Citizens: We have to be the Edward R. Murrows and the Andre Marins. (Mississauga Musings)

[UPDATE: 071214 09:05 Anonymous just surfed in and dropped down another article --an editorial-- once again from the Windsor Star.

Anonymous left the comment, "Windsor Star wades into the debate..."

Open meetings; The Ombudsman's case

The Windsor Star
Fri 14 Dec 2007
Page: A8
Section: Editorial/Opinion
Source: Windsor Star

While some might see an element of empire building in Ontario Ombudsman Andre Marin's critique of a new law designed to curb closed-door municipal meetings, his efforts to bring transparency to the often opaque world of local politics are welcome and necessary.

For the rest of the editorial (scroll down to the comments section at the very bottom of this Blog entry. And THANK YOU to the Windsor Star for moving forward leading today for tomorrow.

What follows is my latest Blog entry --posted last night]

HO BOY MISSISSAUGA SAGA

There's so much stuff happenng documenting-wise that I haven't had time to Blog. I've got no less than a dozen one-hour videotapes that need to be captured to computer. Everything from Fort Erie, to Caledon to Brampton to Mississauga to Peel Council meetings. Ouch.

Plus today I had to do some "rounds" to celebrate the anniversary of Mississauga Council Moved-Seconded-pro-forma'ing two major corporate policies exactly one year ago today.

So. I get home and what do I see? Anonymous left me another newspaper article --from the Niagara Falls Review again. This one freaked me right out because Anonymous said it had me in it.

Don't get me wrong, I knew there was going to be an article. It freaked me out because I was supposed to call Niagara Falls Review reporter, Ray Spiteri for an interview. Like, when? Anyway...

I'm so happy this article came out because something reporter-related happened yesterday. One of the first videos I ever made was about a reporter. I YouTubed it on March 24, 2007. I called the video:

EDWARD R. MURROW --MY HERO

(Click here to go directly to YouTube)

Yesterday someone left this comment (typos corrected):

"Why is it that these brave truly Americans don't become household names, and known by everyone. I just found out about Mr. Murrow and that is because another great patriot said on his show "Where are the Edward R. Murrows of today to fight the fear we are gripped with today!"

"...the fear we are gripped with today." The YouTube comment echoed what Don Barber said in front of Mississauga Council during his deputation yesterday: That there are citizens who fear their city halls.

Fear --I'm reminded of a Pogo quote:

"We have met the enemy, and he is us"

I've come to believe that in a world with no Edward R. Murrows, then "he is us". Us-citizens have to be the Edward R. Murrows. Zero choice.

And we have to be Andre Marins --because municipalities are not Mr. Marin's jurisdiction. (Thank you evil-empire-tolerating-Province!)

ANYWAY HERE'S THE ARTICLE --CITIZEN REPORTERS

CITIZEN REPORTERS
They're growing in number ... and shining light on local governments

Posted By RAY SPITERI
Updated 6 hours ago

[My comments in square brackets]

She sat in the last row of seats, her video camera resting on a tripod as town council called its Dec. 10 meeting to order.

Nearby, her husband was primed with a digital camera, snapping photographs of the proceedings.

[This camera can also shoot video. He shot both at Fort Erie.]

Ursula and Peter Bennett drove from Mississauga, more than 125 kilometres away, to catch this meeting.

[Actually we had to rent a car to get there. Yeah, that's how committed we are to documenting the municipal response to Bill 130.]

"I'm a ... municipal observer," Bennett told a Review reporter, when asked what she planned to do with her camera. "It's really important to have an alternate voice, as far as citizens are concerned.

"Seeing is believing and so is hearing, otherwise you are limited to what (municipal councils) decide to report in their minutes."

The Bennetts had caught wind of a motion brought forward by Mayor Doug Martin that called for town staff to investigate if or how other municipalities deal with citizens using video or sound recording devices in council chambers.

