Saturday 17 January 2015

Council Minutes: Different rules for CNP vs. Calgary?

I have written the following to our MLA, Pat Stier:

I am wondering why Municipal Affairs recommends a lower standard of transparency in council minutes for Crowsnest Pass compared to Calgary. The 2013 Inspection Report recommended:

14. Administration refrains from posting unofficial minutes on the municipal website. All minutes must be adopted by Council before posting.

15. Administration discontinues the practice of recording votes on motions as unanimously carried or carried. All motions should be recorded as carried or defeated.

However, I notice that Calgary posts unconfirmed minutes (in a timely manner) and their minutes record opposed votes (regardless of whether there is a recorded vote).

I know these are "only recommendations" but, since Council has told the Minister that they are implementing all recommendations, it is effectively cast in stone. They tend to take these reports as gospel, over and above the law. (They also adhere to the outdated "Land, Legal, Labour" rule for confidentiality recommended in a 2009 report.)

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2013 Municipality of Crowsnest Pass Municipal Inspection, page 41

Council decisions are preceded by a motion and the vote on the motion is recorded in the minutes. The expectation of a council is that there is debate on motions and that there will be motions that are not supported by all councillors. However, once the motion has been voted on the expectation is that all councillors will support the decision made by council. We identified an issue in the notes, specifically in recording the difference between motions that are “carried unanimously” versus a motion that is noted as “carried”.

When recording the difference between motions carried unanimously versus a motion that was not unanimous, it demonstrates the cases where Council was split on a motion. This provides a clear signal of when all Councillors are in agreement and potentially could create a perception of the Municipality that if a motion is not carried unanimously then it is not as important as one that is carried unanimously.

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Calgary Procedure Bylaw

56. The City Clerk shall:

(1) ensure that all Minutes of Meetings are recorded in the English language, without note or comment;

(2) record the names of the Members voting on a challenge to a ruling of the Mayor, Sections 80 to 82;

(3) record the names of the Members opposed to a motion;

(4) record the names of those who vote for and against a motion in the Minutes when a roll call or a recorded vote is taken;

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