to make the best out of even the most difficult situations. It is never easy to hope for the best, much less to bring it about. But many times, a positive attitude can help substantially when we're in the middle of very difficult and trying times. You may even want to try taking a deep breath and saying a prayer. Sometimes standing back in this way can really help us to come to terms with a bad situation.
4. Try not to think that the worst case scenario will happen. Instead, prepare for some really good things to happen, even if we're not sure that they will. They just might. you never know. But if we think that the worst case will happen, guess what folks...the negative things will occur. It'll be hard in the beginning because it is easier for us to be negative than positive. But once we taste the positive effects of a positive overall attitude, our life will change for the better.
So, hard times will come folks. We have little control over most of those times. But we do have control over is our attitude and how we will handle the hard situations as they come into our lives. So, let's stay positive and hopeful. It will work wonders for all of us!
Irene Roth has a master's degree in philosophy from York University, Toronto, specializing in psychology, character development and ethics. She is currently working on her doctorate in philosophical psychology. She has over 200 published Ezine articles on all aspects of character development and self-esteem issues for teens and adults. She lives in Stratford with her husband.
By IRENE ROTH
We all wish that our daily struggles would go away. But when the going gets tough, many of us wish we could develop wings and just fly away from all of our trials and tribulations until things settle down and we can once again return to some semblance of peace and tranquility.
However, as most of us know, it doesn't usually quite work that way. Most of us go through periods of extreme hardship in our lives. And then, if we're lucky, we go through periods which are less trial-filled and we could just sit back and relax a bit more. However, what if we're like some people (hopefully a very few) who have constant trials to endure. What then? How can we build wings of patience and perseverance to help ourselves get through these times? Well, here are a few tips that can help us along.
1. Be patient. Sometimes our problems will go away if we take them one day at a time and try and focus on as much positive energy as possible. Psychologists say that what we focus on ends up growing. So, if we focus on only the negative aspects of our life, they will grow. If, on the other hand, we choose to stay positive even when trying times occur, we will probably feel better and be much better able to handle the difficulties that we are facing.
2. Practise perseverance as much as possible. It is always easy to give up and to say: It's over....I'm out of here! However, it is much harder to try and persevere amidst hardship. It is never easy to persevere, and the bigger our problem, the harder it can be to practise perseverance. However, perseverance is important so that we don't feel totally destroyed by a situation. If we are impatient, we will only be badgering ourselves and we'll feel increasingly out of control.
3. Try to make the best out of even the most difficult situations. It is never easy to hope for the best, much less to bring it about. But many times, a positive attitude can help substantially when we're in the middle of very difficult and trying times. You may even want to try taking a deep breath and saying a prayer. Sometimes standing back in this way can really help us to come to terms with a bad situation.
4. Try not to think that the worst case scenario will happen. Instead, prepare for some really good things to happen, even if we're not sure that they will. They just might. you never know. But if we think that the worst case will happen, guess what folks...the negative things will occur. It'll be hard in the beginning because it is easier for us to be negative than positive. But once we taste the positive effects of a positive overall attitude, our life will change for the better.
So, hard times will come folks. We have little control over most of those times. But we do have control over is our attitude and how we will handle the hard situations as they come into our lives. So, let's stay positive and hopeful. It will work wonders for all of us!
Irene Roth has a master's degree in philosophy from York University, Toronto, specializing in psychology, character development and ethics. She is currently working on her doctorate in philosophical psychology. She has over 200 published Ezine articles on all aspects of character development and self-esteem issues for teens and adults. She lives in Stratford with her husband.
Saturday, July 23, 2011
THE GREEN THING
The Green Thing
In the line at the store, the cashier told an older woman that she should bring her own grocery bags because plastic bags weren't good for the environment.
The woman apologized to him and explained, "We didn't have the green thing back in my day."
The clerk responded, "That's our problem today. Your generation did not care enough to save our environment."
He was right -- our generation didn't have the green thing in its day.
Back then, we returned milk bottles, soda bottles and beer bottles to the store. The store sent them back to the plant to be washed and sterilized and refilled, so it could use the same bottles over and over. So they really were recycled.
But we didn't have the green thing back in our day.
