Monday 14 December 2009

A Point Reached

Sometimes you have to wait. It was always a possibility if not a likelihood. You hope it's not so. Then the day arrives and the obvious can no longer be denied.

A reader expresses confusion; how can Provincial laws and regulations and Procedure Bylaw continue to be dis-regarded ?

Asked that question three years ago, I would have argued they can't. I would have been wrong.

Last Tuesday was par for the course. Councillor MacEachern proposed a report be prepared of all recorded votes cast during the term. The motion led to a discussion about the record.

The Mayor made a reference and I cited the Municipal Act as it relates to the duties of the Clerk:

"The Clerk shall record the decisions of council without note or comment".

I noted "unanimous" has been appearing regularly in the record. It is redundant.

Our new and highly experienced Clerk was on hand. Zella Phillips, Assistant Solicitor was as well.

It was Mr. Leach's first attendance at a council meeting.

The Mayor called upon Ms. Phillips to arbitrate the question.

"Madam Mayor. if you need me to respond, it will have to be a written report" she replied.

Ms Phillips departed our service on Friday. By all who knew her work, Ms Phillips was held in highest regard. She is our loss, Newmarket's gain.

On Tuesday, no note was made of her leave taking. No appreciation expressed for excellent service.

A report is unlikely on whether the public record should or should not carry a note or comment following a decision of Council.

It makes no never-mind. .

There are nine hundred municipalities in Ontario. Just over a hundred have Chief Administrative Officers. Few municipalities of our size have a legal department.

In all those other towns, the Clerk is head of the administration. The Clerk advises and keeps the town functioning within provincial and municipal laws and regulations.

Council is a legislative body. Bylaws are passed . Adherence is expected.

Generally speaking, a body that creates law, understands and respects law.

If not by them, by whom for God's Sake?

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