Tag Archives: Derrick Thomson

Why are the citizens still paying the legal costs of a former employee who was fired for cause?

By Gerry Barker

December 16, 2019

Opinion

The following facts support how the abuse of political power that is far too prevalent in terms of fair comment and freedom of expression as guaranteed by the Canadian Charter of Rights.

FACT – For the record, my wife and I are residents of the City of Guelph.

FACT – In 2016, I wrote 10 blog posts as outlining Deputy Chief Administrative Officer (DCAO) Mark Amorosi’s statement of claim in which he sued me for defamation. The posts were critical of his role in secretly concealing a total of $98,202 salary increases shared by three senior executives including Amorosi.

FACT – These increases were awarded December 10, 2015 in a closed-session of city council.

FACT – It has never been revealed whether these increases were paid retroactively for 2015 or were received throughout the year before the approval.

FACT -I was served in August 2016 with a demand to apologize to Mark Amorosi for publishing posts on guelphspeaks.ca, critical of the city administration for concealing senior staff salary increases for 2015.

FACT – The lawyer representing Mr. Amorosi, wrote the demand for an apology. The terms included that he would write it. He demanded that it had to be posted at the top of the guelphspeaks blog for 30 days. This demand was rejected.

FACT –  Amorosi’s counsel stated to my counsel that if I refused, he would recommend legal action.

FACT – On November 15 2016, Amorosi announced on the front page of the Guelph Mercury Tribune newspaper that he was suing Barker for $500,000 damages. It was based on defamation as a result of the alleged critical posts. He stated in the article that the City of Guelph was paying his legal expenses.

FACT – In January 2017, Mr. Barker requested a copy of the minutes of the Dec. 10 closed-session meeting of council, and it was denied in April with no explanation.

FACT – On February 9, 2017, Amorosi was fired for cause published in the Mercury Tribune newspaper. He left the city February 20.

FACT – In a sworn statement Amorosi testified that “he agreed to leave” when confronted with an an inadvertent release from the Information Technology department. It forwarded some 50,000 confidential emails to a third party representing a fired employee, Chief Building Inspector, Bruce Poole. Mr. Poole sued the city for $1 million for wrongful dismissal. Amorosi was in charge of that department and it formed the basis of his dismissal.

FACT – Three major news outlets, described Amorosi’s dismissal as being fired. The word ‘fired’ was also published in the Mercury Tribune article about the firing

FACT – On March 31, 2016, the 2015 provincial Sunshine List was published. The public learned of the three senior managers shared salary increases of $98,202. The province publishes the List composed of all public employees in the province earning more than $100,000 a year, not including taxable benefits.

FACT – The three recipients of these increase included the Chef Administrative Officer (CAO), Ann Pappert, who received an increase of $37,000 taking her 2015 salary to $257,000. The majority of that increase included a retroactive performance bonus of $27,000.

FACT – DCAO’s Mark Amorosi and Derrick Thomson shared the balance with Amorosi’s 2015 salary jumping 14 per cent by $209,000

FACT – Derrick Thomson received an increase of 19 per cent taking his 2015 salary to more than $207,000.

FACT – The three senior managers cost the city in 2015, $673,000 plus some $20,000 in taxable benefits.

FACT – CAO Ann Pappert resigned in April 2016. DCAO Thomson resigned in January 2016 but was rehired in May to replace Ms. Pappert who left her job May 26, 2016.

FACT – When the 2016 Sunshine List was published in March 2017, former employee Ms. Pappert was paid $263,000 for five months work in 2016.

FACT – The new CAO Derrick Thomsob, announced details of his three-year contract which included a salary of $230,000 plus $11,000 taxable benefit for using his personal car for city business.

FACT – In March 2019, Derrick Thomson “parted ways with the city” for reasons unknown today. When the 2018 Sunshine list was published, Mr. Thomson’s salary was $335,000. In just two and a half years on the job, Mr. Thomson earned $100,000 more than his stated 2016 three-year salary of $230,000.

FACT – Mayor Cam Guthrie explained that Mr. Thomson was given a $67,000 performance bonus for his work on giving away Guelph Hydro to Alectra Utilities. Guelph Hydro stated in its 2016 financial report that the city-owned power distribution utility had a total value of $228 million.

FACT –Amorosi testified that city council did not approve staff salaries. Under the CAO bylaw, it was CAO Thomson who must have approved his 2018 salary and performance bonus.

FACT – I requested a statement from the city in 2018 of the amount of public money that had been spent on Amorosi’s lawsuit and it was denied because the case was before the courts.

FACT – From a reliable source, I learned there was another closed-session meeting of council in May 2018 to discuss the status of the Amorosi lawsuit and the legal costs to May 2018. It was reported the city paid Amorosi’s legal costs of $30,000. Without reservation, knowing what my legal costs are to date, it will be much more than that figure and counting.

FACT– This is another example of the city denying and obfuscating the details that aren’t serving the public interest.

