Evidence that a Conflict of Interest Occurred During the April 16, 2013 Council Meeting

I finally got a chance to view the Monday council meeting and was left with a niggling feeling that something wasn't right about the whole affair.  That little feeling lingered and so I decided to do some google searches on the Internet.  What I found is very disturbing.

Here is the background for anyone who did not view the Newmarket council meeting of April 16th.

The meeting opened up with questions about Regional Council being "up front" about disclosing his pecuniary interest (or in other words, a potential conflict of interest that involves monetary gains for the Regional Councillor, or potentially a close family member, such as a spouse, child, or parent). 

Much of the conversation has to be inferred because someone shut off the microphone for Ward 6 Councillor, Maddie Di Muccio.  For most of the discussion, viewers heard only the Mayor and Regional Councillor speak. 

From what I understand, the week previous, the Regional Councillor declared a pecuniary interest relating to a presentation on e-bike.  Reviewing the minutes from the committee of the whole meeting posted on line on www.newmarket.ca, there was a presentation by Paul Gingl (make special note of that name)  of BionX to council.  As Councillor Di Muccio states, the nature of Regional Councillor Taylor's disclosure was that he acted as a "consultant" for "an e-bike company". 

Councillor Di Muccio stated that she had a document that shows, not only that Regional Councillor John Taylor was a "consultant", he was actually the "Director of Community and Government Relations" for BionX, (the company that was presenting to council).  I imagine that Councillor Di Muccio was referring to this document that I found on-line with a google search:  http://www.greeninggovernment.ca/agenda/agenda.html.  This item is an agenda for the Greening Government Conference in June 2011 where Regional Councillor John Taylor is indeed listed as a director of BionX. 

I happen to agree with Councillor Di Muccio's position that there is a significant difference between being a "consultant" vs. a "director" in the corporate world. A director implies senior management level decision maker.  However, apparently Mayor Van Bynen did not see the distinction and demanded that Councillor Di Muccio apologize for asking Regional Councillor Taylor to be "up front" about his pecuniary interest.

Not so fast, Mr. Mayor.

This matter is far from over.

Later in the April 16th meeting there was a recorded vote about an confidential item relating to naming parks.  The vote was recorded as 8 for and 1 against.  The one person against being Councillor Di Muccio.  After the vote, Councillor Kerwin asked for the names to be disclosed and it was revealed that Frank Stronach Park will be named in Ward 1.  (Make a special note of that name).   

I thought I recognized the surname Gingl from the minutes of previous meeting so I googled Paul Gingl. Sure enough, Paul is the son of Manfred Gingl.  Manfred Gingl is the former president and CEO Magna International.  Who grew up with Manfred Gingl and is considered to be a close friend and confidante?  Frank Stronach. 

So then I googled BionX, Manfred Gingl, and Frank Stronach and a Canadian Business article from November 2011 popped up.  The article was written by Matthew McClearn and the article was titled Frank Stronach's Electric Kool-Aid.  Here is a quote from that article:

“It was always a dream between Frank and myself to have our own product line,” Gingl told those gathered on the waterfront. The pair controls BionX, with Magna owning a minority stake.

So we've established that Regional Councillor John Taylor worked as the Director of Community and Government Relations for BionX in June 2011 (and perhaps later as he admitted to in his comments on April 16th).  The Regional Councillor felt that this relationship with BionX was significant enough to declare a pecuniary interest on the deputation by Paul Gingl. 

According to the Canadian Business article of November 2011, Frank Stronach and Manfred Gingl control BionX with a minority share owned by Magna. 

Yet, when it comes to naming a municipal asset after the majority partner of BionX (who was - and could still be - his employer/ client), Regional Councillor John Taylor did not declare a pecuniary conflict and he actually voted in a recorded vote about that matter. 

There is no way that Regional Councillor Taylor would not have known about Mr. Stronach's involvement ni BionX as it was a very simple google search that revealed this connection.  In 2011, BionX operated out of the Magna Campus.  So it seems he really has no plausibility to claim he was ignorant that Mr. Stronach was signing his cheques. 

I don't know if Councillor Di Muccio was familiar with these details and that is why she asked for a recorded vote and then voted in the negative.  Mayor Van Bynen made comments that he was familiar with the Regional Councillor's extra curricular employment so it wouldn't surprise me if he was just covering for his ally (which would explain why Councillor Di Muccio's microphone was turned off and why he spoke over her when she attempted to explain her case). 

While Mayor Van Bynen may be able to control the debate during a council meeting, he can't silence the Internet.  The facts are the facts.  This man is a seasoned politician and he understands his obligations under the Muncipal Conflict of Interest Act (as he showed by declaring the pecuniary interest in relation to the presentation on e-bikes).  Regional Councillor Taylor had the exact same pecuniary interest to declare with regards to the vote on Frank Stronach Park.  He failed to declare it and he voted on the matter in a recorded vote.  In my opinion, that is a clear "conflict of interest" under the Municipal Conflict of Interest Act (here is the link if you want to look it up:  http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90m50_e.htm)

As we learned during the Rob Ford court battles, there is only one remedy for a politician who is found in violation of the Municipal Code of Conduct Act, and that is removal from office.  I think Regional Councillor Taylor should avoid the embarrassment and the cost to taxpayers of an investigation and court battle with an inevitable outcome.  He should simply resign.  And while he's heading out the door, have him do one more nice thing for our community by taking with him his DUI-convicted friend, the Ward 7 councillor.