The strange case of Stephen Morgan in the 1988 Mississauga Election.
What would a reasonable person think?
From the Mississauga News
What would a reasonable & informed person think
when they see this happening in a municipal election?
Summary of Events;
John Keyser “a prominent city, lawyer ”, long time Chairman of the City's Committee of Adjustment and noted “friend and supporter of the mayor”, has a so-called chat to offer “fatherly advice” - with the only other candidate in the race for the Mayor’s office, Stephen Morgan, who then quickly withdraws from the election saying “I feel I was being advised not to run.” Don’t see any where that Mr. J. Keyser tried to go on the record to disputed Mr. Morgan’s statement, so his silence must be agreement. Regardless, this ensured that Hazel McCallion was acclimated as the next Mayor of Mississauga!
Then, only 6 months later the Mayor creates the Mississauga Arboricultural Committee and Mr. Morgan is appointed its Chair in spite of the fact he “has no background in the area,”. As for Mr. Keyser he is appointed Vice-Chairman of the Region of Peel Land Division Committee Feb. 14/89, as noted in a letter by the Chair of that Committee, Mr. A. C. Randles - Hazel McCallion’s business partner in MACRAN for about 10 years and also a member of the City's Committee of Adjustment.
To help taxpayers’ form an opinion {and that is all this work is about}, here are paraphrased sections of significant legal rulings regarding Conflict of Interest and Bias, that are provided to be use as a guide, as they deal with what a reasonable & informed person would come to believe appears to be the case.
The classic legal test and current standard for perceiving a likely Conflict of Interest and/or Bias, is worded like this;
The court looks at the impression which would be given to other people. It is the principle or probability of the reasonable likelihood of apprehension, justifiable doubts or suspicion of biased appraisal and judgment. The apprehension of bias must be a reasonable one, held by reasonable and right-minded persons, applying themselves to the question and obtaining thereon the required information (especially the background details of how the game of policies is played in Mississauga) ... what would an informed person, viewing the matter realistically and practically come to believe could be the case.
Public confidence in the election system is necessary for Democracy to work. Without this confidence, the system cannot command the respect and acceptance that are essential for its effective operation, which will be seen in low voter turn out and a lack of quality candidates for public office, both of which can be clearly seen in Mississauga for the office of Mayor. Also, it can be viewed as the beginning of uncontrollable patronage and corruption of the government by knowledgeable and reasonable persons, the kind of corruption that history has taught us, endangers our Democracy's very existence.
As a member of public, a life long Mississaugan, who has researched and dealt with City of Mississauga politicians, including Hazel McCallion, for many years, who has read the news paper accounts of this matter very carefully as well as other related documents, my comments and opinions are based on the facts & my desire to be a full participate in Mississauga’s Democracy. I would say that in this case, the impression and apprehension of interference in the nature & proper course of an election appears justified. That the appointments of those involved immediately after the election, one being the most significantly by the Mayor (Hazel McCallion), apparently creating a committee for her ex-rival to Chair, outside the normal process of review and controlled by City Council - to serve that persons interests. For me this does not past the smell test.
A more detailed interpretation of events;
Stephen Morgan was a next to last minute candidate for the office of Mayor for Mississauga and did not expect to win the election but he intended to raise issues - “I hope that I will be able to bring the issues to the public's attention through his announced candidacy says Morgan, who feels city hall is not communicating well enough about the unprecedented level of new development. He says council is ignoring “quality of life” concerns.” “In an interview before he changed his mind, the single Erin Mills resident had said, “We do live in a democracy and we might just as well exercise it,” in explaining his desire to run. He also said he was in the campaign to win, but would be satisfied if McCallion outlined her plans the next three years.” It would appear clear that Mr. Morgan is determine to run and believes in what he is doing. The concerns noted in 1988 are the same ones today in Mississauga, if not more so, as the same persons on Council then, are mostly the same today!
