City council has re-voted on three bylaws related to the joint-use school project after confusion arose following the last meeting about how members voted and whether the bylaws actually passed.
Mayor Clive Tolley kicked off the Feb. 27 regular council meeting by apologizing for how he managed the voting on bylaws 5680, 5681 and 5682 during the Feb. 13 meeting.
The mayor failed to vote 16 out of 18 times — appearing to abstain and therefore a negative vote — and said “carried” upon seeing enough members in support. Each bylaw passed with a 4-2 vote, but a review of the meeting video suggested some votes should have been 3-3; ties would have defeated the bylaws immediately.
Council gave three readings to each bylaw on Feb. 13, but because they were not unanimous, the bylaws returned to the Feb. 27 meeting for one final reading and official approval.
“I made some errors and did not conduct a proper vote. I apologize for that. I was in a hurry, I suppose, and didn’t do a due diligence to take the time,” Tolley said. “So I suppose it’s a reminder to me to make sure that I’m very deliberate and methodical in this role.”
Tolley added that the city clerk researched how to address this issue and would offer clarification to resolve it.
During a media scrum afterward, Tolley said the presentation by Michel Labonte flustered him because of how emotional Labonte was and because he fell up the stairs while leaving the speaker’s podium. Those actions led to the mayor rushing the vote and being less attentive.
City clerk Tracy Wittke explained that The Cities Act does not specify what type of meeting rules of order to follow. However, she noted that section 55.1 of the Act refers to municipalities establishing a procedure bylaw to address bylaws.
The City of Moose Jaw’s procedure bylaw refers to Bourinot’s Rules of Order of Parliamentary Procedure to guide meetings.
“Bourinot’s Rules of Order of Parliamentary Procedure reference the following: privilege is regarded as a member’s right to correct inaccuracies or explain circumstances affected themselves adversely or reflect improperly on the organization as a whole,” Wittke said.
Further, section 50 says the objective should be to have a well-understood procedure that meets council’s needs in a particular circumstance, she continued.
Therefore, city administration recommended that council clarify the Feb. 13 regular meeting minutes by re-reading all three bylaws to show clearly whether members were in favour or against them.
Council must follow certain rules when re-voting, such as no re-debates unless the bylaw’s contents changed, Wittke said.
“Council members cannot change their vote. You are required to vote the same in favour or opposed as in the initial vote of Feb. 13 meeting. The intent is to clarify your previous vote,” she stated.
Wittke added that members absent during the previous meeting — in this case, Coun. Heather Eby — could not vote during the first and second re-readings but could vote during the final approval decision.
Coun. Dawn Luhning inquired about members not changing their votes. She understood she couldn’t change her decision but couldn’t remember how she voted during the first and second readings.
“I don’t want to throw anything off or do anything that is inappropriate, but I think I voted in favour to get them into Committee of the Whole and then voted against (the bylaws) on third reading,” she said.
“I cannot tell you (what to do),” replied Wittke. “This is what the rules state: it’s what you felt you believed you voted.”
The meeting video clearly shows Luhning not raising her hand during the first or second readings on any of the three bylaws — thus abstaining — but voting against them during the third reading on each. Moreover, according to an email sent to the Express, the city clerk’s office recorded the councillor as abstaining.
During the re-voting process, council 5-1 during the first and second readings of all three bylaws — Coun. Kim Robinson was opposed — and 4-2 during the third readings, with Robinson and Luhning opposed.
Later, council gave final reading to all three bylaws, voting 5-2 each time. Robinson and Luhning were opposed.
The next regular council meeting is Monday, March 13.
