Mayor Cane & Members of Council

Public Question Period at Council Meetings

RECOMMENDATION: Requires Action For Information Only

It is recommended:

1. That the Council of the Township of Hamilton receive Staff ReportQuestion Period at Council Meetings, for information and update.

CAO-2019-09, Public

ORIGIN/BACKGROUND:

The public has many options to provide input to a municipality on issues, which can rangefrom formal to informal. A request has been made to include a formal question period,similar to some other municipalities in the area.

DISCUSSION:

We encourage valuable public input in our local government decision making. In general,this helps ensure that Council policies and the administration of the policy remains in tunewith the public that has elected them. Typically, this occurs every four years with theelection of the council where ultimate accountability is maintained.

In the interim, there are various forums for input the public can attend Council meetingswhich are open to the public, unless closed for a specific reason. Council meetings arerecorded and posted on our website, should a person be unable to attend but want tounderstand the discussion and decision-making process of Council.

In addition to the Council Meeting, Council also holds Committee of the Whole, where apresentation by members of the public, community groups and other parties interested inappearing before Council, are afforded the opportunity to present and then answerquestions on the issue.

There are also several Committees that provide advice and input and typically have one ormore members of Council on them — such as Heritage, Accessibility and the recently formedParks and Recreation Committee, among others. In addition to these vehicles, Councillorsmake themselves available to the public at meetings, or events in person and by email, or

The Corporation of the Township of Hamilton

REPORT TO:

REPORT No: CAO-2019-09

SUBMI17ED BY: Arthur Anderson, CAO

DATE: October 10, 2019

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Subject:

In Camera D

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phone or contact through the website. Council can also receive feedback via writtenletters.

At the same time, there are surveys and feedback buttons posted on our website formembers of the public to provide targeted or specific input. In addition, our Councilagenda, is posited on our recently redesigned website and portal, that a full range ofinformation is posed and available to the public.

Recently, Council received a request regarding public input from the CCHT, and their draftoutline is attached.

At the same time, we have collected information on several other municipalities thatprovide a window for public question period. Of note is some of the discussion in the Townof Caledon, reported in the local paper, which presents one community’s experience withthe public question period. Copies of the related information is included.

While it is not clear that the provision of a separate question period, either at the start ofthe Council, before a decision is made or the report and questions are addressed, or after adecision is made, will truly help inform the decision-making process, Council has the abilityto consider amendments to the procedure by-law to permit this forum.

FINANCIAL IMPUCATIONS:

There is no financial cost to including or not including the question period.

STRATEGIC PLAN:

The provision of information relates to S 1.3 Improve Communication with the Public andIncrease Public Awareness of Municipal Activities.

CONCLUSIONS:

It is recommended that Council receive Staff Report CAO-2019-08, Public Question Period atCouncil Meetings, for information and update.

AflACHMENTS:

Title Official Signature /1 Date

CAO A. Anderson .,.,.,JJJ4 2019.10.10

Possible procedure for comments and question periods at council meetings.

We have reviewed the procedures from Brighton and Trent Hills and have compiled a possibleprocedure for Hamilton Township which we believe will answer the request for the public to have theseopportunities at council meetings such as Committee of the Whole and regular cubic meetings. Adifferent process will be provided regarding budget meetings. The following is not the process forcommittee of adjustment meetings.

Citizen Comment:

Fifteen minutes is set aside in each council meeting for citizen comments on matters on the agenda.Typically, this would be given after delegations/presentations.

A form card will be filled out within the first 10 minutes of the meeting’s start, showing the agenda itemnumber, name and address, and will be placed in a designated tray. The meeting convener will reviewthe cards for appropriateness and call on each person, who will have a maximum of 2 minutes to speakand may only speak once. Comments are received by council without comment or debate. No decisionor motion shall be made as a result of comments made. Comments will not form part of the minutes butwill be audio/video recorded. Speakers are subject to the following conduct or the opportunity tocomment will be terminated by the convener.

Question Period:

Ten minutes will be set aside in each council meeting for questions from the public on matters on theagenda. Typically, this would he after reports are given.A form card will be filled out with the agenda item number, name, address and question stated. Cardswill be placed in the designated tray. Comments must be phrased in the form of a question. The meetingconvenor will review the questions for appropriates and will present each question to council. Councilwill hear the question and will answer if appropriate. Questions are subject to the following conduct.

