Lakeshore Advance, 2013-04-10, Page 7Wednesday, April 10, 2013 • Lakeshore Advance 7
Consultant says council has a right to calm deliberation
CONTINUED FROM > PAGE 1
It was established there was no rea-
son for it to be closed and was held at
the Legacy (:entre. Bel!chamber asked
that the meeting not be videotaped as
they paid a lot of money for this ses-
sion and he did not want to "see it on
Yowl'
the':
The fee was outside of his (:AO
recruitment consulting process with
an estimated amount of $3,000.00 and
can he accommodated in the budget,
explained treasurer Janet Ferguson.
Most members of council along with
some senior staff; Acting CAO Janet
Ferguson, Clerk Carol MacKenzie
and Director of Community Services
Brent Kittsler, attended this sleet-
ing. Councilors Doug Gook and John
Russell could not'atten(I due to work
schedules.
Council members are encouraged
to go to education meetings when
they are first elected and Bellchamber
tolls the Lakeshore Advance, "it never
hurts to refresh."
From the onset of the (meeting Bell -
chamber explained council are not
elected t0 be it 1('ti111; you are elected
to be it councilor. "Everyone does
the hest they can based on what they
believe and belief drives behavior," he
said, "You get what the electors put
together."
QUESTION PERIOD
'Hie practice of question period was
discussed with Bellchamber remind-
ing councilors that they control the
meetings and there is a forum already
in place, through delegations, to hear
public complaints
"'This is your sleeting, the public
has a right to observe only" and is sub-
ject to statutory provisions or coun-
cil's consent. "Council has a right to
an atmosphere of calm deliberation,"
Bellchamber said. I le said when coun-
cil permits the public to speak, "expect
an ambush."
"The public has a right to observe,
-111 'i no right to participate." Ile saki when
the public ambushes the council it
"takes away from the good you do
from time to time. it does not help if
you are taken by surprise."
Councilor Doug Bonesteel asked
if there should be a public apology if
a member of the public berates staff.
Bellchamber said if that happens,
whether it is staff or a council member
being ambushed, that person needs to
be told that action is not tolerated and
should it happen again, they could be
removed. "it is rare, but it does hap-
pen;" he said adding you can't force
someone to apologize.
Deputy mayor Elizabeth Davis Dagg
asked about personal attacks in a
public forum. Bellchamber said that
any member of council could ask for
a point of order and.make the per-
son stop. if no council member stops
the berating, the CA() can step in
and "take a bullet for the council." Ile
later told the Lakeshore Advance if it
is in a public place, (outside of cham-
bers) there is no municipal recourse;
the council member should just walk
away.
THE MAYOR VOTES
Ile also talked about voting and said
all members of council vote- and that
includes the mayor. "Soule members
think the mayor does not vote -mayors
always vote," he said.
Davis-Dagg wondered if that proc-
ess lacked objectivity from the chair.
Bellchamber explained municipal
government is a democratic process,
so "no." Ile went on to say the chair
rarely has an opinion and if they (10
they hand over the gavel.
"Ina Targe council of 15 to 20 mem-
bers, sonu'tinles the chair won't enter
the debate tllll('SS they actually leave
the chair and speak from someone
else's seat, he said. 111 smaller cowl
oils it may mean moving the gavel to
someone else's seat, or there may he
00 formal procedure.
Bellchamber explained individ-
ual councilors wield very little power
beyond it single vote. Instead it is
council itself that exercises its power
through the imposing of bylaws.
"There's an obligation to heads of
council to chair meetings in a manner
that will help conduct the business of
the corporation effectively an(1 effi-
ciently;'
Bellchamber said.
"The Municipal Act does not talk
about councilors," he said, " it talks
about council." Ile also mentioned
Roberts Rules, written in the 1 000
have changed over and over an(1 that
"the rules do not apply to a municipal
council."
RESPONSIBILITIES
Davis- Dagg said when it ratepayer
has an issue she takes that concern
to staff and asks them to (Jeal with
it. Bellchamber disagreed. "What is
urgent to the ratepayer may not be
urgent for the whole municipality." Ile
said to pass along the business card of
the staff member and have the rate-
payer call them directly" Ile reiter-
ated staff dog's (lay -to -day operations
and council does not have the abil-
ity to impose deadlines. Ile said staff
could deal with the issue and attach
the deadline.
"We are public servants," argued the
deputy mayor. "No, " said Bellcham-
ber, you are council members- staff
are public servants."
Ile discussed tht' staff role saying
they analyze and make recommen-
dations of the identified issue. Davis
Dagg asked how much analyses the
council should (1o. Bellchamber said
staff does not expect the council to
(10 a lot of analyzing. In other words,
a good staff has the expertise, "that is
why you have staff, that is what they
were trained for." Ile continued by
saying even if there is someone on
council with an expertise, they might
Lynda Hillman -Replay
Consultant Nigel Bellchamber educates Lambton
Shores
not be there after an election. "[.five it to the
staff," he said adding they should not he micro -
managing. 'lhe deputy then asked about the fre-
quency of a tracking list. Bellchamber said quar-
terly ur every six months. Ile said the members
could always ask staff for information but in
most cases, as in an auditor, it is part of the job of
tilt' experts to keep staff in the know.
"You can ask staff if something is (lone, it Hoes
110t illl'all you Th'u'd t0 See it,' he Said.
THE AMBUSH
The "ambush" was also a talking note for
this forum. Bellchamber said council could he
ambushed by staff, individual members and by
the public. "Personal attacks on councilors and
staff aren't alllbtusill'S, they al's' just unacceptable
behavior by anyone in the public sector." As an
example of being ambushed is when an "emer-
gent" issue is debated before staff or council
members have had a chance to get the proper
information for discussion purposes. "Emergent
does not mean emergency," he told the forum
explaining an emergent issues could be a flood
or other natural disaster. "Be careful what you
(1o." he said, "You could embarrass yourself."
Bonesteel asked about getting past having your
motion lost 111 a vote. Bellchamber said to back
and look at the decision. "Even if the vote did not
go your way- council as a majority made the right
decision. Council does not work by consensus,"
he said. Ile said to remember to modify their
thinking if they believe "it is all about them."
"Decision making in marriage is a lot different
than decision slaking in council," he said, add-
ing they need to know what decision snaking is."
Davis- Dagg said the media is reporting they
are not making decisions. Bellchamber sug-
gested they have to ask themselves if they are fol-
lowing procedure. "Your efforts could look good
on paper- but not in practice. It could be the per-
ception that it takes hours for a decision. Is that
efficient? Decisions are being made- what are
you spending time on?" he said adding the sys-
tem is set up to have a difference of opinion- but
they need to be resolved quickly. "Focus on the
interest instead of position," he said. 'Ihis council
does have Section 7.4 (invoked by a motion from
Bonesteel in 2011)111 their procedural by-law to
prevent the inordinate amount of discussion on
each and every topic in the agenda. That section
has been waived toany times since it Came into
being.
Scott asked if the disagreement goes away?
"No.," Bellchamber said explaining that once
decisions are made that has to be the end of it or
the council is identified with not respecting the
process.
Ile talked about the dangers of e-mail or
phone meetings, as they are conversations the
public does not have the ability to observe and
the "full story" never gets out.
„Never assume the community has the exact
meaning Without validation," he said adding one
way, as in an e-mail, communication is too eas-
ily misread.
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