Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Thursday, February 09, 2012

Did council’s vote to excuse Mayor Ford’s conduct undermine integrity commissioner’s office?

Does Toronto city council undermine the credibility of its integrity commissioner when it overturns rulings from that office?

It seems a fair question after city council voted Tuesday to ignore a recommendation from integrity commissioner Janet Leiper calling for sanctions against Mayor Rob Ford for improperly soliciting charitable donations from lobbyists.

In August 2010, council voted to accept a ruling that month from Leiper who found that Ford, then an Etobicoke councillor, breached code of conduct provisions by seeking and accepting the money.

Those donations went to Ford’s football foundation, but Leiper found, among other things, that he solicited the money using City of Toronto official letterhead from his office at city hall.

She called this a use of the influence of office for a cause unrelated to a councillor’s public duties.

She recommended council reprimand Ford by ordering him to return $3,150 to lobbyists or clients of lobbyists who donated to his foundation.

Ford has since ignored that order.

Fast forward to this week at council.

“What has to happen, and it’s very clear, is that councillors need to separate out their private interests from their public position. You can’t have community events and accept funds from lobbyists,’’ Leiper told council Tuesday.

But by a 22-12 vote, council decided to excuse Ford by rescinding its August 2010 vote and take no action against the mayor, thus setting aside Leiper’s ruling.

Ford has agreed to change the solicitation letters for his charity so they no longer carry the city of Toronto logo, or identify him as a politician.

Deputy mayor Doug Holyday said council has overruled its integrity commissioner in the past.

“It happened before and didn’t seem to have an effect (on the integrity commissioner’s credibility)’’ Holyday said in an interview Wednesday.

He was referring to 2007 when then integrity commissioner David Mullan publicly voiced frustration after city council ignored his ruling on a matter concerning councillor Maria Augimeri.

At the time Mullan’s report to council noted that Augimeri left a voicemail message with local MP Judy Sgro during the municipal election in 2006 to the effect that then councillor Li Preti, a candidate running at the time, was under “active police investigation.’’

Mullan’s report said Augimeri should “make a full and unconditional apology’’ to Li Preti’’ for violating council’s code of conduct.

She refused to do so. In the end, council received Mullan’s report and took no action.

Holyday said the actions by “David Miller’s gang’’ on council in 2007 regarding the Augimeri matter “opened the door’’ to what happened at council this week.

In an interview Wednesday, Leiper declined comment, saying her report and comments to council speak for themselves.

Councillor Michael Thompson, a Ford ally, said most councillors felt the football foundation matter was “at an impasse and it was time to move on.’’ As for Leiper’s credibility, Thompson said the work she does is of great benefit and credibility.

“There will be times when we differ (from the commissioner), and that’s the prerogative of council,’’ Thompson said.

But councillor Gord Perks, a Ford critic, said council’s decision “undermines all of us (councillors and the members of the public) who believe we should have a clear, accountable and above-board governance in the city of Toronto.’’

He later added: “I don’t think (Leiper’s) reputation has a problem, I think it’s the reputation of this council that’s been hurt.’’

Original Article
Source: Star 
Author: Donovan Vincent 

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