Witless in Witless Bay

There is an issue washing ashore on Canada’s eastern edge that clearly serves two notices to municipal politicians and developers across the land: Integrity and transparency are growing issues everywhere; social media isn’t going anywhere.

This particular issue is unfolding in the village of Witless Bay, Newfoundland, a community of 1,000 souls on the Avalon Peninsula—located about a half-hour south of St. John’s and east of Butter Pot Provincial Park.

The council in Witless Bay, NL needs media training
The village council, all of whom were acclaimed in last fall’s municipal election, recently voted to “retain an independent criminal lawyer to review recent social media accusations against current town council or councillors to empower the finance committee to take disciplinary actions.”

In other words, they are using taxpayer money to investigate whether they can retaliate against those who speak up against them on social media.

Huh?

Perhaps someone should remind them that they were acclaimed as elected officials, not named supreme leaders because nobody ran against them.

There are a few other things worth noting. First, one of the councillors, developer Fraser Paul, was recently taken to court by local resident Lorna Yard. Mr. Paul was elected in a by-election in 2016. However, Ms. Yard made the case that he faked his residency in the town prior to the election and did not meet the six-month residency requirement required in municipal election rules, which require candidates to be residents in a local area 30 days before being nominated.

The Supreme Court of Newfoundland and Labrador agreed. Mr. Paul was forced to step down before establishing a permanent residence in the community prior to the 2017 election, when he become one of the acclaimed members of council.

Second, there is a long-standing dispute over Ragged Beach, an area for whale- and puffin-watchers that someone (perhaps a developer who’s now on council?) would like to see developed. There’s a big hint here. Whenever someone develops a “Friends of …” presence, whether on or off social media—such as “Friends of Ragged Beach”—it’s a strong hint that it’s time to stop talking, sit down and listen. In my experience “Friends of …” movements do not go quietly into the dark night.

You have the same choice I've seen while advising clients on issues across the country. Either listen to what they say or enter into a dispute in which they try to ram their words down your throat—some more gently than others.

Third, one of the first acts of this new council was to revoke the town’s existing policy manual that provides direction on a number of issues, including transparency. To be fair, the manual was only enacted by the previous council. However, transparency is much easier to evoke than revoke because, when it’s revoked, everyone’s first thought becomes “what are they hiding?”

Free advice
I have some free advice for this council. First, although my understanding of libel and slander is rudimentary, I do know that I can say or write anything about someone as long as: a. It’s true and b. I can prove it’s true.

For example, it’s quite easy to say that Mr. Paul cheated in 2016. Ergo, it wouldn’t be a stretch to call him a cheater. Obviously, that’s not what the Supreme Court would have said, but the inference can be made when he was asked (forced?) to step down for stretching the rules. The people posting on social media for which this council decided to seek legal help to quash opinions have been nicer than I was in this paragraph.

Second, if you think that eliminating a policy for transparency or changing meeting times for council in an effort to make it difficult for others to attend is all you need to do to get your way, you are truly being witless. These people aren’t going away. Threatening them is nothing short of bullying and all you’re doing is bringing a global social media microscope to everything you do. If you thought it was tough to get your way before, welcome to the 21st century.

Third, if you can’t sit down, listen and negotiate, no amount of criminal lawyer assistance will help you. This issue has extended well beyond Witless Bay (I can’t wait to see how you plan to financially punish me from my office here in Toronto for criticizing your actions).

Gather your wits, swallow your pride, listen carefully and talk prudently, and represent your constituents effectively.

And be thankful you don’t live in a place called Transparency Bay.