I posted a question for @LethbridgeCity council on X. The response was, "Talk to 311."
I hit up 311 on the chat on the City of Lethbridge website with the same question. The response was, "Send your question to Mayor and Council using the online form." (Available here: https://www.lethbridge.ca/council-administration-governance/mayor-and-councillors/)
I sent my question via the form.
I waited.
That was February 7th, 2024.
While I was waiting, I had more questions. @LethbridgeCity on X.com referred me to 311 who referred me to the Mayor and Council Form where I submitted my seven questions and a request for an answer.
Your worship and council,
With regards to the proceedings of the February 27th,
2024 council meeting, I watched the broadcast of the meeting (those portions
that were broadcast) and I have consulted the published agenda and subsequent
minutes. I find that there are discrepancies between what I saw and what
constitutes the official record:
·
Council moved to go into closed session at
12:30pm before the meeting was called to order at 1:30pm
·
The motion at 12:30pm to go into closed session
references 3 items that were not on the published agenda.
·
When the agenda was adopted the three additional
items presumably discussed in closed session were added to the agenda. These
three added items were the only noted amendments to the agenda.
·
On the item of the Consent Agenda, the chair
stated that the items in the consent agenda were those that were published in
the agenda package, but there were two additional items added (and displayed on
the screen) that were not on the published agenda nor on the amended agenda.
·
The minutes of the motion by Councillor Crowson
at 2:47pm to go into closed session have more specific wording different from
what was provided on the floor to the public in attendance.
·
There was no motion for nor mention of an
amendment to OBM 6.1 nor to passing it as amended, but the motion in the
minutes differs from the motion presented on the floor and in the agenda
package.
Given that the “Agenda means the items of business of a
meeting and the associated reports, bylaws or other documents and includes the
order of business and time for said meeting” (Procedure Bylaw s.5(d) ), and
that “If the agenda has been published, a Member may present an item as Urgent
Business at the beginning of a meeting for inclusion on the Agenda” (Procedure
Bylaw s.107(b)), and that “If a Council Member wishes to make change to the
order of the agenda at the Meeting, the Council Member may, before the Agenda
is adopted, make any such alteration by General Consent” (Procedure Bylaw
s.110):
1)
Which Council Member presented items 14.3, 14.4
and 14.5 as Urgent Business at the beginning of the meeting? What was result of
the vote to allow those items?
2)
Which Council Member wished to change the order
of the agenda to consider items 14.1 through 14.5 earlier in the agenda? Was
there general consent?
3)
Which Council Member wished to change the agenda
to move items 14.1 and 14.2 into the consent agenda?
Both the MGA and the Procedure Bylaw give clear direction
about holding meetings in closed session. From the Procedure Bylaw s.131:
“Before holding a Closed Meeting, Council […] must adopt a motion, in a Meeting
open to the public, that part of the Meeting be a closed meeting and the Motion
must include: (a) the title of each item to be discussed; and, (b) the
applicable provisions of the Act and/or FOIP.” From the MGA
“197(4). Before closing all or any part of a meeting to the public, a council
or council committee must by resolution approve (a) the part of the meeting
that is to be closed, and (b) the basis on which, under an exception to
disclosure in Division 2 of Part 1 of the Freedom of Information and Protection
of Privacy Act, the part of the meeting is to be closed.”
4)
Did council pass a motion in an Open Meeting at
12:30pm to go into closed session for the stated purposes? Was the wording on
the floor the same as that in the minutes?
5)
Did council fail to follow the requirements of
the MGA and the Procedure Bylaw at 2:47pm when a non-conforming motion was put
forward to go into closed session, which motion was passed and acted upon?
Given that the role of the Chair of any meeting includes the
responsibility to preside over meetings and enforce the rules of the Procedure
Bylaw, and that all Members having committed to the Council Code of Conduct
Bylaw:
6)
Will the Mayor (as Chair) and any other Council Members
commit to following the Procedure Bylaw in “the spirit of fairness, equality,
and common sense”?
7) Will the Mayor and other Council Members hold
each other accountable to the Bylaws in accordance with the letter and spirit
of the Code of Conduct Bylaw?
I look forward to your timely answers to these seven
questions.
Regards,
Stephen Graham
Lethbridge Alberta
And I waited.
That was March 5th, 2024.
On March 11th, I had an online chat with 311.
On March 12th, I submitted some more questions. This time directly to the Mayor and Council Form.
And I waited.
On March 25th, I was on a chat with 311 and did a follow-up on my 3 outstanding requests for information from Mayor and Council.
And I waited.
On March 28th, 2024, I happened to be in City Hall so I enquired at the 311 desk about this. The person at the desk referred me to call 311. I did.
The 311 person on the phone forwarded me to another person. I left a voicemail.
And I waited.
On April 8th, 2024, I phoned 311, I was transferred to the person tasked with resolving my questions. She apologized for the delay but there were some internal things happening. She was working on it and had to confer with colleagues. It would be 2-3 more days.
And I waited.
But today, April 18th, 2024 at 7:54 a.m., I received an e-mail from 311 Inquiry Resolution:
That's it. Not answers, just thanks for being interested, your concerns have been noted and forwarded.
I wonder how long I will have to wait to chat with the Mayor, City Manager, or City Clerk about this?
Is my next stop Municipal Affairs? The Ombudsman? Court of King's Bench?
I'm beginning to think council and administration don't want to be questioned.
