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Released on August 03, 2014, 11:00 AM EDT
Tag #: 671
Fowke
and Benkovich’s sinister attempt to keep public in the dark thawed
Benkovich’s new work assignment is “Controversial” - Tribunal
 
Benkovich:
Controversial
practices, Fowke: Incompetent
and negligence
(From left)
Well-paid, City’s Human Resources co-ordinators Vicki
Baronette and Karen Matthies and their leader Fowke teamed up with their
infamous cover-up lawyer, Mireille Khoraych, to keep
the public in the dark, however their attempts were defeated. WikiLeaks
Sudbury already revealed that in order to protect their corrupted empire, Fowke
paid over one million dollars from tax dollars to Khoraych’s Toronto-based
firm.
A new Rights application was brought forward before the
Ontario Human Rights Tribunal against Nick Benkovich (Director of
Wastewater Services) and Kevin Fowke (Director of Human Resources and
Organizational Development) to test their claims that the WikiLeaks
Sudbury publications are vexatious against them. The matter was heard
before the Tribunal and their request to declare the Applicant as a
vexatious litigant was denied (Citation 2014 HRTO 703). The
decisions of the Ontario Human Rights Tribunal are final therefore neither
Benkovich nor Fowke are permitted to appeal against the decision.
In order to encourage a legal battle, employment issues
were included within the application. However the Tribunal has no
jurisdiction over labour disputes and therefore Benkovich and Fowke were
beat at their own game. Benkovich and Fowke hired their infamous
cover-up lawyer Mireille Khoraych from Toronto. WikiLeaks Sudbury however,
set up a hurdle for Benkovich and Fowke, naming Khoraych as a respondent
to the application. The duo stepped into another free roller coaster ride
thanks to their unaware “donors”- tax payers from who the duo took
thousands of tax dollars to retain Khoraych as their cover-up lawyer.

Mireille
Khoraych : City's cover-up lawyer from Toronto legal firm
At the hearing, the vexatious litigant issue was presented by the City’s
cover-up lawyer, Khoraych. She submitted an over 400-page document and
made sure to include all WikiLeaks Sudbury publications in their response.
Additionally the City produced many documents including the Freedom of
Information requests and matters before the Ontario Human Resources
Professional Association, claiming that they were vexatious against them.
WikiLeaks Sudbury’s legal defense team successfully countered all their
arguments and the Tribunal denied their entire claim (Citation 2014 HRTO 703).
Fowke’s incompetence exposed once again
Vice chair, David Muir also noted in his decision, Benkovich’s new
work assignment is “Controversial” (see Citation 2014 HRTO
703, Para 17).
This is a clear warning that the Human Resources division must
ensure that its internal hearing processes are reasonable and balanced and
that its reasons are adequate, with both factual and legal support. (See
Benkovich's cost saving brilliant idea and new work assignment) However
there are no signs of workplace issues being addressed in a reasonable
manner. Benkovich and Fowke continually attempt to govern the publicly
funded organization in an authoritarian way and their attempt has now
completely failed.
The
vice chair also noted that the conduct of the applicant does not amount to
abuse of process and is not vexatious against either Benkovich or Fowke
(Citation 2014 HRTO 703, Para 35). This is a clear sign of approval in
allowing employees the right to voice their concerns against incompetence,
mismanagement and in defrauding public funds.
David
Muir, vice chair, elaborated on his decision stating that “there is not
at this time a sufficient basis to justify the extra-ordinary remedy of
declaring the applicant a vexatious litigant with the consequence that the
applicant would be deprived of the right to file an Application with the
Tribunal without first obtaining leave to do so” (Citation 2014 HRTO
703, Para 33). Furthermore,
Vice Chair Muir concluded his decision saying: “I decline at this time
to find that the applicant’s conduct amounts to an abuse of process and
the respondents’ request that the applicant be declared a vexatious
litigant is denied” (Citation 2014 HRTO 703, Para 35).
"Fowkevich’s"
kangaroo court is actively engaged in suppressing the voices of the
employees of The City of Greater Sudbury to prevent leaking of their
corrupted regime. It is no wonder that from time to time the City
administrators get into panic mode by miscalculating and committing acts
that everyone outside the regime recognizes as administratively stupid.
