Puslinch councillors recently had a brief review of the criteria behind what can and cannot happen behind closed doors.
Mayor Dennis Lever said he specifically included Section 239 of the Municipal Act regarding what can and cannot be included in open and closed meetings.
“As you know, there’s been some discussion about emails passing around,” said Lever.
He added he had concerns about this and had expressed his opinion to the group involved.
“I want everyone at the council table here to understand what the requirements are.”
Lever said, “the way the Municipal Act is worded is that everything has to be open – with a few exceptions.”
He wanted councillors to understand that emails cannot be broadcast voicing opinions, without the public being invited to the discussion. It is a matter of transparency, which is why it should be done during a regular public meeting,” said Lever.
“Because there are citizens sitting on the committees, I expect the committee chairs will explain this.”
He said while it may seem like an obstruction to communicating, “there is no option, (the Municipal Act) must be followed.” Lever said if council had concerns, they should talk about it now, while the clerk was present.
He stressed this information must be passed on clearly to members of the committees.
Councillor Susan Fielding said the issue had been touched upon because it had been a problem with the recreation committee.
“The consensus was that they were not very happy with this and this stymies what they are trying to do.”
She said information can be sent out, but not commented on.
Fielding added that if an urgent decision or discussion was needed, additional meetings could be called.
“I guess that’s the law, but people didn’t like it.”
Lever responded “The bottom line is that we can’t do anything about it. We have to abide by it. We simply do.”
He also agreed that if something needs to be dealt with, a special additional meeting might be the best way to deal with it.
“In fact, it is the only way to approach it – or wait until the next regular meeting.”
Fielding also asked about a recent incident at the recreation committee where a member, unable to attend, sent her an opinion on an issue and wanted to be counted when an issue was discussed.
“Should I have allowed that to happen?”
CAO/clerk Karen Landry said, “You can’t vote if you are not present, and you can’t vote through an electronic means.”
She said when the last set of changes were made to municipal legislation, there were comments made by municipalities suggesting specific changes, but those changes were not included in the revised legislation.
Fielding noted the stand the individual had taken did not change the vote results.
Landry said the issue was similar to proxy voting, and, “there is no provision within the legislation to permit it.”
Fielding said some committees she takes part in do allow it.
Landry explained those committees are not through the municipality and therefore not covered under the same legislation.
