2020-03-30_Committee of the Whole Open Minutes
2020-1
Special Committee of the Whole Meeting Open Session
March 30, 2020
Special Minutes of the Committee of the Whole Meeting Open to the Public
Monday, March 30, 2020 at 4:30 p.m.
th
8 Floor Boardroom, City Hall
Present: Mayor Don Darling attended in person
Deputy Mayor Shirley McAlary attended by conference call
Councillor-at-Large Gary Sullivan attended by conference call
Councillor Ward 1 Blake Armstrong attended by conference call
Councillor Ward 1 Greg Norton attended by conference call
Councillor Ward 2 John MacKenzie attended by conference call
Councillor Ward 2 Sean Casey attended by conference call
Councillor Ward 3 Donna Reardon attended by conference call
Councillor Ward 3 David Hickey attended by conference call
Councillor Ward 4 David Merrithew attended by conference call
Councillor Ward 4 Ray Strowbridge attended by conference call
Also Present: City Manager J. Collin attended in person
City Solicitor J. Nugent Q.C. attended by conference call
Common Clerk J. Taylor attended in person
Deputy Common Clerk P. Anglin attended by conference call
1. Meeting Called To Order
The Mayor called the Committee of the Whole Open Session Meeting to order. Due to Covid-19
Members of Council are physically distancing and participation by conference call is permitted.
The City Manager took roll call at 4:30 p.m. All Council Members were in attendance.
Record Pursuant to Section 68(1)
The meeting of the Committee of the Whole remained in Open Session to determine whether it
was appropriate to have the meeting in Closed Session to discuss general and specific Code of
Conduct matters. The following Senior Staff members provided advice.
The City Manager advised that, in his opinion, there are two options:
1. If Council Members do not discuss any city business, just discuss the code of conduct,
then the meeting should be adjourned, staff withdraw from the meeting and Council
Members stay on the call for discussion only.
2. If Council discusses City Business a meeting is required. The question becomes should
the meeting be in Open Session or Closed Session. The Local Governance Act (LGA) does
not specifically enumerate this matter in s. 68. However, the spirit of the Act may allow
for this.
2020-2
Special Committee of the Whole Meeting Open Session
March 30, 2020
The City Solicitor stated that the City Manager’s advice is accurate. Legislation does not work
like arithmetic. We need to respect the legislation. Some municipalities have retained a person
to review complaints, investigate and provide a report. The report would be made public with
the exception of what could be redacted under the Right to Information and Protection of
Privacy Act (RTIPPA). In our circumstances, the Code follows an honour system; it is not a
precise instrument. The options the City Manager outlined are valid.
The City Manager emphasized clearly that Council cannot make any decisions in a Closed
Session. Decisions must be made in Open Session.
The Common Clerk advised that the Office of the Common Clerk provides a public Notice of all
meetings.
Moved by Councillor Armstrong, seconded by Councillor MacKenzie:
RESOLVED that the Committee of the Whole Open Session meeting be adjourned.
MOTION CARRIED with Councillor Sullivan voting nay.
Common Clerk/greffier communal