Their attempt to keep the public in the dark failed.
This
decision makes a change in the arena of access to information and media
freedom. This is not the first time the City’s “gravy Obsessed”
bureaucrats attempted to suppress freedom allocated to media. For example,
recently the City enforced upon media personnel a required accreditation
procedure to allow coverage of city council meetings.
The
clock is ticking…
Brief
Summary of the decision is as follows
Benkovich
and Fowke’s submissions presented by City’s cover-up lawyer,
Khoraych
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Result
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1
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Request
an order to shut down WikiLeaks Sudbury website
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Denied
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2
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Request
to declare WikiLeaks publication as vexatious towards them
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Denied
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3
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Request
to declare Applicant as vexatious litigant
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Denied
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4
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Request
to declare the claim against Gary Comin (Supervisor 111, Water) as
incompetent in managing the drinking water division as vexatious
against him
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Denied
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5
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Request
to declare that notifying Nick Benkovich as incompetent in managing
drinking water operations and to follow legal action against him
under The Ontario Human Rights Code and related legislations,
Municipal Act, Labour Relations Act, Canadian Charter Rights is
vexatious against him
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Denied
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6
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Request
to declare Freedom of Information Requests submitted to the City as
vexatious
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Denied
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7
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Request
to declare Speaking to Mass media and its publication as vexatious
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Denied
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8
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Request
to declare Struggle for
Justice: Bureaucratic Disorder and Organizational Discourse, a
book naming Niko, Kevo, Como and Drawo, as vexatious (City’s
Cover-up lawyer Khoraych said that Niko is Nick Benkovich, Director
of Water and Wastewater Services and Kevo is Kevin Fowke, Director
of Human Resources and Organizational Development)
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Denied
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9
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Request
to declare Freedom of Information submitted to the Greater Sudbury
Police services as vexatious
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Denied
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10
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Request
to declare Small court action against Benkovich and Comin to uncover
Fowke’s double standard policy on labor relations issues in the
City as vexatious.
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Denied
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11
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Request
to declare matters brought forward before The Ontario Human
Resources Professional Association against Karen Matthies (Relief
Director of Human Resources and Organizational Development) as
vexatious.
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Denied
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12
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Request
to declare privacy complaint submitted to the Information and
Privacy commissioner’s office as vexatious
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Denied
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13
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Request
to declare workplace violence and harassment complaint submitted to
the City as vexatious
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Denied
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14
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Request
to declare complaint submitted to the City under discrimination and
harassment policy as vexatious
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Denied
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15
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Request
to declare Class action against Benkovich as vexatious
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Denied
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16
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Request
to declare Complaint submitted to Professional Engineers Association
as vexatious
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Denied
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Related
Documents
Related Articles
---------------------------------------------End
Editorial
Released on August 03, 2014 at 11:00 AM EDT
The original article initially published on Duke University, North
Carolina, USA, Department of economics, workshop research paper.
Excerpts from article as follows
Does Exposing Corrupt Politicians Reduce
Corruption?
In
a well-functioning representative democracy, citizens should select
competent politicians to administer public affairs and hold these
accountable for their performance. A precondition for these aims of
democratic government is that citizens have appropriate information
about candidates' character, abilities, and performance while in
office. However, whether providing information to voters about the
corrupt practices of politicians induces a sustained improvement in
government administration and a reduction in rent-seeking -
desirable qualities of good government in the longer run - is less
well understood. The political agency models with information dissemination
make clear predictions regarding the effects of providing voters
with information about the politician's actions and the politician's
type with respect to political selection and the quality of
government in the future term - mainly, the honesty/congruence of
the re-elected politicians should increase, and the quality of
government should improve, unless the pool of potential candidates
is composed of a substantial proportion of dissonant politicians.