FACT – The city has never explained why it is continuing this attack on one of its citizens. One who dared to criticize an issue that according to the city’s own code of conduct, that excludes open government policies, allowing accountability and transparency of the peaple’s business?

FACT – It has cost Amorosi nothing in three years to perpetuate the city’s complicity in contnuing to finance his lawsuit that is without merit.

FACT – To date it has cost me $86,000 to defend myself. It’s not over yet.

FACT – The city administration has never cooperated or acknowledged details of that December 10, 2015 closed-session meeting of council. It approved the three senior staff increases’ increases. In that same month, in another closed-session, council approved a bylaw indemnifying any employee or elected officials by paying their legal costs if facing a legal proceeding against them.

FACT – I did not sue Mr. Amorosi, he sued me, or I didn’t fire him or, in his submission made to the judge in 2019 that he was unable to get a job because of what I had written about him in 2016.

FACT – Two independent individuals searched Amorosi’s name on the Internet. There was only one of my posts on the site but references to his dismissal from the city dominated the site.

FACT – Since August 2016, the same lawyer has represented Mr. Amotosi.

DACT – CAO Ann Pappert who left the city in May 2016 recommended the indemnification bylaw in December 2015.

SUMARY

These are facts. They represent a major attack by a city council on a private citizen for unfounded reasons.

The cost to the citizens of Guelph including me, the defendant, is being covered-up by the administration.

If you believe the proceeding facts are not true and agree with the administration that are worth very penny, you are signaling denial the right of a citizen to protest the abuse of power by controlling city council, then good luck.

Our taxes, fees and services are way out of line with comparable communities. It has been like that for the past 13 years. That’s the main reason that our costs of living in Guelph keep increasing every year. Just remember the promise made by Cam Guthrie in 2014 that he would keep the property tax annual increase equal to the rate of inflation.

That promise went out the window with his first budget for 2015 when the final rate was 3.96 per cent. The Consumer Price Index for 2014 stated the inflation rate for Canada was 1.1 per cent.

So if you are not satisfied with the way your city is being managed, with respect, you should start researching how this city has arbitrarily increased its operating cost and sourceded capital to build needed projects, such as a new central library, the South End Community Centre to name just two.

Two projects leap out that are now approved under way, The new Maintenance capus for Guelph Transit and the Parkade on Wilson Street next door to City Hall. Both these projects on the surface seem important but strikingly inclusive for staff needs.

There has been too much waste of resources, mismanagement, not to mention the millions lost including Urbacon, GMHI, environmental services, downtown, dodgy deferred taxes and development breaks to developers, to name a few emptying the city till.

If you believe that we and the city can do better then let your councillors know and demand a clean up of the administration’s policies. Press staff and council to lower operating costs. Get rid of the deals and stop the shallow spinning of action. When the city says, that within ten years it will have spent $1,7 billion on capital funded projects, lets have some specifics including estimated costs, dates to completion and the sources of revenue to pay the bills..

This administration is overdue for a diet. Waiting three years to change the cast of characters can’t come soon enough.

Please note that like most of us we are about to enjoy the holidays, guelphspeaks.ca will be on hiatus until Monday, January 7, 2020. That gives us time to say goodby to the leftovers and start the new year with good health and optimism for 2020. Enjoy!

 

 

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Was it coincidence that CAO Thomson is gone or just business as usual?

By Gerry Barker

April 1, 2019

This is the day of pranks, tomfoolery and the joke’s on us.

For once in his life, your faithful correspondent is speechless, witnessing the destruction of the city staff superstructure.

Thinking of the old Yogi Berra line: “It’s déjà vu all over again.” It appears this is not Derrick Thomson’s only departure described as a “parting of the ways” just before the provincial Sunshine List is published. It pops up near the end of March each year.

That List is really the only creditable source of all those Ontario public servants earning more than $100,000 a year plus taxable benefits. Dare I say it, but the former Mike Harris government created the List?

In December 2015, there was a closed-door meeting of council allegedly to discuss some substantial salary and benefit increases for the top three senior city staff managers. Not in dispute when council acted, the increases totaled $98,202.

There was no information published until the 2015 Sunshine List reported three months later.

How do we know the scope of those retroactive payments to the senior managers?? Guelphspeaks.ca compared what the three managers were paid in 2014 and 2015. That’s how the increases were discovered.

Turmoil at the top

In January 2016, Deputy Chief Administrative Officer Derrick Thomson, was the first to resign following the December 2015 meeting that allegedly approved the increases. He was gone two months before the 2015 Sunshine List was published.

Mr. Thomson accepted a position with the Town of Caledon where he lived. He left a job that was paying $207,000 (all figures rounded) plus $10,000 in taxable benefits.

In April 2016, Chief Administrative Officer Ann Pappert announced her resignation but agreed to stay on to assist the new CAO. She left the city May 26, 2016. Her share of the $98,202 was $37,000 taking her 2015 salary to $257,000 plus $6,000 in taxable benefits.

