Understanding the Municipal Conflict of Interest Act


Another of the Acts that direct municipal governance is the Municipal Conflict of Interest Act. While considerably shorter than the previously-discussed Municipal Act – eight pages, 15 sections and less than 3,500 words – it is of perhaps equal importance. While it may seem vague to outsiders, it was written to clearly identify the nature of a conflict in black and white.

The Act allows no grey areas: there are no “perceived” conflicts in law, only clearly defined legal ones. This is obviously intended by the stringent wording that lays out what construes a conflict of interest.

This clarity absolves everyone of trying to second guess the intention of the Act, or trying to interpret degrees of conflict.

As lawyer Stephen D”Agostino writes,

The Municipal Conflict of Interest Act (“Act”) places a significant burden and risk upon local representatives. The standard of care in the Act is greater than that placed on elected representatives at the federal and provincial levels. Since its original proclamation in 1972, the Act has been tested in the Courts on numerous occasions. Often, the context for the dispute involves circumstances outside of the Act; the remedies of the Act providing a convenient arsenal for strategic advantage… The Act follows a simple model. Generally, if there is a “matter” before Council that touches on the councillor’s “direct or indirect pecuniary interest”, then there is a duty on the councillor to refrain from participating in the decision-making process related to the matter. Unfortunately, when dealing with conflict matters, this simple framework has been complicated by statutory exceptions, inclusions, and judicial interpretations.

There are two kinds of interest in the Act: direct and indirect. While direct conflict is not clearly defined, indirect is:

Indirect pecuniary interest
2. For the purposes of this Act, a member has an indirect pecuniary interest in any matter in which the council or local board, as the case may be, is concerned, if,
(a) the member or his or her nominee,
(i) is a shareholder in, or a director or senior officer of, a corporation that does not offer its securities to the public,
(ii) has a controlling interest in or is a director or senior officer of, a corporation that offers its securities to the public, or
(iii) is a member of a body, that has a pecuniary interest in the matter; or
(b) the member is a partner of a person or is in the employment of a person or body that has a pecuniary interest in the matter. R.S.O. 1990, c. M.50, s. 2.

Further, the Act defines ‘controlling interest’:

“controlling interest” means the interest that a person has in a corporation when the person beneficially owns, directly or indirectly, or exercises control or direction over, equity shares of the corporation carrying more than 10 per cent of the voting rights attached to all equity shares of the corporation for the time being outstanding;

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Waterloo, 200 years later


The BattleThis June we will be a short two years from the 200th anniversary of the Battle of Waterloo*. It is expected to be a large event, especially since the 100th anniversary was not celebrated because it fell in the middle of WWI. That gives us enough time to reconsider the battle and to read the histories and reports about it. Wouldn’t it be grand to stand on the field that day, 200 years later?

I have been reading about Napoleon’s campaigns and the events of his reign for many decades, since the early 1970s when I first read David Chandler’s Campaigns of Napoleon (a book still on my shelves). Dozens of books have been written on the battle, and continue to be written.

I played through many, many wargames of his battles and campaigns, but always for wargamers, Waterloo was a popular and often-played battle. I still have copies of the SPI “Napoleon’s Last Battles” quad game, but, sadly, no one with whom to play it.

As Wellington called it, it was a “near run thing.” The chances for either side to win were close, and if you play the entire three-day campaign in a wargame, starting with the battles at Quatre Bras and Ligny, you have many strategic opportunities to see how history might have changed, had another path been taken, or a different result developed in these earlier clashes.

Looking back, the battle has become the stuff of legend, with not a small amount of mythology mixed into the tale. It was a relatively literate era, and afterwards many accounts of the battle were written, first-hand and the analysts who followed later. Historians have argued over many points in the day, what effect they had, what mistakes were made, what happened and what might have happened.

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Rasputin: Two Perspectives


Grigory RasputinPerhaps no character stands out in pre-Revolution Russia as much as that of Grigory Rasputin. He was influential, enigmatic, charismatic, secretive, held no office, yet had enormous influence on the events and people of the era. How could a barely literate peasant affect the destiny of an empire?

