THE DEMOCRATIC REPORTER
Pages of Special Interest;
Other Table of Contents;
1973 1974 1975 1976 1977 1978 1979
THE COUNCIL OF
SESSION 14 - COUNCIL - MINUTES
WEDNESDAY, JUNE 7, 2006, 9:00 A.M.
1. CALL TO ORDER 1
PRESENT: Mayor Hazel McCallion
Council - 6 - June 7, 2006
6. PUBLIC QUESTION PERIOD
(a) Upper Hurontario Street Corridor (Ward 5)
Carmen Caruso, Goldberg Group, appeared before Council to request that Recommendation PDC-0048-2006 be amended to include that staff also meet with representatives from Orlando Corporation. Council agreed to the amendment.
(PDC-0048-2006/May 29, 2006)
Council - 7 - June 7, 2006
Donald Barber appeared before Council advising that he would like to address Council regarding an item that was not on the agenda. Mayor McCallion advised that she had been requested by Council to follow the City's procedural by-law which states that members of the public shall not address Council except with the permission of Council. Mr. Barber advised that it was customary in the past that a member of the public could address Council on any item whether or not it was on the agenda. He enquired if Council had changed it's procedural by-law without proper notification. The City Clerk clarified that recently the Mayor had been asked to follow the City's procedural by-law citing the section of the by-law that states that any person wishing to address Council on any matter shall submit a request to the Clerk at least six days prior to the meeting stating the nature of the business to be discussed. Councillor Iannicca added that this issue had occurred at Region of Peel Council, when a member of Mississauga Council had asked for a leave to speak on an item that was not on the agenda and was denied the request.
Mr. Barber asked Council to pass a motion to permit him to speak to the Sheard Property on Airport Road. Councillor Corbasson suggested that Mr. Barber place his request in writing to General Committee, asking the questions of staff that could be answered at that time.
Roy Willis who was in the audience, advised that he was in agreement with the process and that any future requests to appear before Council would be in writing to the Clerk within the required time frame.
Comments regarding the June 7-06 Council meeting;
This is a lesson of how to control a meeting by controlling how the minutes of it are written.
First of all there is no mention or suggestion of any problems with how either how I (Don Barber) or how Mr. Willis acted. That there is no mention of City security being called or taking action against us. Clearly the City knows it did wrong and is trying to cover it up. More importantly it agree with us that we did no wrong and the conformation that day was caused by the City.
More comments will come later.
The transcript of my visit to City Council June 7th, 2006;
HMc: Mayor Hazel McCallion
DB: Excuse me, Point of Order –you missed a subject here, Number 6, Question Period?
DB: Questions from the Public? Number 6? You missed that one.
HMc: Yeah, anybody, uh, the staff has drawn to my attention uh, of our Procedural by-law, Don. And [reading] “members of the public present in the council chamber will maintain order and quiet and shall not address council except with the permission of council.” That’s our present ah, Procedural by-law.
So if you wish to address council and it’s not on the agenda –
DB: Oh it is on the agenda.
HMc: If it is on the a – if it is on the agenda, then you should come forward then.
DB: Yes, it is. “Public Question Period Number 6. It is before Corporate Reports.
DB: I came up here and then you said, ‘I would like anybody to address something that is on the agenda.
HMc: That’s right.
DB Question Period is for things that are not on –the Question Period.
HMc: No, no. We have --That has been eliminated –question--
DB: You have eliminated that?!
HMc: No, we haven’t eliminated it. There is a procedure to follow that staff has drawn to my attention and that is, that if it is not on the agenda, it must be a Motion of Council to hear the deputant. I –I should not have that authority to make that decision. It’s up to Council that gives me that authority.
DB: Well, I’ve always been informed that it is something that is not on the agenda
HMc: No, no.
DB: Because if it was on the agenda then you--
HMc: If it’s on the agenda, then you’re quite free to speak to it, yes.
DB: Then it would be addressed at another time during some other –because then it would be on a different time in the agenda.
DB: And we’ve seen that happen today that where things were brought forward –it is for things that are not on the agenda.
DB: Because then why would you have a question period --
HMc: No. If you have an item that’s on the agenda, we welcome you to speak to it.
DB: It is for items that not on the agenda. You--
DB: OK. Could you please ask for the Public Question Period? You neglected the Public Question Period. Could you please ask for that?
NOT SURE WHO SAYS ---No no that’s-- [inaudible]
HMc: No, I didn’t ask for a Public Question Period. I will ask for the Public Question Period but then for the person to be heard it needs a Motion of Council.
DB: Well --do so.
