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Kincardine will proceed with a review of its managers, staff and
council, provided there is money in the budget to do it this year.
However, a related motion by councillor Marsha Leggett, has been
withdrawn. In it, she called for pre-budget approval for the $125,000
cost; and she wanted all meetings, pertaining to the review, held in
closed session, with only council members present, including the hiring
of the consultant and the consultant's report.
When asked why she withdrew the motion, at the start of the March 4
meeting, Leggett said there was no sense in asking for pre-budget
approval because council is in the middle of budget talks right now. As
for her proposed method of conducting the review, she was told it was
illegal under the Municipal Act.
"Now, we just have to find the money in the budget to do the review,"
she said, "because it still stands."
In fact, staff had presented four pages of documentation, arguing
against the closed meetings for the review and the requirement that
'all' of council be present for those meetings.
The first clause addressed in Leggett's motion stated: "That all
meetings will be held in closed session as educational meetings and/or
to discuss identifiable persons with only the presence of municipal
council."
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10/03/2009 06:44 PM
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Staff said that goes against council's own
accountability and transparency policy, and the Municipal Act which
states council may go into closed session on certain items, based on a
list of criteria. However, there may be portions of the meeting which
should be held in open session and the matter should not be pre-judged.
Another clause in Leggett's motion states: "That all
meetings held for the discussion, review, meetings with respective
consultants for hiring purposes and the hiring process shall be done
only if full council is present."
Again, this contravenes the Municipal Act which says a majority of
council is necessary to form a quorum and conduct business. Otherwise,
one council member could stop the business of council by not attending a
meeting.
A further clause in Leggett's motion states: "That the consultant hired
by the council of the Municipality of Kincardine will report only to all
of council. The consultant will not report to management of the
Municipality of Kincardine with regard to the organizational and
operational review."
Staff said this again calls into question the issue of a quorum and the
efficiency and appropriateness of a requirement that all of council be
present to do the business of the municipality.
The staff report was prompted "due to the content of the proposed motion
and the contraventions of the Municipal Act and the municipality's
policies."
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