They're part of a growing number of citizens taking matters into their own hands and using the Internet to hold politicians accountable.

Bennett's interest in municipal affairs caught fire a year ago when the province introduced (and has since passed) Bill 130.

The bill includes amendments to the Municipal Act and introduces a specific law that calls on all 445 municipalities across Ontario to appoint a body to investigate when citizen complaints are received about municipal meetings held improperly behind closed doors by Jan. 1.

A believer in open meetings and public transparency, she was so intrigued by the new legislation she attended the standing committee deliberations at Queen's Park.

Bennett convinced a Mississauga newspaper to allow her space on its website as a blogger. She created the Mississauga Musings, where she posts her own video footage and news about municipal issues, largely from Peel region which includes the communities of Mississauga, Brampton and Caledon.

She doesn't consider herself a reporter - rather, a citizen-videographer, a citizen-blogger and a public watchdog.

"Municipal government is flying under the radar," said Bennett.

[careless wording on my part. Make that "floundering under the radar." ("Flying" implies efficiency.)]

"I'd be happy to continue with my life instead of, as my husband says, bobbing for turds at the municipal level. But the lack of coverage in my area is just insufficient."

Bennett said traditional media in larger municipalities focus more on provincial and federal matters, rather than issues of importance at the local - and, she says, most important level of government.

That's a void she tries to fill.

In Fort Erie, there are at least two people who, like Bennett, have taken their interest in municipal affairs to the online world.

John Gilmour has posted clips of town council on YouTube from the twice-monthly council-in-committee meetings that are not televised.

In November, Gilmour captured footage of Coun. Ann-Marie Noyes accusing Coun. Sandy Annunziata of plagiarizing a code of conduct he submitted for information purposes as part of a staff report to re-establish operations of the Bridgeburg Station and Ridgeway business improvement areas.

The debate was posted to YouTube and, thanks to Gilmour, available to a worldwide audience.

PHOTO: Sharon Bowers, also a local resident, created her own online newsroom in 2002: The Crystal Beach Strand, which covers municipal issues and allows the public to comment on local matters via a discussion board.

The site really took shape after downtown businessmen Costa Koutroulakis and Mike Hebbourn, long-serving members of the Bridgeburg Station BIA, were controversially dismissed after a closed-door meeting of council in June.

Bowers wasn't happy with how the situation was dealt with by council, and began updating her blog daily - following not just the BIA ordeal, but other municipal issues too.

"It's very important in this day and age that the public engage themselves in government, especially municipal government, which is the level that hits closest to home," said Bowers, who is originally from Buffalo and who says she has been a political activist for more than 40 years.

"The Internet opens up all the doors - it lets everyone see what truly goes on inside those chambers. And if they're happy with what they get, then great. But if they're not, they can step up to the plate and voice their feelings."

Individuals, however, shouldn't use the loose title of citizen watchdog as a means to attack members politicians, Bennett said.

"Citizens have a moral obligation to report as objectively and use whatever recording they have in its entirety, instead of editing it to fit an agenda," she said. "Often, you'll find that municipalities' minutes tend to fit their own agenda and they tend to write their own histories.

[Note, that doesn't mean you can't do fun videos. Like edit for fun as in this example.]

MISSISSAUGA SAGA

(Click here to go directly to YouTube)

"And what I do, I'd like to think, is say 'No, no, here is history and it's done in video.'"

[Like THIS history of Mississauga Council's total debate of the Bill 130 investigator issue. Yes, the Champions of Democracy --16 seconds!]

(Click here to go directly to YouTube --if you can stand it)

Jim Curran, a Niagara Falls realtor and Liberal party activist, started his own political online blog - "The What Do I Know Grit" - at the tail end of 2005. He said since the forum was created, close to 41,000 readers have taken a peek.

