Apology-requiring section of council’s procedure by law could be invoked, mayor says

There’s a section in Sarnia’s procedural bylaw requiring council members kicked out of a meeting to apologize before retaking their seat.

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And while no one was kicked out of chambers earlier this week — council instead voted to abruptly adjourn, without passing any bylaws, after Coun. Bill Dennis refused to yield the floor and angrily confronted others on council amid a debate about chamber security — that section could potentially be invoked, Sarnia Mayor Mike Bradley said.

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“When that meeting ended, normally you would expect an apology to restart the meeting again … because that’s what the rules say, that a member cannot re-enter until they’ve apologized for their behavior,” Bradley said about the advice the city has received.

“And a real apology,” he said. “We’re looking at all the options.”

Two tasks are before council, he said.

One is to reconvene to pass the bylaws and finish any other council business left over from March 11. A meeting has been set for Monday at 10:30 am to deal with that, city officials announced Wednesday.

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The other is dealing with conduct issues from Dennis that, Bradley said, have become a problematic pattern.

“We just need to deal with it as a council,” he said, noting the city has been seeking legal advice, and stressing “the rest of council is doing its job and still working hard.”

Dennis, who has threatened to sue Bradley and the city, alleging slander, also has said he plans to run for mayor in 2026.

Dennis, in an interview following the March 11 meeting, said he doesn’t plan to apologize for his conduct at that meeting.

“No way. Not on your life,” he said.

On Thursday, Dennis said the bylaw is “crystal clear,” that the section requiring apologies from members only applies to those who are kicked out of meetings, and that’s not what happened.

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Dennis apologized in October after council cut another meeting shortafter Dennis angrily confronted others on council and members of the public.

Council eventually suspended Dennis’ pay two days because of his actions outside chambers, as recommended by the city’s integrity commissioner.

Bradley, mayor in Sarnia since 1988, has said he can’t recall council ever adjourning early because of a councillor’s behavior before.

The mayor said he’s also never kicked a councilor out of a meeting before.

The March 11 blowup came a little more than an hour after council discussed changes to its procedural bylawrecommended by a citizens’ committee tasked with the job more than a year ago.

Bigger proposed changes — like moving meeting start times at 10 am from 1 pm, argued as a way to make better use of staff time — were dropped by council, before council accepted various language changes.

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Proposals were collectively aimed at making meetings run more efficiently, committee chair Mike Kelch said recently.

Council also voted to keep the existing acting mayor system, where the top four vote-getting councilors each get one year as next in line to chair council meetings if Bradley’s not available, and rejected a recommendation to switch to a previously used rotation system, where every councilor gets a term.

But what got the most attention was a provision asking motions focus exclusively on items directly affecting the municipality.

Doing so wouldn’t preclude discussing broader issues, like other municipalities asking for support on provincial matters, or initiatives from the Association of Municipalities of Ontario, clerk Amy Burkhart clarified.

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Dennis argued including limiting what motions councilors can make is an attack on free speech, and on voters.

Coun. Terry Burrell called it an “over-restriction” and “draconian.”

Coun. Brian White said the idea is to focus on municipal governance issues, and not “federal issue(s) that we have no jurisdiction over.”

There’s a difference between free speech, being protected from governmental persecution, and being able to make motions about anything, Coun. Adam Kilner said.

Council eventually agreed 8-1 — Kilner was opposed — to get rid of the offending clause.

“In the end, you need a seconder and you need majority support (on council) to move forward” with a motion, Bradley said.

“So, I trust the system to do that.”

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All changes council approved are still pending because bylaws at the meeting weren’t passed before adjournment.

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Sarnia’s existing procedure bylaw:

Section 15, conduct of debate, includes (in part):

15.7 No member shall:

(a) Speak disrespectfully of any member of council or any other person.

(b) Use indecent, offensive or insulting language.

(c) Speak to issues of no importance to the question in debate.

15.8 A member who is called to order shall immediately cease to speak. A member persisting in a breach of this bylaw may be ordered to leave the council chamber by the chair.

15.9 No member will be permitted to retake their seat at any meeting after being ordered to leave the council chambers until the member has apologized to council.

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