So it is very surprising to read that after having a private talk with John Keyser “a prominent city, lawyer”, “chairman of the City's committee of adjustment” and noted “friend and supporter of the mayor” who was “offering fatherly advice” about “the difficulties of running for and holding office”, Mr. Morgan very quickly withdraws from the Majority race. Even more that a man in Mr. Keyser's position and background would do such a thing as it does raise serious questions as to his role in an election he was an outsider to.
Speaking as a person who has run for the office of Mayor to raise issues, as Mr. Morgan has noted is the reason for his candidacy, it is not hard at all to show up at debates and hand out literature. As Mr. Morgan knows the only real chance he has of getting elected Mayor is if Hazel dies during the campaign period, it is truly odd that “the difficulties of ... holding office”, would be noted as creditable reasons for withdrawing from this election. The most unbelievable of reasons is “ Morgan says it would have taken McCallion away from running the City for a month, which is “not good for Mississauga.” If that is the case then why even have elections in a Democracy? But more importantly, Mr. Morgan was running about concerns regarding “quality of life” issues and the City’s “unprecedented level of new development.” So, why would letting the Queen of Sprawl get back to her work, alleviate his original concerns that were strong enough for him to run for public office? It actually sounds like he is kissing up for something from Hazel McCallion. Things just did not add up for the logically minded.
Mr. Morgan’s clearest and most concise statement is “I feel I was being advised not to run.” and Keyser appears not to have gone on the record with his side of events or disagreement to those statements given, so clearly his silence is agreement. As “a prominent city, lawyer” Mr. Keyser understands the value of his reputation and the publics’ perception of it, still he has not gone on the record disputing Mr. Morgan’s statement.
Given the wording of the Municipal Election Act or the law, Mr. Keyser should know how thin the ice is for someone to give counsel to an election candidate “not to run.”, especially given his other associations with Hazel McCallion and City hall. Yet he did. Why? Were events taking place too fast for a more discrete intervention? What would be worth the risk, to him? And why did he not come forward to go on the record that he did no wrong?
Media coverage - the papers do not come right out and say there are concerns the law could have been broken or even that there is a law that could have been BUT they clear know so by the way they present the story & indirectly address the particulars of the law. Still, the details and quotes that raise troubling questions to knowledgeable persons. You could say, what they don’t report or investigate is more important than what they do, especially after Mr. Morgan is made Chair of the Mayor’s new committee when he has “no background in the area,”. The Mississauga News editorial - Sound Advice - is a classic and shameless cover-up job by pro-Hazel media. Questioning his reasons for running and that he should spend his energies elsewhere, that Mr. Keyser is “a lawyer of unquestioned honor and reputation in our city.” Is it just me or given the facts, is there not room & reason to question? Especially after Mr. Morgan gets appointed as the Chair to a committee the Mayor herself created? Am I the only one who would suspect that was the pay-off for withdrawing from the Mayor’s race, to allow Hazel McCallion to be elected?
First of all what does the Municipal Election Act {which I believe was the version in force, in 1988}, say?
Every person who, ... in order to induce a person to allow himself to be nominated as a candidate, or to refrain from becoming a candidate, or to withdraw if he has become a candidate, gives or procures any office, place or employment, or agrees to give or procure or offers or promises to procure, or endeavours to procure any office, place or employment for such person, or for any other person, ...
&
directly or indirectly, himself or by any other person on his behalf, ...or on account of and as payment for having illegally assisted or agreed to assist any candidate at an election, applies to such candidate for the gift or loan of any money or valuable consideration, or for the promise of the gift or loan of any money or valuable consideration, or for any office, place or employment, or the promise of any office, place or employment; ... {or how was candidate Hazel McCallion assisted?}
is guilty of bribery: and on conviction is liable to a fine of $200, or to imprisonment for a term of not more than six months, or to both, and is disqualified from voting at any election for four years.
The law appears takes a very dim view of interference in Democracy’s keystone - a free and fair election, but in reality the punishments and lack of enforcement make hard to enforce and generally Canadian election laws are a joke.
