Burlington Council Unanimously Supports Expedited Review of Closed Meeting Protocols

"Yesterday's unanimous vote reinforces the commitment of every single member of this Council to public transparency and accountability, while also respecting our obligation to hold some conversations in closed, confidential sessions to protect our community’s best interests. This commitment is shared by all of City staff, who guide us on going into closed only when necessary, and sharing as much information as possible. I look forward to the review of our practices from our Closed Meeting Investigator, and any additional suggestions they might have for how we can continue our commitment to public engagement while adhering to our obligations to maintain confidentiality over items discussed in closed session." -- Burlington Mayor Marianne Meed Ward

At our Feb. 15 meeting, Burlington City Council unanimously approved a motion from Ward 3 Counc. Rory Nisan and Ward 5 Counc. Paul Sharman to expedite a review of our closed meeting protocols. The motion was an amendment of a staff direction brought to the Feb. 2 Corporate Services, Strategy, Risk & Accountability (CSSRA) Committee meeting by Ward 4 Counc. Shawna Stolte to review closed meeting protocols as part of the new contract that will be issued for our Integrity Commissioner when the current contact expires this July.That would have delayed receiving information and updates to closed meeting protocols until fall 2022, and possibly into the next term of council given the upcoming election. All of Council felt it prudent to complete this work during this term of council.The amendment to the main motion at Council, moved by Counc. Nisan and seconded by Counc. Sharman follows:

Direct the City Manager to immediately engage the services of our closed door meeting investigator Aird & Berlis to review our closed session meeting policies and procedures and report back with any recommendations by the May 2022 CSSRA meeting.

The original motion memo from Counc. Stolte read as:

Direct the City Manager to include in the upcoming report (CM-08-22 -- March 2, 2022) a review of the City of Burlington closed session meeting policies and procedures and report back on options and recommendations to ensure the development of updated best practices, policies and procedures.

For all recommendations from the Feb. 2 Corporate Services, Strategy, Risk & Accountability (CSSRA) Committee meeting that were approved at the Feb. 15 Council Meeting, please see links to the minutes at the bottom of this post.MY TAKE:Yesterday's unanimous vote reinforces the commitment of every single member of this Council to public transparency and accountability, while also respecting our obligation to hold some conversations in closed, confidential sessions to protect our community’s best interests. This commitment is shared by all of our staff, who guide us on  going into closed only when necessary, and sharing as much as possible.Closed door meetings are set out by the Municipal Act - Sect. 239 that defines when it is appropriate, inappropriate or even necessary to be in a closed, confidential meeting. The City and elected officials are bound by this legislation that reflects the principles of transparency and sets out the obligations of confidentiality.Council and City staff are always looking for ways we can enhance our commitment to public engagement, and the motion to expedite this work during this term of Council is one more step in that journey that has been ongoing at least since my first term on Council.Many improvements have been made along the way, including recently, and the result for the public is this: residents are receiving more information about what we are discussing in closed sessions, and Council, together, is directing staff to disclose information as soon as we can share it. I have regularly advocated to reveal as much information as possible to the public when we come out of closed. I also do my due diligence to confirm the information that can be shared publicly while respecting the legislation.I look forward to the review of our practices from our Closed Meeting Investigator, and any additional suggestions they might have for how we can continue our commitment to public engagement while adhering to our obligations to maintain confidentiality over items discussed in closed session.This balance of transparency while respecting confidentiality is and should always be an ongoing journey, making improvements wherever we can. We are all -- Council and City staff -- committed to doing what we can to enhance public engagement anywhere we can.In addition to the motion recently passed, there are a number of other steps we are taking individually and collectively to further our commitment to public transparency, detailed below.Code of Good Governance Review:The City Manager will be presenting a report at the upcoming March 2, 2022 Corporate Services, Strategy, Risk & Accountability (CSSRA) Committee meeting on further recommendations to enhance governance, including an accountability framework. The report will also address the need to proceed in Q2 2022 with a Request for Proposal (RFP) process for a new five-year contract retainer for the City’s Integrity Commissioner, given the current contract expires July 31, 2022. This work is expected to include recommendations to update and strengthen council’s Code of Good Governance that spells out our obligations to keep confidential information confidential (Sect. 14), and foster respect for Council decision-making (Sect. 18), among many other provisions. Read the full Code here: https://www.burlington.ca/en/your-city/resources/How_We_Operate/Integrity-Commissioner/Code-of-Good-Governance.pdfNo member of Council has the unilateral right to release confidential information they believe should be public without violating our obligations under the Code of Good Governance. Decisions to release confidential information can only be made by a majority vote of Council, and I’m proud of the commitment this Council has shown to do just that on a number of occasions during our term.Review of Closed Meetings:If any member of Council, City staff or the public has questions or concerns about whether we are properly in Closed Session on a matter, they can refer this item to our Closed Meeting Investigator for review. Information on how to do that is posted on our City webpage here: www.burlington.ca/en/your-city/closed-meeting-investigations.aspThere have been no requests to date for an investigation.However, in light of recent questions that have been raised about our closed meetings, I have asked our Closed Meeting Investigator to review several of our recent meetings to confirm we were properly in closed and provide recommendations, if any, for how we can continue and enhance our commitment to public transparency.It will be good to have a shared understanding for all members of Council on these matters.Data on Time Spent in Closed Meetings:Some have asked about the amount of time we spend in closed sessions. At every Council meeting, I provide a summary of the number of hours we spend at committee, and I’ve now asked the City Clerk to break that into closed and open sessions, beginning with our Feb. 15 Council meeting.For the February cycle of committee meetings, we spent 12 hours and 45 minutes in committee discussion. Of those, we spent 10 hours and 22 minutes in open session, and 2 hours 23 minutes in closed session.Suggestions:We are always open to continued feedback from the community about how to enhance our commitment to transparency while respecting our obligations to confidentiality. Your suggestions are welcome at mayor@burlington.caRELATED LINKS:

• CSSRA Meeting Minutes: Post-Meeting Minutes - CSSRA Committee_Feb02_2022
• Council Meeting Minutes: Post-Meeting Minutes - Regular Meeting of Council_Feb15_2022