Mississauga Musings

This and That's Mississauga --stuff of interest to citizen-watchdogs *woof* *woof*...

First some "watchdog" commentary from Toronto Star's Royson James.

Watchdog initiative mustn't fail
May 03, 2008
Royson James

By some measure, Toronto's government watchdogs have more bark than bite. Viewed another way, some are toothless or rubber-toothed. At best, the four agencies or individuals established to assure citizens that their city and its politicians function at the highest ethical levels have experienced teething problems.

That's to be expected. The city is breaking new ground on a number of fronts – thanks to recommendations and actions stemming from the $20 million computer leasing inquiry.

But the stakes are so high that council must be relentless in its drive toward public accountability and transparency."

"accountability and transparency" PUH-LLLEASSSE!

James continues:

"Now, in power, the mayor wants to hold more private meetings, something Bellamy warned against."

What? Liberals passed the Bill 130, Amendments to the Municipal Act that allows for more closed meetings and *gasp* we now find that "the mayor wants to hold more private meetings"?

Mr. James should see how many times Mississauga Council has shuffled in-camera for the new Bill 130 closed meeting "Educational/Training Sessions" provision. According to the Act, even "How-to-Unfold-and-Refold the Corporate "Success in the City 2007" Glitzy-Glossy Pamphlet" qualifies as a Bill 130 closed meeting "training session."

Then there's this neat part about the hiring and firing of the Toronto city manager, James writes:

"If the mayor hires and fires the city manager, as he wishes, the position becomes a political appointment and the civil service is politicized."

"hires and fires"... hmmmm...

So who hires, pays the salary of, and fires the City of Toronto Integrity Commissioner, Mr. James? Explain please, how the Toronto Integrity Commissioner isn't just a city employee hired by the city to investigate itself.

We already know about hiring your own Bill 130 Watchdog for closed meetings.

Mr. James concludes:

"It's almost inevitable that power corrupts. The head of the establishment, in this case, the mayor, surrounded by lackeys and eager acolytes intent on their own ascension, seldom is able to discern the subtle, imperceptible descent into arrogance and greed."

Hey, Torstar sweetheart! Miller's only been Mayor of Toronto since November 2003 --not even five years yet, Mr. James.

Just imagine what being "surrounded by lackeys and eager acolytes intent on their own ascension, seldom is able to discern the subtle, imperceptible descent into arrogance and greed" does to someone who's been mayor for decades.

or Mayor for Life!

It's gettin' bad --I've now reached a point where I see the words "accountability and transparency" and just want to HURL. Like this profound visceral reaction.

Neither accountability or transparency exist.

(To Ontario Municipalities, The Province, The Feds --Quit LYING to us about "accountability" and frikkin' "transparency" and QUIT TREATING US LIKE YOU'RE TREATING US!)

Speaking of the Bogus-"accountability and transparency"... Toronto, again.

TORONTO CITY CLERK and FREEDOM OF INFORMATION

Seems the City of Toronto wanted to "permanently cut off (Freedom of Information) access" to watchdog-activists because (you ready?)...

"because (City of Toronto) fears that the information may be used to shame it into action."

"shame it into action"?! PUH-LLLEASSSE!

"Shame it into action"--we're talkin' an Ontario municipal corporation here. You can't "shame" them into action --except risk-minimization-a**-covering-damage-control-action.

"Shame it into action" actually backfires --take it from One who's been backfired on (and boy did that one backfire).

Forget "Shame it into action" --the best a citizen-watchdog can hope for is to give fellow citizens' a heads up. As in, "Hey, heads down, don't step in THAT!"

Either way here's the Freedom-of-Information-related news wire from the CNW Group.

Freedom of Information watchdog slams Toronto City Clerk

TORONTO, April 17 /CNW/ - Ontario's Information and Privacy Commissioner has ruled that Toronto's City Clerk was wrong to permanently cut off access to the FOI system for anti-billboard activists.

"I have not been able to file a Freedom of Information inquiry for 16 months," says Rami Tabello, coordinator of IllegalSigns.ca, a grassroots group that fights illegal billboards. "This decision entirely restores my rights to research the legality of signs."

The City Clerk argued on appeal that her decision to permanently suspend access to the FOI system for IllegalSigns.ca should be upheld because IllegalSigns.ca portrays city staff in a negative light and because IllegalSigns.ca used the FOI process to advocate for a new signs by-law. "The Clerk's reasoning is unfair, undemocratic and contrary to the principles of open government," says Mr. Tabello. "This ruling means that a government cannot withhold information because it fears that the information may be used to shame it into action."