In June 2016, Mr. Thomson was hired to replace Ms. Pappert. He announced that he would reveal details of his contract. In the fall he said he signed a three-year contract with a salary of $230,000 plus an increase of more than an $11,000 taxable benefit.

When the 2017 Sunshine List was published his salary had risen to $245,000.

Then, the city announced in early March 2019, prior to the 2018 Sunshine List publication, that by mutual agreement, CAO Derrick Thomson and the city were “parting ways.”

There was no further explanation other than he left immediately prior to the 2018 Sunshine List hit the Internet.

Déjà vu, again?

There will be no tag days for Mr. Thomson as his 2018 salary was $335,081 plus the $11,000 taxable bonus.

That is more money than the Premier of Ontario is paid.

It indicates that Mr. Thomson received more than a $90,000 increase between 2017 and 2018. The questions remain why was he suddenly gone on a cool Friday afternoon? The absence of explanation is part of the administration’s tight control of public information. You know: “What they don’t know, won’t hurt them.”

These are matters of the public interest yet there is no information surrounding these developments and why the turmoil exists in the senior echelon of the city government.

Almost forgot. Ms. Pappert worked five months in 2016 but was paid $263,0000, according to the 2016 Sunshine List.

The only way the pubic can receive this information is through the provincial Sunshine List. Without it, none of us have a clue and that’s the way the Guthrie administration wants it. The fact that council convened 84 closed-session meetings in 2015 and 2016 is evidence of denying the public access to information.

The rising trajectory shutting down public participation

For the past 39 months, annual property taxes increases in Guelph exceeded that of Brampton, Cambridge, Kitchener, Waterloo, Toronto, Windsor and many more. Why? Why are other comparable cities able to manage their finances without hitting the property taxpayers’ ATM every year? Guelph’s tax rate is consistently more than 3 per cent.

For example, this year Brampton’s property tax rate is 1.1 per cent. With all the turmoil that city management has been through, it’s an astonishing achievement.

This year brought a welcome break when the city announced a property tax rate of 2.63 per cent less than the annual  3 per cent for only the second time since 2007. There are adjustments coming that will likely increase that tax rate.

In my opinion, there are two crucial aspects of this failure to govern responsibly:

The left majority of city council has politicized the staff. We blew the opportunity last October by not turning out to vote or participate. Municipal voting only occurs every four-years and we’re stuck with an administration that is frequently incompetent, secretive, authoritarian and irresponsible.

Don’t get me wrong. There are talented and dedicated employees on staff. Unfortunately, in Guelph, the leadership is the weak link.

The other vital action that needs to engage is public participation. This means attending council meetings and presenting contrarian points of view. Further, protest decisions that are not in the public interest. Sad to say, some councillors cherishs ambition and not pragmatism.

The woods are filled with competent and talented individuals experienced in public service. They aren’t hard to find. It’s too easy to blame the staff but after witnessing the merger of Guelph Hydro, council failed to look after its own destroying one of the best group of staffers in the province.

If we don’t react to stupidity and careless statements that city council has already demonstrated, we can only blame ourselves.

The real power governing the city lies with the people.

Let’s restore it.

 

 

 

 

 

 

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The crucible of corruption and how it affects all of us

By Gerry Barker

March 4, 2019

Opinion

This past week, I experienced a five-hour examination designed to challenge my credibility as a citizen, a taxpayer and homeowner. It was a crucible to discredit my persona reputation and that of my wife and family.

I won’t go any further than that, as it has become a two year plus legal case that will be resolved so therefore I cannot comment at this time.

What I can address are the details of the 2019 budgets that are now reaching a crescendo of policies that will impact every part of your life and living in Guelph.

The core problem is the ineffectual management of the city by the staff. Let’s drift back a week or so ago.

Chief Administration Officer Derrick Thomson “parted ways” with the city. Why the sudden separation in the middle of the city budgets’ preparations over which he oversaw?

As the head of the city staff, the staff proposed a property tax rate set at 3.93 per cent.

Before getting too excited, there is a process of meeting in which the public can appear before council to express their needs and demands.

Tomorrow night, March 5, council will approve the new property tax increase.

History shows that several influences arise.

First, the sitting councillors have their chance to promote their pet projects. This creates a political adjustment such as you, as a councillor, add your project to the list. Something has to go in order to keep the property tax rate under 4 per cent.

Are you starting to get it? First, announce a staff recommendation of 3.93 per cent. This is done before the citizens request their projects be approved. There are  a wide range of projects requiring the blessing of the mayor and his council.

* They include an appeal of the Kazoo festival supporters along with the Guelph Arts council to “plead for more funding for the city’s Community Wellbeing Grant to assist small arts organizations.

* Head of the Guelph Transit union wants more funding to support finding for nameless improvement but Transit has the go-ahead to hire three more drives. Did management not have a say in this? It would be helpful if Transit would total ridership, the route usage and impact of the University student passage contribution, compared with taxpayer subsidization.

