A Matter of Public Notice and Record

My deepest heartfelt thanks to all those who voted for me and who helped me in so many ways during the election campaign. I look forward to serving the good people of the geographic area known as Kincardine – Ward 3. Thank you, thank you, ever so much.
I will not let you down!
Please read & share widely….The 2014 Kincardine election results
have been challenged as INVALID.
The following was sent to all parties concerned.
Please contact me if you want to be included in the public update list.
i am challenging the validity of the Kincardine election – please issue a public announcement. More concerns have surfaced than just the ones admitted to in the Municipality of Kincardine (MOK) press release.It is my contention that the Corporation of the Municipality of Kincardine (CMOK), Principal & agents, did act ultra vires in the administration of this local election. CMOK was formed for limited administrative purposes & i believe this public duty is outside its corporate charter.i spoke with Nigel Bellchamber but require further clarification from the MOK lawyers. Please forward:

Dear Sirs:
Due to the multiplicity of corporate municipal entities, governing tiers & member roles, i seek your clarification of the following:

1. are the municipality, MOK & CMOK separate legal entities? which one was this election for?
2. was the electorate properly informed which office this election was for? (ie. public office or “public office holder”, Municipal Act, 2001)
3. was the electorate informed as to the proper standing of the 3 candidates for mayor at all times during this election?
4. was the electorate properly instructed on voting procedure for a mayor candidate who withdrew but still remained as a certified candidate on the ballot? how & when was the electorate informed of this?

Public/Private members in attendance:
5. is Donna MacDougall, Clerk, a sworn public servant (quo warranto) & arms length from Ontario Power Generation (OPG)?
6. Has, is or will, Donna MacDougall received compensation or benefits from OPG?
7. which municipal entity employs Murray Clarke, CAO, & who is his immediate supervisor?
8. is Murray Clarke a sworn public servant (quo warranto) & arms length from OPG?
9. Has, is or will, Murray Clarke received compensation or benefits from OPG?
10. what lawful excuse can be evidenced for the involvement of the CAO of CMOK in the supervision of public ballot counts &/or corporate members engaged in public ballot counts?
11. did Murray Clarke have access to any public ballots at any time from September 15-October 27, 2014 inclusive, while stored at the Municipal Administration Centre (MAC)?

Corporate Ownership:
12. is MAC legally deemed a government office (vs. NGO) & is the building publicly or privately-owned?
13. what is the identity of the “person” or “PERSON” as principal benefice/beneficiary of the municipal franchise CMOK?
14. is CMOK, or any of its subsequent legal entities (eg. PREDC), registered outside of Canada or Canadian jurisdiction?

Election fraud is a criminal offense & a matter of public trust. We have a duty to our electorate to clarify the above presumptions & assumptions for a complete & open review. i trust all will cooperate fully.

Any obstruction to this investigation will result in civil litigation. Thank you to those who have come forward so far. Candidates who have not returned my call, please do so. If you presently hold an elected office, you MUST return all phone calls regarding the municipality or you are under a false oath. Please research.

In closing, i want to both thank & apologize to the new people that ran in this election – Adam Cherry, Christina Roppel-Wahi, Jutta Splettstoesser, Ken Knight, Alex Eveleigh, Doug Peebles, Richard Court, Andrew White & Linda McKee. It took a lot of courage & you all did a great job! i am sorry if this was your first experience. i too was ashamed to see it cloaked in the veil of secrecy & disrespect this Municipality is now unfortunately known for, all around our Great Lakes.

Although amalgamation attempted to convert our elected representatives to ineffectual corporate cattle (COWs)**, & castrate them by a lawyer-manufactured code called the “Municipal Act”, an elected official, & the authority that inherently instills, can not be converted to a lesser status or “legally” altered in any way without (1) full disclosure and (2) the informed consent of the governed.

i believe CMOK has never properly done the former & therefore, has never held the latter.

In my opinion, placing publicly elected councillors under private secret oaths to corporate municipal structures they know nothing about is fraud. And allowing this to proceed without confirming the lawful authority CMOK has with respect to our elected representatives, would be a breach of public trust & duty of care.

Sorry for the legal jargon Laura (Haight), but a Maxim of Law: it is far better to recede than to proceed wrongly. Let’s use this opportunity to clarify the lines of authority that amalgamation has seriously blurred for us all.

Shelagh McFarlane – ward 3

cc: Kincardine Committee for Better Government c/o Randy Roppel
(** Council of the Whole = COW)

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