OmbudsPEI pushes Charlottetown council toward more transparency

Charlottetown councillors have had their knuckles rapped by the P.E.I. ombudsperson's office about how a meeting was conducted in February.

Council went into a closed session on Feb. 2 to talk about whether to open a warming centre in the city and eventually decided not to.

After Coun. Mitchell Tweel told CBC News that residents of his ward had complained to him about the situation, a review of council records showed they had spent more than 25 hours in closed sessions in the first few weeks of 2023, and more than 18 hours in open debate.

OmbudsPEI, which has a mandate to "promotefairness, transparency and accountability in the Island's municipal and provincial governments,"took note of the CBC coverage. The office, led by Sandy Hermiston, launched an investigation into whether the debate had breached the Municipal Government Act.

"When OmbudsPEI opens an investigation on you, regardless of what entity you are, there's a resolution that you have to come to," city chief administrative officer Eleanor Mohammed told a council committee this week.

"What it comes down to, it appears that there was an item added to council's agenda in an improper manner. An item was raised in closed session where it didn't belong, and disclosure of what occurred in that closed session was made when it shouldn't have been

"What OmbudsPEI is looking for is a commitment from the city when it comes to closed session and the city's conduct."

Mohammed read out the text of a resolution that will be sent to the full council for discussion.

It amounts to the city pledging to be more transparent in four ways:

• "Having mayor, committee chairpersons and the CAO strenuously test whether a topic meets the provisions set out in section 119 of the Municipal Government Act before adding it as a closed session agenda item."
• "Using plain language in council's agendas to describe topics that will be addressed in closed session."
• "Having the mayor or chairperson rise and report in council or committee meetings after a motion is made to come out of closed session."
• "Adopting a continuous improvement culture as it relates to good governance and application of legislation."

On Thursday, Housing, Land and Communities Minister Rob Lantz said he hopes the discussion results in a closer adherence to the goals of the Municipal Government Act on the part of Charlottetown's elected officials.

"I've spoken to them about being a role model for all of our municipalities because they certainly have the capacity to understand and comply with the act, which is a little more difficult for some communities that don't have those resources," Lantz said in an interview.

"So yes, it's an expectation that they be a leader in the municipal sphere in the province."

'Removes a lot of ambiguity'

Councillor Norman Beck was acting as chair of the finance, audit and tendering committee Wednesday when Mohammed reported back on discussions with the ombudsperson's office about the February meeting.

"Personally, I think it's great," he said of the resolution. "I think it removes a lot of ambiguity and lack of clarity that was present that night."

Mayor Philip Brown said part of the problem was that new councillors had just come on board after the municipal election in November 2022. He also said the warming centre discussion was a complex and confusing one.

"It did get emotional because of all the other matters of concern that were floating around like just prior to that, back in October, we had an issue with the emergency shelter," he said.

Brown said it is now clear that the city does have the authority to open a warming shelter in one part of the city without having to do the same throughout the region, and doesn't need provincial approval to do so.

"So anything that we put out there that clarifies the situation, makes it clearer for anyone that's listening or trying to follow what we're doing up here at City Hall is all for the better. So push it on forward."

The next regular council meeting is scheduled for June 12 at 5 p.m.