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AlvinofDiaspar

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From the Star:

Council blindsided by pay cut that wasn't
Mississauga slashed salaries on its hydro board in April, but councillors find out it's not that simple
Sep 27, 2007 04:30 AM
Phinjo Gombu
Staff Reporter

Several Mississauga councillors were livid yesterday to learn, five months after they slashed hefty wages on the board of Mississauga's hydro utility, that they had actually done no such thing.

As that realization slowly dawned on them during a routine council discussion – over a consultant's report recommending higher pay at Enersource than councillors initially ordered – their surprise soon turned to anger.

How could such a thing happen?

The story begins in April, when, with Councillor Carolyn Parrish leading the charge, they decided the 10-member Enersource board was overpaid and underworked.

They voted to cut the salary of its chair from $70,000 to $40,000 a year and those of citizen representatives and politicians from as much as $44,000 to $15,000.

The hidden problem: While the city owns 90 per cent of Enersource, 10 per cent belongs to the investment company Borealis Infrastructure, which had its own opinions on the matter.

The move grabbed a lot of attention, especially because Mayor Hazel McCallion defused the unaccustomed rebellion from her council – voted on while she was conveniently away in China – by voluntarily giving up all of the $32,000 annual pay she'd received for sitting on the board. McCallion agreed politicians were earning too much for their Enersource service.

But yesterday, as councillors were pondering the pay raise recommended in the Enersource consultant's report, city lawyer Mary Ellen Bench quietly advised that they were headed for a stalemate if they rejected the idea.

To the surprise of most councillors, the original shareholder's agreement between the city and Borealis clearly states any pay cut requires agreement from both.

Borealis, Bench told them, didn't agree.

And without Borealis's approval, the salaries would go back to what they were before.

While most councillors believed the pay cuts had taken effect, the Enersource board had simply docked their own pay while their consultant did a salary comparison and wrote recommendations.

What's more, the three city councillors sitting on the board had joined the unanimous vote to refuse the cuts: Carmon Corbasson, Sue McFadden and Nando Iannica.

"Council had no idea that the pay cut had not come into effect until today," Parrish said after the meeting, calling the whole situation a power play by Borealis against city council. "This is unbelievable."

With that began the finger pointing, blaming and name-calling that appears certain to end in an expensive court battle with Borealis.

Councillors such as Frank Dale and George Carlson chimed in, blaming the city manager and solicitor for not telling them about the clause before the April vote – and girding for battle with a board they say has overstepped its bounds.

"We own this company lock stock and barrel except for this bogus 10 per cent that Borealis has," said a furious Carlson. "If we have to buy them out and get rid of them, and put in a new board, I'd be in favour."

Corbasson, who excused herself from the debate because she's on the Enersource board, said she couldn't speak for her colleagues – but she knew of the pay cut clause. "I don't know why councillors didn't know," she said.

City manager Janice Baker insisted she and her staff weren't to blame for the debacle. Bench, she said, had verbally told councillors about the clause, but in the rush to order the cuts through, they hadn't given staff enough time to prepare a report outlining the consequences.

There was some irony in Baker's response, because it was only a few months before that April vote that council had ditched her as a city rep on the Enersource board – depriving her of $32,000 pay.

"I think we could have helped more in the issue if we had been given the opportunity to complete the work we had initially been asked to do," said Baker.

Chortling through this whole thing was McCallion, who was halfway around the world when councillors voted to cut the salaries.

The mayor couldn't help but enjoy the mess councillors found themselves in, because she had always felt non-politicians on the board needed to be paid well – and disagreed with removing Baker.

"Sometimes we have to do our homework," she said, clearly taking pleasure at how council had painted itself into a corner where it had no choice but to battle Enersource on the pay cuts issue.

Councillor Pat Saito plans to file a motion Oct. 10 to ensure the pay cuts are implemented. "I expect," she said, "a lively discussion."

AoD
 
entertaining... sometimes surprising that anything gets done in this world... everybody has a different angle and motive on issues.
 
Carolyn Parish = pwned

Here's the actual video of Councillors finding out. The Councillors on the Enersource Board voted for a pay cut in April and then on the first Enersource Board meeting May 11th voted to reject the pay cut.

Also really important in this is that the 10% shareholder (called "Borealis") is really OMERS --Ontario Municipal Employee Retirement System.