*   Steve Dyck quickly wants the city to spend another $1 million this year to fulfill its commitment to reach zero carbon emissions. Steve, the transition from fossil fuels will take at least another 50 to 75 years, if ever. Steve, how’s it working for you?

*   A delegation protested the increase in their monthly parking fees from $40 to $100. Is this part of Steve Dyck’s zero emissions proposal?

*   A number of advocates for affordable housing to accommodate those marginalized citizens to be able to have a home.

There were a number of citizens who, in the main, asked for public funding. In my opinion, this has been a problem for years. But should the municipal taxpayers be responsible? The administration can certainly support it through planning and expanding projects. Financing should come from senior governments and the private sector.

Today, we have no CAO, a triumvirate of three skilled DCAO’s in charge of the city staff its responsibilities and financing.

For 12 years I have been advocating reducing city overhead chiefly to fix the city infrastructure deficit. Unfortunately, council does not agree, instead it includes in the 2019 budget an additional 17 new employees at a cost of $9.2 million.

In my opinion this is a self-serving staff recommendation that lacks detail of where and what are these new staffers supposed to do? The city information releases don’t offer any rationale for recommending these new employees.

What Guelph needs now is a cadre of experienced and qualified staff leadership. We already have the base of individuals to refocus management and turn our city into a model that will attract businesses, technology firms and make our city a great place to live and be affordable for all.

Let’s loosen the surly bonds of misguided management that has sucked the treasury dry in the name of progress and the environment.

 

 

 

 

 

 

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The short memory of Susan Watson ignores history of the past 12 years

By Gerry Barker

January 28, 2019

Opinion

Editor’s Note – Before launching into another overview of unvarnished civics reports on the management of our city, I urge everyone to read and absorb the history on which I have been reporting and commenting since 2011.  The administration is in charge of our $500 million corporation. But who is really running the show?

Susan Watson, the high Priestess of the Left-leaning coalition of power figures controlling our city administration. In a letter to the media, she says: “We all care about our property tax bills.”

She then adds that we should all care about impending increased changes to the development impact by-law updating currently before city council.

Three guesses as to where this is going.

She urges readers not to believe the ‘old’ slogan that, “Growth will pay for growth.”

However, before we consider her statement that in the next ten years, citizens will subsidize development in Guelph at an estimated rate of $5 million a year or $50 million. Those figures come from Tara Baker, the city’s General Manager of Finance and Treasurer.

Ms Watson claims that in the past five years taxpayers paid $21.5 million to subsidize development in the city.

There seems to be a difference here between the city staff manager, responsible for all things accountable is projecting in public administration. Susan Watson’s recent five-year analysis of taxpayers subsidizing development does not agree with the Financial GM’s forecast.

None of these figures define ‘development.’ For example, do the figures include city development projects or are these Ms. Watson’s personal political views?

Are development impact fees charged to the Wilson street five store parkade the city is building across the road from City Hall? That’s a $22 million project.

That cost has been declared as part of the estimated $350 million renovation of the Baker Street project announced before the civic election won by Mayor Guthrie. He said a deal has been struck between the city and Windmill Developments based in Ottawa. It is called a 3P or Private, Public Participation Plan. Whoops that’s four P’s.

This apparent proposal won’t start until 2024 and take at least five to six years to complete. The joker is what is the city’s capital share of this and its public liability? What is the estimate of revenue including taxes and, wait for it! Developments fees?

Some may believe it is heresy regarding city-managed projects to dredge up some of the spectacular management failures in the past 12 years.

Whopper Alert!

Here’s a run down of some of the historical failures:

* The organic waste processing facility costing $34 million of taxpayer’s money and the public does not have access to the organic mulch by-product. It was so overbuilt to handle Guelph’s wet waste that it depends on Simcoe County and the Region of Waterloo for feed stock to keep the joint operating. To top it off, a subsidiary of the company that built the facility, operates it through a subsidiary corporation and sells the finished compost. Details of this arrangement have never been revealed to the people who financed it.

Would you agree this information is in the Public Interest?

*         *         *         *

* Along came the new city hall construction. In 2006, city council approved a contract for $42 million. In 2007, a new council took over and by September 2008, booted the general contractor off the job. The contractor sued the city for $19 million and six years later, a Superior Court judge ruled the city responsible for wrongful dismissal. The overrun cost of the entire project was $23 million.

Why did a lawsuit outcome fail the interest of Public Interest?

*         *         *         *

* The $34 million police headquarters renovation will not be completed until next December. This is a city-managed project and so far it is on schedule to avoid cost overruns coming in at contract cost. However, experience dictates that missing the 2018 completion date indicates possible cost overruns.

* The greatest city mismanaged failure was the five-year record of Guelph Municipal Holdings Inc. (GMHI) led by former mayor Karen Farbridge and aided by her former Chief Administrative Officer, Ann Pappert, who had the dual responsibility as Chief Executive Officer of GMHI.