Conduct:

Comments and questions will not be permitted on the following:1. Comment5/complaints against members of council or municipal staff2. Matters not on the current agenda3. Closed session agenda items, including current or pending litigation insurance claims, and pendingclaims against the municipality

4. Comments /questions contrary to the Municipal Freedom of Information and Protection of PrivacyAct

5.Comments/question regarding applications under the Planning Act public meeting other thancomments related to a recommendations contained within the staff report.

6. The convenor may conclude the comment or question period prior to the time limit for noncompliance with the above conduct, conduct of the public or other reason in the public interest.7. If there are extensive comments or questions the agenda item may be adjourned to a special meeting.

Changes coming to public question

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By Matthew Strader, Enterprise Staff The Town of Caledon has begun aneffort to define Public Question Period (PQP). What it is, how it should be utilizedand what controls the council can put on it were all topics of the conversation atthe Jan. 24 council meeting. But this is not about restricting members of thepublic, Caledon’s Mayor Marolyn Morrison told The Enterprise. “We are not tryingto thwart or stop the public at all. We’re lust trying to simplify the process andmake it work better,” she said. “That’s what we need to do.” According to theaccompanying report, Caledon staff are responding to a request of council tooutline the procedural requirements surrounding the Public Question Periodportion of council. A meeting in the spring of 2011 appears to be the straw thatbroke the camel’s back. “It has been abused a bit,” Morrison said. “Normally youwould get up and ask a question. We’ve gotten to a point where some peoplemake horrendous statements and go on and on and on. If you want to do that,make a delegation.” Morrison said she believes decorum is occasionally beinglost in the question period portion of council. She cited an evening when councilwas answering to members of the public with concerns about the leaseagreement being negotiated between the town, the Equestrian ManagementGroup and the Toronto Region Conservation Authority. “On the equestrian, they(members of the public) kept going to the back of the line, coming back up, going

periodEnterprise

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again, coming back up, they just kept coming back with all the same stuff, someof the councillors simply came up and left.” Ward 1 Regional Councillor RichardPaterak asked that the town ensure the public understand they can approach thetown 10 minutes before a council meeting and submit for a delegation. “They cancome in at 10 to 1 and make a statement,” he said. “They can be heard beforethe ruling.” Town clerk Karen Landry explained the procedural effort at councilwas to set a timeframe for the question period, not a limit of questions. Also, shesaid, the council has initiated a process in which the subjects of reports areadvised on the Friday before the council meeting so that they have theopportunity to register as a delegate. Other councillors asked if they will addressthe place at which Public Question Period shows up in the agenda. Landry saidthat had not been discussed in the report, but the point of Public Question Periodis supposed to be for residents to ask questions of clarification. Ward 3 and 4Area Councillor Nick deBoer said his advice to residents would be to register asa delegate. A delegation, he said, allows them the freedom to make statements,and to get answers and comment before a decision is made. Where typicallyPublic Question Period is left until after a meeting is concluded. He mentioned aswell that he believes his colleagues on council make themselves available to thepublic. Ward 3 and 4 Regional Councillor Richard Whitehead agreed and saidthe second purpose of making a statement at council is to ensure somethingcomes back. Often, members of the public are present to ask questions or makestatements that will hopefully drive the council to request further staffinvestigation into an issue and see the issue come back to council at a later date.He said the formality of a delegation has a much better chance of resulting inthat. “Public Question Period is a random chance,” he said. “Don’t leave it torandom chance.” Ward 2 Regional Councillor Allan Thompson spoke after themeeting and said he is hearing from other bodies and other municipal offices thatdelegations are the way to go for members of the public. “Policy and proceduresare the framework for our council meetings. And in my opinion the policy andprocedures for the Town of Caledon should be reviewed with each new term ofcouncil,” he said, adding this is the advice received from the Association ofMunicipalities of Ontario (AMa). “Throughout my term of council I’ve made apoint of attending councilior training sessions. Fred Dean, a former solicitor forthe City of Brampton and the Region of Sudbury, now co-chairs many of thesetraining sessions across the province, and he also suggests that municipalcouncils forego formal question periods. He recommends that the delegationspart of the council meeting is the appropriate place for public questions.”Thompson said some councils receive questions from the public for the durationof the delegation period, in order to give the public the opportunity to speak andthat once the delegation portion of the meeting has concluded and the regularcouncil meeting begins, the opportunity for question period closes for that council

