Mover: Councillor Wink
Seconder: Councillor Olson
WHEREAS the Town of Pelham recognizes that volunteers contribute tremendously to the community. The Town of Pelham has a number of committees of council that help improve and shape the future of our community by providing advice and feedback on a variety of issues.
AND WHEREAS all advisory committees record minutes of the meetings and said minutes are included on the regular Council Agenda as well as posted on the Town website.
AND WHEREAS prior to the COVID-19 pandemic, the general public was allowed to attend advisory committee meetings.
AND WHEREAS since COVID-19, advisory committee meetings have been held via ZOOM. When residents wish to join the meeting for a particular item, ZOOM details are shared with the resident and they are able to join the meeting as they wish.
AND WHEREAS there is no requirement in the Municipal Act that requires advisory committee meetings to be video recorded, however there is a requirement that these meetings are open to the public;
AND WHEREAS staff have recently provided the Town of Pelham’s new requirement that advisory committee meetings must be recorded and posted on the Town’s website and You Tube channel. This requirement was under interpretation of the direct of the Ombudsman.
AND WHEREAS the Ombudsman definition of committee is:
“What is committee?
For the purposes of the opening meeting provisions, a committee, subcommittee or similar entity of which at least 50% of the members are also members of one or more councils of local boards. A procedure by law can also designate certain bodies to be committees.”
AND WHEREAS all advisory committees have one council member on each committee on an advisory capacity with the exception of the Finance and Audit Committee which has three council members out of a committee of five.
AND WHEREAS the City of Hamilton was recently investigated with respect to an Advisory Committee meeting which had live-streaming issues and the committee continued. The Ombudsman ruled the committee met illegally in closed. The committee comprised of 1 Council Member and 9 Citizen members. It was deemed a committee within the meaning of the definition as it was defined as a committee within the City’s Procedural By-Law.
AND WHEREAS the definition of a closed session does not allow members of the public to attend and minutes of said session are not circulated to the public, notwithstanding the Ombudsman’s ruling.
AND WHEREAS with the change in advisory process many of our long-term dedicated volunteers have indicated that they will resign from their respective advisory committees if the Town insists on video taping all meetings and posting them on You Tube for perpetuity. Concern is posting likeness and image on the internet. Further concern is the stifling of free flowing discussions, brain storming and debate culminating in a committee’s recommendations and advise to council. Finally, this level of scrutiny may result in the unintended or unwelcome consequences.
NOW THEREFORE BE IT RESOLVED that Council for the Town of Pelham direct Council Advisory Committees are not required to be video recorded, save and except the Pelham Finance and Audit Committee, which composition is more than 50% Council Members and the Committee of Adjustment;
AND THAT Council Advisory Committee meetings are to remain open to public attendance, by ensuring all Council Advisory Committee meeting dates, times and Town staff contact information to receive zoom links shall be posted to the Town’s website at least 3 (three) days in advance of the meeting, and advertisement of Council Advisory Committee Meetings shall take place on social media in advance of the meeting;
AND THAT all Advisory Committee minutes continue to be reported to Council and posted on the Town website.