MFOIA--Open And Transparent Government

I just do not have the patience any longer to wait for City Hall to provide open and transparent Government on the border file so I thought I would spend my $5 application fee and file a Municipal Freedom of Information Act application. Below is what I submitted with the City yesterday.

The Act's purposes are very noble:

"(a) to provide a right of access to information under the control of institutions in accordance with the principles that,
(i) information should be available to the public,
(ii) necessary exemptions from the right of access should be limited and specific"

Information is supposed to be provided to me within 30 days of the date of my request. Of course, I do not expect that to happen. There is a section that allows for an extention of the time limit set out for a period of time that is reasonable in the circumstances. I am sure that will be used first.

And you know that solicitor-client privilege will be used to deny information as will certain other exemptions dealing with confidential "commercial" or "financial" matters.

Why I would not be surprised if this disclosure did not occur until after the next Municipal election.

I will of course be posting a calendar setting out the number of days it takes for the City to respond. Perhaps I will be proven wrong by their quick and complete response. I hope so.

To: CITY OF WINDSOR, OFFICE OF THE MAYOR, WINDSOR TUNNEL COMMISSION

1) All records dated between November 1, 2002 and the current date concerning any plans or proposals to operate, manage, own, sell, transfer, exchange, lease, or otherwise dispose of all or part of the Detroit-Windsor Tunnel including but not limited to any records with

• the Government of Canada,
• Province of Ontario
• the Government of the United States
• the State of Michigan
• City of Detroit
• the Mayor of Detroit, any member of his Administration
• Council of Detroit
• any agency, Department or Ministry of each of the preceding
• Detroit Councillors
• any administrative or elected officials in Detroit
• the Bi-national Partnership,
• Detroit River International Crossing Project members and consultants
• OMERS and any of its subsidiaries or affiliates including but not limited to Borealis Capital, DRTP
• Macquarie Bank and any of its subsidiaries or affiliates including but not limited Macquarie Canadian Infrastructure Management Limited
• Detroit and Canada Tunnel Corporation
  
  

2) All records dated between November 1, 2002 and the current date concerning the opposition to any plans or proposals to operate, manage, own, sell, transfer, exchange, lease, or otherwise dispose of all or part of the Detroit-Windsor Tunnel including but not limited to any records with

• the Government of Canada,
• Province of Ontario
• the Government of the United States
• the State of Michigan
• City of Detroit
• the Mayor of Detroit, any member of his Administration
• Council of Detroit
• any agency, Department or Ministry of each of the preceding
• Detroit Councillors
• any administrative or elected officials in Detroit
• the Bi-national Partnership,
• Detroit River International Crossing Project members and consultants
• OMERS and any of its subsidiaries or affiliates including but not limited to Borealis Capital, DRTP
• Macquarie Bank and any of its subsidiaries or affiliates including but not limited Macquarie Canadian Infrastructure Management Limited
• Detroit and Canada Tunnel Corporation
  
  

3) All records dated between November 1, 2002 and the current date concerning any studies, plans or proposals to finance all or part of the Detroit-Windsor Tunnel operations or to securitize the revenues or in any way obtain revenue for an agreement, arrangement, divestiture or acquisition of assets of the Tunnel including those from third party funding sources.

4) All records dated between November 1, 2002 and the current date concerning the Duty Free Shop at the Windsor Tunnel including but not limited to rent reductions

5) All records dated between November 1, 2002 and the current date concerning improvements, changes and alterations to the Tunnel and Tunnel Plaza including but not limited to any records with

• the Government of Canada,
• Province of Ontario
• the Government of the United States
• the State of Michigan
• City of Detroit
• the Mayor of Detroit, any member of his Administration
• Council of Detroit
• any agency, Department or Ministry of each of the preceding
• Detroit Councillors
• any administrative or elected officials in Detroit
• the Bi-national Partnership,
• Detroit River International Crossing Project members and consultants
• OMERS and any of its subsidiaries or affiliates including but not limited to Borealis Capital, DRTP
• Macquarie Bank and any of its subsidiaries or affiliates including but not limited Macquarie Canadian Infrastructure Management Limited
• Detroit and Canada Tunnel Corporation
  
  

6) All records dated between November 1, 2002 and the current date concerning any plans or proposals respecting the Burger King, Top Hat Supper Club and Bus terminal sites including but not limited offers of purchase and sale, matters involving expropriation, assessment appeals, matters involving land uses such as Drive-throughs

7) Records respecting the border file between November1, 2002 and the current date concerning:

1. law firms involved including those in Canada and the US
2. "lobbyist," strategic and consulting firms involved including those in Canada and the US
3. polling and survey firms involved including those in Canada and the US
4. technical and engineering firms have been used including those in Canada and the US including but not limited to transportation planners, air, health and noise experts, land use planners, government/media relations expert, social impact analyst and an environmental assessment expert
5. all reports, proposals and studies prepared by each of the above firms
6. bills and accounts charged by each of the above firms by file including Finance Department accounting records showing payments whether charged directly or through law firms or other parties
7. what work did they do for the fees incurred
8. disbursements and expenses paid out to those firms and to the Mayor, Councillors and staff setting out the reasons for such payments.

The border file includes but is not limited to all matters involving the border such as the Detroit-Windsor Tunnel plaza improvements, possible Detroit-Windsor Tunnel purchase/lease/operation/management/financing/securitization, opposition to any Detroit-Windsor Tunnel purchase/lease/operation/management/financing/securitization, Walker Road changes, the Huron Church overpass, OMB hearing, Schwartz report, meetings with all Governments in Canada and the United States.