In many ways, Rasputin was the icon of the changing times, in others he represents the end of the old era, the last gasp of the autocratic, superstitious Russia. Mythologies grew up about and around him during his life, and even more so in death. No matter how you view him, he remains a subject of popular interest and his death continues to generate conspiracy theories, almost a century later.

The period from 1881* to 1921 is one of (for me) the most fascinating periods in Russian history.** While the rest of Europe was hell-bent on progress, development and industrialization (as well as colonialism), Russia was a bulwark of almost medieval attitudes and economics against the tide of progress. The fall of the Romanovs and the rise of the Soviets is intriguing.

The same period that saw some of the most brilliant Russian writers and composers also saw brutal anti-semitism, pogroms, and a recalcitrant autocracy digging in to preserve its perceived rights to absolute power.

From a global perspective, given the situation, the Russian Revolution was inevitable, although the resulting Soviet state was not. What it began as, and what it became, are two very different things. But that’s material for another post.

Nicholas Romanov, the last Tsar is one of those great, tragic characters of history; weak and unsuited for the mantle of power in turbulent times that changed the face of the nation and the West. His wife, Alexandra, while stronger, shares much of the blame for his fall from power, in part for her religious interference in secular political issues. And that’s where Rasputin comes into the story.

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The Missing Lines


Mesopotamian tabletThe National Museum of Iraq – known originally as the Baghdad Archaeological Museum - once housed some of the oldest works of literature in the world. Treasures from the origins of civilization, from the cities of Sumeria, Babylon, Assyria were on display*.

In 2003, when the Americans invaded**, a battle was fought between US and Iraqi forces at the museum. The Iraqi troops fled, and looters came in. According to Wikipedia:

According to museum officials the looters concentrated on the heart of the exhibition: “the Warka Vase, a Sumerian alabaster piece more than 5,000 years old; a bronze Uruk statue from the Akkadian period, also 5,000 years old, which weighs 660 pounds; and the headless statue of Entemena. The Harp of Ur was torn apart by looters who removed its gold inlay.”[4] Among the stolen artifacts is the Bassetki Statue made out of bronze, a life-size statue of a young man, originally found in the village Basitke in the northern part of Iraq, an Acadian piece that goes back to 2300 B.C. and the stone statue of King Schalmanezer, from the eighth century B.C.
In addition, the museum’s aboveground storage rooms were looted; the exterior steel doors showed no signs of forced entry. Approximately 3,100 excavation site pieces (jars, vessels, pottery shards, etc.) were stolen, of which over 3,000 have been recovered. The thefts did not appear to be discriminating; for example, an entire shelf of fakes was stolen, while an adjacent shelf of much greater value was undisturbed.
The third occurrence of theft was in the underground storage rooms, where evidence pointed to an inside job. The thieves attempted to steal the most easily transportable objects, which had been intentionally stored in the most remote location possible. Of the four rooms, the only portion disturbed was a single corner in the furthest room, where cabinets contained 100 small boxes containing cylinder seals, beads, and jewelry. Evidence indicated that the thieves possessed keys to the cabinets but dropped them in the dark. Instead, they stole 10,000 small objects that were lying in plastic boxes on the floor. Of them, nearly 2,500 have been recovered.
One of the most valuable artifacts looted was a headless stone statue of the Sumerian king Entemena of Lagash. The Entemena statue, “estimated to be 4,400 years old, is the first significant artifact returned from the United States and by far the most important piece found outside Iraq. American officials declined to discuss how they recovered the statue.” The statue of the king, located in the center of the museum’s second-floor Sumerian Hall, weighs hundreds of pounds, making it the heaviest piece stolen from the museum – the looters “probably rolled or slid it down marble stairs to remove it, smashing the steps and damaging other artifacts.” It was recovered in the United States with the help of Hicham Aboutaam, an art dealer in New York.