The real cost of this multi-tasked attempt to create self-sufficiency in power supply and a geo-thermal heating and cooling water system to a small collection of nearby buildings. These include the city- owned Sleeman Centre, River Run theatre and Hanlon Business Park. The only information about the cost of this operation was stated in a consolidated audit of GMHI conducted by accounting firm KPMG

There was a shareholder’s liability of $63 million. That’s a loss to taxpayers in any language.

Was GMHI shrouded in closed- sessions in the Public Interest?

*         *         *         *

Does Ms. Watson object to private enterprise and its role in creating housing both affordable and upscale? Or is it another undocumented scare tactic to reflect her ongoing anti-Conservative campaign to discredit the likes of Mike Harris and Doug Ford?

Susan, look back to the future

Ms. Watson should go back 12 years to examine the track record of former mayor Karen Farbridge and close friend who was supported financially in the three elections.

The Farbridge administration thatran the city for eight years was no slouch in cutting deals with private developers. These include Tricar developments that received deferred development fees in construction of two high-rise condos. There were others given deferred development and deferred property taxes to build housing, particularly in the downtown area.

These deferments were covered by transferring funds of the Brownfield reserve fund valued at more than $30 million. One of those sites was the former LaFarge cement manufacturing plant, east of the Hanlon, south of Paisley.

The funds were set aside to clean up contaminated sites that needed remedial action to remove dangerous elements in the soil.

That Brownfield reserve transfer was done to limit the annual property tax increases and deferred development charges that would impact the city budgets over the years. Again, details of these deals have not been revealed.

But there is more

But the biggest flop of the Farbridge administration was the Guelph Municipal Holdings Inc. The audit of this project by accounting firm KPMG, revealed shareholder’s loss (the citizens of Guelph) was some $63 million. The details of this were published following council meetings May 16, 2016 and mid-July 2016.

This audit showed the costs of creating self-sufficiency in power and a geo-thermal underground system providing hot and cold water supplied to a few city-owned building, a church and two large high-rise conco towers near the Sleeman centre.

The Guelph Hydro giveaway

Then the new council, in 2017 voted to merge Guelph Hydro with Alectra Utilities.

I remain convinced it was a terrible deal because the only thing citizens received was return of its own money. The surplus of Guelph Hydro cash of $18.5 million, that’s our money, is about to be returned to the city. Also, the city is to receive a 4.36 per cent share of 60 per cent of the Alectra Utilities profits.

Breaking news! In 2019 the city, according to budget documents, will receive a dividend of $1 million from Alectra Utilities.

So, why was it merged with Alectra when Guelph Hydro was sending an annual dividend to the city of $3 million?

The administration’s war on fossil-fueled vehicles

The reconfiguration of major city streets is another alleged development of reducing the use of fossil-fueled vehicles. In fact, the opposite has occurred as traffic congestion has substantially increased due to the shrinkage of traffic lanes on major streets to accommodate bicycle lanes.

The cost of this abortive attempt to cut emissions is in eight years: Council has spent some $300,000 annually on bike lane development. Included also was $2 million received for special bike lanes on Stone Road as part of the 2009 infrastructure program of the provincial and federal governments. Oh yes! That also included spending $75,000 on a new time clock in the Sleeman Centre. That replaced one that was working well.

What in hell has that to do with infrastructure?

Added up, there were millions spent on projects described first as optional, but the Farbridge administrations were determined to adhere to climate change and environmental projects to achieve their dream. As usual, citizens picked up the tab.

I do agree with Ms. Watson about private developers paying the costs of connecting to city roads, water and sewer lines, power distribution and public safety facilities, to name a few. But I remain confused about the financial status between private and public development.

Property taxes spiral because of kitchen table accounting

We have just gone through 12 years of council and support staff that have strayed off the reservation.

The good news is there are some moves made to install experienced money managers who can re-focus and concentrate on fixing the infrastructure and freeze the mega projects such as Innovation Guelph Reformatory lands plan and the Baker Street renovation.

Reducing overhead operating costs, debt, pie-in-the-sky projects and maintains services are more important than ever.

How do you get out of the hole, stop digging.

 

 

 

 

 

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Guthrie’s running again when the ink isn’t dry on his beloved Guelph Hydro sell-out

By Gerry Barker

January 15, 2018

Three years ago my wife and I voted for Cam Guthrie. We were not alone as he trounced the mayor without breaking a sweat. He did it by promising property tax increases linked to the Consumer’s Price Index (CPI).

He was engaging and rarely spoke of his predecessor’s record and the Urbacon debacle. His handler’s presented him as a man with a mission to reform the city by creating a “Better Guelph”, what ever that meant.

So, here we are three years later and the promises made by our Mayor were rarely kept. As a matter of fact, the opposite occurred. He ran the table handling the senior staff power grabs and failures. Of the four top managers who received those huge salary increases in December 2015, only one remains. Those increases were concocted in a closed-session meeting convened by our Mayor.

There was no indication, by the administration, of what happened that December night. Four months later, it was exposed when the provincial Sunshine List published the details of the increases.