The City Clerk's determination that IllegalSigns.ca's FOI requests for 110 billboard permits were "frivolous and vexatious" was belied last week at the Licensing and Standards Committee, which received a Staff Report concerning IllegalSigns.ca's FOI-driven complaints. The report indicates that the City has initiated prosecutions against 101 illegal billboards and has revoked 84 invalid billboard permits.

A section of IllegalSigns.ca called 'Audits of By-Law Enforcement' came under fire from the Clerk's Department, which printed out copies of web postings and submitted them as evidence to the IPC that the web site portrayed enforcement staff in a negative light. "The City processed over 500 of our FOIs for billboard records. It was only after our web site launched that they refused to process any more," says Mr. Tabello.

The attachment to this release contains highlights of the April 10 decision, which is available on IllegalSigns.ca this morning.

Highlights of the Information and Privacy Commissioner's Decision:

"... to find that a request is "for a purpose other than to obtain
access" and thus "frivolous or vexatious" on the basis that the
requester may use the information to oppose actions taken by an
institution would be completely contrary to the spirit of the Act,
which exists in part as an accountability mechanism in relation to
government organizations." Page 17. Para. 2.

"The City submits that it believes that the appellant is filing the
requests for the purpose of obtaining a policy change with respect
to the City's sign by-laws and enforcement procedures for illegal
billboards. " Page 9, Para, 4.

"The City's submissions appear to suggest that it believes the
appellant is submitting a large number of complicated requests
for the purpose of gathering information to portray the City in a
negative light on his web site." Page 14, Para. 4.

"Contrary to the City's suggestions, I find that the appellant's
behaviour supports his position that he seeks access to the
information he requests for reasonable and legitimate grounds;
specifically, to review the legality of billboards posted around the
City. The fact that he subsequently used the information to file
complaints about illegal billboards or to support his view that
signage by-laws and enforcement procedures should be revised,
does not alter the fact that his purpose for filing he requests is to
gain access to the requested information." Page 10, Para. 4

"In my view... the requests made by the appellant were made for
a genuine purpose. The appellant is involved in an organization
that investigates whether certain billboards posted in the City are
illegal. Only by examining City records obtained through access to
information procedures can the appellant determine whether or
not a billboard is illegal and, if so, subsequently file a legitimate
complaint. I cannot agree that the appellant's reasons for seeking
access to the information he requests or the uses to which he puts
that information once he receives it are either illegitimate or
dishonest, however disadvantageous they may appear to the City."
Page 16, Para. 2.

"I do not accept that, based on the type of information sought, it
is a particularly onerous or complicated task for the City to locate
the responsive records." Page 13, Para 6

Can you imagine? Sure Ontario's Information and Privacy Commissioner ruled in the watchdog-activists' favour. Still. That's 16 months that the City of Toronto was successful in keeping the watchdog-coordinator from filing a single FOI.

What? Somehow he's gonna get those 16 months back?

AND NOW FOR SOMETHING COMPLETELY RELATED

I attended the opening of the Peel 35th Annual Juried Show on April 30th. Donald Barber invited me. His portrait, painted by Mississauga artist, Laurie Kallis, had been accepted for display.

In the same room, on the opposite wall was another painting --this one of Mississauga City Hall called, "Allegory of Good Government". I'm a bit of an artist myself kind of, but I have to say the painting of a skateboarder layin' down one impressive maneuver off the steps of Big Yellow --like, totally confused me.

I investigated on Saturday --videotaping the courtyard of Mississauga City Hall.

At the first southwest Corporate "NO RIDING" sign and tucked away from the Panny, Zoomy and Tilty sweep of the two Corporate Pelco video surveillance cameras, I got the strong unmistakeable whiff of something definitely not-tobacco-y...

Now, I knew that there was a Marijuana March/Pot Rally at Queen's Park goin' on Downtown, but still... (Toronto Star: Pot fans rally in Big Smoke)

Guess those four dudes must've confused Mississauga's Big Yellow City Hall with Ontario's Queen's Park!

VIDEO: MISSISSAUGA CITY HALL SKATEBOARDING (painting) 7 minutes

(Click here to go directly to the clip on YouTube or Google Video)

Signed,
The ("Concert Tickets" was just my way to get "Sudbury" to read this far down) Mississauga Muse
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"It's almost inevitable that power corrupts. The head of the establishment, in this case, the mayor, surrounded by lackeys and eager acolytes intent on their own ascension, seldom is able to discern the subtle, imperceptible descent into arrogance and greed." --Royson James, Toronto Star

"Big Brother has his hand firmly planted in our back pocket – government revenues his lifeline; unaccountability his refuge." (Andre Marin, Ontario Ombudsman --June 27, 2007)

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

Want (or worse, need) to learn more? Link to MISSISSAUGAWATCH.CA
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