The Mayor amends Election procedures while council sits quietly

By Pepper Parr

March 14th, 2022

BURLINGTON, ON

 

During the debate on March 2nd about the use of city facilities when elections are taking place, I sent the following to the City Clerk:

“There were two documents on the screen that did not appear to be in the agenda.
I have attached two screen shots to help you identify what I am talking about.
Would you have both documents sent to me – and would you explain why the documents were not in the agenda pkg.

I did not get a response from the City Clerk but I did get a response from the city communications department – the City Clerk doesn’t appear to answer email sent to him – a matter we will cover in some detail on another occasion.

We wanted a copy of a document that Mayor Meed Ward introduced to Council as a “walk on” agenda item. Walk on means the item was not on the agenda. The Procedural bylaw requires that the Chair of the meeting seek the approval of a majority of Council to permit the “walk on” item.  It was the Clerk’s job to catch the error and bring it to the attention of the Chair.

That didn’t happen either.

City Clerk Kevin Arjoon had nothing to say

When a report is being introduced to a Standing Committee meeting there is usually an introduction or comments from Staff on why the report is before Council.  City Clerk Kevin Arjoon had nothing to say – so the Mayor moved the report which allowed her to then talk about the nine amendment she had plus a Staff Direction.

Some Gazette readers took exception with our concern over the documents not being available to the public  – they are usually available five or six days before a meeting – giving those interested an opportunity to delegate.  That is another matter that will also be covered at another time.

Two of the nine amendment were not staff supported; the others were supported by Staff.

Each amendment was introduced to the Standing Committee. There was stiff debate on some of the amendments.

The agenda item was: Use of Corporate Resources During an Election Policy.

In previous municipal elections then Councillors Meed Ward and Bentivegnia had significant issues with the Clerk’s department as to what was permitted and what was not permitted.  There were some pretty silly decisions made by the Clerk at the time.

Marianne Meed Ward had some direct experience with city staff, the Clerk’s Office to be specific, on how election rules should be administered. She was making sure that the same things didn’t happen in 2022

Mayor Meed Ward started her presentation setting out “Principles” and adding a :However to those Principles.

 

 

The Mayor then took council through each of the amendments – one by one.

 

What Meed Ward wanted to ensure was that members of Council would still be able to do their jobs while the election campaign is taking place. There were portions of the policy document that could be interpreted to suggest that a Councillor seeking re-election had an advantage.  All members of those currentlt on council were consistent in wanting a level playing field.

During the meeting the Committee Clerk was able to make changes in the document that was before Council.  In the illustration below you can see where items have been revised.

 

Most of the rules related to city space and  would not apply to independent bodies like the Performing Arts Centre, the Art Gallery and the Libraries. The independent bodies were expected to create policies of their own.  Councillor Bentivegnia argued that it was still city property – and it is – but it is city property that is governed by an independent Board. It took Bentivegnia a couple of conversations to fully understand that one.

 

 

Council members and many Staff people use their own phone for city business.  The city pays a person who uses their own phone about $35 a month

 

The use of city business cards during an election was prohibited – but what does a candidate do if while talking to a voter at the door step the voter asks about a specific problem. Can the candidate give them a copy of the Council members business card and ask the voter to call the office and get the help they need?

The point being made was that while you are electioneering you are a candidate and not a Councillor.  Councillor Nisan suggested that they all take part in a bonfire at which they would all burn their city provided business cards.

Incumbents are seen to have advantages new candidates don’t have in terms of media.  This council was going to great lengths to ensure that their names and pictures did not appear in documents coming out of city hall.

Social media was a challenge.  Some things on social media cannot be changed.  An entry on LinkedIn cannot be changed was an example Meed Ward gave.

A lot of time was spent figuring out how Council members could talk about city business and not cross the line into working as a candidate.  Several Councillors wanted the city communications department to monitor what the Councillors sent out – the Communications department took a pass on that one.

 

 

Meed Ward argued that during the period between May 2, when candidates can file their nominations through to the last Council meeting in September, there was still a lot of serious council business to take care of.  There had to be a way for Council members to communicate with their constituents and at the same time campaign.  Removing any name identification and photographs (the Councillor would be identified as Councillor for Ward X) from communications material the city issues was determined to be the best approach

 

Meeting with constituents at a ward meeting called by the Councillor had all kinds of possible red flags.  Councillors saw it as unreasonable for a Councillor to say nothing about running for office at a meeting to discuss an issue.

Burlington is now very much into branding.  There is a project that focuses on creating and promoting One Burlington, to ensure that the city as a corporation gets the visibility and attention it feels it deserves and needs.

During the last election Mayor Meed Ward arm wrestled with the City Clerk at the time over the placing of small magnetic fridge cards on the bumpers of cards.  Councillor delegated to Council on his right to put signage on his vehicle.  The Clerk at the time argued that part of the vehicle was paid for by the city.  It was a different Clerk and a different time.

All these amendments had merit.  Councillor Kearns added an amendment of her own asking that Spencer Smith Park be kept campaign free.  That lost – however Civic Square was defined as campaign free.

The issue for the Gazette was the absence of any public input.  While this Council would love to believe they are all going to be acclaimed – that is as certain as that Irish rainbow that is going to direct us all to that mythical pot of gold.

It was at the end of the meeting that those monitoring the web cast heard the City Clerk apologize for the walk on report – he said it was better to do it now rather than wait until April.

That raised a serious – why wasn’t this done months ago?

We all knew what the date of the election was going to be.  A city that can’t stop itself from touting how engaged it is – manages to find a way to issue a report that is the very foundation of the way we choose our leaders.  The Clerk’s incompetence should have been noticed by the City Manager.   How did he manage to be asleep at the switch while the Clerk fumbled with the file?

 

 

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2 comments to The Mayor brings 9 amendments to the October Election protocols – no public input.

  • Fred Untermeyer

    I’ll keep this very short because I doubt that many people care or will read it. The problem with the amendments to the election bylaws is that Councils are allowed to make them in the first place – why not one set for all across Ontario. The second problem is that to actually see what staff and Council have done, one needs to cross reference multiple documents to decipher (if you can) what the existing rules are, the suggested changes then the changes to the proposed changes. Not for the faint of heart or those who have any form of outside life. Next, is the fact that this Council ostensibly wants to establish “a level playing field” for all candidates yet has extended the circumstances and conditions under which an incumbent can put his/her name forward under the auspices of conducting City business. The current Mayor spit nails with that in 2018; I hear that she went “red” every time she saw Goldring’s photo in the Post. Finally, there are a number of suggested changes that benefit only incumbents – particularly the Mayor. For example, I understand that members of City Committees will now be allowed to participate in campaigns. Any co-incidence that the rumoured Campaign Manager (or Chief Strategist) for the Mayor’s 2022 campaign is currently a member of the Committee of Adjustment.

  • Jim Thomson

    “The Clerk’s incompetence should have been noticed by the City Manager.”
    The fish rots from the head.