We walked up stairs, because we didn't have an escalator in every store and office building. We walked to the grocery store and didn't climb into a 300-horsepower machine every time we had to go two blocks.
But she was right. We didn't have the green thing in our day.
Back then, we washed the baby's diapers because we didn't have the throw-away kind. We dried clothes on a line, not in an energy gobbling machine burning up 220 volts -- wind and solar power really did dry the clothes. Kids got hand-me-down clothes from their brothers or sisters, not always brand-new clothing. But that old lady is right; we didn't have the green thing back in our day.
Back then, we had one TV, or radio, in the house -- not a TV in every room. And the TV had a small screen the size of a handkerchief (remember them?), not a screen the size of the state of Montana.
In the kitchen, we blended and stirred by hand because we didn't have electric machines to do everything for us.
When we packaged a fragile item to send in the mail, we used a wadded up old newspaper to cushion it, not Styrofoam or plastic bubble wrap.
Back then, we didn't fire up an engine and burn gasoline just to cut the lawn. We used a push mower that ran on human power. We exercised by working so we didn't need to go to a health club to run on treadmills that operate on electricity.
But she's right; we didn't have the green thing back then.
We drank from a fountain when we were thirsty instead of using a cup or a plastic bottle every time we had a drink of water.
We refilled writing pens with ink instead of buying a new pen, and we replaced the razor blades in a razor instead of throwing away the whole razor just because the blade got dull.
But we didn't have the green thing back then.
Back then, people took the streetcar or a bus and kids rode their bikes to school or walked instead of turning their moms into a 24-hour taxi service.
We had one electrical outlet in a room, not an entire bank of sockets to power a dozen appliances. And we didn't need a computerized gadget to receive a signal beamed from satellites 2,000 miles out in space in order to find the nearest pizza joint.
But isn't it sad the current generation laments how wasteful we old folks were just because we didn't have the green thing back then?
Please forward this on to another selfish old person who needs a lesson in conservation from a smartass young person.
The Green Thing writer unknown
In the line at the store, the cashier told an older woman that she should bring her own grocery bags because plastic bags weren't good for the environment.
The woman apologized to him and explained, "We didn't have the green thing back in my day."
The clerk responded, "That's our problem today. Your generation did not care enough to save our environment."
He was right -- our generation didn't have the green thing in its day.
Back then, we returned milk bottles, soda bottles and beer bottles to the store. The store sent them back to the plant to be washed and sterilized and refilled, so it could use the same bottles over and over. So they really were recycled.
But we didn't have the green thing back in our day.
We walked up stairs, because we didn't have an escalator in every store and office building. We walked to the grocery store and didn't climb into a 300-horsepower machine every time we had to go two blocks.
But she was right. We didn't have the green thing in our day.
Back then, we washed the baby's diapers because we didn't have the throw-away kind. We dried clothes on a line, not in an energy gobbling machine burning up 220 volts -- wind and solar power really did dry the clothes. Kids got hand-me-down clothes from their brothers or sisters, not always brand-new clothing. But that old lady is right; we didn't have the green thing back in our day.
Back then, we had one TV, or radio, in the house -- not a TV in every room. And the TV had a small screen the size of a handkerchief (remember them?), not a screen the size of the state of Montana.
In the kitchen, we blended and stirred by hand because we didn't have electric machines to do everything for us.
When we packaged a fragile item to send in the mail, we used a wadded up old newspaper to cushion it, not Styrofoam or plastic bubble wrap.
Back then, we didn't fire up an engine and burn gasoline just to cut the lawn. We used a push mower that ran on human power. We exercised by working so we didn't need to go to a health club to run on treadmills that operate on electricity.
But she's right; we didn't have the green thing back then.
We drank from a fountain when we were thirsty instead of using a cup or a plastic bottle every time we had a drink of water.
We refilled writing pens with ink instead of buying a new pen, and we replaced the razor blades in a razor instead of throwing away the whole razor just because the blade got dull.
But we didn't have the green thing back then.
Back then, people took the streetcar or a bus and kids rode their bikes to school or walked instead of turning their moms into a 24-hour taxi service.
We had one electrical outlet in a room, not an entire bank of sockets to power a dozen appliances. And we didn't need a computerized gadget to receive a signal beamed from satellites 2,000 miles out in space in order to find the nearest pizza joint.
