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1st <T = "wm WV de | ad TT wd PORT PERRY STAR -- Wed. August 7, 1985 -- 17 As a result of many requests for clarification of the June 18, 1985, Port Perry Star front page headline, I am publishing the following in the public interest. JUNE 17, 1985, PORT PERRY, ONTARIO I am here gentlemen as the result of a letter which | wrote to Mr. Earl Cuddie, Township Clerk ... his reply to me ... and my subse- quent reply to him following his return from vacation. | also point out that | am in no way questioning the integrity of Mayor Taylor. For clarity, | will read the correspondence ... make several obser- vations ... and read a short brief ... summing up my thoughts ... concerning at least to me ... the parameters of a vexing and con- tentious situation in the affairs of Scugog Township ... and perhaps The Region of Durham. READ LETTERS: May 21, 1985 Dear Mr. Cuddie: Since last summer, | have discussed with many residents the conflict of interest declara- tion by Mayor Jerome Taylor. His conflict appears to centre on his Scugog Island land speculation where a change in land use description from agriculture to residential 1s required. To me in particular, the Mayor's precedent is a dangerous one and impinges upon the efficacy of municipal government. It has also deprived the electors of his counsel, in that he has absented himself from many meetings concerning by-law changes. | would like to examine the minutes where Council debated this matter. If it has not been debated, then a full hearing should be scheduled at the next Council meeting. Many of us believe that the Mayor should withdraw his financial or any other interest in land use by-law change speculation or resign his office. For your information, | am addressing the final meeting of the Port Perry Lions on May 27th. Part of my notes on public policy may refer to this controversial subject. Respectfully, ad May 24, 1985 ! Dear Mr. Aldred: This is to acknowledge and reply to your letter dated May 21, 1985 and advise that the correspondence was presented at a regular meeting of the Council held Tuesday, May 21, 1985. The Council, by resolution, directed that | advise you that the minutes of all Council meetings are public and available for viewing during normal business hours. In addi- tion, copies of which are also available and further, that the matter of conflict of in- terest of any particular member of Council is not a debatable item by the Council. | would be only too pleased to discuss this matter further with you however, | will be away on holidays until June 3, 1985 and will be unavailable for discussion until that time. Yours Truly, (Signed) Kim Coates for Earl S. Cuddie, AM.C.T.,, CMC. Clerk-Administrator June 3, 1985 Dear Mr. Cuddie: This will confirm our conversation on the telephone at 11:00 a.m. concerning my re- cent letter and your reply. You have indicated that | will be on the Council agenda Monday, June 17, 1985, at 13:30 hours to discuss in some detail the conflict of in- terest acknowledged by Mayor Jerome Taylor. you may wish to circularize Mayor Taylor and Council with this letter as to my intent. Yours sincerely, | should point out that Mr. Cuddie phoned me at my home around 9:30 p.m. on Wednesday, May 22 to inform me that my letter of May 21 had been read to Council ... and that there would be a writ- ten reply ... which | did receive on Friday, May 24th. However, dur- ing that phone call ... in a discussion of "Conflict of Interest' non- debatibility by Council ... we did discuss that it would certainly be a debatable issue in a Court of Law. At this time | am in no way suggesting a course such as that ... however from a layman's point of view | make the following observations: (a) The Municipal Conflict of Interest Act was not designed to be a protective umbrella for those elected to public office. It 1s my belief that its original intent was to protect elected officials from inadver- tent conflicts of interest or conflicts of an unplanned nature. (b) By freely entering into a land speculation deal involving zoning changes within the Township, the Mayor has been forced to absent himself from many meetings where his counsel should have been heard. This action could mean that the Mayor will miss many more meetings of Council where like proposals will be heard. (c) The outside view is that the Mayor has placed members of Coun- cil who have to vote on this zoning change in a very difficult posi- tion. It is an action which can lead to divisive local government. a (d) The Mayor's action has prevented him from acting in a manner sufficient to fully carry out the duties of the position to which he was elected. (e) | do not know where other members of Council stand on deliberate conflict of interest, but | do feel that there should have been some debate on the fact that the Executive Head or Chief Magistrate of Scugog Council would only be fulfilling partially his duties to the electors ... due to disablement. (f) There is also a feeling around, that the selection by the Mayor's corporation of Mr. Fowler the local lawyer, who handles a large portion of all of the Township legal business, indicates a type of partiality. QUESTIONS? (A) Does the fact of after election deliberate conflict of interest ac- tion violate the "Declaration of Elected Office'? (B) How many meetings has the Mayor been absent from, due to his conflict of interest? (C) Is the remuneration of the Mayor altered due to absence from meetings? (D) Does his declaration of conflict of interest effect in any way the duties the Mayor has in relation to Regional Council? (E) Is the Mayor considering any other conflict of interest situations which may cause further municipal disablement? (F) What is the basis for asserting that a Council member's conflict of interest is not debatable (or discussable) by Council? CONCLUSION Township Government is the most personal of government, because unlike Regional, Provincial or Federal Government, electors know at least casually, the people of Council. Most electors | have talked to understand that there can be inadvertent conflict of interest. However they also feel, as | do, that deliberately planned conflict of interest should not be tolerated. With all due respect to Mayor Taylor, it is my belief that he was ill-advised to enter into this venture as a public servant. As a businessman ... Yes ... As Mayor ... No. | wish to reiterate that in no way is it my intention to question the integrity of the Mayor. However, as an elector | still believe that the Mayor should divest himself of his controversial sub-division interests now ... or resign his office. | have a copy of these remarks for Mr. Cuddie ... and | expect to receive a point by point written reply. Thank you. Joel W. Aldred Council finally reacted to the above with the following letter dated July 23, 1985. July 23, 1985 Dear Mr. Aldred: At the last regular meeting of the Council of the Township of Scugog held Monday, July 15, 1985, your correspondence of June 17, 1985 was considered further. Coun: cil, by resolution, received and filed the correspondence Should you require any further information, please do not hesitate to contact me Yours truly, Earl S Cudde, AMCT. CMC, Clerk-Administrator August 2, 1985 Dear Mr. Cuddie I am in receipt of your letter dated July 23, 1985 If thiss Council's reply to my sub mission re the status of Mayor Taylor, | find it totally unsatisfactory Yours sincerely, Joel W Aldred If any elector would like to respond to the above, you may write to me at Box 122, Port Perry, Ontario LOB 1NO. JOEL W. ALDRED, prc. PUBLISHED BY ALDRED'S CORNER, A GENERAL STORE ON SCUGOG ISLAND