“McCallion said she was not aware that Morgan had been approached by prominent local lawyer John Keyser, who discussed the difficulties of the job with the young candidate, until Keyser advised her of it shortly after Morgan withdrew Tuesday night.” My, there appears to be some interesting and timely communication going on here. And “The mayor plans to invite Morgan to see her, so she can discuss his concerns about the City.” So it is very likely the Mayor and Mr. Morgan have a meaningful talk about how they could help each other. Stephan Morgan said he will run in 1991 but his name does not appear in records I have seen - he just disappears from Mississauga politics.
Of what value to Hazel McCallion would having Mr. Morgan withdraw from the Mayoralty race be and would her supporters know this? To be acclaimed in one of Canada’s largest cities is one of the greatest honours the voters can give, its even better than winning the election! It has great prestige, it is a highly prized accomplishment or award and Hazel loves to collect all she can, as well as its pay cheque. It is job security as it removes any remote chance of losing the election at the polls. It keeps money in her campaign trust fund for future campaigns. She will not have to campaign, a very important gain for a person of her 67 years. The 1988 election was not just about who won at the polls but who won acclamation. Hazel has tasted acclamation in the past and her friends and supporters would know she would want it again and what would be desired by her, would be good for her supporters that gave it to her.
However the story does not end with just suspicious circumstances in an election, the most interesting parts in this affair for its players come later. Mr. Keyser is appointed Vice-Chairman of the Region of Peel Land Division Committee Feb. 14/89, as noted in a letter by the Chair of that Committee, Mr. A. C. Randles - Hazel McCallion’s business partner in MACRAN for about 10 years and also a member of the City's Committee of Adjustment. 6 months after the election, the Mayor creates the Mississauga Arboricultural Committee and Mr. Morgan is appointed its Chair in spite of the fact he “has no background in the area,”. “McCallion originally asked the 16 citizens who applied to serve on conservation authorities last December to be on the committee. Nine agreed, including three people who were candidates for Ward 7 councillor in November”. Interesting that the only persons asked would be those who applied just after the election and 4 had run in the last election - what are the random odds of that - loading the dices?
In a Democracy we must be ever vigilant to protect our Democracy, to know of and question all circumstances that could undermine it.
Index list of enclosed items; - Most items have been scanned and/or retyped for an E-document.
MUNICIPAL ELECTIONS ACT - 1980 - Selected Sections.
Mississauga News Oct. 19, 1988 - Front page - The battle for city hall is under way
Mississauga News Oct. 19, 1988 - Front page - Mayoral candidate backs out
Mississauga News Oct. 19, 1988 - Editorial - Sound advice
Mississauga News Oct. 19, 1988 - Editorial Cartoon about Stephen Morgan refusing to get into the ring with Hazel.
Mississauga News Oct. 21, 1988 - Front page. - Hazel’s in for three more McCallion may never step down
City of Mississauga - Council Minutes for the Dec. 19, 1989, session - notes who appointed to the Committee of Adjustment.
City of Mississauga - Council Minutes for the Mar. 13, 1989, session - notes John Keyser’s being appointed as Vice-Chairman of the
Region of Peel Land.
City of Mississauga - Council Minutes for the Apr. 24, 1989, session - notes Stephen Morgan, as chairman of the Mississauga
Arboricultural Committee, addressing City Council with apparently support of City staff. The minutes also noted
that a large amount would be spent on tree planting that year and that a by-law be enacted “to authorize the Mayor
and Clerk to execute the contract for Tender ... Spring 1989 Street Tree Planting.” Wonder if this was in any way
a paid position?
Toronto Star - Apr 25, 1989 - 9-member citizen committee set up to make Mississauga a city of trees
Mississauga News - Apr. 26, 1989 - To become city of trees Tree Committee wants Mississauga to grow an identity
Mississauga News - Apr. 26, 1989 - City streets to get trees
The Mississauga Booster - May 1989 - Arboricultural Committee Formed.
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