Here’s the back-story

The first senior staffer to leave, even before the December 10 secret meeting, was former CFO Al Horsman who left in August to take a new job in Sault Ste. Marie. His final pay for seven months work was an estimated $183,000, adjusted of course, for the new level of senior management increase awarded four months later.

The second manager to defect was Derrick Thomson, Deputy Chief Administrative officer, (DCAO) of Operations for some two months. He resigned shortly after receiving a 19 per cent salary increase to take a job in the Town of Caledon, where he lives.

The third departing senior staffer was the Chief Administrative Officer, (CAO) Ann Pappert, who resigned just after the Sunshine List was published March 31, 2016. She left May 26 and received her salary of $263,000 for the full year, despite only working for five months.

The fourth beneficiary of that Dec. 10 closed-session council meeting, was DCAO Mark Amorosi who left the city February 10, 2017.

Little of this information was released by the Guthrie administration. The stonewalling has reached epic proportions as the administration, to this day, has never publicly acknowledged the meeting ever happened.

It begs the question, why did these three senior staffers resign? In the case of two of them, Pappert and Thomson, who quit after receiving huge increases commencing in 2015?

In Mr. Horsman’s case, it is safe to assume he saw the writing on the wall dealing with the new city council and chose to leave, even, perhaps, not knowing about the senior staff increases that were being planned.

The shifting sands of power

Ms. Pappert’s departure left a huge gap at the top of the staff where the CAO was in charge of more than 2.100 employees.

In June 2016, the city announced that Derrick Thomson was re-hired as CAO. Talk about the Phoenix rising from the ashes! Mr. Thomson promised to reveal his salary and eventually we were informed it was $230,000 a year for three years. It turned out that he was also paid a $9,000 taxable benefit as a personal car allowance.

Mr. Thomson has overseen two city budgets, 2017 and 2018. The property taxes in those two budgets, including the special infrastructure levy, exceeds 6 per cent.

The council appointed Mr. Thomson as co-chair of the Strategies and Options Committee (SOC), charged with disposing Guelph Hydro. No elected councillor was appointed to this committee in the 18 months of its operations..

The effect of this is that the merger proposed by the SOC between Guelph Hydro and Alectra Utilities was not only conducted solely in closed-session, but the people’s representatives, city councillors, were not participants.

As a result, the ultimate checks and balances of decisions made by an outside committee were not involved during the 18-month negotiation period by the SOC.

Horse pucky is more effective than the facts

Instead, councillors were fed a line of unadulterated horse pucky from its own staff that led to a 10-3 council approval of the proposal. In my opinion, Council abandoned its responsibilities believing their own senior city  and Hydro staff and the mayor who led the cheerleading of the proposal starting October 5.

The public promised a dose of more good-paying jobs, a green power technology centre in the Guelph Hydro Headquarters. Guelph would become the hub for Alectra’s expansion plans for Southwestern Ontario expansion, and the Guelph Hydro staff would be retained with reductions coming from attrition and relocation.

This is what Mayor Guthrie was selling along with CAO Thomson and Hydro Chair Jane Armstrong.

To add insult to injury, the public was informed that council spent $2.36 million of public money on the SOC plan to dump Guelph Hydro. Then came the announcement that Guelph Hydro, following closure of the deal would send a “special dividend” of $18.5 million to the city.

Didn’t we just lose $63 million for the Green Powered GMHI experiment?

Gee! That friends, is $20.86 million of our money spent to give away our hydro distribution system worth $300 million.

Why is it so difficult to understand? Ten councillors including the mayor voted for the unfinished merger negotiations, but voted for it anyway. Why?

To this day, I challenge any member of council to explain the final two agreements, terms and conditions of the merger. Because the night they approved it, the negotiations had not been completed. Did they not know that? Or, maybe they did.

Would someone explain to me how a council can approve a merger of a $300 million publicly-owned utility serving 55,000 customers, without knowing or understanding the final terms and conditions of this proposal?

There are words that describe what has happened. I’ll leave it to your imagination.

Our only hope is that we are told, in plain language, the details of this merger when negotiations are completed and council holds another vote to approve or walk away.

If they don’t follow this necessary step then two things will happen.

Those councillors who still support the merger will have to answer for their decision next October’s civic election. That is, those who choose re-election.

The second issue is that the Ontario Energy Board must approve the merger based on the details and evidence provided, so that the majority of Guelph citizens are either in favour, or not.

It’s an old axiom, for every action there is a reaction.

It’s our property, let’s protect it

 

 

 

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How Guthrie’s Great Wall prevents the public from knowing the people’s business

By Gerry Barker

January 8, 2018

Note – The following is the opinion of the author based on known facts and history of the administrative management of the City of Guelph.

Donald Trump is still trying to get his $18 billion wall proposed to be built between Mexico and the U.S. but Cam Guthrie has succeeded in erecting a wall to protect his council and city staff from public participation in city business.

