Skip to content

Council race: Proposed changes to procedural bylaw a good thing, Ward 5 incumbent says

Robert Kirwan says after he’s re-elected he will push for Committees of the Whole format for council
Kirwan_Robert_2
Ward 5 Coun. Bob Kirwan. (Supplied)

Ward 5 incumbent Robert Kirwan said proposed changes to the city’s procedural bylaw that are coming up for a vote on Sept. 25 are positive.

The bylaw changes would see motions to defer become debatable, and also resolutions that are 12 months old could be changed or repealed with a simple majority of council.

“I am very pleased to see two small but significant changes to the Procedure By-Law which is likely to be approved at the City Council meeting on September 25, 2018,” he said. “There is also another change that I will be proposing to the new council at the beginning of the next term which has not been brought up at this time by staff but which I think is critical moving forward.”

Kirwan also said once he’s re-elected, he will be proposing that some committees become part of a Committees of the Whole system to streamline the voting process and ensure all councillors are aware of the details of proposed motions coming from the various municipal committees.

“I feel that in order to ensure that all members of council are fully aware of the details of the policies and decisions we have to take ownership of is by being present to engage in meaningful debate and discussion as a Committee of the Whole when the matter first comes up,” he said.

The full text of Kirwan’s release appears below.
 
I am very pleased to see two small but significant changes to the Procedure By-Law which is likely to be approved at the City Council meeting on September 25, 2018. There is also another change that I will be proposing to the new council at the beginning of the next term which has not been brought up at this time by staff but which I think is critical moving forward.

The first change that I am happy to see is that motions to defer will now be debatable. In the past, debates on a motion were often abruptly stopped when one of the councillors moved to defer the motion to another meeting. Once the motion to defer was on the floor, all discussion ceased and councillors would usually vote to defer the motion to another meeting because there was no opportunity to examine whether or not that was the best approach.

The change being proposed will now allow councillors to debate as to the advisability of the postponement of the motion on the floor. This will enable councillors to give full consideration to the consequences of delaying the decision to a later date. It should allow us to deal with resolutions in a more timely manner. From now on we will only defer motions if councillors are convinced, after debate, that this is the best course of action. 

Another change that I think is going to be significant is that after a resolution has been in effect for 12 months, that decision can be amended, varied, or repealed by simple majority of council. A motion to reconsider, which requires a two-thirds majority before the amendment can even be discussed, is only required if the previous decision was made within the past twelve months. 

Currently, if council passes a resolution, the only way that resolution can be amended during the same term of council is if a motion to reconsider was passed first. This new change will allow for councillors to move amendments at any time after 12 months have gone by and take part in debate without the need for a two-thirds majority. 

At least now if a councillor feels that an amendment to a previous motion is warranted, he/she will be able to present the motion for debate and a simple majority decision as long as it was 12 months previous that the original motion was passed.

The one change I am going to be proposing to the new council after the election, and which would be considered a huge departure from the current model is that the Planning, Community Services, Operations and Emergency Services committees become Committees of the Whole of council. Currently, each of the committees consists of five or six appointed members of council. 

As it stands now, decisions made at the committee level are recommended to city council for approval, and most of the time these recommendations are automatically approved at the next council meeting without discussion. I feel that in order to ensure that all members of council are fully aware of the details of the policies and decisions we have to take ownership of is by being present to engage in meaningful debate and discussion as a Committee of the Whole when the matter first comes up. 

The decisions can still require final approval at the next city council meeting, but at least then, if a Councillor has second thoughts, he/she can bring up the concerns knowing that all other councillors will be aware of the points that are being raised.

In my opinion, and in the opinion of the lawyers presenting to a workshop in Ottawa this summer on the new LPAT process, it is advisable all councillors to be present to hear public presentations on planning applications that are being approved at council. If you are not there to hear the public and staff presentations, it is going to be hard to convince a judge in the case of a legal challenge that you made an informed decision when approving a resolution that ends up being appealed. So at the very least our Planning Committee should be a Committee of the Whole of council.

All in all, I think the changes that are being proposed to the Procedure By-Law should help our meetings move along more efficiently. But I also think it is time to replace the smaller committees with a Committee of the Whole of Council in order for us to fulfil our legal responsibilities to the citizens of this city. That is the change that I hope happens soon after the new council takes office.

Learn more about Bob Kirwan on his election page at Sudbury.com.


Comments

Verified reader

If you would like to apply to become a verified commenter, please fill out this form.