Page 10, Whitby Free Press, Wednesday, September 7,1994 Privacy rales go "too far,/ say councillors FROM PAGE 1 property...that's all spelled out in the regulations,»he said. Under the proposed legislation, a meeting or part of a meeting can be closed to the public if the subject matter includes the fol- lowing: * the security of.the property of the municipality or local board; * personal matters about an identifiable individual, includin municipal or local board employees; * property acquisition; * labour relations or employee negotiations; * litigation or potential litiga- tion; * receiving advice from a solici- tor; * a matter in which a council, board, committee or other body has authorized a meeting to be closed under another Act. A meeting shall also be closed if the subject relates to the con- sideration of a request under the Municipal Freedom of Informa- tion and Protection of Privacy Act. But before holding a closed meeting, the council or local board must state that it is hold- ing the closed meeting and the general nature of the matter to e discussed. In addition, all council votes, even on issues discussed in pri- vate, must be public. According to Town clerk Don McKay, "most" in-camera deci- sions of Whitby council are even- tually made public through the bylaw process, such as land tran- sactions. However, personnel matters are a "little different," McKay explained. 'They are confidential through 3uns Master" Y TH E MA TEé HAT EVERYR0DYS AFTER! 'ACK TO SCHOOL:, "Uù«p ý& pea te£e! • the Freedom of Information and Protection of Privacy Act. I don't know how the new legislation affects it," be said. (Under Bill 163, if a meeting is closed, no resolution or record of the meeting shall disclose any information that is not permitted under the privacy act.) Although minutes of closed meetings are not available to the public, the minutes are ratified in ublic "most of the time," said "If tXey're not ratified in public it's because of the privacy law," he said. "I can't think of any issue, other than a personnel matter, that is not made public." While councillors Batten and Brunelle do not object to most of the proposed legislation, they are worried that "informal" meetings of council will be endangered by Bill 163. (McKay pointed out that coun- cil will meet "in caucus" to dis- cuss matters and no "formal" minutes are taken of these ses- sions. (But if council orders staff to take action, it must be a formal meeting, either in public or pri- vate, McKay added.) "I know everybody challenges having some discussions in pri- vate," said Batten. "But there are lots of times when we need a little prior dis- cussion, when we have to get brushed up on it (topic) just to get our bearings straight," he said. "If we have these discussions out in public with the press reportinq, we can make state- ments t at are taken out of context." Even after having discussed a complex issue in private, council must still be "on guard at times," said Batten.* "I have to be blunt the press is always looking for te negative. That s the general trend of the press. "If there's something negative about an issue, that's what they look for." While Batten does not believe "any of us have private meetings to hide something from the press or public," council must have that option. "When you're dealing with somebody's future or a planning issue or a legal matter, you have to make sure you have the 'Is' dotted and the 'Ts' crossed," be said. "If that's taken away it can be quite dangerous. Quite often members of the general public ( ( will come to a meeting and try to catch us on something...that's generally why private discus- sions take place." Brunelle concurred with his colleague's assessment. "I think there are opportuni- ties and some need for greater openesss, but I think they may have gone too far," said Brunelle. "If three people (councillors) go to lunch, it's a publie meeting," he said. "I have no problem with being open, not at all, but if it gets to the point where you have to report conversation over lunch, it's a little ridiculous." Municipal affairs ministry spokesperson Tricia Myatt said the responsibility will rest with council in deciding if the scenario described by Brunelle can be considered a meeting. "It's a matter of intrepretation. It's up to the council to deter- mine if its conducting council business," said Myatt. However, she noted that if anyone feels that a council has contravened the act, it is up to the complainant to pursue the matter through the courts. By Mike Kowalski Pro posals aimed at 'opening up' t e municipal government process have been hailed by Whitby mayoral candidate Pat Perkins. Provincial legislation which places restrictions on what muni- cipal councils and boards can legally discuss in private is "long- overdue," Perkins told The Free Press. "Part of my platform, when I made my statement that I was running, was to open up the process," said Perkins. ·"The public has the right to see its business done in the open and not in any backroom deals," she said. While Mayor Tom Edwards was not available to comment on proposals contained in Bill 163 (see separate story) Perkins is hopeful that it will result in fewer m-camera (private) meet- ings. 'I think the public has the right to see how (Whitby)council does business," said Perkins. I SMMER ENARANCE : GIT Qualifier' S Street-Ready Performance and Style - All-season tread with a high mileage Sperformance compound, •Spleed-rated for high-speed perormance. Cali for Great Savings S 1 gn BalanclngF l E I •Vafve Stems FREE No Scrap Tire Charge UP0 317A HoknEt.lhty AMIonThurs J. m-:3pm - 8 88 2BAY & ZELLERS Fni.8am-5pm, Sat. 8m-2pm CARDS ' Brunelle and Batten agree that the actions of councils such as their own did not prompt the changes sought by Philip. "The minister can say what he wants, but I think sometimes paranoïa reins supreme," said Brunelle, in recalling a meeting with former housing minister Evelyn Gigantes over Whitby's obection to proposed legislation. 'She applauded us for what we did in Whitby for affordable hodsing, but because the pro- blems ýwere in Toronto, North York, Mississauga,,she had to pass the legislation," he said. "I think it's the same thing here. If the measures brought forward were a little less severe, you wouldn't have the panic.» If Philip's intention is to "open up the process," then Whitby is "way ahead of the province," said Batten. «I don't think anyone can cri- ticize Whitby council for not hav- ing an open planning process," he said. "Some municipalities don't even invite public input into the decisions. That's definitely not the case inm Witby." "In many cases when an issue has controversy it is discussed behind closed doors," she chai- med. "They (councillors) don't let us see how it's decided. We don't know the factors involved. We just see the fait accompli." Directing ber comments at "municipal politicians at larve," rather than Town council, Per- kins said there isc"something drastically wron g" if politicians are concerned a ut discussing controversial matters in public. "Tey shouldn't be in public office if tbey can't stand public scrutiny," she said. Perkinssconceded that sensit- ive issues suon as legal and personnel matters can be deba- ted privately. But she accused Whitby coun- cillors of appying this rule to subjects whcxh should have been deat with in ublic. Using the udget of Whitby's Downtown Business Improve- ment Area (DBIA) as an exam- ple, Perkins charged council and its operations committee with ignoring their own regulations. "They (committee) referred an item to come back on a specific day and when it came back it was a different item," she explained. "When we (DBIA budget cri- tics) brought it up, they chose to ignoré tbeir own procedural bylaws." (During the June 13 meeting which approved the DBIA's 1994 budget, council was twice infor- med by Town staff that it had folowed proper rocedure.) Meanwhihe, during an ope- rations committee meeting prior to council's DBIA budget meet- ing, Perkins noted that the com- mittee broke off its public discus- sion to go behind closed doors to consider its options after critics raised a number of issues. "Those kinds of things are not palatable ... but I don't know if that wilI matter to the majority of people." she added. Fire damage is $1,300 A pot left on a stove caused about $1,300 damage at a house on 200 Ontario St. Monday after- noon. Firefighters received the cal] around 12:15 p.m. No one was home when they arrived so they had to break down a door to get in, says Whitby deputy fire chief Bob Marshall. The pot had boiled dry, filling the kitchen with smoke, he says. Mayoral candidate supports new rudes L- w MW MW imr ýw ýw 'fflvý ýw ý ý - - - - -