"I think online blogging serves as a support group for the mainstream media," said Curran, adding blogging shaped part of the public opinion about the federal Liberal leadership race a year ago. He said at the leadership convention in Montreal, there was a room dedicated solely to bloggers, complete with media passes, where they could file up-to-the minute updates to their online sites.

"It's just a sign of the times. It's now a staple and something that comes along with getting involved in public life."

David Siegel, dean of Brock University's faculty of social sciences and a professor of political science, said with voter turnout at the election polls seemingly dwindling every election, the increase in online political blogs and community groups could be seen a good sign.

"Politics has certainly made its mark on the web," said Siegel. "Whether it's YouTube, Facebook, or virtually any search engine, you're bound to find citizen blogs or community groups about hot button political matters at every level of government."

Siegel said while citizen journalism isn't a new phenomenon, with the advances in technology today the public is given a "wide open forum that is viewable the world over."

He warned, however, that web surfers should be cognizant of what they find online.

He said the source of the news differs when it comes to traditional media, where a news company is obligated to check facts before they go to air or print.

"To sue someone for what they put on the web, you first have to find out who they are and secondly, there might not be any value in going after that person."

At town council's meeting this week, Martin clarified his motion regarding recording of council meetings by the public.

"I never asked for a ban of any sort of digital or tape recordings," he said. "My point was, since we are in a new electronic age should we have a policy that would reflect the use of these devices in the chambers?

"It never was a ban ... and we'll never consider a ban."

Martin said he asked staff for a potential policy about recording public meetings, as it relates to those not involved with "accredited media," who have a designated area in the council chamber.

"I'm talking a policy to ensure that every individual who comes into municipal chambers has the right to see, hear and view the proceedings unobstructed by anyone. It's not like I'm saying this person can record, but that person can't.

"I just want to ensure we have some sort of semblance during the meeting and we don't end up with untaped wires on the ground, which can cause a safety concern that we, as the town, are liable for or anything like that."

As Fort Erie council came to a close Monday night, Bennett gave her own assessment.

Disgruntled that Mississauga city council, "in just 16 seconds," hired Local Authority Services to investigate public complaints (rather than the free service offered by the Ontario Ombudsman's office), she gave Fort Erie politicians a pat on the back for choosing the ombudsman.

"It's official," Bennett said to a table of reporters, moments after council's decision.

"This place is not an evil empire."

rspiteri@nfreview.com

[And believe me, I'm an EXPERT on municipal evil empires.]

I want to leave with a comment left by Ajax-based citizen-blogger, Karem Allen.

"Good news on Fort Erie.

At least that makes you feel good.

Are you opening another blog for the AMO watchdog?

Let me know when it is ready and I will link and make intro post.

How did the camera thing go? I did not see that yet. "

Karem, the "camera thing" went really well in Fort Erie. But you should see what they're doin' in Caledon. As for the AMO watchdog thing, I hope to actually visit AMO. I mean 200 University Avenue, Suite 801 Toronto ONT isn't that far away.

(I wonder how many Pelco PZT's are about...)

Signed,
The (Allow the Ontario Ombudsman into Municipalities!) Mississauga Muse
--------------------------------------------------------------------------------------------
TOWERpelcoTEXT
"In contrast to the local law enforcement agencies, Corporate Security provides a distinct difference in approach to providing a safe and secure environment within the community." --City of Mississauga Corporate Security 2003 Strategic Draft Plan

"We must employ every possible tactic to dissuade those who try to silence us with fear" ---The Mississauga News Editorial (2007-03-24)

FOR READERS' COMMENTS --SCROLL TO VERY BOTTOM OF THIS ENTRY.

"MISSISSAUGA --HOWZIT'S GOING" CARTOON ARCHIVE

Links to all previous cartoons in the Mississauga Howzit's Going series.

FELLOW-CITIZEN BLOGGERS

Voices of Ajax (Citizen-Blogger, Karem Allen)
TORONTOIAM (compilation of GTA Blogs)
Woodstock Ontario Independent News (Jim Bender)

FURTHER READING

Links to all "Antonio Batista Pothole Poet Trial" Blog entries have been moved to our alternate MISSISSAUGA WATCH Blogspace. Please click here.