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meeting. “As a Caledon councillor, I personally agree with Mr. Deans’recommendation. An exception to that, however, would be our annual budgetmeeting when I believe it is appropriate to give the public opportunity to askpoints of clarification concerning the budget, before it is voted on by council.” Atthe conclusion of the discussion at Caledon council, Morrison asked her clerk todefine how many times members of the public are allowed to speak. Shementioned her councillors are given two opportunities to speak on a particularsubject, and believes the public should be held to the same rule. She also saidshe would like to see maximums put in place to ensure presentations frommembers of the public do not go on too long, and asked her council to standbehind these decisions. “You have control here,” she said to her colleagues.“Stand up if you think it should be upheld, or else we might as well not havethese restrictions.” Regarding the possibility of time limits for question periods,Morrison told The Enterprise, “We don’t want to have a two hour question period.How can you run a meeting efficiently and effectively? If you can’t ask a questionin two minutes, then there is something wrong.”

•COLUMN: Scrapping public questionperiod doesn’t hurt the publicOPINION Mar 27, 2017 by Matthew Strader Caledon EnterpriseAn item that had the word “public” in it had members of the public and a fewCaledon councillors debating passionately that public inclusion in councilmeetings was being restricted.

However, it’s my contention that they were too focused on the word public, andnot the essence of what they were asking for.

Early in 2015, during a review of the procedural bylaw, council removed publicquestion period from the council agenda.

This was a good move. It is not about restricting the public’s ability to participate;it is about making council meetings more efficient as well as open andtransparent.

The motion on the floor was included with two others tabled by Ward 1 regionalCoun. Shaughnessy asking for procedural changes to how the meetings operate.The most passionately debated one was the reintroduction of public questionperiod.

Shaughnessy stated that some members of the public were upset when it waseliminated, and she felt it added to the open and transparent nature of councilmeetings. She is right on the former, I believe she is wrong on the latter.

Public question period used to end off council meetings. It allowed for thesoapbox version of public speeches. Stuff residents were upset about woubrought up and then the human nature of councillors would often take overwhat residents were upset about, would be discussed.

However, as clerk Carey deGoerter tried to explain, the ability of the public tocomplain about an issue is not restricted by the removal of public questionperiod. What it does is create a situation where issues that are not on the agenda

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can be brought up, and discussed by council and residents in attendance withoutany other residents of the town knowing it happened.

The only notification members of the public have about what is going on at thecouncil meeting is the agenda published on the Thursday or Friday prior to thecouncil meeting.

It is published so they can review what is happening and decide what they wouldlike to get involved in.

When members of the public are interested in being involved in an issue, theycan arrange a delegation on it and give their point of view to the entire councilprior to the topic being debated and voted on. It is part of the public record, and amore formal way of presenting an argument.

When a resident gets on the soapbox at the end of a meeting, they are quiteoften extending a meeting near its end, again human nature kicks in, and we allknow what happens when something drags on.

Also, what if a member of the public comes into a meeting upset about an issue,goes off during public question period with their opinion, and it is something I asa resident would care enough to attend the meeting to speak about as well —

and maybe with a different argument?

With the subject not on the agenda, I would not know to attend. If they give apassionate and good presentation, they could sway councillors’ thinking — firstimpressions matter. Again, human nature.

Public question period is quite often a waste of time, and a chance for those wholove to hear themselves talk — talk.

Its exclusion is not about restricting your inclusion.

There are much more formal and effective ways to do that. And those proceduresare still in place.

by Matthew Strader

Matthew Strader is a reporter with the Caledon Enterprise. He covers municipal poiihcs. business andgeneral news. Follow him on Twitter @CaledonStrader.

Ontario MunicipalitiesPublic Question Period

AjaxThe Procedural By-law provides the opportunity for Public Question Periods at City Councilmeetings. Section 4.15 of this By-law states that: “An opportunity will be provided for anyMember of Council or any member of the public to ask the Mayor a question pertaining to anymatter appearing on the Council agenda. All questions will be answered by the Mayor, unless inthe Mayor’s opinion, the answer could be better provided by another Member of Council or amember of Town staff. In the interest of expediency, the Mayor/Chair may impose timelimitations on the questions asked by Members of Council and the public.”https ://www.a iax.ca/en/inside-town ha li/speak-before-council-or-corn m ittee.aspx

Bram ptonBrampton’s Procedural By-law sets out Public Question Periods in section 4.8. This sectionstates as follows:

1. The agenda for each meeting shall include a public question period during which anymember of the public may ask a question related to any item on the agenda for thatmeeting, except a matter dealt with in a closed session;2. The maximum time allocated for public questions shall be’ fifteen (15) minutes,unless, by unanimous consent of the members present, the council or committee agreesto extend that time limit.

http://www.brarnpton.ca/EN/City-Hall/Bylaws/2018/077-2018.pdf

BrightonThe Town of Brighton provides for a Citizen Comment Period and a Question Period.