Just ask the 22 delegates who opposed at to the open council meeting to approve the merger of Guelph Hydro and Alectra Utilities last December 10. Each delegate outlined why this was not in the best interests of the community and many requested a deferment until all the facts were known, including the final documents pertaining to the agreement.

Council, by a 10-3 majority ignored those citizen delegates. Instead they agreed with the points raised by seven Alectra delegates who offered reasons to merge.

The structure of Guthrie’s Wall of denial

We looked up how the wall was erected initially by the former administration, starting in 2008 when council appointed Amberlea Gravel, located in London, to investigate citizen’s complaints about closed-session meetings of council. The appointment was made when former Premier Dalton McGuinty’s government ordered all municipalities to appoint a closed-session investigator.

Since 2008, Amberlea Gravel, our Local Authority Services (LAS), has processed just three complaints, while being paid a retainer for nine years. The city has not revealed the cost of the retainer. Regardless, it has to be the best deal Amberlea Gravel made to bolster the privacy of council doing the public business.

A few years ago, the Ontario Ombudsman was given authority to act for municipalities. Today more than half have switched to the Ombudsman’s office for investigating closed-session council and local board meetings.

But not Guelph.

I was one of only three complainants requesting a closed-session investigation in early January 2016. I had plenty of reasons for obtaining the minutes of the December 10, 2015 closed council meeting that awarded $98,202 salary increases to the four senior managers of the city.

By now most people in the city know the decision was not revealed until publication of the 2015 Sunshine list which publoshed the salaries and taxable benefits of every city employee earning $100,000 or more.

Guelph Speaks published several posts that decried this blackout decision by city council. For my trouble, I was at first threatened by one of the recipients of our largess and subsequently sued for defamation. That case is before the courts and I cannot comment further.

Four months following my request for the December 10, 2015 minutes, the special closed-session investigator ruled in favour of the city to deny the minutes of that meeting. That’s just one brick in the Guthrie Great Wall of denial to control the public’s business and rightful interest to suit the staff and council. It’s known as shaping the message to satisfy the administration’s interests.

The council code of conduct is the second barrier to open government

Here is an excerpt published on the city website under the title: “Council Code of Conduct/Integrity Commissioner:

The Code of Conduct was adopted by Council to:

  • establish a common basis for the ethical behaviour of Members of Council and Local Boards, and
  • increase public confidence by making a commitment to operate with integrity, justice and courtesy.

I’m sorry; but I can’t make this stuff up.

In 2011, Council appointed an Integrity Commissioner to address the application of the Code of Conduct for Members of Council and Local Boards. The Integrity Commissioner has the power to deal with requests to investigate suspected contraventions of the Code of Conduct. The record shows that all requests referred to the Integrity Commissioner originated with members of council. Council recommend the following penalties:

  • A reprimand; or
  • Suspension of the remuneration of the Council or Local Board member for a period of up to 90 days.
  • In addition to conducting formal Code of Conduct investigations, the Integrity Commissioner also serves as an advisor on appropriate conduct to individual Members of Council or Council as a whole.

The ultimate muzzle on the very people we trust to serve the public’s interests

So, now in his sixth year as Integrity Commissioner, Robert Swazey of Caledon, is judge, jury and prosecutor in cases involving elected officials who may be accused of breaking the code of conduct.

It is an implied threat to any councillor who reveals the contents of a closed-session meeting. It threatens their reputation for protecting the public interests.

In just a few words, this policy was approved by council in, we believe, another closed session. The commissioner, during since 2011 has investigated three cases. His annual retainer is $5,000 and he is paid an hourly fee conduction his investigation and preparing his report.

The one case involved then Coun. Cam Guthrie, who received none of the punishment listed above. It cost the citizens $10,000. The irony of this event is suffocating in tracking the performance of the Mayor and his council.

That was then and this is now

In the past three years of his mayoralty, Cam Guthrie has consistently demonstrated adherence to the Code of Conduct set up by the previous administration. In fact, there has been more closed-session meetings of council and it’s appointed Strategies and Option Committee (SOC) than Noah organizing the Ark.

This is an affront to every citizen of Guelph. It’s a manipulated system to dumb down the electorate and coverup mistakes from public exposure. What they don’t know won’t hurt them.

There is no shortage of information underlying doubt about this Hydro/Alectra merger,

The present council, again in closed-session, approved spending $2.36 million to sell this deal to its own citizens.

The plan was to produce the illusion that most people were in favour of the merge employing leading questions to agree with a phony outcome; sparsely attended town hall meetings and producing a phony 245-page “final agreement” document just 12 days before the meeting. And it was only available online. I charge that fewer than 250 hard copies were distributed to the public.

The communications plan did not put its case forward through Guelph Hydro’s network of 55,000 customers except at the last days prior to the meeting when a tiny resume of the deal’s advantages was inserted in the Hydro/Water bills.

So as city Communications General Manager, Tara Sprigs, described the process of informing all those Hydro customers who were being threatened with everything to lose in return for a boatload of promises.

