It is NOT a question of "impropriety" but rather of "friendship" involving a matter of great City importance. In my opinion, if Edgar refuses to take the honourable way out by recusing himself from any further involvement, then we now have the reason to remove Mayor Edgar Francis from the border file.
The Taqtaq family leases and operates the Duty Free Shop at the City-owned Detroit/Windsor Tunnel of which Edgar is the Head and is landlord to Edgar's spouse's business. According to the Star, they own land around the Tunnel which would have to be exproprated if the City's Tunnel Improvement project ever goes forward. That file seems to be in limbo now for some reason.
You remember the Tunnel don't you, the competitor of the Ambassador Bridge Company which was called Windsor's "enemy." Just ask some Westenders who have just sued the City about what they allege is the reason for the City's actions in passing certain by-laws in Sandwich that impact them negatively.
It is Council's job to ensure that Edgar resigns or is removed as the Voice of Council. The Integrity Commissioner's report will give them the guts they would not otherwise have.
Think back to my 5 Part series on Friendship:
- "Friendship (Part I of A Five Part Series)
Did you feel the earth shake? In one momentous moment everything has changed in Windsor.
To be honest, it is the first optimistic moment I have had in a very long time.
Perhaps the border file will finally end and we can get our economy moving after so many years of hollow threats, mind's eye visions, inaction and stalling...
We will owe it all to our Integrity Commissioner, Mr. Basse and certain leakors on Council whoever they may be. And most especially to our Mayor who has crystalized the matter in a way I never thought possible.
Of course, I am speaking about the leaked Report that Mr. Basse presented to Council, under what authority I still do not know but it no longer matters, that since Councillor Ron Jones and CUPE’s President Jean Fox were "friends," then the question was whether Jones should have recused himself from any involvement in the CUPE strike whatsoever.
"Friendship" became an issue for conflict of interest all of a sudden.
Then our Mayor confirmed it by helpfully chipping in during a TV interview:
"The issue in front of us is discussions that were taking place with the head of CUPE in the middle of negotiations. That is an important distinction to be drawn here."
Here is Schnurr's conclusion, and I think he is correct:
- "If a person was exonerated of any wrong-doing; I would assume the individual in question would take whatever opportunity they could to clear their name – particularly on an issue that has received a fair amount of ink.
Of course I am referring to the Integrity Commissioner’s report to city council detailing his findings of the investigation of Ward 2 Councillor Ron Jones and the telephone calls to CUPE president, Jean Fox during the municipal strike this past summer..
I can only presume then, the integrity commissioner made a ruling unfavourable to Councilor Jones."
Of course, to me the big issue was what gave the Integrity Commissioner the right to undertake a complaint in the first place and who leaked it and for what reason but that it water under the bridge now with all of the leaks about the Jones file.
- "Basse uncovered the cellphone calls while he conducted a separate investigation to find the source among city officials of a controversial media leak in mid-June during the strike."
My suspicion is that the Integrity Commissioner will have to say that he found no evidence that Jones actually revealed any strike information to Fox. I doubt if the Commissioner put Jones under oath since he did not think he had the power to do so in the prior investigation. Accordingly, he had to take what Jones said as the fact. As Councillor Jones said:
- "Jones insisted repeatedly Saturday there has been nothing "inappropriate" in his relationship with Fox -- either before, during or after the strike...
His calls and friendship with Fox date back years and many of the calls occurred around his prostate cancer surgery in February, while others focused on supporting Fox while she obtained a restraining order in court against an anti-CUPE protester, Jones said...
The two have always separated friendship and business, he said, and the majority of calls were less than a minute or two.
"I never talked to her about strategies or city business or anything privately about the strike -- nor did she ever broach that subject. People can believe that or not. At some point all the facts will be known."
However, the Integrity Commissioner will have to go on to say that what was done was inappropriate in the circumstances of the CUPE strike and that because of his friendship with Fox, Jones ought to have recused himself from the file.
He has in effect sided with the attitude expressed by the Pizza Queen who stated:
- "Like everyone else, I'm having a hard time believing he was just calling as a friend. I don't call my husband that much. My teenage daughter doesn't call her best friends that much. How many times can you ask, "How are you doing?" "How about those Spitfires?"
Normally, his personal life would be none of my business. But as a councillor, he's privy to key information about the city, for example, how far the city was willing to go in the strike.
He was elected to represent the interests of residents and taxpayers, and if he's calling the union president twice a day during a 101-day strike, that doesn't sit well."
The issue in the end is not giving out actual information but appearances and an apprehension of bias. Appearance of favouritism was the problem even if there was absolutely no wrong-doing
If the Integrity Commissioner said what I think he did, then Edgar must recuse himself NOW on the border file and no longer be involved. A new Voice of Council needs to be appointed, probably three Councillors.
Again remember the US Supreme Court case I referred to. But more importantly, think of what the Judge said whose photo taken was taken with one of the parties of the case in front of him, his friend, while they were dining in Monte Carlo together. Don't his comments apply with equal force today in Windsor with Edgar on the border file!
- "Maynard withdrawing from Supreme Court case after vacation photos with Blankenship released
State Supreme Court Chief Justice Elliott "Spike" Maynard will withdraw from the court's reconsideration of a decision that favored Massey Energy, a coal company run by his longtime friend Don Blankenship.
"It is not enough to do justice - justice also must satisfy the appearance of justice," Maynard wrote in a brief memo filed today with the court.
He added, "I have decided to voluntarily recuse myself from this case. I will recuse myself despite the fact I have no doubt in my own mind and firmly believe I have been and would be fair and impartial in this case. I know that for a certainty."
Controversy erupted this month over Maynard's majority vote in the court's 3-2 decision that excused Massey from a $50 million verdict after photos surfaced showing the chief justice and Blankenship allegedly vacationing together in the Monte Carlo area...
Caperton wanted Maynard off the case because of the justice's decades-long friendship with Blankenship. He also wanted Maynard to withdraw his majority vote from the decision...
At least three of the photos show the men posing and smiling at seaside locations and sitting at an outdoor restaurant.
It's unknown who took the photos, which were dated July 3-5, 2006 - a time when Massey had an appeal pending before the Supreme Court...
In his memo released today, Maynard said he worries that the controversy that the photos have caused is the sole reason he's stepping aside.
"Above all else, I am very concerned about how the public views this court," Maynard wrote. "Without question, the judicial branch of state government should always be held in the highest public confidence and trust. The mere appearance of impropriety, regardless of whether it is supported by fact, can compromise the public confidence in the courts. For that reason - and that reason alone - I will recuse myself from this case."
You will only read about this issue in my BLOG. Now I know how Junior feels. I doubt that the Star or any other of Windsor's media will report this matter either. Just like the Lewenza Ward meeting was a non-event.
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