Citizen Comment:Any member of the public may speak during Citizen Comments.Fifteen minutes is set aside in each Council meeting for Citizen Comments.The individual must fill out the yellow Citizen Comment form and return it to thedesignated tray within 10 minutes of the start of the meeting.The forms must include your name and address or the form will not be accepted.A citizen has a maximum of three (3) minutes to speak.Comments are received by Council without comment or debate by Council.

Question Period:Any member of the public may ask a question on any item listed in the agenda withoutgiving notice or submitting a form.A maximum often (10) minutes is set aside for Question Period.Comments must be phrased in the form of a question.Council will hear the question and will answer if appropriateNo person speaking during Question Period shall:

• Speak disrespectfully of any person• Use offensive words• Disobey the rules of order or a decision of the Chair

https://www.brighton.ca/en/municipal-services/speak-at-a--councii-or-committee-rneeting.aspx

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CaledonA 2009 amendment to Caledon’s Procedural By-law introduced a Public Question Period duringeach Council meeting. Section 26 of this By-law states as follows:

1. The Agenda for each meeting shall include a public question period during which amember of the public may ask a question related to any item on the agenda for thatmeeting, except a matter dealt with in a closed session;

2. The maximum time allocated for each speaker shall be two (2) minutes, unless timepermits to provide a second opportunity for the speaker to address Council;

3. Speakers who wish to express an opinion or provide comment shall register as adelegate;

4. The maximum time allocated for Public Question Period is fifteen (15) minutes,unless, by unanimous consent of the members present, Council agrees to extend thetime limit a maximum of 15 minutes.”http://www.caledon .calenltownhall/resources/BL-201 2-XXX-Oo5Procedural.pdf

DeserontoAccording to the Town’s website, the Town of Deseronto provides for a question period at eachCouncil meeting where the public will be given the opportunity to ask questions, and/or voicetheir concerns and suggestions regarding by-laws and other community issues, Members of thepublic are not required to make a formal deputation request to speak during the question period.https://www.deseronto.ca/council/council-information-and-notices?rp=r3ublic%200ue5tion

Elizabeth-KitleyThe Township of Elizabeth-Kitley provides for everyone in attendance at a Regular CouncilMeeting to ask a question of Council. The Mayor will direct questions at the appropriate point inthe proceedings.http://www.elizabethtown-kitley. on. ca/content/clerks-department

MintoIn the Town of Minto any person or persons wishing to appear before Council on any matterpertinent to the business of the Corporation must notify the Clerk and provide a written copy ofthe submission no later than 12noon on the Wednesday preceding the Council meeting in orderthat deputation may be listed on the agenda.https :1/town. m into .0 n .ca /govern me nt

Trent HillsTrent Hills makes provision for an Open Forum in their procedure by-law under Section 14.9,and allots 10 minutes for a Public Question Period.

14.9 Open Forum The Open Forum provides an opportunity for the public to provide verbal comment5to Council, in Open Session, on matters scheduled on the current agenda or on matters within thejurisdiction of Council or the Municipality, and shall be conducted as follows:

• Open Forum shall last no longer than ten (10) minutes;• Each speaker shall be required to sign the Open Forum Register, prior to meeting

commencement, by providing their name and address, and agenda item number or topic ofdiscussion, which may become part of the public record;

• The Chair shall call upon the registered speakers, with the individuals speaking to an agendaitem being given preference;

• A speaker shall be limited to two (2) minutes;

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• Each speaker is permitted to speak only once;• No discussion or debate will occur during Open Forum;• No decision or motion shall be made as a result of comments made during Open Forum;• Comments made during Open Forum will not form part of the minutes of the meeting;• The following matters will not be permitted during Open Forum:

o Comments/complaints against Members of Council or Municipal staff; o Matters beyond thejurisdiction of Council or the Municipality;

o Closed Session agenda items, including current or pending litigation, or Insurance claimsand/or pending claims by or against the Municipality;

o Comments with respect to Minutes of Council and Advisory Bodies;o Comments that are contrary to the Municipal Freedom of Information and Protection of

Privacy Act;o Comments with respect to any applications that have proceeded through a Public Meeting

in accordance with the Planning Act, with the exception of comment related to arecommendation contained within the Staff Report.

