Submitted by Councillor Fontaine and Councillor Minhas
WHEREAS Section 124 (1) of the Community Charter states that “A council must, by bylaw, establish the general procedures to be followed by council and council committees in conducting their business.”; and
WHEREAS Section 124 (2) of the Community Charter – under subsection (a) – states that a council must, by bylaw, “establish rules of procedure for council meetings, including the manner by which resolutions may be passed and the manner by which bylaws may be adopted in accordance with Division 3 [Bylaw Procedures] of this Part.”; and
WHEREAS The City of New Westminster has a Procedure Bylaw (i.e., COUNCIL PROCEDURE BYLAW NO. 6910, 2004) which was duly enacted in accordance with the requirements of the Community Charter; and
WHEREAS Section 21 of the Council Procedure Bylaw No. 6910, 2004, under the heading “Notices of motion”, states that “Any member has the right to give notice to Council of a motion which that member intends to make at the next meeting of the Council. The City Clerk shall make note of the motion and place it on the next agenda. The City Clerk may request that the member provide the motion that is subject of the notice in writing.”; and
WHEREAS It is evident that the practice of the previous City Council, with respect to Member Motions, was for motions to appear on the Agenda for any given Council meeting which would then be routinely Moved and Seconded at the meeting, discussed/debated by Council, and then voted on at the same Council meeting. This practice would appear, on the surface, to be consistent with the wording and plain meaning of section 21 of the Council Procedure Bylaw despite the somewhat ambiguous wording of section 21 of the Bylaw;
WHEREAS The Agenda for the November 28, 2022, New Westminster Council Meeting included a number of Member Motions listed under Item “6. MOTIONS FROM MEMBERS OF COUNCIL” and “6.1 Notice of Motion.” In apparent contradiction to the observed practice of the previous City Council with respect to Notice of Motion and the previous Council’s apparent interpretation of the Council Procedure Bylaw, an additional note was appended to the Agenda text indicating that “The motions in this section will be introduced at this meeting. The motions will be placed on the December 12, 2022, Council agenda for discussion and decision.”; and
WHEREAS There is an apparent disconnect between the interpretation and application of section 21 of the Council Procedure Bylaw by the previous Council and the interpretation and application that is now being applied to the new Council elected in October 2022, even though there has not been any changes or amendments to the text or wording of section 21 of the Bylaw;
THEREFORE BE IT RESOLVED
THAT Council direct staff to report back on the apparent discrepancy between how the Council Procedure Bylaw No. 6910, 2004 was and is being interpreted and applied in the present, notably at the November 28, 2022 Council meeting with respect to Notice of Motion, and how the Bylaw was interpreted and applied by previous Councils in order to clarify the situation and determine what the correct procedure is, and
FURTHER THAT staff report back at the February 13th Council meeting with recommendations to improve Section 21 of the Council Procedures Bylaw 6910 to ensure it no longer lacks clarity and is less subject to interpretation;