Does the disclosure of information about corruption practices induce a
sustained reduction in corruption levels? We use publicly released
routine audit reports to study this question. The government has
established a mechanism to routinely conduct municipal government
audits, whose findings are then made publicly available and
disseminated to media sources. Using a longitudinal dataset of
corrupt violations constructed from the audit reports during the
period 1987-2006, we compare the subsequent term governments' levels
of reported corruption for municipalities audited at different
points in time around an election. The pre-election release of the
audit reports led to significant short-term reductions in municipal
corruption levels and an increase in incumbent mayors' electoral
accountability. However, municipal corruption levels in the
subsequent term are higher in municipalities audited
preceding the previous election and these are concentrated among
municipalities shown to have refrained from rent-seeking activities
in the first audit. These findings are consistent with a political
agency model of reputation dynamics in which rent seeking is
increasing in the incumbent's reputation in equilibrium.
Many studies highlight the role that information play in enhancing
political accountability in the short-run but its plausible negative
consequences for politician behavior in the longer-run. In
particular, the findings lend empirical support to the argument
that, although this may lead to greater social (i.e., voter)
welfare, short-term information dissemination policies do not
necessarily align politicians' actions with voters' preferences in
the longer-run. Whether this may imply a trade-off between honesty
and competence of elected officials as highlighted in theoretical
work by researchers) or help solidify beliefs of
"cultures" or norms of corruption are questions left for
future research.
This study highlights the role that information plays in enhancing
political accountability in the short-run but its plausible negative
consequences for politician behavior in the longer-run. In
particular, the findings are consistent with a political agency
model of reputation dynamics in which in equilibrium rent seeking is
increasing in the incumbent's reputation. In this model, if voters
re-elect incumbent mayors based on their reputation-based
performance in office, a mayor whose reputation has improved in the
past can exploit this information asymmetry to engage in
rent-seeking activities, leaving voters indifferent between
re-electing him and electing an inexperienced challenger. Given
these perverse reputation incentives, re-elected mayors who have
been shown to refrain from rent-seeking activities in the past will
on average be more corrupt in future terms than mayors who do not.
Importantly, this is consistent with information dissemination on
politicians' actions leading to an increase in ex ante voter
welfare, as the short-run positive disciplining effect can dominate
the negative consequences of imperfectly screening a corruptible
politician who then serves in a subsequent term.
The research design and the richness of the data also allow us to
distinguish our explanation for corruption outcomes from various
alternative interpretations. First, even though the timing of the
municipal government audits is pre-determined, the actual auditing
process could have differed systematically before and after
elections. We do not however fmd any evidence that auditors were
corrupt or that mayors with more political power or those affiliated
with higher levels of government receive preferential audits. A
second concern is that political cycles are potentially consistent
with the variation in the effects of the timing of the audits on the
observed levels of corruption. However, we show that the actual
timing of the acts of corruption, as measured by the dates in which
acts were committed, is not correlated with the timing of the audit.
The study contributes to the growing empirical literature documenting how
electoral accountability, and information provision in particular,
influences political behavior. Researchers
show that newspaper circulation affects the responsiveness of state
governments in India to negative shocks to food production and
flooding. Using a randomized experiment in Indonesian villages,
analyzes whether different monitoring mechanisms reduce corruption
in infrastructure projects, and finds that a top-down auditing scheme
is effective in decreasing corruption in the short-run. Most
notably, in a series of papers many researchers use
similarly objective measures of corruption from audit reports of
municipal governments in Brazil to study whether electoral
accountability serves as a mechanism to align politicians' actions
with voters' preferences. Specifically, researchers
show that electoral accountability is enhanced when
information about
corruption practices in these municipalities is publicized, whereas
they show the extent to which re-election
incentives affect political corruption in the short-run.' This paper
contributes to the literature by providing for the first time (to
our knowledge) evidence of the divergent inter-temporal consequences
on political corruption of voters having information about the
corrupt practices of politicians.
Editor
WikiLeaks Sudbury
August 03, 2014
Reference
Bobonis, G.J., Fuertes, L.R.C., Schwabe, R. (2010). Does Exposing Corrupt Politicians Reduce Corruption? Workshop
Paper, Department of Economics, Duke University, North
Caroline, USA.
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Does
Exposing Corrupt Politicians Reduce Corruption?
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