There is a good article in today’s Telegraph-Journal, written by Deputy Mayor Stephen Chase:
The issue of closed door meetings at City Hall has always been a contentious issue, coloured by the public’s view that the public has a fundamental right to know what matters are being contemplated by its elected council.
Saint John Common Council had an opportunity this week to put issues discussed behind closed doors on the public agenda. Following the advice of city management, a majority of councillors voted the transparency initiative down.
The reasoned individual will likely understand that in the course of civic administration there are matters of a sensitive nature which justify consideration in a private forum. Matters which are legal or land negotiations are both good examples in which the public would trust diligence is given in the best interests of the community. However, the reasonable individual would also expect once these sensitive matters are duly considered in a private forum and a decision is to be made – which can only be made in a public forum to have effect – that the public have an opportunity know and understand what it’s elected council is to make a decision on.
This is good public process and further advances key democratic principles of transparency and accountability.
This is what I was trying achieve by way of a policy to be implemented which would provide for any matter considered in private session and subsequently requiring an open session vote to be placed on the open meeting agenda for a period of time. This would permit the public to know and understand the issue. This would be opposed to the occasional practice of considering an item in private session and immediately – without any public knowledge of the issue – making a decision in the open session of council.
Not only is this reasonable from a sound public process perspective, but it would also go a long way to extinguish the public’s generally held mistrust of private council meetings. Consideration for public process balanced with prudence in treating sensitive issues makes for healthy mutual respect between the public and elected officials.
The principle of public process is an issue that has found the attention of those mandated with determining strategies for government reform in New Brunswick. The recent Report of the Commissioner on Local Governance recognizes that openness of local government and access to information is indeed an issue.
In fact, as a recommendation the report states that “as an added measure of ensuring openness, we would propose that staff recommendations made to municipal councils pertaining to municipal operations be made public. Such a requirement would give the public greater understanding of the options and ideas being considered. It would also encourage more open discussion and debate among council members.”
I argue that the essence of this recommendation can only be achieved if the public had the opportunity to gain knowledge of what is on the agenda before the debate – thus the reason for the procedure that I proposed.
Giving strong consideration to a staff report advising against such a policy, council decided to not to proceed. The staff report noted that council already has that discretion. I argue that good public policy cannot rely on discretion alone.
In his verbal commentary during the debate on this issue, the city manager expressed concern that under this policy, a matter may float around “in no man’s land” for a period of time. I personally take umbrage with the characterization of the public as “no man’s land.”
I felt the staff report missed the entire point, in that the idea was to have a period of time in which information is available to the public so that they fully understand what we are to vote on. This would provide an opportunity for citizens to voice concerns or voice support.
However, if success is measured by heightening attention to solid public process in the course of dealing with all city issues, in the context of transparency and accountability, then triumph can be claimed. The ensuing debate among council recognized the ever-importance of the public good.
Stephen Chase is Deputy Mayor of Saint John.
