Minister working to have FOI legislation include universities.
The very public controversy over the sale of York lands has prompted the Minister of Training, Colleges and Universities, Mary Anne Chambers, to say she is working to have the Freedom of Information Act include universities.
The sale of York lands was apparently below market value, without tender, and handled by the chairman of York University's land development agency, Joseph Sorbara, the brother of Ontario Finance Minister Greg Sorbara. The land was sold to Howard Sokolowski, a developer whose company, Tribute Communities, is in business on major construction projects with Joseph Sorbara. On the surface everything appears a wee bit too cozy for our liking.
The NDP leader has apparently said the deal sounds like a big conflict of interest.
York has pretty much been forced to appoint an independent inquiry into the controversial sale. Such an inquiry can only be valid if indeed it is independent and we at OurTrent would like to see this one include an independent forensic audit.
A scenario like this provides further justification for Ontario universities to be put under the full force of Freedom of Information legislation without exemptions. It's pretty clear that self-appointed boards like we see at our Ontario universities cannot be relied upon to objectively evaluate themselves and their behaviour. How would Trent University perform if there were to be a forensic audit covering the period 1998 to the present?
We think Trent University should take the lead and its board should pass a resolution committing itself to transparency and accountability and to invoke a policy requiring full compliance with the Freedom of Information Act as if it were subject to the Act.
York U. board agrees to independent review of land transaction
By Karen Howlett
Globe and Mail On-line - March 1, 2005 page A9
York University will appoint an independent inquiry into a controversial sale of a parcel of land to a developer with ties to the official who negotiated the deal on behalf of the university.
The board of governors made the decision at a meeting late yesterday, following a request from university president Lorna Marsden for the independent review and a request by the Ontario New Democrats to have the provincial Auditor-General investigate the "shady" land deal.
"The board has reaffirmed its belief in the appropriateness, transparency and fairness of the process that resulted in the sale of university lands to Tribute Homes," it said in a statement. "However, because of publicly expressed concerns, it has been argued that we will forthwith ask an independent, respected person to review all aspects of the transaction."
Reports said that the land was sold to developer Howard Sokolowski in March of 2002, for $15.8-million -- apparently less than half its market value -- without public tender. Mr. Sokolowski's company, Tribute Communities, is in business on major construction projects with Joseph Sorbara, chairman of York University's land development agency, which handled the sale, according to the reports.
"On the face of it, that sounds like a big conflict of interest and a potentially huge loss, not only to the public purse but the public trust," New Democrat Leader Howard Hampton said during Question Period yesterday. "A lot of precious Ontario tax dollars go to this university. We want it to go to the students, not into the pockets of developers."
Ontario Premier Dalton McGuinty responded that the university's board of governors is ultimately responsible for overseeing land transactions. Everybody involved in the deal, the university, Mr. Sorbara and the developer, said everything was done properly.
Ms. Marsden said in a letter to the Premier that she believes the university "followed all the appropriate steps in approving the land developments."
Joseph Sorbara is the brother of Ontario Finance Minister Greg Sorbara.
"I'm pleased York University has decided to have an independent review and I think we should let that process work itself out," Greg Sorbara told reporters yesterday.
The controversy surrounding the transaction prompted the Canadian Federation of Students to call for speedy implementation of legislation extending the jurisdiction of the Freedom of Information Act to Ontario's universities.
"There is a growing concern over the idea that university administrators are exempt from disclosing details of the deals they are negotiating with corporate brokers," said Jesse Greener, Ontario chairperson of the Canadian Federation of Students.
Mary Anne Chambers, Minister of Training, Colleges and Universities, told reporters she is working to have the act include universities.
She told reporters there is no legislation requiring York to call for public tenders when it sells land.
Asked whether there is a need for colleges and universities to put land deals out for tender, she said: "You have to remember, we have 18 universities and 24 publicly funded colleges and we don't exactly see this popping up as an issue every day, so I don't think we should be too quick to react to a story."
However, Ms. Chambers conceded that "you want the best deal for any property or any arrangement that's being made. I'm kind of selfish that way."
