In Theoretical Terms:
Community Charter
[SBC 2003] Chapter 26
Part 5 - Municipal Government and Procedures
Division 5 -Officers and Employees
Officer Positions
146 A council
(a) must, by bylaw, establish officer positions in relation to the powers, duties and functions under sections 148 [corporate officer] and 149 [financial officer],
(b) may, by bylaw, establish other officer positions, and
(c) may assign powers, duties and functions to its officer positions.
Chief Administrative Officer
147 A bylaw under section 146 may establish the position of chief administrative officer of the municipality, whose powers, duties and functions include the following:
(a) overall management of the operations of the municipality;
(b) ensuring that the policies, programs and directions of the council are implemented (my emphasis);
(c) advising and informing the council on the operations and affairs of the municipality (my emphasis).
In Simple Terms:
Council originates - the chief administrative officer (CAO - in Nelson commonly referred to as city manager) - under (b) above - implements what Council originates!
This has become (more of) an issue recently, with CAO Cormack possibly confusing the position of CAO (administrative) with that of a corporate CEO (executive) - an elsewhere rather different reality!
More specifically: Mr. Cormack making decisions commonly made by Council - bypassing the legally nailed-down process and either justifying his actions very superficially or not at all. It's a Harper thing.
Following examples are only of the who/how in decision-making - not a perceived benefit/lack-of-benefit of a project.
1. Script: Baker St. Amenities Redo
Basic premise:
Many had it then, have it now much more tangibly - the whole thing has been a slick bundling of issues/possibilities to benefit business-owners on their way to the bank. At that time, presented by Mr. Cormack in a well-orchestrated media-blitz. On location! With a paparazzo and without Council!
Presented as in: the redo-plus-costs of these amenities didn't have to be approved by Council as a line-item because - according to the CAO - politicians had already done all that as part of the Waterfront & Downtown Master Plan. Meaning: if not questioned loudly - this justification could let him implement anything in this Plan whenever he decides!
While in a parallel reality one would assume that any changes this plan advises would need to be specified definitively to and approved by Council in stages - to only then be implemented by the CAO. There was no hard-copy (re)design/plan - period - for the amenities when they were torn down in part; there was only Mr. Cormack's one-man show.
1b.
Politicians approved? Politicians who? The only politicians to approve anything like this would be - cue percussion! - Council! Who didn't!
1c.
Funding - according to Mr. Cormack - is an opportunity-cost. Not explained to Council or public. Opportunity cost? Where exactly does he keep that bottomless personal stash? We do know though it's actually all our money - thus would feel one hell of a lot better if Council - via a thoughtful decision-making process - were part of this stunt. Which they aren't. Which should trouble them and - more important! - the public!
The audacity of these justifications is mind-blowing! Stupid public! Equally disturbing is: elected Council - a group of six, ostensibly grounded in democratic to-and-fro - allowing the city manager - one City employee, employed by Council! - to make their decisions. And then some! Today Baker - tomorrow ze vorld!
But you know how it goes: smallish town and everybody's worried about their personal agendas getting poked. Including councilors. Sub-plots for days! Delish!
Also see posts
Baker Avenue - The Heart Of Gold
23 March, 2013
Bench Kevin Cormack!
28 July, 2013
2. Script: Soccer-Moms-Only Parking
Basic premise:
An example of the second kind: bypassing Council plus not giving any explanation either. Keeping it real simple like.
Several large, colorful groups of bushes along the road between soccer and tram - home to various kinds of wildlife - are removed just-like-that to make room for additional parking to benefit a particular interest-group. Cue music: Joni Mitchell putting up a parking-lot.
Among needed staff the sad-eyed-voiceless-children number is used to slide the project through smoothly. Triple hankies!
2a.
This drastic change should have been brought before Council by a delegation, with prior submission of supporting material: a presentation of perceived need, possible impact. To only then - possibly - be handed to the city manager for implementation.
I've witnessed Council discuss with gusto the pros and contras of concrete- vs crushed-gravel-surfacing of a sidewalk to nowhere in the hills somewhere - but not this?
2b.
The work-order went straight from CAO to Public Works & Parks. With funding seemingly another opportunity-cost - here also tax-payered to benefit a special-interest group.
Bypassing Council so completely that they only may have found out about the project by going for a walk along there. Or reading this blog.
Like see post
Park Kevin Cormack!
18 July, 2013
On Whose Terms:
And so it goes - more and more low drama: with Council usually caving on integrity-issues, and Mr. Cormack - not troubled by same - filling a vacuum.
Item:
When I - in a Committee Of The Whole - brought-up the City's disastrous handling of publicly donated Japan-earthquake-relief funds, and CAO Cormack (incorrectly!) claimed that these funds had been donated to the City: Council just sat there. Not a word! To eventually cave in a backroom-deal.
Item:
As they did on the Taser-issue - aware of it for months before Chief Holland and Deputy Burkart finally dodged and patronized Council face-to-face. In the meantime, Taser-deaths multiplying all over the map.
Items:
Then this amenities-stunt plus the soccer-moms.
He does
because they won't
so he can.
Seeing that elections are close: there will be spin-offs with the same predictable plot-lines - and no happy endings - unless the audience starts demanding more for their money!
No popcorn for the drama-queens!
I is apparent that Cormack has passed his "best by" date and has a sense of invincibility with the support of King Dooley. All of Council holds some accountability as they have been complicit in the comedy of errors !!!!
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