NANAIMO — Citing threats made to staff and a need to ensure a safe working environment, City Council formally banned independent recording or media capture at their meetings without prior approval.
The Council Procedure Bylaw Amendment bylaw formally adopted on Monday, April 7 prohibits the use of any device “capable of transmitting and/or recording data or audio”, including cell phones, video cameras, personal computers and tablets, during Council or committee meetings.
It comes in response to consistent disruptions at Council over the last 12 to 18 months, mainly centred around a small handful of people, including one who the City took to court for his comments against a City staff member.
“We have had individuals in these chambers that come and videotape staff and provide commentary using defamatory comments, posting them online to undermine staff, and I’m not going to get into the details of what those were, but it’s completely inappropriate,” Coun. Tyler Brown said.
In addition to the ban on recording, the bylaw also contains more fulsome definitions of inappropriate behaviour during meetings, and limits the display of signage by those in the gallery.
It also partners with a newly amended Respectful Spaces bylaw which addresses conduct not only at meetings but inside City facilities.
The chair of a particular meeting, in most cases the Mayor, can permit the recording or capture of media under certain circumstances, such as award ceremonies or other presentations.
But no provisions exist for journalists to independently record and cover Nanaimo City Council in person, as of yet.
Amendments are expected in the coming weeks after Coun. Paul Manly requested a staff report on accrediting media and independent journalists, allowing them to record
The pending changes left Coun. Hilary Eastmure asking, what’s the rush to adopt an incomplete bylaw?
“I’m interested in passing this bylaw when [the amendment] is included as part of it. We have practices in place where the chair can make sure that the Council chambers are a safe and respectful place as it is, so why not wait until we have included a piece so that it doesn’t look like we are infringing on the rights of journalists to be able to do their job?”
She also raised questions about the management of the bylaw by the City, whether the devices would be allowed at all in the gallery or if they would be required to be left at the door.
Eastmure dubbed the situation “functionally impossible to enforce”.
“It’s another tool in the Chair’s toolbox,” Sheila Gurrie, City director of legislative services told Eastmure. “…when somebody is obviously recording, the Chair can point to the procedure bylaw and that they’re not allowed to be doing so. It’s not no recording devices, it’s not anything like that, it’s just when it’s been used for intimidation purposes,” Gurrie said.
Coun. Ben Geselbracht supported the bylaw, saying the public discourse around City staff has grown to toxic levels.
“I really hope that, not just Council, but the entire community takes a bit more ownership of the type of civility environment that we work in, and call out this type of behaviour and just don’t allow it, don’t allow it to be spread over mediums that nobody has control over.”
Geselbracht, who will chair some City meetings as acting Mayor beginning May 12, said there will be no issues for legitimate media.
“I would like to get this passed now and make it very clear that for journalists in our community, there’s no problem for you to be here, and it’ll be very easy for you even in the interim, while we don’t have the amendment put in, but Council wants to make extra sure that it’s written in stone in our bylaws that there will be no fettering of journalistic freedom of speech in our chambers.”
On Tuesday morning, NanaimoNewsNOW requested standing permission from Mayor Leonard Krog, current acting Mayor Coun. Ian Thorpe, and Geselbracht to attend and record Council and committee meetings in person if required, until such time amendments are adopted by Council.
No response was received by publication time.
The bylaw passed 7-2 with only Coun. Eastmure and Sheryl Armstrong opposed.
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