The agreement that The Corporation of the City of Mississauga signed with OMERS (face it, that's what the 10% shareholder is) in the words of City Solicitor, Mary Ellen Bench "is a bit unusual" in that it "does not contain a dispute resolution clause"....

Here are two videos I put online:

Ontario Municipal Employees wag ENERSOURCE dog

and:

ENERSOURCE PWNED --(should'a read the fine print)

Thing is citizens can be grateful we found out about this dog of an agreement. We can be pretty sure that in any of the previous Enersource discussion Staff (part of OMERS) were likely cheering for Borealis --the 10% shareholder.

And when you know that, Wednesday's Council will be interesting. I'm sure that Mayor and Council will still refer to "Borealis" rather than any reference to OMERS, just like the PC's refer to John Tory rather than any reference to Mike Harris.

Bottomline, the City that prides itself for being run like a business signed an agreement with what is essentially its employee pension fund that contained "no dispute resolution clause".

Mississaugans are all PWNED.

1489593164_2fa2eca43d_o.jpg

(I'd rather step into Rodeo Day at Hershey Centre last Saturday)
 
HOKEY SMOKE, check out the Enersource Notice of Motion.

Like. WHAT?! Citizens find out that the 10% shareholder has veto power over anything. Meaning the 10% shareholder calls the shots.

And then if that isn't bad enough we find out that the 10% shareholder is OMERS --Ontario Municipal Employee Retirement System, which includes Mississauga STAFF.

So all this crap they slung back in April about Mississauga residents owning Enersource is pure-distilled crap. Seems to be it exists for the convenience of the municipal employees' pension fund.

Council expressed concern about how disappointing the Enersource returns were and they selected this new Board of Directors with the mandate to turn things around on this dog.

And we find out Council doesn't even have the power to change salaries of the Board?

Like, who are they kidding? And what's the Motion?


(b) Enersource Board of Directors
Notice of Motion moved by Councillor C. Parrish, seconded by Councillor G. Carlson:

Council - 36 - October 10, 2007

Whereas at the meeting of April 11, 2007 Council voted to reject hiring a consultant to review the compensation paid to the Board of Directors of Enersource

Whereas at the meeting of April 11, 2007 Council voted to pay the Chair of Enersource $40,000.00 per year and the Board Members $15,000.00 per year plus a budget for conferences and expenses and a yearly increase, commensurate with increases paid City Staff, to the end of their terms

Whereas the Board of Enersource subsequently hired the Hay Group to conduct a comparative study of compensation to a variety of other energy boards
Whereas the Board of Enersource is governed by a Shareholders’ Agreement which gives the ten percent partner, Borealis, a veto on a variety of matters including compensation packages

Whereas this veto may result in the Board’s refusal to implement the compensation package suggested by City Council on April 11, 2007

Whereas all Councillors who put their names forward for selection to the Enersource Board were aware of the resolutions of Council dated April 11, 2007 regarding remuneration to be paid to the Directors of Enersource

Whereas all citizens who applied and were interviewed by Council were made aware of the proposed remuneration at the time of their making applications

Whereas the Councillors and Citizen Members of the Enersource Board sit at the pleasure of Council

Therefore Be It Resolved:

That all Council appointees, both Councillors and citizen representatives, be requested to sign an irrevocable document – prepared by the City Solicitor – accepting the compensation package set out by Council at the meeting of April 11, 2007

And further, representatives appointed by Council will direct that any amounts in excess of Council’s motion of April 11, 2007 be donated to the Enersource Corporate Social Responsibility Program

MG.11.Enersource

Can you believe it? The Enersource Board "sit at the pleasure of Council".

HAHAHAHAAHHAAHAHA... it exists for 10% OMERS.

Council has ZERO power over Enersource.

Proof? "be requested to sign"??? Oh, to be a fly on the wall when the Board of Directors read that.

And the "solution"? excess salary be donated to the "Enersource Corporate Social Responsibility Program"

HAHAHAHAAHAAHAHHHHAAAAA....

One of the things Council wanted this new Board of Directors to do that the old ones didn't. Report to Council regularly on their activities/progress.

Like. I'm gonna believe what this new Board of Directors reports quarterly? They sit for the pleasure of OMERS. OMERS calls the shots.

I just wonder how many other Hydro companies are like that. 10% shareholders being OMERS. And citizens living under the illusion that their city government is in control...

Citizens are such CHUMPS.

(I wonder what spin The Corporation will put on this?)
 

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