The manual contains everything that guides a town in its business including transparency and accountability rules, policies relating to town employees, harassment, a code of ethics and regulations regarding land use, and taxation.
Witless Bay resident Lorna Yard claims the move was not only illegal but suggests that some of the councillors were in a conflict of interest by voting on the motion.
Yard has written Municipal Affairs and Environment Minister Eddie Joyce asking that his department look into the matter, and filed a formal notice of objection with the town itself.
“I am writing today to beg of you to intervene on behalf of the citizens and taxpayers of Witless Bay,” Yard states in her letter to Joyce. “We are currently facing an urgent crisis of unprecedented implications in our beleaguered town. All the rules of order have been discarded.”
Coun. Maureen Murphy made the motion to rescind the manual during the Sept. 12 meeting of the new council. Murphy had been a councillor and subsequent mayor of the previous council, and is one of the current councillors Yard has alleged is in a conflict of interest by voting on the motion.
Murphy said Wednesday while she was mayor, she learned the council had been notified by the department that there were items in the manual that could have legal implications for the town.
Murphy said the motion she introduced was accepted unanimously by council.
“The Town of Witless Bay received an email dated October 2016 from the Department of Municipal Affairs which states that council has adopted bylaws, policies and procedures that appear to lack the required legislative authority to impose, or are simply in error,” Murphy said. “Such decisions may expose the town to unnecessary litigation and potential liability.”
Murphy said council was urged by the department to revisit its bylaws, policies and procedures to ensure compliance with the Municipalities Act including subordinate legislation, the Urban and Rural Planning Act and all other applicable legislation.
She said council is now is the process of reviewing the complete manual to ensure it complies with all the legislation before it is adopted again and sent to the department for its review.
“In the meantime the town is still guided by legislation within the Municipalities Act, The Urban and Rural Planning Act and the town plan,” Murphy said. “The town’s rules of order, rules of procedure, code of ethics, harassment policy, etc, were previously adopted before the policy manual was adopted.”
Yard, however, says council did not give the required public notice of its intention to introduce the motion. She said it’s another indication of how the new council wishes to proceed without any accountability to the town’s residents.
“These changes were made without the required notice of motion, and contrary to the regulations of the town, which govern how regulations may be amended,” Yard said. “A number of members of council — perhaps a majority of council — are very clearly in a conflict of interest in relation to a number of these policies.
“The council’s explanation in doing so was that they were acting according to instructions given to them by Municipal Affairs, a surprising position to say the least.”
Yard has accused the Department of Municipal Affairs and Environment of failing to take action to investigate, prevent or punish members of the council who may not be acting in the best interests of the town.