HMc: So. You wish to be heard?
DB: Yes, I do.
HMc: And what is the item?
DB: It is an item in regards to ah --some planning that’s going on the Airport Road and I would like to ask a couple of question of --Council.
NI: Madam Mayor, on a Point of Order. Is it an item on our agenda? --Today? Do I have a report [inaudible]
HMc: Is it on the agenda. Otherwise –what we are trying --
DB: You just said --THAT
HMc: What council –No. Just a moment --
DB: Council can make a motion to hear it.
HMc: No. No. Yuh --it needs a motion to hear it because the motion will possibly read –or could be—that you go to General Committee. We’re trying to encourage items that are not on the agenda to go to General Committee where it can be debated and Staff has an opportunity to investigate it. Otherwise it comes here and we send it to General Committee
DB: When have you formally changed these procedures?
HMc: It’s always been the procedure. No change.
HMc: I’ve just not been following the procedure being far more –ah—liberal with it.
DB: For the last 10 years?
HMc: Yes, that’s right.
Somebody: For the last 30 years.
HMc: For the last 30 years.
Somebody: 30 years.
DB: For the last 30 years, you’ve got it wrong.
HMc: Yuh. Anyway. Uh. The item that --. What do you wish to deal with and we’ll follow the procedure. What is the item?
DB” Yes, it’s about the Sheard property?
HMc: The which?
DB: s. h. e. a. r. d. Sheard. Property?
HMc: Oh. Yuh. [aside] the Sherd [inaudible] --s. h. e. r. d.
DB: And I have a couple of questions which is consistent with the Public Question Period. And I would like to ask this of Council. Which has been the standing procedure for the last twenty-thirty years?
HMc: Well it is changed. I’ve been directed by Council to follow the procedure.
DB: Well, actually since this has been the procedure for thirty years then that would be the procedure.
NI: That is not the procedure [inaudible]
DB: Then if you follow the right procedure, then you have to go with the fact that that is the standard way in which you do things.
HMc: You want to discuss the Sherd Property on Airport Road.
DB: No, no, I want to ask questions --in the Question Period which you did not ask. You skipped over that particular item. So I would like you to call forth Question Period
DB: And then--
HMc: I’ll ask the clerk to explain it if you would. Maybe we’ll--
Clerk: Recently, Council has asked Madam Mayor to ah, to follow the City Procedure By-Law? So notwithstanding the comment that she may have not been following procedures which was a practice, the City does have a City-procedure by-law covering the operation of Council. And our procedure by-law does indicate that if a person wishes to address Council then they are to make their request in writing six days prior to the Council meeting.
And then if a matter is not on the agenda, if Council wishes to deal with it then they can pass a motion to accept that deputation.
DB: I would like to hear the part that specifically addresses Question Period. That is a general procedure not Question Period. What have you got for Question Period?
Clerk: [long pause] The Procedure By-law states, [long pause] “Any person wishing to address Council on any matter shall submit a request to the clerk at least six days –“
DB: No, no, Question Period. Question Period.
Clerk: Then it says, Clause 35, “A person granted permission to address Council shall confine their remarks to the stated business—“
DB: No, Question Period.
Clerk: Then it states, then it states, “Council may grant permission to a person who is present at Council and wishes to address Council on a matter on the agenda.”
DB: Question Period. You’re reading a generalized statement to try to get rid of an issue rather than dealing with it.
HMc: Crystal, is there anything in the Procedure referring to Question Period?
Clerk: In our Order of Business, we do indicate that we have Public Question Period but then following later it does say that that is on a matter on the agenda.
HMc: Yeah. OK. So. We are dealing with Don Barber, Roy, if you could just step down for a moment, --please? I wan-- OK. Now --you want –you have to indicate what item you want and you have, the Sherd Property on Airport Road, right?
DB: Yes, that is what I’ve come to—
HMc: OK, I need a Motion of Council to deal with it.
DB: What about the Ward 1 Councillor --which I reside? Perhaps she could put forward this motion? Since it would be consistent with procedures—
CC: I would suggest, Don, that it would be appropriate for you to take it to General Committee? If you could put the questions or whatever that you want to ask or speak to ahead of time, it would allow the staff and Council to save the time by being prepared to answer the questions that you may have.
It’s not in my ward, [inaudible] ward Councillor knows about it. You’ve asked me --that is my advice to you is that you asked to be heard at General Committee and if you can give us the questions ahead of time, it’s probably the most efficient way to handle it.
DB: Boy, I really [inaudible]
HMc: And we’ll be glad, you know, whatever the question is, it will be –it will be analyzed or brought –whatever information you want, ok?
