MECAC MADE A MESS OF LAST THURSDAY'S HEARING. HERE IS THE FOLLOWUP

The following letter was delivered in person at 9:02 am. this morning. I have since received e-mail confirmation that the Clerk's office have sent it to Mr. Carl Zehr.



LETTER GIVEN TO WOOLWICH CLERK FOR MR. CARL ZEHR, CHAIR OF MECAC
Mon. July 6, 2015
MECAC
Attention: Chair Carl Zehr

On Thursday July 2, 2015 your panel met to consider my complaint that Mayor Sandy Shantz was out of compliance with the Municipal Elections Act. You will recall that Sandy Shantz presented a new set of financial statements as well as an Auditor’s Report as the meeting began. You can appreciate that as the complainant, I did not have time to examine them, and hence, my presentation was compromised. After examing them, later in the day, I was puzzled by the date provided on page 8 of the return where the name of the auditor is indicated - March 23, 2015 as well as the date of the auditor’s letter, June 16, 2015, the date of my complaint to you. I was also perplexed as to why this information was not provided to me in a timely manner prior to the start of the proceeding. Was this audit started in March and not submitted?
Your panel ruled unanimously that not much more would be found by sending the case to an auditor since the Mayor had just submitted “new” forms that addressed my concerns. In fact her return is still incomplete as audit costs incurred, March 23/15, and the expense of hosted parties are still unclaimed . Furthermore her submitted financial spreadsheet does not correspond with her list of donations nor has it been revised to reflect her new Contributions or Campaign Income. In short her new and revised Financial Statement is still in serious error.
It is obvious that the case need not be sent to an audit since THE MAYOR, IN SUBMITTING HER NEW FINANCIALS, HAS ADMITTED THAT SHE WAS IN CONTRAVENTION OF THE ACT. No audit was needed to confirm this contravention, which was what my complaint was about. In essence, the Mayor’s own private audit indicates some of the flaws that a more formal audit would have returned with. I also note that it is NOT your privilege to accept a late financial report and allow it to be posted as if it was “legal”.
Without the need for an audit, your panel now needs to deal with the issue of what to do with the contraventions that have now been verified . According to Sections 78 (1), 80 (1) and 80 (2) of the Municipal Elections Act Sandy Shantz forfeited her office by law on March 27/15 and in fact when she admitted that her expense report was incorrect and required an Auditor’s Report. Those dates would have been June 16/15 as well as July 2/15 at the MECAC hearing.
Section 78 (1) of the MEA states that a candidate shall file with the Clerk both a Financial Statement and an Auditor’s Report by 2 pm. of the filing date. Section 80 (1) states that the candidate is also subject to the penalties listed in subsection (2) if he or she fails to file a document as required under Section 78 or 79.1 by the relevant date. Section 80 (2) states that in the case of a default the candidate forfeits any office to which he or she was elected and the office is deemed to be vacant.
I note that in the case of Mark Bauman, the Woolwich lawyer was instructed to remain neutral. He was so nuetral, that no evidence or witnesses, including the complainant was called. The complainant heard of the hearing from a reporter, and, arriving at 10:06 for a 10:00 start, he discovered that the case was over. It is obvious that further action needs to be conducted by an independent counsel chosen by MECAC.
I would appreciate your immediate response indicating when you will re-convene to rule on the next step.
Respectfully Alan Marshall