The looting was severe enough to spawn several books and magazine articles (also here and here). The museum is still rebuilding and not open to the public, a decade later.

One of the side effects of the war was to end international archeological research into the region. And while we wait to see if the country ever settles so it becomes safe enough to resume such activities, looters continue to steal everything they can, including from archeological sites.

The Museum reported that many of its cuneiform tablets were looted, although some were later recovered. Those tablets contain some of the oldest writing in the world, among them the epic of Gilgamesh (the tablet shown in the image above, is the 11th tablet in the epic, from the library of Ashurbanipal (Assyrian King 669-631 BCE), now in the British Museum).

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The open government report


Accountability reportOn Monday’s agenda, council received a 21-page report from the clerk on the nature and mechanics of open government in Collingwood. This comprehensive report, titled the “Accountability and Transparency Policy,” because it also introduced a revised, formal policy, listed all of the bylaws, policies and legislation by which council and staff operate.

This is such an important and useful report that I felt it worthwhile to extract it from the April 13 agenda and make it available separately here. If you have not read it, or have any questions about how a council works and the rules that guide us, it’s worth reading. It opens by defining two terms:

Accountability: The principle that the municipality is obligated to demonstrate and take responsibility for its actions, decisions and policies and that it is answerable to the public at large.
Transparency: The principle that the municipality will conduct its business in an accessible, clear and visible manner and that its activities are open to examination by its stakeholders.

The report than goes on to further define how the municipality achieves these goals and why they are important:

Accountability, transparency and openness are standards of good government that enhance public trust. They are achieved through the Town of Collingwood adopting measures ensuring, to the best of its ability, that all activities and services are undertaken utilizing a process that is open and accessible to its stakeholders. In addition, wherever possible, the Town of Collingwood will engage its stakeholders throughout its decision making process which will be open, visible and transparent to the public.

The report then provides a comprehensive list of how we currently comply with the requirements, as well as what we do to enhance and better them:

The Town of Collingwood currently complies with a host of legislation, policies and procedures that maintain an open and transparent decision-making process. For the purposes of the Policy, the Town’s various policies, procedures and practices have been divided into the following categories:
1. Legislated Requirements
2. Financial Accountability, Oversight and Reporting
3. Performance Measurement and Reporting
4. Open Government
5. Internal Accountability and Ethical Standards

I won’t repeat all of the material that follows, but will include the section about “open government” which is really about local governance and the policies and procedures we already have in place to achieve this openness:

Open Government
The following are policies, procedures and practices that ensure the Town is transparent  in its operations and that residents are not only aware of how decisions are made and carried out, but that they are able to participate as well:

  • Council Procedure By-law
  • Public Posting and Distribution of Council Agenda Meeting Documentation
  • Public Notice By-law
  • Procurement By-law
  • Land Sale/Disposal By-law
  • Closed Meeting Investigator Policy and Retainer
  • Facility Naming Policies
  • Committee/Board Recruitment Policies
  • Land Acquisition Guidelines
  • Accessible Barrier Complaint Policy
  • Records Retention By-law
  • Social Media Policy

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On being a left wing pinko socialist


Amazon.My left-wing, pro-union friends would be amused to hear me called a “leftie.” They generally think of me as right as Steven Harper. The only difference to them, I suppose, is my unwillingness to sell Canada to the highest corporate bidder (Chinese or American…). My right-wing friends think I’m somewhere between Karl Marx and the late Jack Layton.

I’ve always thought of myself as a “political agnostic.” Probably due to years in the media where cynicism about politicians and politicians is rife. I pursue humanist goals,* not party goals. I simply have no faith in party politics.

I don’t see this as a refusal to take sides, merely a refusal to be drawn into the herd mentality of party politics. I take sides over issues, not over ideologies (which are akin to debating how many angels can dance on the head of a pin). Sometimes I side with the government; other times with the opposition. It depends on how I understand the issue, and on my conscience, not what colour of party card I own.

