BC Freedom of Information and Privacy Association
Your Data Your Rights
The procedural bylaw lays out rules for how council conducts its business, but also generally allows council to suspend those rules when two-thirds of council agrees.
Presenting on a new draft of those procedural rules was the team that did the updates, Michelle Smibert and Michelle Casavecchia Somers.
They presented an updated procedural bylaw, and did some training around council process. They also encouraged members to review the bylaw to see if there were any changes needed before it is adopted.
Clerk Lindsey Green said a lot of dialogue had gone into the bylaw and she hoped to bring it back for approval on May 7. She encouraged council to ask any questions they had.
PUBLIC INPUT
One interesting change for the public is that the proposed bylaw will allow people to make 10-minute delegations on items on the agenda that day.
With the present rules, you might not be able to delegate on an item on the agenda, because you need to register before the agenda is published.
Deputy Mayor Barbara Dobreen commented that the change might make Open Forum less of a need. She welcomed the change.
“It’s excellent,” said Ms Dobreen. “This is definitely a step forward, in engaging the public and allowing them to speak to an item”.
Open Forum rules are remaining mostly unchanged. It’s allowed 15 minutes on the agenda, with a maximum of three minutes per person and no time extensions. Those who are speaking to council sign a register with the rules outlined. No motions, decisions or comments are to be made by council at that time.
A point raised by planning staff was that there’s a special process for the public to comment under the Planning Act – and that’s not Open Forum. The firm said that instruction could be noted in the procedural bylaw.
Manager Ken Melanson added that what might be seen as going outside the Planning Act comment process at a council meeting when a decision is to be made might open a risk of a challenge.
The consultants encouraged council communicating with the public in other ways, noting that many municipalities are holding Town Hall meetings.
Councillor Jason Rice welcomed the idea and there was a general discussion of how they might work in Southgate.
Town Halls would be to hear concerns and engage, but not for council to publicly commit to do something, because it is against the rules to advance council meeting outside of a formal meeting.
CAO Jim Ellis asked about whether Strong Mayor powers, which affect council process should be part of the bylaw.
The answer was that the bylaw says that if it conflicts with higher legislation, the higher legislation takes precedence.
CONSULTANT’S ROLE
The consulting firm, called Clerks on Call, provides bylaw help as well as training for staff and municipal councillors.
Michelle Smibert has more than three decades in municipal administration and recently was elected to her local council. “Michelle 2” also had three decades of experience.
They reviewed general matters related to procedure, including rules around open and closed meetings.
Those are governed by provincial legislation, and can’t be changed.
Local needs and legal requirements both were part of their consideration.
However, they stressed that rules are not rigid and inflexible. Council has the option to suspend most of its local procedural rules. An example would be amending the agenda after the adoption.
The bylaw should be user-friendly and should end up helping meetings, and not frustrate them, the presenters said.
There are five major sections: General; Duties and Conduct; Meetings; Public Participation and Motions.
Robert’s Rules of Order is the secondary source for things not covered in the bylaw.
Meeting principle, including having a right to information to make decisions, as well as courtesy and respect for members.
For those attending councils, they must not disrupt, and must not display signs. They cannot personally record meetings. Materials that people want council to consider should be sent to the clerk.
The two clerks said council meetings sometimes stretch out when a discussion of a council matter becomes a conversation.
Members can speak two times for up to five minutes before a vote.
The Local Journalism Initiative (LJI) is a federally funded program to add coverage in under-covered areas or on under-covered issues. This content is created and submitted by participating publishers and is not edited. Access can also be gained by registering and logging in at: https://lji-ijl.ca
You can support trusted and verified news content like this.
FIPA’s news monitor subscribers, donors and funders help make these available to everyone rather than behind a paywall. We appreciate every contribution because it makes a difference.
If you found this article interesting and useful, please consider contributing here.
