Mayor stands by his decision to defend Procedural By-law

It was a rocky start to Saugeen Shores February 24th Council meeting when John Mann, a retired lawyer and frequent speaker at the Council podium, was asked repeatedly by Mayor Luke Charbonneau to take his seat.

The Mayor cited a procedural By-law that specifies no-one may speak to the same topic within a six-month period.  Mann was attempting to speak at the Open Forum session prior to the formal Council meeting and during which time any resident may speak to an agenda issue for three minutes.

Mann was attempting to speak to the issue of the proposed Port Elgin Beach development, Cedar Crescent Village (CCV) but the Mayor reminded him that he was within the six-month restriction having spoken about it on September 9th and asked him to relinquish the podium.  Mann however, attempted to ask that Council waive the procedural By-law restriction.

The Mayor and Mann verbally talked over each with the Mayor saying Mann was “out of order” but Mann refused to take his seat.  “I am trying to criticize this Council and you are telling me that I cannot speak to them?” said Mann.  “Please give up the podium and take your seat, Mr. Mann,” said the Mayor.

When Mann refused, it was then that Mayor Charbonneau called a recess and Council left the Chambers, leaving Mann to stand at the podium.

Although silence fell as Council left, during the recess, those in the gallery began to openly ask why Mann was refused to speak and openly criticized the procedural By-law and the refusal to waive it in Mann’s case.

Mann then turned to the gallery and said, “We did not vote for staff and the CAO and Council should stop relinquishing their fiduciary duty and obligations.  The Charter of Rights gives me the right to speak to my Council and this denies me the right and the rights of those to hear me speak.”  At which, applause broke out in the Chambers.

Gabrielle DeFrancesco of Southampton said, “If that’s procedure, why wasn’t the question allowed to be asked.  I am not saying what the decision would be but getting to ask the question is a fundamental right …it’s not encouraging for those who want to come to Council to see others being browbeaten if you want to ask a question … I feel like I’ve observed bullying in the schoolyard … I am frustrated and angry … this is very upsetting. I hate to see someone use their power to shut someone down when they are asking a simple procedural question.”

With Mann still at the podium, Council returned to Chamber and Councilor Dave Myette raised a point of order.  “Mr. Mayor, I suggest allowing an exemption to the six-month rule and to allow Mr. Mann the opportunity to speak.”

The Mayor then called for a vote by Council with Councillors voting 6-2 to waive the By-law restriction allowing Mann to speak which again brought spontaneous applause from the gallery. The Mayor and Deputy Mayor Don Matheson were the two “no” votes.

Mann said “Believe it or not, all we want to do is  be meaningfully included and participate in the Main Beach lease but we have been left out.  Say why you don’t want us included.  You approved the lease and two weeks ago and in two weeks items have been changed and Council has been taken out of it …  we are citizens.  We elected you to make the decision, not staff.  The very next meeting the lease is changed?  This is outrageous. What is going on here?  Why don’t you debate our ideas?  This is a sad day for the town.  We are divided.  Why can’t we participate?  You treat us like dirt,” Mann said, asking why council will not discuss or debate citizens’ comments and concerns about the Main Beach lease.  “All we want is to be proud of our main beach which is legendary.”

Mayor Charbonneau defended his refusal to let Mann speak.  “My job is to enforce the procedural bylaw and that is what I will do, consistently, every time … no one, nobody, not even members of council, have unfettered rights to speak to council.”

CAO David Smith also later explained the Cedar Crescent Village lease saying some items have been designated to staff and that concerns by the public are “misguided and unfounded” as staff manages hundreds of leases.