7 Apr 2025 Council meeting Governance

Council Procedure Bylaw Amendment Bylaw 2025 No. 7272.05

As recorded: “Council Procedure Bylaw Amendment Bylaw 2025 No. 7272.05”

Motion
That “Council Procedure Bylaw Amendment Bylaw 2025, No. 7272.05” (a bylaw to include provisions associated with delegations, inappropriate behaviour, electronic devices and signs in Council and Committee meetings and minor housekeeping amendments) be adopted.
Minutes, page 9
Sources
Agenda itemCity agenda, whole meeting
BylawPage 1
DocumentsDocument about Governance & Civic Engagement

Tyler Brown Yes

And then, sorry, my wife. I cut just as this was coming. The reading was being given and it was deferred last time. I think this is an important bylaw to adopt. First, I will say I think Councilor Manley's motion is a thoughtful addition because. Taken together. I think it matches the intention, which is. A suite of regulations here when taken together. Define. How conduct will occur. In city facilities, but also in these council chambers. And I think that's absolutely crucial because I think this has been mischaracterized. As something to protect staff or something that infringes on people's charter. Rights and freedoms. Fundamentally, that is not the concern of these bylaws. These bylaws are how a governing body chooses to exercise. The processes in which it conducts its business. That is established in many other places. Parliament, the legislature. Courts. And it's there for a reason, because. Fundamentally. Governing or judgment or anything like that is in the business of making decisions and weighing information and those environments need to be free of any sort of intimidation. This is especially true in the courts and I hear chuckle and are not going to really engage but I do want to highlight some key things that have happened that have driven some of these changes. We'd have had. Individuals in these chambers that come and videotape staff and provide commentary. Using defamatory. Comments. Posting them online. To undermine. Staff. And I'm not going to get into the details of what those were, but completely inappropriate. I've also seen. Videos of staff members outside of these chambers. In their workplace where individuals have gone. Taken video, posted it on a social media forum that. Is monitored. Or created by people that attend here and email counsel, and it's left to sit there. As people provide comments. Again. Inappropriate, derogatory, completely out of law. Be quiet. So these come down to essentially defining what we think is appropriate and how this environment should exist. Free of intimidation and attempts of bullying and manipulating decisions. I appreciate the amendment to provide some clarity for reporters and journalists and a policy of accreditation. I had no concerns. That it would be abused. But I do think having clear cut policies on important matters like this can help guidance and enable. Better meeting management by providing clear support for the chair and providing clear support for individuals. Happy to see that come forward. I don't think these need to be delayed until. The report is considered because at the end of the day, if his warship was to abuse his powers. We already, as a council, have the ability. To correct that regardless of any policy in place. We can remove the chair if we need to. So those options exist. I'm glad to see that coming forward for additional clarity. And I hope council. Will focus on what these bylaws actually are. Not arguments that I don't think. That are. The sentiment is sound, but they ultimately are misguided. In what the law is and the charter is, and that. We can make it very clear what we expect this space to be, and that is a space. That's welcome for everybody that supports democratic governance and decision making.

Hilary Eastmure No

Councilor Eastmeer, please. Thank you. I don't understand the rush to adopt this without having. A process in place. For ensuring that journalists have access to be able to do their jobs in this chamber without specific permission from the chair. I'm interested in passing this by law, when that is included as part of it. I'm not seeing the need to rush this. We have practices in place where the chair can make sure that. The council chamber is a safe and respectful place as it is, so why not wait until. We have included a piece so that it doesn't look like we are infringing. On the rights of journalists to be able to do their job.

Ben Geselbracht Yes

Thank you, Councilor Gesselbrock, please. Thanks. On this matter, whether to pass the bylaw now or to wait. Four weeks until. The amendment. To allow journalists. To not get permission from the mayor. I think it's for me. Six and one, half a dozen. The other it doesn't. Really matter. I think what really has bothered me was when I went online. And. I saw a staff person. On Facebook that was being videotaped by a member of the public. And then the comments underneath it that were really intimidating. It bothered me one that an individual would do this. And, in fact, It's actually really been one, two individuals that have spurred. This whole debate. And bringing in the bylaws and restricting the use of recording devices. And. What? Saddens me mostly is that. There are Facebook pages that a lot of people participate on that are moderated by individuals that speak regularly to council that are. Allowing this type of intimidation of our staff. And when I think of being in charge of the city and responsible for the work environment to think that staff would have to have somebody come in and put a videotape in front of their face and then posted to 2000 people I think are on this one website, the city. And I'm oversight committee. Of 2000 people that they don't know and then having complete strangers make intimidating remarks, hurtful remarks that are completely not based on any understanding. The staff person. That's a horrible environment to have to come work in. And counsel stuck in a position of now having to deal with this and not allow this type. Of behavior to happen in the workplace. I don't think it'd be allowed in. Any workplace in Naimo. And now we're stuck here wasting a lot of time debating, really, over one or two. Individuals, and I don't think that is reasonable, and I really hope. That not just council, but the entire community takes a bit more ownership of the type of civility environment that we work in and call out this type of behavior and just don't. Allow it. Don't allow it to be spread over mediums that nobody has control over. And so, for the matter, for our staff, I would like to get this bylaw put in. Place right away to make a very clear message that it's unacceptable to treat people that are working the public service in that way. And. I am 100% certain. That. We will make sure that there is no obstruction for journalists to report on this. Most of the fact that there probably is not any trouble of other people reporting videos, but there is one or two individuals that. Unfortunately, have demonstrated over more than a six month to a year period that that level of responsibility and maturity cannot be met. And so I would like to get this passed now and make it very clear that. For journalists in our community. There is no problem for you to be here, and it'll be very easy for you. Even in the interim, while we don't have the amendment put in, but council wants to make extra sure that it's written in stone in our bylaws that there will be no federing of journalistic freedom of speech. In our chambers.

