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BUSILY SAVING PAGES

SAD DAY - A LANDMARK LOST

THE LORNE HOTEL IN COMOX TODAY. 

A RETURNING VISITOR

The Local Comic Relief is Back

Heeeeerrrrrrrreeeeee'sssss Barb.

Christ, I get such a laugh out of this crazy bitch's rants.  I hope she sends the letter to the editor.  The wacky clone wife who's in a constant state of outrage.

C'mon Barb, you must be just warming up.  Share your wisdom with those "who have too much time on their hands, continually forming destructive societies".  


Can't wait for the second installment - Batshit crazy!

 

READY TO HOLIDAY

 

ANOTHER BLAST OF SNOW

We're in a snowglobe!  Chilly temps, but of course not anything like Edmonton and Grande Prairie.  I'll take the weather here any day over what those fools choose to endure.  Here's the webcam Phil Edgett has on his website.
http://exeter.lazo.ca/cgi-bin/dynamic_cam.php

It's good to be inside with a nice warm woodstove on a day like today.

WORTH REPEATING

As electors, we must know what limits those who represent us have, in order to avoid costly mistakes due to ignorance, etc.  We need to educate ourselves regarding bylaws and rules in place to protect each and every one of us.

We must insist these bylaws and rules are followed by all, otherwise we have nothing to rely on to protect us from abuse of these rules.  If bylaws and procedures are not followed consistently, abuse of authority can take place.  

For instance, your water could be cut off without notice, leaving you no other option than to retain a lawyer in order to have it reconnected.  You could then be sent the bill for the original disconnection, plus the reconnection fee.  If you refuse to pay for the disconnection, which you feel was illegal, you could receive a notice that your water would be disconnected again.  

If those who make these decisions disregarding the bylaws and procedures are the authority - you have basically lost your rights as you cannot refer back to the bylaws.  There is nothing to protect you from abuse by those in authority because the bylaws are only enforced at their leisure.

We need to be informed and demand bylaws, rules, procedures are enforced consistently and fairly to every single person.  It is unacceptable and undemocratic to pick and choose when and who will be treated fairly.  

Those who choose to violate their position must be held accountable.  If money is spent unlawfully, legal action must be taken to recover the funds and those responsible must face the consequences.  Anyone who abuses their position in violation of the standards set out and expected, must be removed to avoid further damage to those whose trust they have violated.  

The individuals who form the government must ensure they read the bylaws, procedures, and rules to govern effectively.  Ignorance is no excuse and displays a lack of concern or arrogance by an individual who has accepted a position to represent the electorate.


Whenever these individuals are unsure of their position, they have the resources available to advise them, such as a law firm specializing in government.  The law firm is consulted for legal matters and to advise conduct of those elected to office.  When in doubt, the law firm would be the source to provide answers such as matters of Conflict of Interest.  Any elected official should educate themselves regarding conflict of interest or perceived conflict of interest issues.  If an elected official was accused of a conflict of interest, they should seek legal advice, otherwise, how would they know if they weren't in a conflict?

A government body is expected to act in the best interest of those they represent.  It is a position of Trust.

Consequences of Illegal Acts
The consequences of a council taking any ultra vires (Latin for "beyond the law") action without having the necessary power to do so are serious. Such actions expose the municipality to litigation that can be very costly and often unnecessary. The Courts can declare bylaws invalid and award financial damages to persons who have incurred them because of unlawful actions by Council.  

The costs can add up: in addition to paying damages, there are court costs and the fees of pposing counsel as well as the municipality’s own. There is also the administrative downtime to be considered. Of course, all of this falls on the taxpayers so the effects can be political, as well. 

In some cases an illegal act by a Council can result in a lawsuit against its individual members.  For example, section 191 of the Community Charter states that a council member who votes for a bylaw or resolution authorizing the expenditure, investment or other use of money contrary to that Act is personally liable to the municipality for the amount, unless the council member relied on information supplied by a municipal officer or employee who was guilty of dishonesty, gross negligence or malicious or willful misconduct in that regard. The money may be recovered for the municipality from the council member, who will also be disqualified from holding office. 

