"Public" Meeting of Windsor City Council in Tecumseh

Did you know that lawyers fared somewhat better this year in Leger Marketing's annual survey of the most-trusted occupations, while politicians lost even more ground in public confidence. Here is a good reason why.

I wrote about the farce in my BLOG on Thursday "Who Is Running This City." The following is a letter that I sent to the Mayor and Council about Thursday's City of Windsor "public" meeting to be held in a location in Tecumseh.

Check the update after the letter to see what the geniuses at City Hall decided to do to try to "legitimize" the meeting and why it will not work either.

All that is happening is that it is getting worse and worse and embarrassing the City more and more.

Admit a mistake...not this Mayor and Council. Nope, they keep moving forward regardless. Just like with the Schwartz Report.

And you wonder, dear reader, why no one takes Windsor seriously any more. We cannot even set up a Council meeting properly!

To: Mayor Eddie Francis and City Councillors

RE: Council Communication
Notice of Public Meeting of Windsor City Council
Response to the Detroit River International Crossing
Partnership (DRICP) Environmental Process - Border
Ciociaro Club (Salon A & B), 3745 North Talbot Road

I am very surprised that, of all the locations in the City of Windsor available to it, the City chose to have a “Public” Meeting outside of the City in Tecumseh, Ontario. As I am certain that you know, such a location is improper for a regular or special City meeting as I read the Municipal Act and the City’s Procedural By-law.

The Municipal Act provides that:

• 236.(1) The council of a municipality shall hold its meetings… within the municipality or an adjacent municipality at a place set out in the municipality’s procedure by-law; however, in the case of an emergency, it may hold its meetings and keep its public offices at any convenient location within or outside the municipality.
  
  238.(1) In this section and in section 239,
  “meeting” means any regular, special, committee or other meeting of a council or local board.
  
  238 (3) The procedure by-law may provide that meetings be held… at a place outside the municipality within an adjacent municipality
  
  

The City of Windsor’s Procedure By-law as published on the City’s website provides:

• 1. In this By-law:
  s) “Meeting” means any regular or special meeting of Council or Committee.
  
  3.2 Regular Meetings
  Location of Meetings
  a) All regular meetings of the Council shall be held in the Council Chambers of Windsor City Hall at 350 City Hall Square (3rd Floor), or at such other place within the City of Windsor as Council may from time to time determine.
  
  3.3 Special Meetings of Council
  a) In addition to regular meetings, the Mayor may at any time summon a special meeting of Council by providing written direction to the Clerk stating the date, time and purpose for the special meeting.
  
  

Under the Act, a meeting must be held in Windsor or within an adjacent municipality at a place set out in the municipality’s procedure by-law or at a place outside the municipality within an adjacent municipality if permitted by the By-law.

The Procedure By-law only sets out Windsor locations and there is nothing in it that permits a meeting to be held in an adjacent municipality.

I am also not quite sure what a “public” meeting is since the only meetings that the Procedure By-law mentions are regular and special ones.

Accordingly, would you please confirm by noon on Wednesday, March 22, 2006 that the “Public” meeting described above is NOT a meeting under the provisions of the Municipal Act or under the City’s Procedure By-law and that no City business will be undertaken at this meeting including but not limited to introducing any notices of motion or passing a resolution.

Yours very truly,

Edward Arditti,

Founder,
OJIBWAY NOW!

UPDATE:

Well you knew it was going to happen. A motion to "waive the Procedure By-law." It is listed as Agenda Item #9 to be passed on Monday night at Council.

If passed, that means that we have "no" Procedure By-law respecting where the meeting is going to take place so that the meeting can now take place in Tecumseh, right.

WRONG!

It is the Municipal Act that states that Council shall hold its meetings at a place set out in the municipality’s procedure by-law. If there is none, then there is a violation of the Act itself which Council cannot waive at all.

I will be very interested to hear how the City's Solicitor handles that slight inconvenience.

I am also interested in learning how a "public" meeting became a "special" meeting rather than an "other" meeting under section 238. "Other" meetings are not even dealt with under our Procedure By-law so how can they even be held.

The answer to deal with this is so easy. But then City Hall never asks me for my help so why should I offer it.