Council could benefit from an auditor general

It is not required, but it could help, write Anneke Smit and Terra Duchene.

We have been curious about the discussion of an auditorgeneral for Windsor during the municipal election campaign.

We tried to understand why there were so many candidates (roughly half of all registered in ward races) calling for an AG for Windsor, while — as re-elected Mayor Drew Dilkens pointed out at the chamber of commerce debate — only three of 444 Ontario municipalities have one. AGs are authorized by the Municipal Act, Section 223, but they are not required (the exception is Toronto, for which an AG is mandated by the City of Toronto Act). Mayor Dilkens’ position during the campaign was that an AG for Windsor is unnecessary because Pricewater house Cooper scan provide the same services as an internal auditor, and in fact has already produced many reports for council since being engaged in 2012. A 2015 administration report to council recommended remaining with the contracting-out model.

Yet a key difference between the two functions is that an internal audit acts as a resource to the city’s administration, while an independent AG reports directly to council. Unlike PWC, an independent AG can initiate investigations and access records without the consent of council, and subpoena witnesses for examination under oath. And although some municipal bodies, such as the Windsor Public Library, would by law be left out from the AG’s jurisdiction, the range of departments and bodies it can investigate by its own initiation is wide.

It is true that Windsor would only be among one per cent of Ontario municipalities to have an AG. However, perhaps a more useful figure is that Windsor would be among 30 per cent of the 10 largest Ontario municipalities (with Toronto and Ottawa) to have one.

Much of Windsor city council’s decision-making in the last four years has been perceived by many as contentious and lacking transparency (think of the Pelissier parking garage, Bright Lights, and the mega-hospital tax levy and rezoning as particularly controversial decisions). Even the council discussion in 2015 about whether to appoint an AG was mired in misinformation and a lack of clarity over what was being decided. This new council includes four newly elected councillors, making six of 10 councillors who have publicly expressed support for the appointment of an independent AG in Windsor.

The Municipal Act describes the role of auditor general as one of “assisting the council in holding itself and its administrators accountable for the quality of stewardship over public funds and for achievement of value for money in municipal operations.” The inclusion of the word “stewardship” suggests a care-taking element that should be more prevalent in council decisionmaking. The new council has the opportunity for a fresh start in terms of how decisions are made, and — equally important — how the process is perceived by the public. Given this, it might be that appointing an AG makes particular sense at this time. Additionally, we believe that the AG debate is important for the broader message sent by so much support, by so many candidates, for an independent AG. Our feeling is that some candidates have also used this position as shorthand for the need for greater transparency and accountability in council decision-making.

An AG will not solve this issue on its own: in order to gain and maintain public trust, the new council should also not shy away from greater public consultation about the biggest issues facing our community, and the way in which the city’s $800-million annual operating budget is spent. But appointing an AG, promptly when the new council takes office, would be an excellent start.

Anneke Smit is an associate professor, University of Windsor Law and Terra Duchene is editor-in-chief of Windsor Review of Legal and Social Issues