A Winter Wonder Land This Morning

A bad day for those traveling on the highway though.  The black car hit the parked car of my neighbor.  It's slippery out there.

 

And 24 Hours Later

UPDATE

I was advised Feb. 7, 2011, I have been assigned an investigator by the Ombudsperson Office to start an investigation into my complaints.  Very good news. 

On one of the matters, I am to return to the Provincial Privacy Commissioner's Office to initiate a new complaint.

2005 and 2011  (ignore baldy - wanted to keep the pic original) Since he doesn't have a life - enjoy Uncle Fester - more to come.

Students free to call teacher fat and worse on Facebook

1:30 pm February 2, 2011, by Maureen Downey

Here is yet another story about the free speech questions raised by Facebook postings by students. A California student won his legal challenge of a school suspension for writing on Facebook  that his honors class biology teacher  was  “a fat ass who should stop eating fast food and is a douche bag.”

The school charged student Donny Tobolski with cyberbullying and suspended him. But the teen’s mom called in the ACLU, which argued that the suspension violated the student’s free speech rights.

“Schools, tasked with the important role of teaching our youth about civic engagement, send the wrong message when they fail to live up to our country’s founding principles,” wrote the ACLU in a letter to the district.

The ACLU cited the 1969 U.S. Supreme Court ruling in Tinker v. Des Moines in which Justice Abe Fortas wrote, “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”  In its letter, the ACLU noted that Donny posted the Facebook comments from his home computer outside of school.

Now, the school has backed down, noting that Donny’s comments were not disruptive and did not constitute cyberbullying.

http://blogs.ajc.com/get-schooled-blog/2011/02/02/students-free-to-call-teacher-fat-on-facebook/?cxntfid=blogs_get_schooled_blog

Note:  ACLU is the American Civil Liberties Union.

IMPORTANT INFO FROM LAW FIRM

The lawfirm of Staples McDannold Stewart   provides valuable information on their website.
http://www.sms.bc.ca/thefirm/thefirm.html

The following are excerpts from:
A Handbook for Municipal Councils
Under the Community Charter
and the Local Government Act
November 2008

Your Legacy
Just remember this: you are elected to govern in the interests of the entire community, not to further your personal interests.  Surely you want the community to remember you for what you contributed to it and not for what you took out of it.
 
Unlawful Actions
Legal Limits
A municipal council must know its legal limits before taking certain actions, for example, spending money on municipal services and other matters; enacting bylaws and passing resolutions to govern the conduct of its citizens; imposing taxes, fees and charges; disposing of its assets; and controlling property rights.

Typically, municipal officers have a good general knowledge of the limits on general powers and of the specific areas that they work in. Where there is any doubt, the municipal solicitor should be consulted for advice. This is also true for activities that are novel, complex or contentious or where council is averse to risk. 

Consequences of Illegal Acts
The consequences of a council taking any ultra vires (Latin for "beyond the law") action without having the necessary power to do so are serious. Such actions expose the municipality to litigation that can be very costly and often unnecessary. The Courts can declare bylaws invalid and award financial damages to persons who have incurred them because of unlawful actions by Council.

The costs can add up: in addition to paying damages, there are court costs and the fees of opposing counsel as well as the municipality’s own. There is also the administrative downtime to be considered. Of course, all of this falls on the taxpayers so the effects can be political, as well. 

In some cases an illegal act by a Council can result in a lawsuit against its individual members. For example, section 191 of the Community Charter states that a council member who votes for a bylaw or resolution authorizing the expenditure, investment or other use of money contrary to that Act is personally liable to the municipality for the amount, unless the council member relied on information supplied by a municipal officer or employee who was guilty of dishonesty, gross negligence or malicious or willful misconduct in that regard. The money may be recovered for the municipality from the council member, who will also be disqualified from holding office. 