But isn't it sad the current generation laments how wasteful we old folks were just because we didn't have the green thing back then?
Please forward this on to another selfish old person who needs a lesson in conservation from a smartass young person.
The Green Thing writer unknown
Thursday, July 14, 2011
YOU'RE ALL ALONE AGAINST THE BUREAUCRACY
You’re all alone against the bureaucracy
Jul 14th, 2011 | By Staff | Section: Politics
This ran in the Toronto Sun ………. comments invited below
By Alan Shanoff ,Toronto Sun
There is a good reason for the Ontario Municipal Conflict of Interest Act. We want municipal politicians to act for the public good and not to make decisions or attempt to persuade others to make decisions based on self interest.
So you’d think this legislation would be user friendly and have stiff enforcement procedures.
As Michael Baillargeon, a 64-year-old marketing consultant, can attest, that couldn’t be farther from the reality.
The truth is no authority is prepared to take responsibility for the enforcement of the legislation and, as currently interpreted, the Municipal Conflict of Interest Act (MCIA) forces ordinary residents to act as investigator and prosecutor.
When Baillargeon believed Toronto Catholic District School Board trustee Oliver Carroll violated the act, he couldn’t persuade anybody to take action. Not the Ministry of Education, not the Ministry of Municipal Affairs, or the Catholic school board.
He said, “no authority was willing to assist or act; all I got were eloquently transparent excuses.”
He had to either let the matter drop or retain a lawyer at his own expense to investigate and prosecute. He hired a lawyer and took action. This was no minor expense, as it included drafting a court application, affidavits, attendances at cross-examinations and in court.
I don’t see how this could be done without expert legal assistance or for under $50,000. And if he lost, Baillargeon could have been on the hook for legal expenses incurred by Carroll.
As Baillargeon correctly states, “the legislation is not designed to deter contraventions, but is designed to deter enforcement.”
It’s no wonder conflict of interest applications are about as common as Toronto streets without potholes during winter.
Once Baillargeon started the application, no one at the Ministry of Education would take his calls and he says he was treated as an adversary.
At the same time, Carroll proclaimed the application was “frivolous and vexatious” and he’d be “absolved of any wrongdoing.”
Well, last month Superior Court Justice Jane Kelly released a decision declaring Carroll violated the conflict of interest rules multiple times when he “participated in discussions, moved and voted on motions in circumstances where there was clearly a conflict of interest.”
The 10 conflicts were “serious and indefensible.” Carroll’s daughter is a young teacher and his son had recently applied to be on the list of approved supply teachers, yet he participated in discussions and votes that could have benefited his children.
The details are mind boggling. He even introduced a motion requiring Toronto’s Catholic school board to pay the legal costs of trustees charged under the conflict of interest act.
The act is also overly generous to municipal politicians. It requires that legal action be taken within six weeks after the facts come to one’s attention. That’s a ridiculously short period.
The other problem is there is a defence if the politician can show he acted with “inadvertence” or was merely guilty of a good faith “error of judgment.”
Those are two huge loopholes which make it very risky for anybody to take action under the conflict of interest act.
Carroll, however, was unable to successfully use these defences because he knew or ought to have known he was conflicted. He, along with all other trustees had received two legal opinions which “addressed the issues of conflict of interest.” He attended at a meeting where a lawyer explained the legal opinions.
Worse, he was warned he should not partake in any matter where his or his children’s financial interests could be affected.
How anyone could have ignored the obvious conflicts shows the extent to which the culture of entitlement has infected certain trustees of the Catholic board.
POSSIBLE APPEAL
Carroll is reported as having announced an intention to appeal. If so, there will be more legal expenses and risks for Baillargeon. It will be up to Baillargeon to respond to the appeal. Shockingly, we not only leave it up to private citizens to enforce this legislation but we also expect them to continue paying for a lawyer and funding the costs of any appeal.
If we are serious in our desire that municipal politicians abide by conflict laws then we must give enforcement powers to an official body.