MEDIA Bloggers:
Click here for John Stewart's Blog, RANDOM ACCESS
and Craig MxBride's X MARKS THE SPOT

Posted Toronto (National Post)
-----------------------------------------------------------------------------------------------

Comments (2)

Anonymous:

Windsor Star wades into the debate...

While some might see an element of empire building in Ontario Ombudsman Andre Marin's critique of a new law designed to curb closed-door municipal meetings, his efforts to bring transparency to the often opaque world of local politics are welcome and necessary.

Ontario's Municipal Act stipulates all meetings "shall" be open to the public except in limited circumstances. Municipalities "may" opt to close some meetings if certain legal requirements are met, but they are not necessarily compelled to do so. Closed meetings are to be the exception, not the rule, but municipalities often look for reasons to close doors instead of reasons to keep them open.

Changes set to kick in Jan. 1 will make it easier for taxpayers to challenge municipalities and demand an investigation if they feel councillors improperly held a closed-door meeting. But Marin is arguing taxpayers won't enjoy the full benefit of those changes because of the way municipalities are implementing the new rules.

Municipalities have the option of letting Marin's office handle the complaints at no direct expense to the complainant or municipality, but many are charging complaint filing fees and plan on using Local Authorities Services, an agency with close ties the Association of Municipalities of Ontario, to conduct the probes. Marin has complained that the fees will deter complaints and has suggested LAS might be biased in favour of municipalities.

"To force complainants to pay a fee to complain as a means of controlling vexatious or frivolous complaints is an ineffective and dubious means that will weaken accountability," said Marin recently. "At the end of the day, it smacks of a penalty to dissuade the public from complaining, not a fee for service."

While that might be true, a mechanism needs to be in place to protect the municipality -- and taxpayers -- from paying for unnecessary investigations. Even though the Ombudsman will conduct probes without charging individuals, some municipalities are opting to charge a filing fee, which could discourage challenges.

Some municipalities plan on refunding those fees if the complaint is upheld but that benchmark should be lowered. Money should be refunded to the complainant if the investigator determines that a reasonable person had reasonable and probable grounds to suspect an in-camera meeting was held in contravention of the law. There needn't be fire for a refund, in other words. Smoke should suffice.

Marin's insistence that his investigative services will "be offered free of charge to both complainants and municipalities," though, must be qualified as his office is funded with public money. Someone has to pay for the time of the people who are conducting the investigations. Someone has to pay for the gas and the phone calls. The fact those costs are spread across the province and not pinned on specific municipalities or specific individuals does not mean those costs do not exist.

There is no doubt Marin's office can conduct rigorous and impartial investigations and could probably achieve savings through economies of scale if it alone were responsible for conducting the probes. But Marin's office could be overwhelmed if a significant number of complaints are filed, particularly in the early days of what will hopefully be a more open era of municipal politics. The legislation gives municipalities the option of choosing an investigator and they should feel free to exercise it.

Still, Marin's office is the one we would like to see investigating complaints about closed door meetings because he understands, as does Canada's Supreme Court, that "the democratic legitimacy of municipal decisions does not spring solely from periodic elections, but also from a decision-making process that is transparent, accessible to the public and mandated by law."

Posted by Anonymous | December 14, 2007 7:41 AM

Posted on December 14, 2007 07:41

anonymous:

AMO-style "investigations" get a hit...

Cities hire lobby group as ombud; Former municipal administrators likely to look into public complaints

The Record (Kitchener, Cambridge and Waterloo)
Sat 15 Dec 2007
Page: A1
Section: Front
Byline: TAMSIN MCMAHON
Dateline: WATERLOO REGION
Source: RECORD STAFF

Ontario's government watchdog lambasted Waterloo for its "uninformed, self-serving" appointment of a municipal lobby group to investigate closed meetings instead of using the free services of his office.