Party politics are to social reality what creationism or astrology are to science. Parties do not give us, nor have they ever given us, a foolproof guide for economic, social or cultural pathfinding. All party platforms are fundamentally flawed because they always devolve down to being soapboxes for the party leader’s personal agendas. And as Lord Acton wrote,

“Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men.”

I like municipal politics because they are, at least in small centres like Collingwood, free of the partisan squabbles we see at provincial and federal levels (barring, of course, a recent term). Party politics and municipal governance are a toxic, self-destructive mix that distracts councils from the real, local issues into shadowboxing over irrelevant ones.

Like most Canadians, I hover somewhere in the middle of the political spectrum. Centrist, but not personally bound to any party. I can’t think of any party that has a platform I completely endorse, or one that has a platform I entirely reject. There are good and bad in all.**

Not only that, but policies and platforms shift over time. The Conservative policies under Diefenbaker were very different party than those under Harper, for example. The NDP of Broadbent and the NDP under Mulcair are different animals.

Question authority

Blind allegiance to party ends up being blind allegiance to the leader and his or her personal agendas. Political wisdom means you have to question authority, and challenge bad ideas. In party politics, that’s not allowed.

When I vote it is on how the candidates respond to questions, debate issues and appear to think on their feet – not how well they spout the party line. I try to judge political figures as individuals, not by their platform. I expect them to be credible, honest, logical, intelligent, and not ideological. I won’t vote for anyone who doesn’t have an open, questing and nimble mind (although sometimes the choice of local candidate isn’t always among intellectual giants…).

I am more concerned about what is promised for the greater good; what policies and legislation will benefit local residents, Ontarians or Canadians most, rather than which will best reinforce the party line.

To me party politics is a lot like religion: too much blind faith, not enough skepticism or secularism. Blind adherence to a platform is what has led Americans into their current quagmire. Far, far too many ideologues on both sides. It makes it impossible to accomplish anything in the US without an overwhelming majority.***