We can’t count on the Michael Baillargeons to be there for us.
http://www.torontosun.com/comment/columnists/alan_shanoff/2009/03/01/8576261-sun.html?utm_source=sharing&utm_medium=addThis&utm_content=You%27re+all+alone+against+the+bureaucracy
Jul 14th, 2011 | By Staff | Section: Politics
This ran in the Toronto Sun ………. comments invited below
By Alan Shanoff ,Toronto Sun
There is a good reason for the Ontario Municipal Conflict of Interest Act. We want municipal politicians to act for the public good and not to make decisions or attempt to persuade others to make decisions based on self interest.
So you’d think this legislation would be user friendly and have stiff enforcement procedures.
As Michael Baillargeon, a 64-year-old marketing consultant, can attest, that couldn’t be farther from the reality.
The truth is no authority is prepared to take responsibility for the enforcement of the legislation and, as currently interpreted, the Municipal Conflict of Interest Act (MCIA) forces ordinary residents to act as investigator and prosecutor.
When Baillargeon believed Toronto Catholic District School Board trustee Oliver Carroll violated the act, he couldn’t persuade anybody to take action. Not the Ministry of Education, not the Ministry of Municipal Affairs, or the Catholic school board.
He said, “no authority was willing to assist or act; all I got were eloquently transparent excuses.”
He had to either let the matter drop or retain a lawyer at his own expense to investigate and prosecute. He hired a lawyer and took action. This was no minor expense, as it included drafting a court application, affidavits, attendances at cross-examinations and in court.
I don’t see how this could be done without expert legal assistance or for under $50,000. And if he lost, Baillargeon could have been on the hook for legal expenses incurred by Carroll.
As Baillargeon correctly states, “the legislation is not designed to deter contraventions, but is designed to deter enforcement.”
It’s no wonder conflict of interest applications are about as common as Toronto streets without potholes during winter.
Once Baillargeon started the application, no one at the Ministry of Education would take his calls and he says he was treated as an adversary.
At the same time, Carroll proclaimed the application was “frivolous and vexatious” and he’d be “absolved of any wrongdoing.”
Well, last month Superior Court Justice Jane Kelly released a decision declaring Carroll violated the conflict of interest rules multiple times when he “participated in discussions, moved and voted on motions in circumstances where there was clearly a conflict of interest.”
The 10 conflicts were “serious and indefensible.” Carroll’s daughter is a young teacher and his son had recently applied to be on the list of approved supply teachers, yet he participated in discussions and votes that could have benefited his children.
The details are mind boggling. He even introduced a motion requiring Toronto’s Catholic school board to pay the legal costs of trustees charged under the conflict of interest act.
The act is also overly generous to municipal politicians. It requires that legal action be taken within six weeks after the facts come to one’s attention. That’s a ridiculously short period.
The other problem is there is a defence if the politician can show he acted with “inadvertence” or was merely guilty of a good faith “error of judgment.”
Those are two huge loopholes which make it very risky for anybody to take action under the conflict of interest act.
Carroll, however, was unable to successfully use these defences because he knew or ought to have known he was conflicted. He, along with all other trustees had received two legal opinions which “addressed the issues of conflict of interest.” He attended at a meeting where a lawyer explained the legal opinions.
Worse, he was warned he should not partake in any matter where his or his children’s financial interests could be affected.
How anyone could have ignored the obvious conflicts shows the extent to which the culture of entitlement has infected certain trustees of the Catholic board.
POSSIBLE APPEAL
Carroll is reported as having announced an intention to appeal. If so, there will be more legal expenses and risks for Baillargeon. It will be up to Baillargeon to respond to the appeal. Shockingly, we not only leave it up to private citizens to enforce this legislation but we also expect them to continue paying for a lawyer and funding the costs of any appeal.
If we are serious in our desire that municipal politicians abide by conflict laws then we must give enforcement powers to an official body.
We can’t count on the Michael Baillargeons to be there for us.
http://www.torontosun.com/comment/columnists/alan_shanoff/2009/03/01/8576261-sun.html?utm_source=sharing&utm_medium=addThis&utm_content=You%27re+all+alone+against+the+bureaucracy
Sunday, July 10, 2011
THOUGHT FOR THE DAY..........
EVERBODY WANTS TO CHANGE THE WORLD........BUT NOBODY WANTS TO CHANGE
TOLSTOY
TOLSTOY
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