This week Waterloo council voted to pay Local Authority Services Ltd. (LAS) $1,250 a day plus expenses, along with a $600 two-year retainer to investigate public complaints into improper closed meetings.

Under provincial legislation, municipalities must appoint an investigator by Jan. 1. They can hire their own or use the ombud's office, which is free.

"The idea that to investigate a closed meeting is beyond the grasp of mere mortals, where you need someone from the municipal boys' club, is fantasy," said Ontario ombud Andr Marin.

LAS is a subsidiary of the Association of Municipalities of Ontario, a group that lobbies higher levels of government on behalf of cities.

LAS in turn has hired Amberley Gavel Ltd., a private company started in September that mainly uses retired municipal administrators to conduct the investigations.

Kitchener and Cambridge have also decided to use LAS.

Waterloo opted to hire the lobby group because councillors said it could take months, or even years, for the ombud to investigate a complaint.

City clerk Susan Greatrix told council the ombud's office had already received "several thousand requests" before the legislation has even come into force.

"I think when you look at the time frame, we kind of don't want people to be waiting a year to address the problem," said Mayor Brenda Halloran. "It's important for us to be open and transparent and if requests are coming in, we want to act on them in a timely manner."

But in an interview, Marin said his office has received just a few inquiries and wouldn't investigate any complaints about meetings held before Jan. 1.

Marin expects his staff of 86 investigators, most of whom are lawyers, could resolve the bulk of complaints in a few days.

The cost of providing the service would be absorbed into his office's $10-million budget.

Marin criticized municipalities like Waterloo for not checking their facts on how his office would handle complaints.

"It's an uninformed, self-serving statement," he said. "No one from Waterloo has made any inquiries of our office."

Marin characterized the Association of Municipalities of Ontario's investigation service as a money-making opportunity that would allow municipalities to police themselves.

"The AMO is not some arm's-length third party," Marin said. "This is them giving themselves business to generate $1,200 a day. So it's a business venture."

But association president Doug Reycraft said the investigation service wasn't started to turn a profit, but because municipalities wanted to reduce micromanagement by the province.

"We do not expect to make any money out of this service," he said. "We are doing it because some municipalities asked us to put this service in place."

It is charging rates in line with similar services offered across the province, Reycraft said, and won't appoint someone to investigate a municipality they have worked for.

"Taxpayers can depend on their municipalities to exercise their responsibility and their authority as laid out in the Municipal Act in a professional manner with integrity," Reycraft said.

"I take exception to anyone who suggests otherwise."

But the ombud's remarks prompted at least one Waterloo councillor to demand that the city review its decision to appoint LAS.

"There was no countervailing information provided to say the AMO service is going to be any quicker to respond to complaints," said Coun. Mark Whaley, who along with Coun. Jan d'Ailly opposed hiring LAS.

"I think the ombudsman's office has the right to be a little miffed at the assumptions that came forward at council that were unsubstantiated."

Whaley expects the city would be paying thousands in unnecessary fees to LAS because it would be inundated with complaints from a politically engaged community still on edge after the RIM Park scandal.

He said Waterloo should review its decision and plans to reopen the issue early next year.

"In the new year I'm going to get it back in front of council," he said. "You can count on that."

So far, about a third of municipalities who have voted on a closed-meeting investigator have gone with the ombud, most others have chosen LAS, while a few have hired their own investigators. Locally, only North Dumfries Township picked the ombud's office, against a recommendation from staff to hire LAS.

Posted by anonymous | December 15, 2007 8:07 AM

Posted on December 15, 2007 08:07

Mississauga Musings

Ursula Bennett

Citizens: We have to be the Edward R. Murrows and the Andre Marins.

FOR READERS' COMMENTS --SCROLL TO VERY BOTTOM OF THIS ENTRY.

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