Erin Mayor Lou Maieron’s position on the Credit Valley Conservation (CVC) board could be in question, pending a recommendation from a three-member committee regarding his refusal to sign the board’s code of conduct.
Both CVC chairman Pat Mullin and CVC vice-chairman Joan Robson spoke at length about what has led to this moment.
Mullin calls it an unfortunate situation, and something which has not happened before during her 28 years with the CVC.
She explained part of the issue stems from the April CVC meeting, during which Maieron put forth several resolutions that dominated the majority of the time set aside for the meeting, and part is related to Maieron’s refusal to add his signature to the board’s code of conduct.
Mullin noted each of Maieron’s motions was voted down by the majority of board members, with the exception of having staff take a look at the elections process.
Mullin said the situation with Maieron has escalated since the 2013 elections for the chairman and vice chairman positions. In 2012, Maieron was elected as one of two vice-chairman positions. However, this year he was removed from that post after losing a board election.
Maieron has questioned the procedures used during that election, and further requested those results be declared null and void.
Mullin noted that it was only in recent years, the board chose to have two vice-chairmen – and for the past few years the position was acclaimed. This year, however, there were three nominations.
Board members were asked to submit two ballots for the positions – each ballot was to have a different name. Mullin stressed the results were carefully tabulated.
“I saw no confusion in the process,” she said.
She said the other issues Maieron has brought up deal with the transparency of board operations.
“I don’t think we can be any more transparent,” said Mullin.
She noted one of the items she initiated was a public question period at the end of each meeting. And, she added, there are questions posed by the public at almost every meeting.
Not all municipalities have part of regular meetings set aside for questions from either the public or the media. For example, Centre Wellington does, while Erin does not.
As to the issues raised by Maieron, Mullin said the Erin mayor had questioned why minutes were not taken of the in-camera (closed door) meetings.
Mullin stated she sits on Peel Regional council and as a Mississauga city councillor.
“We are only allowed to go in-camera for a certain number of things … (such as legal opinions or staff negotiations).” She explained that when the board moves in-camera, the reasons why are stated.
“It is important that those discussions remain in-camera,” Mullin said, adding if anything comes out of the in-camera session, it is brought forward during the public session.
Mullin then noted the April meeting was the second time the board’s lawyer came before council to explain why minutes are not taken during the in-camera discussions.
As to the Code of Conduct issue, the code was passed last year by the CVC board, Mullin explained.
Under its passage, board members were required to abide by, and to sign the code. Mullin agreed that during the discussion, Maieron and others voiced concern with the code.
But, “The long shot of it was that it was supported and passed by the board.”
There was some confusion whether all members had signed the code and it seems one endorsement was misplaced and that board member has since re-signed the document.
That leaves Maieron as the sole member of the board who has not signed the CVC board’s code of conduct.
Mullin said a three-member committee was set up to determine the ramifications of Maieron’s refusal to sign.
She said those discussions are underway, but stressed board members would rather be dealing with the business at hand affecting the board.
She noted 92 per cent of the board’s funding comes through the Region of Peel, which is currently looking at ways to trim its spending to keep it below the rate of inflation.
“We are being asked to do more with less,” Mullin noted.
She added limited provincial contributions means funding remains a huge issue for the CVC and conservation authorities across the province.
“It is important that we get on with what we are there for,” Mullin said, acknowledging there is a level of frustration at the board level.
She, like other board members, want to be able to prioritize issues and move forward, she said.
Vice-chairman Joan Robson offered a more candid expression of that frustration.
“Since Lou has been on the board, he’s appeared to have an agenda of his own,” said Robson.
She noted that in 2012, one of the board members chose not to run for the vice-chairman position, and that Maieron ended up with the position by default.
Since then, she accused Maieron of wasting the board’s time during meetings by raising items unrelated to meeting agendas.
In January, when Maieron lost out on the vice-chairman’s position, “Lou was livid,” Robson said.
She said Maieron questioned the election process and the rules used and sent out lengthy emails regarding the Municipal Act. However, conservation authorities are not governed under the Municipal Act.
