Everyone should be absolutely clear: the council decision was gazetted on 19 August 2005, before the appeal was filed with White's committee. At that point, the appellants should have been advised of what White now says was clear - the board had no power to overturn the council decision.
Instead, the board strung along the process, keeping the appellants tied up with busy-work, holding meetings, preparing briefs and otherwise staying out of the municipal election in which the stadium rezoning has been a major issue.
By the time White summarily shut down the appeal hearing, the election was virtually over. Ballots were mailed to residents on Friday, 09 September 2005 and, if past practice is a guide, fully 80% of the total likely to be received has already been returned.
One cannot help but feel that there has been some corrupt practice here. The timing of the ballots and the past voting experience was well-known to all concerned on the board. The board's lack of power was also well-known. If there was no corruption here - no deliberate rigging of the process - the only reason for the three week charade to which the appellants were exposed would be gross incompetence.
Marie White, the members of the board and their official advisors are not incompetent.
Marie White is, however, well known to be a political ally of the mayor, Andy Wells.
For his part Wells chose to make the stadium the centrepiece of his recent political action. It cannot be called a campaign since Wells withdrew from active campaigning on his own behalf some days ago. Instead the mayor's agents have taken out newspaper advertisements encouraging residents to vote against the five councillors who opposed the stadium redevelopment. Wells has played with numbers, making preposterous claims of the cost of reversing the rezoning decision and at times contradicting himself in the matter of a few days on his own estimates of the cost.
On the same day that White ended the appeal fraud, Wells delivered letters to voters in Ward Two attacking incumbent Frank Galgay (who opposed the stadium project) and pushing instead for Bob Crocker, a last minute entry to the race who does not even live in the Ward in which he seeks election. One, again, cannot help but wonder if Wells and Crocker are in collusion.
Wells may not be campaigning for himself, but he is surely campaigning for his allies. The cost of the letters will not be reported on Crocker's expense statement, should he win. One may wonder as well what, if any, other aid Wells' campaign has given to other candidates he favours.
The centrepiece of the now-evident corruption at city hall is the mail-in ballot process itself. This farce has been well-dissected on the Bond Papers before, in the Telegram, and more recently on radio call-in shows with reports of ballots being mailed to the dead and those otherwise long departed the city.
As noted here on other occasions, there is no system to detect vote fraud. Indeed, city officials have professed themselves unable to do even the simplest things to prevent a fraud worthy of Tammany Hall. This is nonsense: officials simply do not wish to prevent fraud. In the process they are clearly in violation of the Municipal Elections Act, including the provisions which allow the city to use an alternative voting system to the one prescribed in the act.
The very timing of the election and the use of mail-in ballots alone favours Wells and the incumbents. Most residents did not begin to pay attention to the election until after Labour Day. Ballots were mailed the following Friday, a mere five days later. As city officials and the incumbent councillors well knew, fully 80% of ballots were returned within three days of being received.
As a result, the election effectively ended on Wednesday, despite the official voting day of 27 September 2005. The strongest of Wells' likely critics having been kept silent until the votes were in, Wells managed to ensure that his only political competition remained a man whose sanity has come into serious question. Even had Wells' other challenger not been forced to withdraw from the campaign due to a family tragedy, there was hardly a chance that the aloof and unpalatable Vince Withers would have posed a serious threat to Wells and his machine.
In the end, residents of St. John's have re-elected the bully boy of municipal politics as their mayor. Another of his political cronies will likely take the deputy's chair by a landslide. Dennis "Doc" O'Keefe will be contented to talk of things he can do nothing about, like gas prices, or spend tax dollars chasing cruise ships, which, as a matter of fact produce the economic benefit of two decently located Tim Hortons coffee shops. Wells can count on O'Keefe's support, come what may.
As for the other councillors, those results will have to wait another two weeks. Irrespective of the outcome - whether all incumbents are returned or a few of Well's political foes are defeated - the Boss of the new Tammany Hall will weigh heavily on residents of the city and their wallets for another four years.