Charlottetown council spends more time in closed debate than in open sessions, records reveal
CBC
Charlottetown City Council has spent more time in closed-door meetings than open sessions of council this year, according to a review of public records by CBC News.
That's led at least one member to conclude council has been in violation of P.E.I.'s Municipal Government Act (MGA), which lays out criteria restricting the debates councils are allowed to hold in private.
"I was contacted by some residents and they're pretty upset, they're really upset," Coun. Mitchell Tweel told CBC News after it was revealed council had debated and — according to Tweel and other councillors — voted down a proposal to open a warming shelter in a closed-door session earlier this month.
"Some [residents] have said this violates the Municipal Government Act, and I believe they're right."
Tweel and other councillors have said they thought the meeting went into a closed-door session to discuss the results of a forensic audit report, but then moved back into an open session.
"Why would a meeting of that nature be held in a closed session?" Tweel said. "What are we hiding here?"
CBC News reviewed council minutes and videos posted to the city's YouTube channel. As of Feb. 14, it appears council has spent more than 25 hours in closed sessions in 2023 — and more than 18 hours in open debate.
Under the MGA, council meetings are open to the public by default. Only under certain conditions — for example, to discuss human resource or legal matters — can councils legally move into closed session.
The act also requires councils to divulge information discussed during closed meetings "when confidentiality is no longer required."
But it's difficult for the public to keep tabs on whether councils are following the legislation because, at least in the case of Charlottetown, the city doesn't inform residents about what was discussed behind closed doors.
A city spokesperson told CBC News via email that since the start of the year council has been dealing with topics "that are reasonably held in closed session," like the forensic audit, the search for a new chief administrative officer, and budget discussions.
On Feb. 2 — the date some councillors say council voted 7-2 against opening a warming shelter — Mayor Philip Brown cited section 119(1)(f) of the MGA, which allows council to go into a closed session to discuss "the conduct of existing or anticipated legal proceedings or the review of legal advice."
Four days later, Tweel raised concerns during an open session of council about that debate taking place behind closed doors. Tweel, along with the mayor and other members of council, all said they'd gotten calls from residents about the issue.
Brown confirmed the debate was held in a closed session but denied a vote took place, saying he didn't know how information from the session had been leaked.