25-February-18-2021

Vol. 8, Issue 25 Newsstand Price $1.50 per week Thursday, February 18, 2021 STAR STRUCK Ombudsman faults Plympton- Wyoming for meeting in private to fill council seat Heather Wright The Independent Plympton-Wyoming broke rules for in camera meetings when it decided privately to appoint a new councillor in June instead of holding a by-election. Ontario’s Ombudsman, Paul Dube, said there is no reason talking about the process to fill a council vacancy – a matter of public interest – should have been a private discussion. That has Plympton-Wyoming’s mayor musing whether there should only be one option to fill a vacant council seat. Dube investigated a complaint filed in August about the appointment of Mike Vasey after council declared a seat vacant when long time Councillor Ron Schenk died. In a lengthy decision released Feb. 10, Dube said the council should not have decided in camera (a private meeting of council) to appoint a new councillor instead of holding a by election. He did say their discussion about two people who had expressed interest in the seat could legally be held in camera. PHOTO CREDit Under the Municipal Act, all meetings of council, local Dylan Webster sets up his telescope with his camera and points it to the sky at his dad’s house on Churchill Line. boards, and committees of council must be open to the The LCCVI student has been photographing stars and galaxies for about a year and is submitting his awe inspiring public, except for some very specific circumstances results to contests for amateur astronomers at NASA. See Story Page 8. including receiving legal advice, property matters or dealing with personal matters. The June 24th meeting listed a discussion about a personal Couple wants retreat to save families from ‘heartbreak’ issue, where the Ombudsman found the council talked about Heather Wright and his family.” Authority which says it is a protected how to fill the vacancy. Dube said staff presented a report The Independent The family wanted to do something woodland. outlining the town’s options to fill the seat and how the issue in his memory and settled on building The family says it is “keenly aware” had been handled in the past. The 2018 election results were A Dawn-Euphemia couple is hoping a cabin in a 50 acre bush on Shetland of the need to preserve the land but also included. township council will help them Road which they own “to be used as a want to move forward. “It is our “Council subsequently discussed the two individuals who realize a dream to honour their son. retreat for first responders and farmers hope to make a positive difference had expressed interest in the position... Those we spoke to Dalles Bergsma, a farmer who was primarily, who might be in need of in the lives of others and prevent this recalled discussing the individuals’ personalities and if they a member of the Dawn-Euphemia respite. heartbreak from devastating other would be well-suited for a council position,” writes Dube in fire department, died by suicide in “Both of theses professions have a families.” the decision. November. very high rate of suicide...The intent The Bergsmas asked council to work Dube says councillors considered a motion to appoint His parents, Al and Diane, say he is to provide a welcoming place free with them to find a way to realize their a new councillor, but a formal vote was not taken. The was a “dedicated husband, farmer and of charge for members in these groups dream. councillors interviewed by Dube, he says, agreed there was volunteer firefighter. who need a time to rest and recharge Council agreed, saying the project consensus on making an appointment. “In his life, he made it his mission to and heal.” is important. Staff will work with But staff told Dube a slightly different story – a story he decided was not true. look for ways to contribute to the lives But they’ve run into a road block the county planner to see how the SEE SENSITIVE PG 2 and safety of others in the community with the St. Clair Region Conservation woodland retreat can be built. THE FUTURE OF YOUR LOCAL NEWS IS AT STAKE This time it’s David versus TWO Goliaths Google and Facebook, the global corporate giants, use their monopoly power to pocket up to 80%* of online advertising revenues. These modern-day Goliaths also benefit from news content produced by Canadian journalists and publishers. Reporting real news costs money. Local newspapers are entitled to fair compensation. Governments in other countries are standing up to Google and Facebook. It is time for Canada to level the digital playing field for local news. Learn more at: levellingthedigitalplayingfield.ca * Canadian Media Concentration Research Project, 2020 T:5.7" 2 – The Independent of Petrolia and Central Lambton Thursday, February 18, 2021 Independent up for six provincial awards The Independent dismissal of three top firefighters in Wyoming, Photographer of the Year The Independent of Petrolia and and Columnist of the Year for her Central Lambton is up for six awards weekly page 4 missive. in the Ontario Community News- The Lambton County newspaper paper Associations’ Beter Newspaper has also been nominated for Feature Awards. Writing for an article on the trials The newspaper has been nomin- of personal support workers in long ated for General Excellence in the term care and Best Sports Section. small newspaper class. The award The Sarnia Journal was the only recognizes the quality of all aspects Lambton County newspaper in the of a newspaper. The Independent’s running with three nominations. competition is the Haliburton County Tara Jeffery, Cathy Dobson and Troy Echo and the Deep River North Ren- Shantz are all nominated for their frew Times. reporting. Heather Wright has also been nom- The award winners will be an- inated in the Best Investigative News nounced in April in a virtual cere- Story for the ongoing coverage of the mony. Sensitive info not a reason for secrecy: Dube CON’T FROM PG 1 “I understand that council felt the “According to the staff member, subject matter discussed during this the purpose of the June 24 meeting meeting was sensitive. However, was to receive legal advice related to the closed meeting exceptions are one of the individuals interested in not intended to shield council from filling the council vacancy. According the public’s scrutiny of sensitive or to the staff member, council had contentious topics. It bears repeating decided to proceed with filling the that the exceptions in the Municipal council vacancy at a previous council Act are to be interpreted and meeting, but did not provide my applied narrowly, to maximize the Office with the date of that meeting,” information discussed in public. wrote Dube. As stated in my Office’s 2014 “The staff member told my Office report about the City of Welland: A harmless that staff had sought legal advice Although there may have been a prior to the meeting. They said that desire to maintain confidentiality this legal advice was discussed by in order to protect various interests council in camera on June 24, and of the city, I must emphasize that council also discussed potential again that council cannot bring a coffee break litigation involving the individual. matter in camera simply because it is One councillor out of the six council considered sensitive or confidential or members had a similar recollection of potentially against the city’s interest T:13.5" the meeting. to discuss it publicly. Matters can “The other five members of council only be discussed in camera if they fit can do more we interviewed did not indicate squarely within the exceptions to the that legal advice was received or open meeting requirements.” discussed during the closed session,” Dube recommends council make says Dube. sure it follows the rules of the harm than “The clerk told my office that Municipal Act and be aware of what council did not discuss any potential topics actually can be discussed litigation or legal advice during the privately. closed session. In fact, according to He also urged council to make sure the clerk, staff had not sought legal it clearly identifies the issue it is you think. advice prior to the June 24 meeting talking about in camera, the direction and, therefore, there was no legal given to staff and formally vote on advice to discuss.” the record “so there is no confusion The Ombudsman concluded there on what direction or procedural was no legal advice discussed. matter was voted on during the When asked by The Independent if properly closed meeting of the the staffer who told the Ombudsman council.” a legal opinion was discussed, Mayor There are no penalties attached to Lonny Napper said he would not be the Ombudsman’s finding, however drawn into discussing that. council is expected to write a report Dube ruled that while discussing on how it will deal with the issue in the actual candidates for council the future and place it in on a public and their personalities was properly agenda. discussed in camera, the discussion Napper, in an interview with The and decision about appointing a Independent, said it may be time councillor instead of holding a by- for the Municipal Act to eliminate election should have been open to the options for filling a councillor seat. public. Currently, the council of the day “A council vacancy is generally a choses whether another election is topic of public interest. There is no held, if the runner up from the last Wear a mask, wash your hands reason why discussions involving the election is installed or if someone is process by which the vacancy is filled appointed.

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