As Mayor – Head of Council under sections 225 and 226.1 of the Municipal Act, I am required to address a sensitive matter, based on concerns raised to me by the public for which I have very few answers. Per our Openness, Transparency & Accountability policy (bylaw 07/64) attached. This concern should be addressed in Open Council.
I will not speak to specific identities, but rather only to general processes, procedures and policies and ask that Council be cognizant of this if choosing to reply.
Recently the Town of Erin hosted a celebration, some 200-300 guests were invited. Talk of the celebration has spread through Town and the Mayor has been asked questions, either by residents who attended, those who wished to attend but were not invited, or by those who just heard about the celebration afterwards.
Absolutely a celebration (recognition) of some fashion should have occurred, but how this all came about without Council approval is concerning on a procedure/policy basis.
These 2 questions as Mayor I could answer
Q. Did Council discuss/approve the celebration or expenditures? I answered NO
Q. Did I as Mayor, provide direction or approve/endorse the celebration or expenditures? Again I answered NO
A month prior to the celebration, I received a general invitation sans specifics and a day before the event a request to bring greetings. Other than that, Staff did not request any input from the Mayor. Although in asking staff for answers to the public’s questions, It’s been suggested some Councillors were consulted, provided direction & approvals.
The following is a synopsis of the questions the Mayor was asked following the celebration. My answers to many of these questions initially was " I don't know". But I promised to find out. Most appreciated my honesty, many in disbelief stated " What do you mean you don't know? …you're the Mayor". This putting the Mayor in a position where he does not have the answers, seems to happen too often.
Question’s asked:
Q1: How much did this celebration cost ? and who paid for it… the taxpayers ?
Initial Answer – I don't know. Adding up some invoices for which I signed cheques, I could guess-timate about $5,000.00 – recently confirmed. As for the taxpayers paying? It appears so. The Town does not have a Social fund deduction from which to support these celebrations. Nor does it appear that those attending chipped in to cover costs.
Q2: Was the celebration advertised on the Town’s website or in the local press so the general public could attend if they so wished?
Initial Answer, I don't know. Have since been advised NO, not advertised for the public.
Q2b: If not advertised, by what selective process were the quests invited?
Answer – – Still do not know.
Q3: Was this celebration approved in the budget? Since it was not approved by Council – from what pot of money was the funding obtained? With the approval of whom?
Answer –: Celebration was not a budget allocation for 2012 – Per other 2 questions – No answers yet -although I have asked. Not sure if our Procurement policy permits this -does not seem to, should be approved in budget. Policy attached.
Q4: There was entertainment, gifts presented and was staff time allocated for this celebration. How were these paid for? Taxpayer again?
Answer — Still not fully certain -appears to be taxpayer. A regular reply from Staff seems to be that certain Councillors approved expenditures. How can only certain Councillors approve expenditures? – Not Council as a whole? See Procurement Policy – not permitted. A number of Staff have suggested this scenario. If this actually happened, Councillors need confirm/deny and or explain? I do not think individual Councillors can approve expenditures only Council can do that? For gifts. Is the Employee Long Service Award Policy the guideline here?. If not what policy is?
Per the Procurement (Purchasing) Policy, #2," the purpose of the policy" – provides some direction. 3.2 General provisions, particularly 3.2.3 – was this adhered to? #4 Purchasing Responsibilities, 4.1 expenditure authorization, especially 4.1.1 designates authority. Also 4.2.2 – resolutions are important 4.3 &19.1 are good points as well.
Certainly some type a Celebration was warranted. How this evolved into what it became, without Council approval is problematic. Especially when it appears, it was all taxpayer funded, as such the taxpayer has a right to know how their money was spent.
I am not sure if the Procurement Policy applies in principal for this celebration, nor does it support the lack of approvals, or the outcome. It does seem to provide some guidelines/direction though. E.g. the policy states under 4.1.1 "Council has ultimate authority for ALL expenditures". Furthermore, Treasury cannot pay for an item that has not been authorized by Council through Budget appropriation or specific resolution. So please explain how $5,000 of taxpayers money was spent on this celebration without Council approval ? Without the Mayor knowing at all, till he signed cheques ?
4.2.2 elaborates …Resolutions approving Budget amendments, capital expenditures or special appropriations (perhaps a celebration), shall contain purpose of expenditure, costs, estimates or expenditure limitations and the fund from which the appropriation has been provided. Please indicate how & when this was done?
Furthermore all staff reports recommending such resolution shall contain the Department heads endorsement. OK, so someone is accountable? I am not sure if these provisions were adhered to? It does not seem so, because as such, Council should have approved before proceeding ?
So had these policies been followed, the Mayor would have been able to answer the public questions with facts Not with "I don’t know, but I will find out". Nor would I have invest my time to write this report seeking to obtain the answers I promised the taxpayers. All of Council would know the facts.
I am not sure if we need develop some new Celebration guidelines/policies or if the Procurement Policies suffice? Perhaps new policies are needed as some Staff have suggested, this is how past celebrations were staged. Something for Council to consider as per Council is ultimately responsible.
I propose this a resolution to receive the answers to the taxpayer questions, which perhaps also provides some direction moving forward on this.
PROPOSED RESOLUTION:
That Staff be directed to provide a full accounting for this Town sponsored Celebration held April 28th 2012. That the accounting explicitly detail all expenses incurred, including any fee's waived, staff time allocated and any and all other costs incurred to proceed with this celebration.
Furthermore that Staff indicate what approval processes were undertaken to authorize these expenditures and from what funds payment was made.
And finally that Council as governing approval body consider it's and staff's role in this celebration and what procedures and policies perhaps need to be re-addressed so not to further permit perceived exceedences of 4.1.1. & 4.2.2. respectively and lastly what accountability measures should apply and to whom.
Council please assist me in understanding how this expenditure was approved without Full Council participation. Other than being invited and asked to bring greetings as the Mayor, Head of Council, I was not involved nor consulted in this at all.
Greatly Concerned,
Mayor Lou Maieron
