Ombudsman André Marin, other watchdogs must reapply when contracts expire
Ontario’s hard-hitting ombudsman will have to reapply for his job amid NDP concerns Liberal government has “ulterior motive”

TheStar.com
Feb. 25, 2015
Rob Ferguson

Ontario’s hard-hitting ombudsman André Marin will have to reapply for his job amid NDP concerns the 11-year-old Liberal government has “ulterior motives” for holding an open competition.

With Marin’s second term expiring May 30, the government has adopted a new process for the hiring of all legislative watchdogs such as the ombudsman, environmental commissioner, the new financial accountability officer and others who provide independent and often stinging critiques.

“In the end, I think it would be very hard not to re-hire him (Marin) from among other applicants, given his track record,” NDP House leader Gilles Bisson said Wednesday.

“Does the government have an ulterior motive? They probably do, but I think you’ll have to ask them that.”

Bisson recalled the situation five years ago when Liberals anonymously slagged Marin’s office budget and employee relations in what some government MPPs privately called a “ham-fisted” effort to oust him.

Liberal House leader Yasir Naqvi said the government wants a “fair, open and predictable” method of seeking applicants for the high-profile jobs.

There is a hiring panel chaired by Speaker Dave Levac with one MPP from each of the three parties, who must agree on the final choice.

Naqvi said there is no agenda against Marin this time, which was not the case in 2010 when then-premier Dalton McGuinty had to step in by saying smears were getting “a little out of hand.”

“In Mr. Marin’s case, as you know, we just expanded his powers by passing the Accountability Act,” said Naqvi, referring to the expansion of the ombudsman’s mandate to put municipal governments, universities and school boards under his office’s microscope.

Marin, a lawyer, said he would like to serve a third, five-year term.

“I’m going to reapply for the job,” he told the Star, declining further comment.

Environmental Commissioner Gord Miller’s third term expires May 18 and he, too, has expressed interest in serving again.

“We respect the work both Mr. Miller and Mr. Marin do. As incumbents, they will be able to reapply,” Naqvi said. “We want to make sure it’s a predictable and a fair and open process.”

Progressive Conservative House leader Steve Clark said he agrees with the new hiring method and hailed it as “certainly a different approach than what the premier did with the ombudsman the last time.”

“In an open competition if any officers want to reoffer themselves, I think they need to be considered in the process,” Clark added.

Bisson said he’s not against the open competition where all three parties must agree, because “that way the person is neither pro-government nor pro-opposition.”

“The concept is if the person has done a good job — and clearly Mr. Marin has — it’s pretty darn hard not to pick him again amongst whoever else is applying because he’s proven his worth.”

As first reported in the Star on Wednesday, the legislative hiring committee chose Yukon deputy minister of finance Stephen LeClair as Ontario’s first financial accountability officer as in independent budget watchdog. As well, Brian Beamish will succeed former information and privacy commissioner Ann Cavoukian.