Letter to Community and Rural Development Minister Bill Bennett

Recently, I sent a letter to Community & Rural Development Minister Bill Bennett asking that his Ministry officials review Council's decision to allow WL City Councillor Sue Zacharias to participate, by phone, in the February 16th, 2010 Committee of Whole Council meeting. I should note two things:

1) Section 128(1) of the Community Charter requires that a local government authorize the use of electronic means (webcam or telephone) in their Procedure Bylaw

2) City of Williams Lake Bylaw #1940, 2004 (Council Procedure Bylaw) does not currently authorize Council to make use of electronic means in its meetings

Find below a copy of the letter I sent to Minister Bennett earlier today:

Dear Minister Bennett:

Re: Use of Teleconferencing at the February 16th, 2010 Committee of the Whole Council Meeting (City of Williams Lake)

I recently had the opportunity to review the minutes of the February 16th, 2010 meeting of the Committee of the Whole Council (City of Williams Lake), and I wish to bring to your attention and that of your Ministry officials, of the use of teleconferencing during this meeting

Section 128(1) of the Community Charter states the following, with regard to electronic meetings of local government:

Electronic meetings and participation by members

128 (1) If this is authorized by procedure bylaw and the requirements of subsection (2) are met...

Williams Lake City Councillor Sue Zacharias, during the February 16th, 2010 Committee of the Whole Council meeting, was given permission by Williams Lake City Council to participate electronically, via teleconference, on the grounds that she would be identified as being “absent” and that she would not have a vote on any matter before the Committee but she would be allowed to speak on any matter before the Committee. I will be attaching a copy of Page 1 of minutes of the February 16th, 2010 Committee of the Whole meeting, both for your information and that of your Ministry officials

Further to this, the current Williams Lake Council Procedure Bylaw does not currently authorize the use of electronic meetings to allow a member of Williams Lake City Council to participate electronically during a Council meeting. I will be attaching Page 1 from the “Table of Contents” from City of Williams Lake Bylaw #1940, 2004 (Council Procedure Bylaw), both for your information and that of your Ministry officials as Procedure Bylaws, as I understand it, are supposed to be the same in content. I am told that a new Procedure Bylaw will be presented to Williams Lake City Council at its’ March 30th, 2010 Committee of the Whole Council meeting.

Upon learning this, I emailed the City of Williams Lake Mayor Kerry Cook requesting clarification.

On Wednesday, March 3rd, 2010, I received an email response from Brian Carruthers, Chief Administrative Officer for the City of Williams Lake. Mr. Carruthers clarified what had occurred at the February 16th, 2010 Committee of the Whole Meeting. In addition, he stated the following;

In the meantime, it is Council’s right to allow a Council member to participate in a Council meeting via telephone provided they are not given voting rights when a question is called as this would be in contravention of our Bylaw

Having said all of that, my real concern, at this point, is that Williams Lake City Council is acting in contravention of Section 128 of the Community Charter, both in spirit and intent

If Williams Lake City Council is allowed to ignore Section 128 of the Community Charter without consequence, then compliance with the Community Charter itself becomes meaningless

I hereby request your Ministry officials to review this situation and should the facts warrant it, I believe that the City of Williams Lake should be strongly reminded that use of teleconferencing or other electronic means for its’ meetings’ is prohibited until such time as the City of Williams Lake Council has duly authorized the use of electronic meetings in its’ Procedure Bylaw

Please contact the undersigned at (250) – 303-0951 or by email at sforseth000@hotmail.com if you wish to discuss this matter further.

Thank you for your consideration in this matter


Yours truly,




Steve Forseth
SF/sf