I Made A FOIPOP Request to the CBRM and All I Got Was...

On July 3, 2015, I made a Freedom of Information and Protection of Privacy (FOIPOP) application to the clerk of the Cape Breton Regional Municipality, Deborah Campbell, requesting:

Any communications between Mayor Cecil Clarke or his communications staff or CAO Michael Merrit and Barry Sheehy and/or Albert Barbusci and/or Harbor Port Development Partners between December 1, 2013 and June 29, 2015.

As you can see, I spelled Michael Merritt's name wrong. Perhaps that's why the results of my FOIPOP application were so, for want of a better word, sad. Perhaps I should have given up after reading the clause in the agreement signed by the CBRM and HPDP on June 16, 2015 (see attached documents) which states that both parties agreed "not to disclose to any third party the terms and conditions of this agreement."

But I pressed on with my request and a mere 104 days later received the documents I'm attaching here. Part of that time was needed to allow "third parties" whose "interests" might be "affected" by its release to determine what part of the requested information I was entitled to see. Those third parties were not, by an stretch of the imagination, over-sharers.

This odd little collection of documents is all that I -- and by extension you, dear reader, and all citizens of the CBRM -- are permitted to see. Remember that this period includes the 16 months during which Sheehy and Barbusci are apparently spending over $1 million of their own money to promote our port and are surely discussing this philanthropic venture with some higher-up in the CBRM.

It's mostly a snoozefest (unless you're actually interested in reading an article by Sheehy and his brother Matt on pilot-less planes or an article by Sheehy rehashing Mark Steyn's views on the decline of America) but it is interesting to note that Sheehy was sending his Cape Breton Post op-ed pieces to Mayor Clarke and his spokesperson Christina Lamey before they appeared in the paper, including his November 14 op-ed, "Sydney has ingredients for a world-class port", which he presents as the views of a disinterested third party, a "come-from-away" who is more optimistic about the future of the Port of Sydney than is that "naysayer" (and, let it be noted, port expert) Neil MacNeil.

The few emails included also show a mutual admiration society developing between Clarke and Sheehy. In one, dated March 11, 2015, Clarke writes to Sheehy and Barbusci regarding Sheehy's recent CBC radio interviews (including, presumably, this March 10 interview with CBC Mainstreet's Wendy Bergfeldt): "Huge thanks and kudos to both you gentlemen. I heard both interviews and they were bang on!"

Earlier, on January 20, 2015, Sheehy had sent the following fan mail to Clarke, a day after WestJet had announced it would offer daily flights between Sydney and Halifax: "Cecil, Congratulations on the new West Jet routes. This is a breakthrough for all of Cape Breton and I know it didn't happen by accident. My hat's off to the whole team who worked to bring this home. I would love to see the faces on the chronic "naysayers" at Tim Horton's today."

There's that word again, "naysayers," only now it apparently means "anyone who wanted coffee and a donut" on January 20, 2015.

Actually, of course, it means anyone who expresses skepticism about Sheehy's grand plans for our port -- skepticism that might be put to rest if we were actually, as CBRM citizens, privy to more details about Sheehy's plans. Surely we count as "affected third parties" in this and, as such, have the right to more information.

 

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Joe Ward Follow Me
So I guess the "cheap seats" the mayor was talking about are actually located at Tim Horton's. Why is Sheehy so concerned with the opinions of we, the ignorant masses? Though they haven't specifically used that terminology, it's a reasonable interpretation of tone from such comments they have made, IMO. They best way to quiet the "naysayers" is to execute on something beyond a promise or a abstract headline - which have been largely sizzle, not much steak. Great work on utilizing this tool (FOIPOP, Freedom on Information) to push for greater accountability and access to data for the benefit of our community. This is regardless of what information is contained, or what interpretation might be made of it by any party. The key is that you took the steps to get access and that is a very good thing.
James MacKinnon Follow Me
> They best way to quiet the "naysayers" is to execute on something beyond a promise or a abstract headline Exactly. There's been much too much 'big talk' around the CBRM recently riding on the coat tales of a handful of hard-working individuals who have actually accomplished something and improved the community. Ironically, the best examples of execution have come from the small business and tech scene; which seem to play 2nd fiddle to the supposed port project but would likely deliver a lot more tangible results with $1 million and special attention by the mayor.
Joe Ward Follow Me
So on page 16 of your FOIPOP document, the email does appear to be Sheehy coordinating his submissions to the Cape Breton Post through both Christina Lamey and the mayor. I find it surprising no response emails were included. Did they ignore him completely with the exception of the one time the mayor gave him props for an interview? There's a reasonable presumption that the "Carl" he references is the Cape Breton Post "Editorial Director": http://www.capebretonpost.com/Our-Team Though not surprising, it does make his article seem like much less of a concerned 3rd party submission, and shift more towards a sense of a coordinated public relations artifact cycled through the CBRM's communications staff and the mayor. http://www.capebretonpost.com/Opinion/Columnists/2014-11-14/article-3940573/Sydney-has-ingredients-for-a-world-class-port/1 Of course, he also may have simply attached Lamey and the mayor to the email in order to enhance credibility for the submission, by suggested association. I would like to see the CBRM acknowledged as a co-author to the submission if they were involved in reviewing or making suggestions regarding the article. TBD. #transparency
Mary Campbell My Post Follow Me
I think what he did was send the article to the Post (and yes, I think it was sent to Carl Flemming, the managing editor) and then forward the email and attachment he'd sent to Flemming to the Mayor and Lamey. So, effectively, the administration of the CBRM saw the piece before it went to print, which would not be the case were the piece truly written by a disinterested third party (even were it a piece in support of the project, in my opinion).
Joe Ward Follow Me
I wonder how many emails they may have redacted completely. Was there any indication of what *was not* included? I would have expected more emails given that there should have been some type of vetting process happening and Sheehy is apparently very comfortable communicating with email. Though there may be some valid confidentiality considerations, a full manifest of communication would have been useful. Example: > Email sent Dec 7th, 2014 from Sheehy to Mayor, CC Lamey, plus redacted consultant. Subject and content redacted for reasons of confidentiality concerns. And so on. Also, can FOIPOP also gain access to emails from Usher and the Port of Sydney corp?

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