I would like to think that at least four councillors, those with knowledge and intelligence, would change their vote under the circumstances.

Not one of them is the Mayor.

How council manipulates the Municipal Act closed-session guidelines

It’s simple really; they made up their own closed-session guidelines.

Now topping Guthrie’s Great Wall of denial are the Municipal Act policies. The following are the legal reasons under the Municipal Act to hold a closed-session council or local boards meetings:

Section 270 of the Municipal Act provides that municipalities must develop and maintain various policies regarding the accountability and transparency of municipal government and its operations.

The key words are Accountability and Transparency

The following have been adopted by Council and are regularly reviewed to ensure compliance:

  • Sale and Disposition of Land
  • Number 1: Only covers the sale and disposition of land not the acquisition of the provincially owned Jail lands
  • Hiring of Employees
  • Number 2 – Yes, hiring employees should be confidential but does not include approving salary increases to staff and then not revealong it to the public.
  • Procurement of Goods and Services
  • Number 3 – This covers a lot of areas and there is evidence it has been used to          blackball certain contractors from bidding on city jobs.
  • Public Notice
  • Number 4 – This is an oxymoron; hold a meeting in closed-session to discuss a public notice? It’s a convenient method of calling a closed-session meeting to discuss almost anything in private.
  • Accountability and Transparency
  • Number 5 – Again, why is it necessary to call a closed -ession meeting to discuss accountability and transparency? The previous administration has already paid more than $500,000 to a Toronto consultant to come up with an A&T plan.
  • Delegation of Authority
  • Number 6 – This dovetails with the administrations’ allowance such as giving $98,303 raises to four senior managers in 2015?

The key story here is that council adopted this collection of reasons to legally hold a closed-session meeting. Seems it’s self-serving giving council and the boards absolute power and control of the public’s business. It’s like turning off a tap, shutting off any information they choose for whatever reason. These reasons would include political liability and criticism, personal benefit, adherence to a political philosophy,

The two Councillors who served for four years of the GMHI board of directors, the operator of Guelph Hydro, were paid over and above their regular salaries. Councillors June Hofland and Karl Wettstein still voted in favour of the merger. They not only benefited serving on the GMHI board but in my opinion, were in a conflict of interest.

The Great Wall is intact and a barrier to the public interests

These “blocks” of the public’s business have been refined over the past 11 years to giving the administration-unfettered control of the message. It denies the public’s access to its right to know and understand the corporation’s operations on their behalf.

In future posts, GS will provide specific reforms covering a widespread grouping of issues that the electorate should consider before entering the voting booth.

The most vital reform is to make the council and administration operate openly and accountable.

This year, October 22 to be precise, we the citizens have the opportunity to return power to the people by electing councillors who understand their responsibility to the people who elected them. That means persuading civic-minded, experienced individuals possessing a universal mature backgrounds to turn this city into the jewel of Southern Ontario.

It means a sharp turn to the centre of the political spectrum, away from the left wing domination of our political management where there have been too many mistakes in judgment, losses of public money due to misguided projects that have set the city back in the past 11 years.

The time has come to elect councillors ready to reform and employ critical thinking managing the people’s business.

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Guelph Speaks takes some time off during the holidays

By Gerry Barker

December 22, 2017

In the waning days of 2017 we are all busy preparing and sharing the Christmas and New Year’s holiday season.

Guelph Speaks (GS) is no different and will take time for needed computer maintenance and reflective down time.

It has been quite a year being capped December 10 with the merger of Guelph Hydro and Alectra Utilities. We still maintain that is the greatest giveaway of our most valued public and profitable asset ever experienced in the long 200-year history of our city.

As far as GS is concerned, the New Year will bring some interesting insights and news about the council approved deal that could change this path of consolidated absurdity.

This will be our last post until Tuesday, January 2 when we prepare posts commenting on events during the final year of the council’s mandate. The GS archives contain 922 posts that are available at guelphspeaks.ca since 2011 for information, a history of municipal affairs and perhaps some entertainment.

That totals 1,475, 200 words. It is the equivalent of 20 75,000-word novels.

I am thinking of using the posts to write a book about the management of Guelph including the people responsible from 2006 to present day. The time to organize the material is daunting but not impossible. I intend to turn over my archives to the Guelph public library’s reference department as a source of a very exciting time in our city’s history.

It is a running account of lies, secrecy, cover-ups, accomplishment and the personalities involved.

The New Year will bring a change in our city council. With the merger possibly closing next fall, the impact on the citizens, we predict, will galvanize the voters to express their objection of council’s past actions.

My wife, Barbara and I wish everyone a happy holiday and a healthy and prosperous New Year.

A special thanks to all those GS viewers who follow the blog, the only one in Guelph that challenges the administration and digs under the veneer of city-managed information to reveal the truth and the facts.

As usual, the blog remains open for comment regardless of the content taking a small vacation.

We’re back on the job Tuesday, January 2, 2018.

Best to all,

Gerry and Barbara Barker

 

 

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