Behind Closed Doors 1

There’s a place at municipal council for In Camera Meetings. But “behind closed doors” is not where I want to be without proper procedures clearly defined. Without this In Camera meetings can take on a seemingly improper role in the decision-making process. Whether anything improper is happening or not---such meetings can quickly erode public trust.

 

In Camera meetings are needed to provide the correct amount of privacy for sensitive discussions. However, they can’t legally be used as a secret way to deal with issues that belong in public sessions. Without a method to assess if the reason for moving In Camera is valid, the public can be left shaking their heads as they are ordered to vacate chambers. An adequate understanding of what's going greatly helps with the real or perceived lack of transparency and accountability.

On a number of occasions since the current council formed (16-months ago) there has been reference to the need for improvement regarding how In Camera meetings are conducted by the Municipality of the County of Kings. We’ve been told by our leadership that work is underway. Nevertheless, over this 16-month period, In Camera meetings have occurred frequently, and without the benefit of clearly outlined procedures, or a record of the discussions that have occurred. This situation has not been acceptable to me, and its my opinion that this can no longer continue if we want to be better stewards of Kings County business.

Sometimes patience isn’t a virtue!

We have completed a full one third of this council's term without the benefit of In Camera procedures. That’s why, at the March 4 regular council meeting, I gave notice of a motion to have procedures for In Camera meetings of the Municipality of the County of Kings tabled and discussed at the next regular assembly of councillors (Committee of the Whole March 18, 2014).

 

The outcome I’m promoting is that councillors will recommend and soon approve in-camera procedures no less powerful than those used by the Halifax Regional Municipality.

 

Approving procedures for In Camera meetings of the Municipality of the County of Kings, could occur as soon as April 1, if a simple majority of councillors are ready to address this major gap in how we do business.

My motion is a simple one that will give your Municipality the tools required to:

1. Restrict its In Camera agenda to those items that really cannot be addressed in an open session.
2. Properly record and store In Camera minutes and reports.
3. Bring into public sessions the information required to give the public the best indication possible of what occurred In Camera.

Minutes of the Halifax Regional Municipality stand in sharp contrast to our absence of procedures. Below are some of the key rules applied by our urban neighbours that I hope we will adapt to our council's needs and then adopt without further delay.

Please do not hesitate to be In Touch if you want to talk about this or anything else about municipal politics. 670-2949.

• The Clerk (at our municipality our Chief Administrative Officer is also our Clerk) lists In Camera items at the end of the agenda of regular meetings of Council.
• Items are identified by the type of matter to be discussed, with additional information, where possible, to further identify the item but not as to disclose the confidential information.
• A brief description or summary of the subject matter of the items to be discussed In Camera shall be made available to Council no later than the commencement of the Council meeting at which time such items are intended to be discussed In Camera. Such a summary will identify the reason In Camera discussion is warranted.
• Council may, at the request of one or more of its members, and with the agreement of two-thirds majority of Council members present, agree to enter into In Camera discussions without meeting the requirements above, if the request is supported by information which explains a legitimate reason for the necessity of In Camera discussions taking place.
• No In Camera meeting may proceed in the absence of the Municipal Solicitor, or delegate.
• The rules of procedures for regular meetings of Council shall apply to In Camera discussions except as otherwise specifically provided for in the In Camera section.
• Minutes of In Camera meetings will be taken by the Clerk or a designate and kept in the office of the Clerk. Such minutes are not considered to be of public record.
• Recommendations resulting from discussions taking place in the In Camera meeting shall be brought forward as an added item for approval by Council in open session immediately following dissolution of the In Camera session and the rules of procedure will apply to the adoption of such recommendations, provided, however, that the motion to adopt a recommendation shall not be debated.
• Staff reports submitted to In Camera Meetings of Council and details of the matters discussed at and the minutes kept of such meetings, except background information, shall be maintained by the Clerk as confidential information unless Council determines that the information or any part thereof be made available to the public pursuant to… A determination by Council, following a recommendation of staff, that the release of information identified as confidential, has the potential to unduly damage or embarrass or in other ways be detrimental to an individual or individuals, Council may decide to maintain the confidentiality of the information for a further specified or unspecified period of time. This clause will not, however, be used to protect an elected official from potential embarrassment or damage arising from a position taken, or remarks made, during In Camera meetings.
• Reports and other information arising out of In Camera meetings, for which Council determines no legitimate reason exists to maintain such records as confidential information, will be made available to the public upon request in writing to the Clerk.
• When any member of the public requests access to In Camera discussion information, which is classified as confidential, the Municipality, under the signature of the Chief Administrative Officer, shall provide reasons in writing addressed to the inquirer why such information is so classified… Merely identifying the requested information as being access restricted because it is considered to be of a confidential nature will not constitute a satisfactory response to a request for information.
• Where a request for information from an In Camera meeting has been denied on the grounds of it being confidential, or where such information is considered by the inquirer to have been withheld for an unreasonable period of time, the inquirer may in writing request Council to review the decision, whereupon the inquirer shall be granted the right to make a formal presentation either orally or in writing and by a two-thirds majority vote of the Council members, Council may direct the release of the information.