Robson said that in March, Maieron raised the matter again and “was questioning everything.” She said Maieron contended the whole process being used by the board “was wrong”.
Robson contends the issue is not so much about the additional $5,000 for the vice-chairman’s position, but “his ego was badly bruised.”
“We had an election, and he did not like the results,” Robson said, adding she was “miffed” at the various resolutions Maieron brought before the board in April.
She contended that Maieron’s refusal to sign the board’s code of ethics might be part of the reason he was not re-elected.
“I feel the people of Erin are entitled to know how much tax dollars are being wasted (as a result of Maieron),” said Robson.
She estimated that upwards of $80,000 has been spent in staff time researching the merits of Maieron’s “wild ideas.”
She also pointed out municipalities throughout the watershed are paying for such wasted time, as one of the main sources of revenue for the CVC is the municipal levy.
She noted many options exist for the three-member committee to use deal with Maieron’s refusal to sign the code of conduct. Robson said those could range from “a slap on the wrist to a docking of pay … to asking the municipality to request someone else to be its representative.”
(Credit Valley Conservation is governed by a board of directors comprised of municipal representatives from Peel Region, Halton Region and Dufferin and Wellington counties).
A decision could be handed down as early as the group’s meeting in May.
Maieron contends the code of conduct was created through a convoluted process culminating with its passage last year. At the time, two members of the CVC board voted against the document, Maieron being one of them.
“I voted against it because I had a number of concerns the board did not want to address,” he said.
He noted he had similar concerns when the Town of Erin was drafting its own code of conduct. While the town hired a legal consultant, Maieron was uncertain whether the CVC document was ever reviewed. He said one of his main concerns was bringing in the code of conduct mid-term and there were no plans for an integrity commissioner. Instead, Maieron said, there is a three-member committee.
Another one of Maieron’s concerns was that part of the CVC conduct states that while on the board members could take no actions against the board.
“I feel there was collusion in the process – directed at me,” Maieron told the Advertiser.
Further, he maintained that a signing requirement “hampers my constitutional rights as a person.”
Even though the code was passed in the middle of 2012, Maieron has yet to sign the document, and has no plans to do so. He said it seemed strange that it did not appear to be an issue until recently, following the 2013 elections for the two vice-chairmen positions.
Maieron further has issues with the board not maintaining in-camera agendas or minutes from those meetings.
“How do you move forward on issues without that information?” he asked, noting the CVC has a $46-million budget and 130 to 140 employees.
He agreed the Conservation Act has no requirement for a closed meeting investigator. However, Maieron also said the CVC board “has no procedural bylaw of merit.”
He said after two months of frustrations trying to be heard, he sent letters to both the Ministry of Natural Resources and the premier’s office.
He said apparently the Toronto Star got wind of it and ran a story. Maieron said the CVC board was not happy.
“All of a sudden the code of conduct became a big issue. I’ve not violated the code in any way, other than not signing it.”
He questioned whether he could be compelled to sign a document he considers to be flawed.
“They have nothing on me,” Maieron declared.
He said the board’s main concern is that he won’t sign off on the code of conduct.
Maieron also had numerous questions about the manner in which the vice-chairmen elections were held this year.
He claimed that when he was first elected last year, he did not realize the position came with an additional $5,500 per year.
Maieron stated, “It is not right to be getting roughly $500 per meeting and I did nothing.”
He clarified that while he had asked for additional work, the vice-chairman position was essentially one without assigned duties.
“I was about to send the money back …” but then Maieron stated no one else had.
He maintained “It is not sour grapes – it is the voting method.”
This year, with three people running, only a single ballot was cast by board members.
Board members were asked to submit two names, but were not allowed to vote for the same person twice.
“Why not?” asked Maieron.
He argued the new voting approach was planned in advance, but board members were only told at the last minute. He said he was not the only board member who thought the approach was unorthodox.
“People have forgotten that we were elected to serve the public, not to act like an old boys’ club,” said Maieron.
He is adamant that he will continue his fight, and has stated that may include a court battle.
“I didn’t start this fight,” Maieron said. “I’m not going to sign (the code) as a point in principle.”