DB: You’ve changed the rules --
HMc: OK? Thank you.
DB: --without notice.
HMc: No, we haven’t changed it. I want to make it clear. We have not changed the Procedural by-law. The Council has asked me to implement it. And --Councillor Inaicca
NI: [inaudible] be helpful because in fairness you could argue --and I accept it—you know, your protocol has been this. But I think everybody should be very aware of how this transpired because I recall it very very well. It was only a couple of months ago where a member of this Council around the Regional Council table asked for Leave to Speak and was voted down. And some of us were taken aback.
It’s Procedure! If it is not on an agenda –this is not a debating club. We’re a decision-making body. This gentleman, or anyone else can, bring up an issue in my ward that I’m not prepared to deal with today. I haven’t spoken to my constituents. It’s not on file. I haven’t got the file here. I haven’t got a staff report.
So what --and I think the gentleman is right --your protocol for thirty years has been contrary to proper procedure but what brought it to the fore was when –and it was Councillor Saito who was not granted Leave to Speak as an elected official around the table. But it was the right decision.
NI: It made us reassess, when we discussed it, saying by God, that’s what the Procedure says! You can’t come to Council and say you want to discuss the price of tea in China. Not on my agenda. If it’s appropriate, it goes through the process. Then when it is on our agenda, we deal with it accordingly.
But the point is a fair one, the protocol has always been. The fact of the matter is procedure is emphatically clear. Council is not a debating club. And it’s not because of questions of council.
The issue arose at Regional Council, I would say, two months ago and that’s what initiated the debate. I think the Press should know that as well. We’re not changing Procedure, we’re finally following it to the letter, after being reminded of what Procedure is.
But it’s straight forward. You can’t go to an annual general meeting of a corporation and say you want to discuss the tea in China, unless they make tea, of course. It is not on the agenda –it was mailed out, next time put it on in –that’s how you properly conduct a meeting. Thank you, Madam Mayor.
HMc: ok, Thank you, Don.
DB: So actually, it was Ron Searle, I believe, started this Public Question Period?
DB: He was the one who originated it?
HMc: I have no idea, I have no idea. I’d have to --The clerk would be glad to go back and look at an agenda.
DB: Well, seeing as you won’t--
HMc: No. sorry –
DB; --permit the question –
HMc: There’s no motion to deal with it so therefore it – I would h--
DB: Not even from my elected official? Even the fact that this has been going on as the standard procedure, you can’t--
CC: Mr. Barber, we’ve given you the explanation. I strongly suggest that if it’s an important you that you bring it to the next General Committee, put it in writing, so staff and the ward councillor –I imagine it’s Councillor Adams--
DB: I sat here for three hours!
CC; –is aware of the situation—and can respond to it after doing the required research that is ready.
HMc: Ok. Thank you, Don.
DB: I sit here for three hours?…
HMc: We will now go to Roy. I guess he wants to speak.
HMc: Pardon? Not on the agenda. If it ah –Roy? Is it on the agenda that you wish to speak?
RW: I come bearing peace.
RW: I come bearing peace. Now, what I--
RW: --would like to know from this Council --
HMc: No, no, no. Just Sorry. I want to know what item you’re going to address that’s on the agenda.
RW: I’m just trying to explain. If a person comes before the next council meeting and this is on the agenda –Public Question Period. And say he wants to congratulate the Council or something, does he have to go through a motion?
So therefore, you might as well take that off the agenda.
So, I understand what you’re doing and what you’re saying, but the thing is if we want to make a presentation at the next council meeting, we must notify the clerk six days prior to the deputation coming forward. That’s fine. I understand that and I agree with that as long as everybody knows the rules and regulations. It’s no use debating and discussing it here today because it’s a no-win win situation.
So in the future, if you want to make a deputation, that you go on the agenda
HMc: Yeh, --make a deputation --that’s right, ok.
Somebody: Or the General Committee.
HMc: Or go to General Committee.
RW: There are two avenues in which it can go. If you want to bring it forward, it’s more impressive to bring it forward to Council where everybody’s here –staff
HMc: No. wuh.. Tell you our General Committees, I want to say this, Council, General Committee is fully attended. Very very seldom, in fact --
RW: Myself personally, I’d rather come to Council.
Somebody: Madam Mayor, in fairness, there are no cameras at General Committee. Let’s be honest.
HMc: Exactly. There’s no cameras at General Committee. It’s a little more difficult.
RW. So now everybody knows the rules. And I hope that that is eliminated from the agenda. There is no more Public Question Period.
