Closed meetings still haunt region
Niagara regional councillors are upset that, once again, information they discuss behind closed doors is finding its way into the newspaper.
But if they are really concerned about what happens while they are in camera, they need to finally fully address an incident that happened more than two years ago.
On Dec. 7, 2017, regional councillors watched as the notes and computer of St. Catharines Standard reporter Bill Sawchuk were seized after he was falsely accused of recording their discussion while they met in camera and he was out of the room.
On that night, it took four hours — and multiple phone calls from the newspaper’s lawyer — before Region staff returned the equipment.
That’s after they ejected him from regional headquarters and called police.
Ontario ombudsman Paul Dube investigated the matter, which received international media coverage. Dube determined the Region violated the law, as well as Sawchuk’s constitutional rights..
Dube issued his report in July 2018. And yet, while the Region has had 19 months since then to address all of Dube’s recommendations it hasn’t done so.
Those not dealt with yet include those related to management of personal items and equipment prior to in camera meetings; a definition of improper conduct; expulsion from meetings; and council’s authority to hold closed-door meetings outside the agenda. Also waiting to be addressed is Dube’s concern that council should record the reasons for an expulsion in the minutes of the meeting.
Responsibility apparently falls to regional council’s procedural bylaw review committee, but it hasn’t met since the end of July.
The committee chair, St. Catharines Coun. Kelly Edgar, said staff are still working on the recommendations and developing reports, but the blame lies with the committee members.
Staff have made progress, including a recommendation to adopt Waterloo Region’s definition of improper conduct. But when that staff report was to be considered at the committee’s last scheduled meeting on Oct. 1, only three of the eight committee members showed up. Without quorum, the meeting was cancelled. And no future meetings are scheduled. Apparently, councillors do not consider the ombudsman’s recommendations to be a priority.
It’s no wonder someone — make that some people — are still tipping off the press when important issues are discussed in camera. In this case, councillors are angry the newspaper learned of an in camera discussion where council voted to sue former regional chair Alan Caslin and some of his top aides.
Now St. Catharines Coun. George Darte has an undisclosed plan to expose the leakers, but he will only discuss it behind closed doors.
The irony is inescapable. Darte wants to discuss leaks from in camera meetings during an in camera session. And since the topic he wants to discuss does not appear to fall within any of the reasons outlined in the municipal act for council to go behind closed doors, we would have to question the legality of such a move. Niagara Region still doesn’t have a whistleblower policy. In December it voted to get one, but a draft policy is still being prepared by staff.
Such a policy would offer a process Region employees or politicians could use to report activities they believe are unfair or improper, while having their identities protected. We understand councillors’ frustration that private information is being leaked. But in this instance, they need to look in the mirror. They’ve been slow to act on implementing a whistleblower policy. Other governments have had them for a long time. That, and the fact council still hasn’t addressed all the concerns from a 19-month old ombudsman’s report, says a lot about how serious it is about proper use of closed-door meetings.