The following motion, moved by Regional Councillor Medeiros and seconded by Regional Councillor Dhillon, was introduced:
That the video of the full Open Session of the meeting held on January 26, 2022 be provided to all Members of Council (via Brampton.ca); and
That the audio recording of the Closed Session of the meeting held on January 26, 2022 be provided to each Member of Council.
Councillor Medeiros outlined the purpose of the motion.
Staff outlined concerns about distribution of the Closed Session audio recording for the purpose of Members seeking legal advice, given that such disclosure could result in potential confidentiality issues and waiving of privilege.
Staff also provided details on the protocol for Members to access Closed Session audio recordings, which provides that Members make arrangements to attend the City Clerk’s Office for this purpose. Staff also confirmed that the video recording from the Open Session portion of the January 26, 2022 Council meeting is available on the City’s website.
Council consideration included:
- indication from specific Members that they do not want a copy of the Closed Session audio recording
- concerns about the varying the process for release of the audio recordings of Closed Sessions
- concerns about releasing the recording for the entire Closed Session, rather than just a part thereof
- clarification from Councillor Medeiros that the intent of his motion is for the release of audio from the entire Closed Session portion of the meeting so that Members could seek legal advice if they so choose, given concerns by some Members that quorum was not being present when the Confirming By-law was passed and the meeting was not properly adjourned
Peter Fay, City Clerk, outlined his position about quorum at the meeting when the Confirming By-law was passed, and responded to questions from Council in this regard. He also noted that because quorum was not present to adjourn the meeting, this did not negate decisions made up to that point.
Following Council discussion and in response to comments, concerns and suggested amendments from Members and staff, the motion was amended to read as follows:
That the video of the full Open Session of the meeting held on January 26, 2022 be provided to all Members of Council (via Brampton.ca); and
That the City Solicitor be requested to report to the February 16, 2022 Committee of Council meeting on the appropriateness to disclose a closed session audio record, as proposed below;
That the audio recording of the Closed Session of the meeting held on January 26, 2022 be provided to those Members of Council who request it and that the City Clerk be directed to keep a confidential list thereof.
That the audio recording be provided to those Members who request it, via USB stick or by way of an appointment to listen to the content at the Office of the Clerk and,
That the City Solicitor be requested to report to the February 16, 2022 Committee of Council on the scope of a potential external opinion with regard to the legal considerations with respect to conduct of the meeting (quorum, confirming by-law, proper adjournment).
During Council’s consideration of this matter, a procedural motion to Call the Question was introduced by City Councillor Whillans.
The Mayor noted there were not other speakers, therefore, the motion could be put to a vote.
A recorded vote was requested on the motion, as amended, with the results as follows.