It wouldn't fly.
Coun. Ed Pearce tried but failed to get Elliot Lake council support for his bylaw aimed at thwarting vote-breaking walkouts by council members, at its Monday night meeting.
Pearce gave notice of his procedural bylaw after the E4M integrity commissioner tabled its report from its investigation into a total of 102 separate alleged breaches of the Elliot Lake's code of conduct and/or the Municipal Conflict of Interest Act (MCOIA) against six Elliot Lake city council members, plus one commissioner, Tammy Van Roon.
As it turned out, Van Roon resigned her commissioner's position and later was fired from it by Elliot Lake council on Monday night.
Here's the text of Pearce's failed amendment: "Whereas Council desires to ensure orderly and efficiently run. Council.meetings; And Whereas Council desires to maintain decorum and courtesy at all times; And Whereas Council desires to ensure a thorough debate on all matters that come before Council; Now Therefore it is recommended that Council amend Bylaw 16-6 Part III (Procedures of Council and its Committees - Rules of Order and Debate Paragraph 26. No Member shall) by adding the following: '(7) Vacate their seat at the Council table without the express permission of the Chair.'"
"This amendment will prevent the use of this undemocratic tactic," Pearce told his fellow councillors. "The integrity commissioner's report specifically stated that getting up and leaving in the middle of a meeting is, quote, 'grandstanding.'"
Coun. Tom Turner said, "I think by anybody abandoning the meeting, they also abandon the right to vote. I also think it's discourteous but I think it's their right to do it, if they're so inclined. It's definitely not good manners"
Coun. Norman Mann said he wasn't sure if he should be offended or honoured that his one instance of leaving his seat in nine years as a councillor should be linked to a potential change to the procedural bylaw. He said, "So I've chosen to be honoured by it."
"I was actually elected to make decisions for the city and not just the other six people sitting around this table," Mann also said. "We should be talking about important issues like why the curves were removed on Valley Crescent or the effectiveness of the remedial work on Stanrock Road. Those are the issues I think we should be making decisions on, and not why Norm keeps leaving a seat."
In its preliminary report, tabled on Sept. 12, E4M found two complaints, one each against Mann and Coun. Sandy Finamore, to be unsubstantiated regarding their departures from the meeting of council on March 6.
At that time, council was considering the purchase of a portion of the former Algo Centre Mall property at 151 Ontario Ave. That night, it subsequently voted to buy the land as the future site of the long-planned Community Hub project.
Coun. Luc Cyr opined that the issue relates to the commission of a councilllor's duty to the citizens who voted for them in the election. He said, "If you're walking away from debate, regardless of your position, then you're not serving those citizens and are in violation of receiving your pay, as far as I'm concerned."
Coun. Chris Patrie took a strong position against the procedural bylaw change.
"I think this is a one-off attack against members of council. In my opinion, that would be bullying," Patrie said.
He continued, "At the last council training session, I was taught that the only recourse for members who don't want to discuss illegal or improper items in a closed meeting is to just get up and leave to protect oneself from being part of an illegal meeting."
Patrie concluded, "So, I don't agree with this being moved forward."
Mayor Dan Marchisella strongly disagreed with that assessment when he told council, "It is also included in our (integrity commissioner) summary reports here, you are able to abstain or vote against and give a reason."
The mayor continued, "The insinuation is that council has held illegal meetings. I have not seen an illegal meeting in the five years I've been here, or illegal discussions on anything within our municipality."
Turning to Patrie, the mayor concluded, "I find it a little bit insulting that you'd insinuate that myself or other members of council or our senior staff ... partake in illegal meetings."
Finamore, the other member accused of thwarting a vote by walking out of council, an allegation that was not substantiated, said she remains confused about the entire integrity commissioner process.
Speaking to the proposed bylaw revision, Finamore said, "I feel it is specifically targeted to a specific meeting and a specific time. So, I don't even know how that statement can be made."
Finamore continued, "If I do feel that I should not participate in a vote, I will not participate in a vote. So, I take offence to a lot of what's in that (integrity commissioner) report and a lot of what isn't in that report."
Turning to Marchisella, Finamore went on, "I didn't stand up, as you described, Mr. Mayor, and your Facebook page, stand up and storm out of a meeting. When you went into closed session, I just quietly left."
She concluded, "Yeah, I'm definitely feeling bullied."
When the vote was called, Pearce's proposed procedural bylaw change failed 4-3. Those in favour were Cyr, Marchisella and Pearce. Those against were Patrie, Mann, Finamore and Turner.