• The Chair may conclude Open Forum prior to the ten (10) minute maximum time limit, for noncompliance with the Open Forum parameters, Conduct of Members of the Public, or any otherreason.

https ://trenthil Is. civicweb. net/fi leg ro/docu ments/1 14594? preview= 116142

Outside Ontario

BanifThe Town of Banif, Alberta, provides for Public Question Periods as per their Procedure Bylaw.http:llwww.banff.ca/DocumentCenterNiewl255

Dawson’s CreekThe Town of Dawson’s Creek, B.C., provides for Question and Answer Period to be held inCouncil Chambers during the fifteen (15) minutes prior to the start of the Media QuestionPeriod.. Dawson’s Creeks’ webpage outlines the following protocol:

1. A questioner must be a property owner, resident of the municipality and/or a person who isdeemed to be directly affected by the matter to be addressed.

2. Persons wishing to ask a question must register to do so. Opportunity to register will beavailable at City Hall on the Friday before the meeting from 1:00 p.m. to 4:30 pm.

3. Registration will not be carried forward from meeting to meeting. Persons that have registeredbut have not addressed their question to Council at the end of Question and Answer Period, willbe advised to return to the next Regular Meeting and re-register, or may submit their questionsfor subsequent written response.

4. Questioners must submit their questions in writing to the Director of Corporate Administrationin advance of speaking. Forms will be provided for this purpose, at the time of registration.

5. Questioners must respect the need for Question Period to proceed in a timely fashion and mustproceed according to these guidelines:

a. Address the Mayor when speaking;b. State their name and residential address, prior to presenting their question to Council;c. Speak clearly and concisely into the microphone at the Delegation Table; when and

where one is available;

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d. Agree to speak for not more than three minutes and to speak only once during themeeting (unless invited by the Mayor to extend the discussion).

6. Questioners are required to ask a question and are not permitted to make a speech. A questionwill be ruled out of order if speaking to matters of current litigation or legal action against theCorporation of the City of Dawson Creek. A questioner making political statements, using rudeand/or obscene language or defamatory comments or speaking about a bylaw from a closedpublic hearing will also be ruled out of order.

7. Council reserves the right to defer responding to a question in order to obtain the informationrequired to provide a comprehensive and accurate response.

https: //www.dawso ncreek. ca/word press/wp-conte nt/uploads/council-meeting-info rmatio n/ADM IN ISTRATION-QU ESTION-AN D-ANSW R-PER IC D-REG ISTRATIO N-FO RM 1. pdf

PentictonThe City of Penticton, B.C., provides for a Public Question Period at the end of Councilmeetings. Section73 of their Procedural By-law states that: At the end of Council business, themedia and public will be afforded an opportunity to address Council. The format must berestricted to questions with respect to items that are on the current agenda and each questionmust be limited to two (2) minutes.”http://www.penticton.ca/assets/City—Hall/Bylaws/Administration/Council%2oProcedures%206y1aw%202004-23. pdf

PontiacThe Municipality of Pontiac, Quebec, provides for a Public Question Period at the end of eachCouncil meeting — sample is included, but not the actual procedures.httpi/www.municipalitepontiac.com/files/1 613/7668/1923/MN 1 30709.pdf

TofinoTofino, B.C., provides for a public question period, according to their City website. The sitestates Up to 10 minutes is provided at the end of Regular Council and Committee of the WholeMeetings for members of the press and public to ask Council questions about mailers includedon the agenda or discussed during the meeting. To accommodate as many speakers aspossible, each will have up to two (2) minutes to ask questions, including up to one follow-upquestion. They also outline other ways to appear before Council.

http ://www.tofi no.ca/a ppea r-before-cou ncil#Questio n%2oPeriod

WhistlerThe Procedural By-law in Whistler, B.C., provides for a Public Question and Answer Period(S12.a.3) at the beginning of each Council meeting, following the adoption of minutes. Everymeeting will be conducted in this way unless the Council otherwise resolves.https:/Iwww.whistler.calsites/defaulUfileslbylaws/1 659_2004.pdf