HMc: That’s right. Well. You can get up and ask a qu –if it’s on the agenda. Yeah.
[Someone taking in background –inaudible]
HMc: Yeah, ok, thank you very much. Ok.
RW; Councillor Mahoney, please! There’s people who’ve sat here for three hours today thinking that it was the old way. Don’t be. Don’t be so –
KM: Since I was mentioned, Madam Mayor, the previous Council meeting was exactly the same. The Mayor indicated –if there’s anyone who would like to address Council on any matter that is on the agenda. In the Council meeting two weeks ago, the Mayor indicated any item that is on the agenda.
RW: I’m not going to stand here and argue with you.
KM: Please don’t, Roy. Please step down. We have some business to do.
HMc: Thank you.
RW: (to Corporate Security) Are you telling us to leave? (Says to Council) Now we’re getting thrown out of the Council Chambers. Thank you very much (Heard in background to Corporate Security) Have you got the authority to remove us?
HMc: Planning and Development Committee Report of 9 of June the 7th. Could you please put a motion, folks, excite--except item O52 which was adopted. A motion --to adopt? A seconder? All in favour? Carried.
Next one is the Mississauga Safe Driving Committee. Um.. Seconder? Who we got? All in favour? Carried.
P.S: Could I just clarify something --sorry I was trying to find the page here. I just wanted to clarify that previously Council had agreed to --
[Somebody in background says barely audible-- Oh, look at this]
--to the new Safe Driving Handbook ummm-- being distributed –being distributed to every household in the city –and that was on a previous recommendation.
SESSION 15 - COUNCIL - AGENDA
WEDNESDAY, JUNE 21, 2006, 9:00 A.M.
Comments regarding the June 21-06 Council Agenda;
Notice the wording beside Pubic Question Period. It would appear very clear that the ONLY questions a person could ask would be ones regarding something on the agenda. Something made very clear in the June 7, Council meeting by the Mayor Hazel McCallion.
However, that is not the case in the Council of double think!
THE COUNCIL OF
SESSION 15 - COUNCIL - MINUTES
WEDNESDAY, JUNE 21, 2006, 9:00 A.M.
3. MINUTES OF PREVIOUS COUNCIL MEETINGS
Council - 2 - June 21, 2006
Mayor McCallion advised that this has always been a part of the Procedure Bylaw and that Council is just managing the process more efficiently.
6. PUBLIC QUESTION PERIOD (in accordance with Section 36 of the City of Mississauga Procedural By-law 421-03 - Council may grant permission to a person who is present and at Council and wishes to address Council on a matter on the Agenda. For any other matter, leave must be granted by Council to deal with a matter not on the agenda).
Comments regarding the June 7-06 Council Minutes;
I went to the Council meeting today to satisfy a curiosity.
I wanted to see how they'd handle the Public Question Period issue from the June 7th meeting.
What follows is a transcript (straight off my tape recorder). Sorry about the run-on sentences but I write's 'em as I hears 'em.
Mayor McCallion made this announcement at the beginning of Council meeting. Notice it only took Her Excellency two sentences to dump on The Mississauga News.
"Before we start the public part of the meeting, I'd like to explain a few things about the change in procedure at Council. Unfortunately, The Mississauga News didn't check to get the details which I think is unfortunate and again has misled the people in regard to what was accomplished at Council in regard to the change in our procedure.
We have not eliminated Question Period. It has not been eliminated --I want to assure the people. Just that we're going to manage it much better and that is that anybody wishes to raise a question on an item on the agenda we welcome them to come forward and council will hear the question and will answer the debate or debate it and we'll take whatever action the council sees fit to do.
The person comes forward with an item NOT on the agenda they have the right to come forward and say they have a question and I will check as mayor --or whoever's chair will check as to whether or not that question is in connection with an item on the agenda. And if it is not on the agenda then it requires a motion of this council to hear the question and the details of the question.
That's in accordance with the procedural by-law --and always HAS BEEN in accordance. We have not changed the procedural by-law at all. I just want to make that clear --Question Period has not been cut out and the criticism that councillors have received is most unfair.
And I think the public should be aware of the TRUTH of what they did and not somebody's opinion of what they did. And I think this is very important because the public [unintelligible ] about closed council meetings etc and about councillors operating behind closed doors. And I think this editorial led people to believe that that's really -- that we had cut out the Public Question Period.
It has not been cut out in any way."
I'm getting used to Mississauga-Speak -- "we're going to manage it much better".
I took this to mean, if it's on the agenda, the public is welcome to make a noise. We'll deal with your question as we see "fit".
