Midland council might be a little quieter and a little shorter for the next year.
Coun. Bill Gordon raised concerns moments before the consent agenda items were to be approved during Midland council, regarding the wording of two subsections of the 2022 procedural bylaws for the municipality: deputations, and notices of motion.
In the 9.11r subsection of deputations, Gordon cited a “slippery slope” when he noted that the town clerk ‘shall,' not ‘may,’ deny a request for deputation where the subject matter is litigation or potential litigation with the town, or an existing claim or future claim against the town.
“It’s far too vague, and any issue – any issue – has the potential for litigation,” said Gordon, calling the bylaw “overreaching” and adding that even the clerk is prone to the mistakes of human error.
However, it was 9.17d subsection of notices of motion, which held the majority of his focus.
“It almost feels like it’s written for councillor Gordon," he said. "I don’t think there’s anyone who’s advanced more notices of motion to get conversations started and have things happen in this community in this term than I have. That could very well end now.”
According to the bylaw, “The Clerk may, in consultation with the Mayor and CAO, refuse the inclusion of a Notice of Motion if it is deemed inappropriate or otherwise a matter that falls within the authority of the CAO or which circumvents an existing administrative process or procedure.”
Gordon felt that the ‘deemed inappropriate’ wording needed to be loosened, and called the statement a potential “affront to democracy."
“It can very easily be misapplied depending on the politics and who likes who and who wants to hear what at council meetings, since it has a very chilling and stifling effect, and I think it was designed that way,” Gordon concluded.
Whereas Coun. Beth Prost admitted that she had missed that reasoning due to poring through the extensive documents of the upcoming town budget and apologized for that, it was Coun. Cody Oschefski who countered that the procedural bylaw shouldn’t be a surprise for anyone having been started months ago.
“The initial draft of the procedure bylaw was presented to council at the November 17 council meeting,” said clerk Sherri Edgar upon request to provide a timeline. “So everybody had the document, it was posted on the website, the public had access to it as well.”
In addition, a public meeting was held on December 8 which received two responses, one being from Gordon’s wife Donna who raised similar concerns to those of her husband regarding the notices of motion and deputation litigation.
Edgar noted that all comments were included in the staff report and the valid concerns were taken into consideration upon drafting the bylaws for council’s approval on the evening.
Council passed the consent agenda with the municipal procedural bylaws coming into effect Thursday.
The procedural bylaw, as well as its recorded public meeting comments and draft revision changes, is available in full in the council agenda on the town of Midland website.
Council meetings are held every third Wednesday, and can be viewed on Rogers TV cable channel 53, or through the livestream on the Rogers TV website. Archives of council meetings are available through Rogers TV and on the Town of Midland’s YouTube channel.
