TAMRMS#: B06
13.1
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Council Policy C-CC-16 Meeting Through Electronic Communications Revision
Notice given by: Councillor Killick
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PROPOSED MOTION(S):
recommendation
That Council Policy C-CC-16 Meeting Through Electronic Communications be amended to add a section stating that Councillors shall make every effort to attend Council meetings in person and only attend Council meetings by electronic communications due to unforeseen, extenuating, or extraordinary circumstances.
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ADMINISTRATION’S UNDERSTANDING OF THE INTENT OF THE MOTION
Administration’s understanding of the motion is to amend the Meeting Through Electronic Communications Council Policy to add a section stating that Councillors shall make every effort to attend Council meetings in person and only attend by electronic communications due to unforeseen, extenuating, or extraordinary circumstances.
PURPOSE OF REPORT
The purpose of this report is to present a motion for which Councillor Killick gave notice on March 18, 2024.
BACKGROUND AND DISCUSSION
Municipal Scan
Administration contacted municipalities in the Greater Edmonton region, along with Red Deer, Medicine Hat, and Lethbridge, to find out whether those municipalities have any rules or requirements for Councillors pertaining to in-person attendance at Council meetings.
The following municipalities give Councillors the option of attending Council meetings either in person or virtually, without any restrictions:
- Edmonton
- Beaumont
- Leduc
- Strathcona County
- Spruce Grove
- Red Deer
- Medicine Hat
- Lethbridge.
The following municipality has rules around in-person attendance at Council meetings:
- Parkland County.
Parkland County’s Meeting Procedures Bylaw provides the following:
ELECTRONIC OR OTHER COMMUNICATION FACILITIES
46. Acceptable Circumstances for Use
(1) Meetings may be held by means of electronic or other communication facilities according to the provisions of the Act.
(2) A member may participate in a specific item(s) at a meeting by using a communication facility if:
a. The member is in a location outside Parkland County for any reason;
b. The member is in a location within Parkland County, but is unable to attend a meeting due to physical restraints for himself or herself, or an immediate family member;
c. There is a quorum of other members situated in the actual meeting place to ensure the meeting could continue if the communication facility failed;
d. The CAO is present at the Council or Council Committee meeting.
47. Notice of Proposed Use
(1) Any member who wants to use a communication facility must, at least seven (7) days in advance of the meeting date, notify, in writing or by email, the Chair and CAO (or designate) that he or she intends to participate in the meeting and provide the necessary contact information.
(2) The member will be available at least one (1) hour prior to the meeting to ensure the communication facility is functioning.
Meeting Through Electronic Communications Council Policy C-CC-16
Council Policy C-CC-16 was originally approved in June 2010. The Policy’s purpose is to specify the circumstances under which the option to attend Council meetings by means of electronic communications is available to Councillors. The Policy is attached for reference.
In summary, the Policy requires the CAO to provide a location for Council meetings where Councillors may participate by electronic means. Prior to COVID-19, this meant that a Councillor could call in to a Council meeting and attend in that manner. During COVID-19, this evolved to zoom meetings.
During COVID-19, the provincial government amended the Municipal Government Act and passed the Meeting Procedures (COVID-19 Suppression) Regulation. These new rules permit meetings to be held entirely via electronic means and state that this meets the requirements of the Municipal Government Act for public council meetings as long as members of the public are able to hear the meeting as it occurs and members of the public who would be entitled to make submissions during a meeting are able to do so.
Procedure Bylaw
The City’s Procedure Bylaw provides that “Members participating in a Meeting, including a Public Hearing, held by electronic means are deemed to be present for the start of the Meeting” (s. 42).
If a clause such as the one contemplated by this Notice of Motion was included in the Procedure Bylaw instead of Council Policy C-CC-16, stricter enforcement of the provision would be required, and addition of the following clauses would be necessitated:
- A definition of what extenuating and/or extraordinary circumstances are; and
- A process outlining a process for confirming electronic attendance prior to a Council meeting. It would have to consider, at minimum, a certain period of time in advance of a Council meeting that a declaration of electronic attendance would have to be made by Councillors along with the reason for selecting this form of attendance, who this notification would have to be sent to (for ex. the mayor), and what would be done with this notification (if anything).
Recommendation
Administration does not view monitoring the in-person or virtual attendance of Councillors at Council meetings as an administrative function. Therefore, it is recommended that if Council would like to insist on in-person attendance by Councillors at Council meetings, the wording striving for this should be added to Policy C-CC-16 instead of the Procedure Bylaw and be kept as broad as possible. This will enable Council to pursue this goal without administrative oversight.
STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT
Not applicable.
ALIGNMENT TO PRIORITIES IN COUNCIL’S STRATEGIC PLAN
Not applicable.
ALIGNMENT TO LEVELS OF SERVICE DELIVERY
Not applicable.
ALIGNMENT TO COUNCIL DIRECTION OR MANDATORY STATUTORY PROVISION
N/A
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Report Date: May 7, 2024
Author: Marta Caufield
Department: Legal, Legislative & Records Services
Department Director: Marta Caufield
Chief Administrative Officer: Bill Fletcher