If your question is NOT on the agenda we MIGHT condescend to let you raise the question by us passing a Motion-of-Magnanimity (I like to refer to this as MOM). However, if we don't like the looks of you or we anticipate your question is potentially a skunk cabbage in an elevator, you'll be asked to sit down and wait until your question fits into some future agenda (heh heh).
Another interesting part was Mayor McCallion's comment regarding the silly public perception about "councillors operating behind closed doors".
I stayed right to the end and suddenly there's this comment about "in camera" and councillors/staff up and leave. There wasn't a good-bye we're adjourning now. They just quietly up and leave.
I hadn't a clue. So I went over to the Roger's camera-person and asked "What's 'in camera' mean?" And she responded with "Oh to be in the picture inside the camera angle I guess."
I knew for certain that wasn't right so I went up to a Corporate Security officer and asked, "What's 'in camera'?" Some of the staff and the mayor were by now on the second floor walking through a door and out the council chamber.
The officer said, "Oh, that's the closed part of the meeting."
Now I'm not stupid enough to have responded with "AH! You mean that special quality time set aside for when councillors operate behind closed doors?"
Man, I don't know how Don Barber did it all those years attending these meetings. It's not like they welcome you to attend. It's like the tedium DEFIES you to.
One other observation. There were few public-people there. Most were presenters, staff etc. By the end there was only one other person who looked like "public" besides me there. I tell you, someone should issue me a hero biscuit for having endured the entire thing.
But it's like they make the public part of the meeting so agonizingly boring. And talk about stuff that wasn't on the agenda! It's like they make it that boring to keep the public away.
And the real stuff? The meaty issues that affect Mississauga today and into the future? Bet your boots that stuff's reserved for behind closed doors. In camera.
Comments regarding the Dec. 12-07 Council Minutes;
Dec. 12, 2007 also found in SECURITY INSANITY index dealing with City of Mississauga security guards.
From City of Mississauga Council minutes - page 5 - December 12, 2007
(c) City Security
Donald Barber, President, Friends of the Cawthra Bush and Greater Mississauga Area and Chair, The Cawthra Ratepayers' and Residents' Association, appeared before Council advising that the City lacks a proper complaint process regarding City security. In response to comments made by Mr. Barber with respect to how the City handles complaints regarding staff, the Commissioner of Corporate Services and Treasurer advised that all complaints received from the public by Security regarding staff are logged and appropriate action taken. She advised that currently there are no complaints logged by Security regarding Security staff.
A verbal motion of receipt and referral to staff for appropriate action was voted on and carried.
Received/Referred to the Commissioner of Corporate Services and Treasurer
Comments regarding the Mar. 26-08 Council Minutes;
Donald Barber, Editor, The Democratic Reporter, addressed Council with respect to City Security and the minutes of December 12, 2007 Council meeting.
Mr. Barber made reference to the minutes of the Council meeting of December 12, 2008 when his complaint was referred to staff for appropriate action. He stated that the minutes indicated that ‘no’ complaints have been logged by Security and this statement was incorrect and should be amended as there have been two complaints. With the use of a power point presentation, he showed correspondence dating back to 1998 and raised issues with respect to the actions of City staff relating to access and how he has been treated.
Mr. Barber indicated that he intended to pursue this matter with higher levels of government as he felt it was a serious matter. He also spoke to e-mails he obtained via the Freedom of Information Act, however, he was not able to get videos as he was advised that they were destroyed. Mr. Barber also related aspects of the recent case against him and felt that the matter of City Security should be fully and properly dealt with. Further, he felt that there should be full disclosure on how the City trains its security personnel.
Mr. Barber stated that he has re-drafted his original complaint addressed to Mr. Jamie Hillis, Manager, Security and has filed a complaint against the City Solicitor, the Commissioner of Corporate Services and Treasurer, the Election Coordinator and the City Clerk. He provided Council with documents which he requested be fully investigated.
Deputations 5(d)/Resolution 0064-2008
6. PUBLIC QUESTION PERIOD (in accordance With Section 36 of the City of Mississauga Procedure By-law 0421-2003 - Council may grant permission to a person who is present and at Council and wishes to address Council on a matter on the Agenda. For any other matter leave must be granted by Council to deal with a matter not on the agenda).
(a) Ursula Keuper-Bennett addressed Council with respect to a Corporate Report which was at Audit Committee on March 17, 2008, Recommendation AC-0005-2008, relating to the Code of Conduct and Complaint Procedure for Security staff. She asked if any members of Council including those not on Audit Committee had read and compared the recommendations with Bill 159.
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