Provincial Ombudsperson Kim Carter recently released a report to foster openness, transparency and accountability in local government meetings.
Open Meetings: Best Practices Guide for Local Governments is intended to serve as a resource for councils and local government boards as they conduct open meetings and in the less frequent instances where meetings must be closed to the public.
“One of the cornerstones of open and transparent government in British Columbia is the requirement for local governments to conduct meetings that are open and accessible to the public,” said Carter. “Providing citizens with the opportunity to observe and engage their elected representatives fosters trust and confidence in decision-making processes and allows for meaningful participation and contribution from informed citizens.”
According to a Peak analysis, over 60 per cent of City of Powell River meetings, or a portion of meetings, from the beginning of January to the end of September were held in-camera, which means they are closed to the public. (See sidebar.)
Mayor Dave Formosa said there were many reasons for going in-camera. “First of all, you have this newer council that is committed to making things happen, to creating change and to attracting business and industry to come here,” he said. “We’re aggressively doing that all the time.”
In doing that kind of work, it’s necessary for council to go in-camera, Formosa also said, adding he feels he has a mandate from the electorate to pursue economic development.
Marie Claxton, city clerk, said she examined all of the in-camera minutes since the beginning of the year. Some of the issues that were discussed included service reductions and staffing levels as a result of the 2012 budget, she said. “But that was made public in a press release in April,” she said. “It also went out in the mayor’s message with tax notices this year.”
There were also issues discussed in-camera that related to the agreement-in-principle with Catalyst Paper Corporation, which was also made public in a press release, Claxton said. As well, there were a number of meetings about former chief administrative officer Stan Westby and his departure, she added.
Land disposition and related negotiations are discussed in-camera, but the Community Charter requires that local governments have to post public notice when everything is finalized, Claxton said. “There is accountability back to the public,” she said. “Of course, we discuss land acquisition negotiations in-camera, because there’s a negotiating strategy, what our final price is going to be.”
Other matters that are discussed in-camera are legal issues, litigation and proposed services, Claxton said.
The circumstances under which a meeting may or must be closed are found in section 90 of the Community Charter. Subsection 90(1) lists 15 circumstances when a meeting may be closed, while subsection 90(2) lists five circumstances when a meeting must be closed.
Carter’s report also addresses workshops and shirt-sleeve sessions, which can be meetings. “Any real progress in the decision-making process of a matter within the local government’s jurisdiction strongly indicates that a gathering is a meeting,” the report states. “A gathering is more likely a meeting if the attendees are discussing matters that would normally form the basis of the council’s business and dealing with the matters in a way that moves them toward the possible application of the council’s authority.”
Carter’s report outlines best practices, such as posting meeting notices with specific information to enable an understanding of the purpose of the meeting and the matters to be discussed. It also includes releasing minutes and other records that may have been generated during a closed meeting as soon as possible when the information would no longer undermine the reason for discussing it in a closed meeting.
Claxton said the city would be considering all the best practices in Carter’s report.
City of Powell River meetings from January 1 to September 30, 2012
Regular council meetings: 16
In-camera: eight (50%)
Special council meetings: 14
In-camera: eight (57%)
Committee-of-the-whole meetings: 16
In-camera: 13 (81%)
Special committee-of-the-whole meetings: two
In-camera: two (100%)
Committee-of-the-whole budget meetings: four
In-camera: one (25%)
Total number of meetings: 52
In-camera: 32 (61%)