Erin Hemmens Yes

Thank you. I'll be brief. I think. Councilor Gessobrox. Said everything I wanted to say. This bylaw, unfortunately, is necessary. I regret that we're. Creating bylaws to deal with. A few inappropriate individuals, but here we are. I think it's important to get the bylaw in place. For workplace culture. And I feel that councilor Manley's amendment that was just passed. Is a nice compliment. And I trust you, Mayor Krog, that you will treat the media. Appropriately, in the interim, before we have this amendment in place. So. Yeah. Happy to see this go forward. Unfortunate that we're having to do this. But here we are. Thank you.

Ian Thorpe Yes

Thank you, Councilor Thorpe. Thank you, worship. Very briefly. Yes, I agree with the comments of Councilor Hammonds, and I'm pleased to say that on this issue. I also agree with the comments of councilor Gezelbrook. I think it is unfortunate, but we do need this bylaw. That's been proven and the sooner we put it in place, the better. I think this council needs to make a statement. That we are supporting our staff. And yes, by all means, we can amend it as we move. Forward and make sure that the rights of legitimate journalists are protected. But let's by all means. Get this bylaw put in place now and not waste any more time about it.

Paul Manly Yes

Thanks. Thank you. Councilor Manley. Thank you. I'm going to support this right now. I think we have a duty of care to staff, and it's unfortunate, the behavior that they've had to deal with. By certain individuals. I'm not sure how enforceable. They're easy to enforce. It will be. But. I do think that at this stage it is a necessary thing, and I do trust the mayor. Or the chair of communities to make appropriate decisions. Around. Actual journalists when they're in here doing recordings until the bylaw has amended at a later date, so thank you.

Questions and answers

Councillor Hilary Eastmure
Speaker identificationConfident
No

asked
you. Thank you, councilor eastmeer. Thank you. I have a question about how this is actually functionally going to be enforced during a council meeting, and I have a question about whether. This extends to all city buildings or if it's the electronic devices ban, just has to do with council and committee meetings because that was my understanding of it. And then, functionally, how does it get enforced with people in the audience bringing cell phones into the room. Is it just that electronic devices are not allowed in the gallery at all? And. What's the process on that? Do we have people leaving them at the door, or are you allowed to have them in your hand at all? You're passing a bylaw, I think is also functionally impossible to enforce, and I don't think that's good practice.
Sheila Gurrie
Speaker identificationConfident
answeredDirector, Legislative Services
Ms. Gurry, please. Thank you, worship. So this bylaw. Council procedure. Bylaw applies to council meetings only. There was already provisions in the respectful spaces bylaw. For recording, et cetera, in other city facilities and workplaces. Where it is allowed with permission and consent. This bylaw, how it would be enforced is basically through the chair. It's another tool in the chair's toolbox to have when somebody is obviously recording. The chair can point to the procedure bylaw and point that they're not allowed. To be doing so. It's not. No recording devices. It's not anything like that. It's just when it's been used for intimidation purposes, as outlined in the bylaw. Itself. The chair has that additional tool in
followed up
his toolbox. Okay. I guess I'm really uncertain of how the judgment gets made, whether it's for intimidation purposes or not. You could be quietly recording in the audience and then do something with that material later on. So I can't support this, and I'm disappointed we're going down this route. And I think the optics are not good. Just
Sheila Gurrie
Speaker identificationConfident
answeredDirector, Legislative Services
To clarify: Sorry, Chair. It's any recordings in the chambers? We had that conversation way back when with Ms. Robertson, and she came back and clarified that it's not subjective; it's any person in the audience holding up their phone recording is not, will not be permitted. Councilor Armstrong, just

Councillor Sheryl Armstrong
Speaker identificationConfident
No

asked
For clarification on that. So if we have awards coming
Sheila Gurrie
Speaker identificationConfident
answeredDirector, Legislative Services
out, are you going to allow it, then? Again, as currently, as it stands right now and going forward with the media provisions amended into the bylaw the chair can
followed up
allow make exceptions. So the chair would make those exceptions? Well, I'm. Staying opposed to this. I think it's far overreach. I think we're dealing with an issue that. It's not the recording that's the issue, it's what's done. With it afterwards. And there's criminal code provisions for a lot of that stuff. And I think it's going to be a big issue when you start getting two arenas. And stuff, and people are taking pictures, and while my kids in there want it taken down, all that kind of stuff. So sorry, I just can't support it as written.