..............................................................................................................
Note: I have inserted section 191 of the Community Charter for your information.

Liabilities for use of money contrary to Act 

191  (1) A council member who votes for a bylaw or resolution authorizing the expenditure, investment or other use of money contrary to this Act or the Local Government Act is personally liable to the municipality for the amount.

(2) As an exception, subsection (1) does not apply if the council member relied on information provided by a municipal officer or employee and the officer or employee was guilty of dishonesty, gross negligence or malicious or willful misconduct in relation to the provision of the information.

(3) In addition to any other penalty to which the person may be liable, a council member who is liable to the municipality under subsection (1) is disqualified from holding local government office for the period established by section 110 (2).

(4) Money owed to a municipality under this section may be recovered for the municipality by

(a) the municipality,

(b) an elector or taxpayer of the municipality, or

(c) a person who holds a security under a borrowing made by the municipality.

..................................................................................................................................................................


Legislative Origins of Local Government
Creation
Local government has no original legal capacity, i.e. no power to self-incorporate, but is a "creature of legislation". Municipal corporations are created by the provincial government, by a formal Act of the Legislature or by Letters Patent issued by the Lieutenant Governor in Council (the Cabinet).  

A local government in British Columbia is more often incorporated by the issuance of Letters Patent. These establish the boundaries, the size of the Council and a number of start up matters, such as the timing of the first election. Some incorporation occurs by an Act, e.g. Resort Municipality of Whistler.  

Forms of Local Government
In B.C., local government takes the form of cities, towns, villages, districts, regional districts and improvement districts. Separate Acts govern other forms of local government, such as school boards and greater water and sewer boards. Section 17(1) of the Local Government Act
classifies municipalities as follows:

  17  (1) A municipality must be incorporated as follows:
        (a)   as a village, if the population is not greater than 2 500;
       (b)   as a town, if the population is greater than 2 500 but not greater than 5 000;
      (c)  as a city, if the population is greater than 5 000;
      (d)   despite paragraphs (a) to (c), as a district municipality if the area to be incorporated is greater than 800 hectares and has an average population density of less than 5 persons per hectare. 

Powers
While local governments do have legislative powers, i.e. the ability to pass bylaws, those powers are limited to the powers granted by the Legislature by way of statutes, such as the Community Charter, and other forms of legislation, such as orders in council. 

Local governments now have “natural person” powers and some of the powers that corporations have generally, but of course, natural persons and ordinary corporations do not have legislative, taxation or regulatory powers. The provincial government must specifically grant these powers
to local government. 



Governing Legislation 
 
The Community Charter
The Community Charter came into force on January 1, 2004 and replaced the Local Government Act, in respect of the establishment of the purposes, powers and governance of municipalities.   

There is a misconception that the Community Charter sets no limits on municipal powers and hat anything goes. Not so! There are many limitations in the Charter and the so-called “broad powers” have yet to be tested in the courts. Even the “natural person” powers, as applied in
other provinces, are still relatively new and untested. In the taxi case out of Alberta, the Alberta court used the old rule of interpretation that a power has to be expressly granted, but the Supreme Court of Canada overturned this in favour of the “broad powers” approach.

The Local Government Act
The Local Government Act continues to govern the incorporation procedures of local governments, amalgamations and boundary changes. It also governs the incorporation of and the purposes, powers and governance of regional districts and improvement districts. It continues to contain the procedures for local government elections, including referenda, as well
as the powers and procedures for community development (planning and zoning). 

Other Enactments
Be aware that there are many other provincial statutes and numerous regulations affecting local government, for example:
Financial Disclosure Act
Freedom of Information and Protection of Privacy Act
Motor Vehicle Act
Environmental Management Act
Fire Services Act
Health Act
etc