I was shocked to find out that the rights many Albertans assume they have, in reality don’t. Further more, it’s like the big secret that government does not want you to know, given the time and efforts this citizen has taken to find the answer to a simple question in passing; Can I audio record the open meetings?

I received a lot of advice, comments and support from friends, acquaintances, journalists and yes even council members, regarding audio recording city council meetings. Thanks, they were much appreciated! The problem was that the friends, acquaintances and journalists perception of the law was not jiving at all with the politicians and city administration stance.

So it was time to do my own homework. I got a hold of a copy of Alberta’s Municipal Government Act (AMGA) and started digging. I was really surprised albeit disappointed as to what I found about the rules set out regarding public meetings and passing a bylaw.

In section 187(5) of the (AMGA) states that: “Only the title or identifying number has to be read at each reading”. Apparently there are only certain bylaws that must have a title and the contents available to the public prior to passing, and procedural bylaws such as Bylaw C-715-09 is not one of them.

Wow, seems like a city council can do just about what ever it wants without public scrutiny until after the bylaw has come into force if it chooses to do so.

In section 198 of the (AMGA) states that: “Everyone has a right to be present at council meetings and council committee meetings conducted in public unless the person chairing the meeting expels a person for improper conduct.”

That’s it, no other guidance at all regarding whether the public is allowed to record council meetings. So believing that I must have missed something I called the Municipal Affairs Office and posed the question of recording council meetings to a refreshingly helpful and open advisor.

In ten short minutes he clarified the issue for me. Why could not one of the City Administration or Council Members give me that answer? I assume a least one of them should be versed in this stuff.

But I digress. His response was that the AMGA is silent when it comes to the issue of recording open council meetings, leaving this matter up to each individual city council. Wow, what a revelation. He also suggested that a bylaw may not have been necessary and that a policy would have also achieved the same results.

Accepting and abiding by this is Law is our responsibility, but acceptance and compliance does not revoke any citizen’s right to question his elected officials to the fairness and potential injustices that this legislation opens up.

Here are some of my thoughts on this.

Residents of Edmonton, St. Albert, Calgary and other cities where recording of city council meetings are allowed, enjoy a more open and transparent municipal government than we do in Spruce Grove because our elected officials having the lawful right to allow or not allow recordings and have chosen not to. Not sure how that’s fair?

Spruce Grove law makers have chosen to relinquish the power as to which citizens have the right/privilege to record council meetings to this City Manager and to all City Managers in the future.

Since there were no criteria dictated in the bylaw that would guide the administrator as to who not will and will not receive these privileges, we can only assume it can be for any reason what so ever. It seems plausible that if the City Manager does not like your looks, color of hair or your accent, he has the authority to revoke this privilege/right and not even having to give a reason. There are potential dangers it this situation it seems to me.

There are many questions that seem to be sprouting when time is taken to consider this issue. How it affects our Rights and Freedoms? Why it has taken over two months to not get an answer? Why each of our Council Members voted for this Bylaw? What are they afraid of? And even to our Provincial Government’s lack of direction allowing these issues to fester in the first place, but I will save all this for a later. More to come…