City council’s decision to fire the Board of Revision and replace it with a private company was made behind closed doors, which appears to contravene its Procedure Bylaw and The Cities Act.
The decision to fire the citizen-based BOR occurred in-camera — behind closed doors — during the May 9 executive committee meeting, after Mayor Clive Tolley let slip during a May 10 chamber of commerce event that council had “removed” the existing board.
Letting it slip
During a media scrum after the May 24 council meeting, Tolley admitted that he discussed the board’s firing at the chamber event even though council had not yet announced the group’s future.
“Yes, I let it slip … . And then I, of course, realized it had been in (executive) committee, but it hadn’t been made public at a city council meeting,” he said.
When asked whether council had talked about replacing the board behind closed doors during its May 9 executive committee meeting, Tolley said he couldn’t remember when or where council discussed the issue.
“But, I do know that it had not been part of a (public) council meeting, so it had not been passed at council,” he added.
According to section 93 of The Cities Act, an act or proceeding of council is not effective unless authorized or adopted by resolution or bylaw at a duly constituted public council meeting.
City hall recorded the media scrum but edited out the first 10 minutes with Tolley's comments about his slip up. However, the media still has the audio recording.
Private conversations
Also, during the media scrum, reporters asked city manager Jim Puffalt why the initial discussions about hiring a new BOR occurred behind closed doors. In response, he said council and city administration reviewed the performance of contractors and provided opinions about them.
“That’s something that … we generally hold in confidence and then bring it out when we’re to the point (of hiring),” he said.
A review of the May 9 executive committee minutes shows council did not exit in-camera to direct administration to write a report about hiring a new BOR. The Cities Act says council may close all or part of a meeting to discuss matters but must adopt decisions in public; those decisions become part of the minutes.
Meanwhile, the city’s Procedure Bylaw says, “… no act or proceeding of a standing committee” — executive committee is listed as such — “is effective unless it is authorized or adopted at a meeting, which is open to the public.”
A full-time board
Council and administration were clear during the May 24 meeting that they appreciated the work of the citizen-led Board of Revision but wanted to pursue a professional BOR, Puffalt continued. Council understands that the board is quasi-judicial and cannot be directed but believes a full-time group can do better.
When asked if he recalled council deciding behind closed doors to hire a private Board of Revision, Puffalt said that council directed city administration to write a report for the May 24 regular meeting.
When asked to clarify whether that directive to write the report was made behind closed doors, Puffalt replied, “I think, as I said, council directed us to write a public report to council, which we did tonight (May 24) and council approved it tonight.”
When asked several times whether council should have exited the executive meeting’s in-camera portion to direct administration to write the report, Puffalt reiterated that council made no formal decision about the board until city hall presented the report during the May 24 meeting.
“… council can’t make a decision until we write the report and so that’s what we’ve done,” he said. “I know you’re trying (to acquire the answer), but I’m just saying until council makes a decision in open (meeting), it’s not a decision.”
Poor choice of words
Reporters pointed out that Tolley said during the May 24 regular meeting that he phoned the citizen-led board and thanked them for their service — before council officially fired them.
“I think that the mayor misspoke at the chamber of commerce meeting, which he has readily admitted,” said Puffalt.
However, he didn’t think Tolley misspoke during the council meeting since he simply “thanked them for their service up to this point.” Instead, after the Moose Jaw Express inquired about the mayor’s chamber-related comments, city hall didn’t want to concern BOR members about their future and phoned to warn them about the article.
The one question that remains is if council's direction to city administration to write a report to fire the citizen-led BOR and replace it wtih a private company is valid, since the direction was given behind closed doors and not in a public meeting and wasn't listed in the minutes of the May 9 executive committee. The Moose Jaw Express asked the Ministry of Government Relations this question, but was told provincal legislation does not address that issue.
The next regular council meeting is Monday, June 13.
