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THE CANADIAN STATESMAN, JUNE 20,2001 PAGE 9 Regional retreat broke municipal rules, charges Oshawa mayor BY SUSAN O'NEILL Staff Writer DURHAM - A recent Regional retreat retreat was in contravention of the Municipal Municipal Act, alleges Oshawa Mayor Nancy Diamond. In a June 12 letter to Durham Chairman Chairman Roger Anderson, the mayor expressed expressed concerns with the fact minutes taken at the retreat, held May 16 to 18 at the Pincstone Resort in Haliburton, were being forwarded to Regional council for approval this week. The mayor, unable to attend Wednesday's Wednesday's council meeting due to her involvement involvement in a smart growth conference in Toronto, also submitted a legal opinion opinion from municipal lawyer George Rust- D'Eye that indicated the retreat was "held in breach" of the Municipal Act and therefore "exceeded the jurisdiction" of Regional council. In an interview Thursday, Mayor Diamond Diamond said the Municipal Act sets clear guidelines regarding what constitutes a meeting of elected officials and, she argued, argued, those guidelines weren't followed. "If it's a (formal) meeting (of council), council), then there arc minutes and there arc requirements under the Municipal Act that it has to be open to the public," Mayor Diamond explained. "I'm really fixed on this, you're doing the business of the public," she said, adding if councillors arc making decisions decisions then that has to be done in a public forum. She said, while the Act allows for councillors to hold retreats for the purpose purpose of staff briefings on issues, "you cannot make decisions, you cannot vote. "If it was a meeting it contravened the Municipal Act. If it was not a meeting you don't produce minutes because you don't vote. This is not how councils are supposed to do business." Mr. Anderson maintained, however, Regional council didn't break any rules by holding the retreat to discuss municipal municipal governance options and voting Wednesday on recommendations from that meeting. "If council is in a group together it is considered a meeting," he said Friday, noting the retreat was a public meeting because the media knew about the event and were welcome to attend. "We kept track of the discussion that took place and what we did Wednesday was confirm those discussions." He added, "Our clerk was quite adamant on the rules. I don't think it was a big deal. 'The fact was we needed some strong discussion on governance without the formality of a formal meeting... meeting... councillors sometimes temper what they want to say... at the retreat every member of council had the opportunity opportunity to speak their mind." Mr. Anderson Anderson reported the recommendations approved approved by council Wednesday lay out a plan of action for the Region, noting the procedure followed at this year's retreat was no different than what was done last year following a retreat at the Fcm Resort. Resort. Me also said Mr. Rust-D'Eye is "not our clerk and not our lawyer. I have no intention of listening to George Rust- D'Eye." He maintained he has no concern at all that the meeting was held in contravention contravention of the Municipal Act, noting, "If I did we wouldn't do it and I'm sure my clerk and our lawyers wouldn't allow us to do it." The mayor also questions why council council went ahead Wednesday and approved the recommendations from the retreat when they had been given a legal opinion opinion that stated those recommendations arc a "nullity." She added, "I think collectively collectively the council is losing its vision of respect. I'm appalled at the lack of respect respect for the law. 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