In an earlier post, I wrote that Collingwood’s Integrity Commissioner, Robert Swayze, proposed two changes to the town’s Procedural Bylaw: amending section 13.7 and deleting section 13.8. Last post I dealt with the former; here I will explain my concerns about the latter.
Section 13.8 currently reads:
13.8 No vote – deemed negative – exception
Notwithstanding the provisions of Section 13.7 of this By-law, every Member who is not disqualified from voting by reason of a declared pecuniary interest shall be deemed to be voting against the motion if he/she declines or abstains from voting.
In other words, no member of council, board or committee can abstain from voting when at the table: everyone present has to vote or have the abstention counted as a negative vote.
This is partially derived from Section 246 of the Municipal Act, which reads
246. (1) If a member present at a meeting at the time of a vote requests immediately before or after the taking of the vote that the vote be recorded, each member present, except a member who is disqualified from voting by any Act, shall announce his or her vote openly and the clerk shall record each vote. 2001, c. 25, s. 246 (1).
Failure to vote
(2) A failure to vote under subsection (1) by a member who is present at the meeting at the time of the vote and who is qualified to vote shall be deemed to be a negative vote. 2001, c. 25, s. 246 (2).
So under the MA, you need to call a recorded vote to have an abstention deemed negative. That can get tedious. Other provinces don’t have this requirement. Saskatchewan’s guide for municipal councillors notes:
All Members Must Vote
Legislation requires every member of council including the mayor or reeve, to vote on every question. Members must not abstain from voting unless they have a pecuniary interest. If a member abstains from voting for any other reason legislation deems his or her vote as opposed to the motion. Minutes are required to record all abstentions from voting.
There’s a bit of confusion about rules of order and what rules to follow. Some people think our municipal meetings - including board and committee – are governed by either Robert’s or Bourinot’s Rules of Order. That’s incorrect: we are governed by the Municipal Act and our Procedural Bylaw. Council and all boards, committees and task forces created by the municipality are bound by the procedural bylaw.
Mr. Swayze wrote in his report to council:
In my opinion, all members of Council should be encouraged to declare a conflict, whether pecuniary or not, if the member feels that he or she cannot be impartial in voting on a matter. If for example, a member sits on the board of directors of a charity and awarding grants to the charity is before Council, the Councillor should declare a conflict, refrain from voting and such a declaration should not be deemed to be a vote against the charity. I have recommended in Appendix “D” that personal conflicts be added to section 13.7 and that 13.8 be deleted from the Procedural By-law.
Like in my previous post, my concern is in the implementation, not the intent.