All that being said, Canada is a moderately socialist country in that we translate European humanist values into policy and law: we have general (but far from universal) health care, a modest welfare and social assistance system (despite Steven’s attempts to relegate the poor to workhouses…), a common educational system, a legal support system, a national broadcaster (despite Steven’s efforts to muzzle it), collective bargaining (also under siege) and we still have a modicum of control over our banks and (less so) corporations. These institutions and policies make up the core values of being a Canadian. Any attack on them is an attack on our identity, so I will always side with those who defend them.

~~~~~

* More properly, secular humanism, which Wikipedia notes, “…posits that human beings are capable of being ethical and moral without religion or a god. It does not, however, assume that humans are either inherently evil or innately good, nor does it present humans as being superior to nature. Rather, the humanist life stance emphasizes the unique responsibility facing humanity and the ethical consequences of human decisions.” I would also call it Buddhist politics: “The Buddhist approach to political power is the moralization and the responsible use of public power.The Buddha discussed the importance and the prerequisites of a good government. He showed how the country could become corrupt, degenerate and unhappy when the head of the government becomes corrupt and unjust. He spoke against corruption and how a government should act based on humanitarian principles.” However, my approach to Buddhism is very secular and not religious; more along the lines of Batchelor and Flanagan.

** Well, perhaps the Tea Party can be excused from that statement, because I can’t think of a single good, logical, humanist thing in their platform.
A shining example of the good-and-bad paired in a party policy is the Ontario Liberals’ policy on green energy. The thrust is good (alternative energy is basically a good cause), but the implementation – including the lack of municipal input into the process – has been bad and very contentious. I really like Tim Hudak’s Ontario PC promise to reform the “alphabet soup” of redundant, interfering and excessive government agencies, but his promise to scrap existing green energy deals is economically foolish and counterproductive. Good and bad in both parties’ platforms.

*** From a Canadian point of view, the two US parties are both right wing; one (the Democrats) is just less right than the other. To label the Democrats “left-wing” let alone “socialist” shows a misunderstanding of the terminology. It is better to use alternative terms that relate to policies or proposed legislation such as pro-people (Democrat) versus pro-corporation (Republican), pro-middle-class (Dem) vs pro-rich (Rep), pro-gun-control (Dem) vs pro-weapons-manufacturers (Rep) and so on, when describing the differences.
The parties are also split along religious lines (the Republicans put much greater stock in promoting into law a particular subset of fundamentalist Christian values). I personally don’t like the Republican platform or most of its representatives because I am adamant about the separation of church and state.
Republican policies, too, are clearly aimed at benefitting the rich and the corporations rather than the American people and that offends my humanist views.
Many of the GOP members are, frankly, as smart as a bag of nails. So are some of the Democrats, but not nearly as many. I respect intelligence, not blind faith. So yes, I tend to side with the Democrats more than the Republicans because they make more sense and show they care more about the people they represent.

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Propaganda, PR and Spin


What is propaganda? The word gets thrown around easily by people who obviously mean “anything we dislike or don’t agree with.” It’s a pejorative often used by a small group to describe anything official that any level of government puts out, no matter how benign or factual. Libertarians, for example, often grouse that government information about, say the efficacy of flu shots or the safety of fluoridated water, is “propaganda.”*

Ironically, many of these individuals and groups then turn around and create their own pieces, blogs and websites to counter these government’s declarations, and aggressively spread them through the internet and social media while decrying the government’s documents as “propaganda.” Pot calling the kettle black, eh?

Wikipedia describes propaganda like this:

Propaganda is a form of communication that is aimed towards influencing the attitude of a community toward some cause or position by presenting only one side of an argument. Propaganda is usually repeated and dispersed over a wide variety of media in order to create the chosen result in audience attitudes.

Chapters Indigo imageI usually find Wikipedia a reasonably valid source of information, albeit one that has to be weighed in the balance most times, and I think its description here is a tad weak. It needs enhancement.

In their excellent book, PR: A Persuasive Industry? (Palgrave Macmillan, New York, USA, 2008), authors Trevor Morris and Simon Goldsworthy dedicate the whole of chapter seven to wrestling with a definition that differentiates between public relations and propaganda, and to explain the mechanics of each. While recognizing some of the similarities between the two (and their common origins), they write,

“…there is no real moral distinction: both practices are essentially amoral, capable of serving any cause. However, there are some practical differences. The ubiquity of propaganda as a term arises from the fact that it does not just describe a debating technique or a particular mode of persuasion such as media relations. Instead… it is all-encompassing. Thus propaganda is perhaps best seen as an orchestra of persuasion. Propagandists exploit all possibilities for influencing human thought and action.”

Two key phrases appear in their description: ubiquity and all-encompassing. Morris and Goldsworthy underscore the “sheer scope and scale of the levers available to the propagandist…” in their chapter. They conclude by laying out three distinct ways in public relations is different from propaganda:

  1. It has far fewer levers of influence to pull on;

  2. It exists in conditions where competing persuasive messages are communicated;

  3. The public relations practitioner, unlike the propagandist, doe not have effective powers of censorship or any lasting control over the media.

To believe any small town bureaucracy and government has such power and control, is somewhat delusional. Censorship? Would the local papers or radio stations stand for that? You’d have to believe that town hall gives them their orders on what to print or broadcast.

But there are always conspiracy theorists in every community who see dark shapes in the shadows, where the rest of us just see the chiaroscuro (honest, we’re not building secret mushroom farms in the terminals…).

The word propaganda means “to disseminate” or “to propagate.” In 1622, the Catholic Church created the “Congregatio de Propaganda Fide” (Congregation for Propagating the Faith), which actively and aggressively spread Catholicism in non-Catholic countries.**

In short order, this was shorted to simply being known by the Italian word for dissemination, “Propaganda.” Catholics associated the word with spreading the truth (their truth, of course). Protestants, however, didn’t share their view and associated it with spreading lies. By the 1790s, the word had migrated from religious use to secular activities.

Political propaganda (PP) as a national, government activity played a major role in the Protestant Reformation, and then in the 18th century Revolutionary War between the US and Britain. It played a major role in the Revolution in France and Napoleon subsequently used PP to justify his actions and rule. PP was used in the American “Indian wars” and Civil War of the 19th century.

Chapters Indigo imagePropaganda really came into its own in the early 20th century. Governments on both sides of WWI ran agencies or departments dedicated to propaganda. One of the American practitioners, Edward Bernays, was schooled in its art, and took his skills into the private sector after the war, when he applied psychology to public relations to become the “father of modern PR.” From the early 1920s, PR became a discipline that used psychology and sociology and mass media. Propaganda followed apace.

The Soviets and Nazis were masters at propaganda (and reputation laundering). They both used every tool and technique at their disposal to develop widespread and ubiquitous propaganda. Mao Tse Tung’s Communists would learn from them and take propaganda even further during the Cultural Revolution. Today several nations live under a constant barrage of state propaganda that reaches through all media, culture, faith, government, recreation and business – Iran, North Korea, Myanmar, Tibet among them (Tibet being the subject of Chinese propaganda, of course, not the originator).

Generally no nation is free of some form of government propaganda. However, as Morris and Goldsworthy note, it’s amoral – it is neither good nor bad. It just is. Encouraging flu shots, rabies shots for pets, recycling, and not smoking are propaganda, too. It takes a fairly high level of authority and a lot of money to produce anything effective or widespread, and it isn’t always self-serving.

Every government also practices public relations (sometimes called public affairs, although there is a disagreement over whether PA and PR and the same), which is usually focused on single issues, rather than trying to sustain or create a particular national culture and mindset.

Spin is inherent in propaganda, but is not necessarily present in PR. Of course, PR frames the discussion in the most beneficial light, but this is not always spin. Spin is defined as presenting only the favourable side of the argument and deprecating the unfavourable.

A single flyer – Collingwood Councils’ Half Time flyer - is not propaganda, merely public relations.Some people complain that council doesn’t communicate with the public, others complain when it does.

Nor is it “blatant campaigning at the tax payers’ expense” as one person complained. Since municipal politics are non-partisan (at least in such small urban centres like Collingwood, and despite the overt partisanship of at least one previous mayor), it would not be a very effective campaign tool, since every member of council is listed and pictured, and no individual gets any credit for the accomplishments of the group. Not to mention that not a single one of us can legally declare our candidacy for council until January 1, 2014.

It cannot be called “spin” either, because it did not crow over council’s accomplishments aside from its teamwork, and does not deprecate anything. The inside merely listed what had been achieved for the greater good of the community. It was not “biased and misrepresentative,” simply a list of things council has initiated, passed, or accomplished. It is unclear how, say, approving a new fire station, reducing the debt, keeping taxes at a 0% increase, or resolving the patio issue satisfactorily can be misrepresented this way. I suspect that anything this council did would be objectionable to some people.

Simply because someone doesn’t like a council decision, listing it as an accomplishment for the greater good is a far distance from propaganda. So if we’re going to have a civil discussion about any council activity, we must first lose the emotionally-laden and wildly inaccurate vocabulary, and stick to the facts.***

~~~~~

* In a similar manner, the politically naive uber-right of the USA labelled Barack Obama a “socialist” during the election, which merely showed they were ill-educated in the actual meaning of the term. It would have been as meaningful to call him an Aspidistra, which they might have done, if they could have spelled it.

** Propaganda via mass media can be traced back to Pope Sixtus, who used the new printing press of the late 15th century to attack the Medicis.

*** And stop calling every council decision you didn’t understand or appreciate “hypocritical.” If you truly wanted to understand or debate a decision, you could call or email any member of council and ask for an explanation, instead of whinging in the media about how it baffled and angered you.

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