“Open Session” of City Council Meeting Closed to the Public
The City of Medicine Hat held an “open session” during a July 28 special council meeting which members of the public couldn’t view, attend or even know about until after the fact, according to minutes of the gathering.
The fact the meeting even took place was only made public the day after it happened with city officials stating the “open session” portion passed two resolutions. Those resolutions included suspending the city manager Ann Mitchell and launching an investigation.
The July 28th special council meeting was the second in four days bookending a weekend. The first meeting, held on the previous Friday, was held virtually with the public able watch the proceedings online. The second saw the city invoke provisions of the provincial Municipal Government Act (MGA) which allowed council to call a meeting with less than 24-hours notice to the public.
The provision cited by the municipal government does not allow for suspension of either general or specific good governance principles or applicable legislation which require elected bodies pass resolutions and bylaws in public meetings.
The public was not given the opportunity to view the virtual meeting on July 28.
The MGA is specific in both the definition of what constitutes a closed meeting of a municipal council as well as the validity of resolutions and bylaws passed when the public is not allowed to attend.
The MGA defines a closed meeting as occurring, “if any members of the public are not permitted to attend the entire meeting or part of the meeting.”
Regarding bylaws or resolutions, the MGA states they are, “not valid unless passed at a council meeting held in public at which there is a quorum present.”
According to the meeting minutes, the July 28 council meeting opened a few minutes after 9 am, going into a closed session 40 minutes later.
All nine city councillors were in attendance with Coun. Ramona Robins leaving the discussion four hours after the meeting started.
The meeting continued for a little more than 15 minutes before council moved into “open session” with the eight remaining council members making the two resolutions.
The meeting also appears to have contrived the city’s own municipal procedure bylaw by not making a meeting agenda public. More than two weeks following the meeting, it still hasn’t been released.
The Medicine Hat Owl subsequently filed an access to information request on Aug. 8 seeking the meeting agenda as well as the written notice by councillors required to hold a special council meeting with less than 24-hours notice.