-Community Charter trumps Robert's Rules: expert-

OSOYOOS TIMES-September 10, 2008-

By Chad IngramrnOsoyoos Times

A Vancouver-based expert in municipal law has described the course taken by the Regional District Okanagan-Similkameen (RDOS) board in approving the Willow Beach Resort project as very interesting.
While the proposal for the 1,088-unit housing development was voted down by RDOS rural directors twice at an Aug. 7 RDOS meeting, it was approved at the succeeding meeting on Aug. 21 without being revised or amended.
I've never seen this happen, said Jonathan Baker, a former Vancouver city councillor and lawyer specializing in municipal law.
RDOS Chair Dan Ashton invoked Section 131 of the B.C. Community Charter when he brought the motion, which had been voted down once, back to the table for reconsideration at the Aug. 7 meeting.
That section of the charter stipulates that the chair can only enact his power of reconsideration once, either at the same meeting as the original motion was considered or within the following 30 days.
(Ashton) doesn't seem to have another chance, Baker said. He blew it. He has no other power to bring about another consideration.
The fourth clause of Section 131 reads that, If the original decision was the adoption of a bylaw or resolution and that decision is rejected upon reconsideration, the bylaw or resolution is of no effect and is deemed to be repealed.
Baker said in his interpretation, it means (the proposal) would go to a public hearing again.
However, RDOS staff said the district's legal counsel were consulted and they said the proposal was able to be passed at the Aug. 21 meeting by enacting an RDOS Procedure Bylaw 1968.
This bylaw refers to Robert's Rules of Order, said RDOS Chief Administrative Officer Bill Newell, adding that under Robert's Rules, a new meeting is considered a new session and that in a new session, a board has the right to renew a motion that was disposed of in a previous meeting without adoption.
What our legal counsel was looking at was the difference between a session and a meeting, Newell said in a Sept. 8 telephone interview. From our corporate position, that part of the debate is behind us now.
However, Baker said the B.C. Community Charter should override Robert's Rules of Order and certainly any regional bylaws.
I'm not saying they can't be right, but I would imagine the B.C. Community Charter would take precedent over Robert's Rules of Order, he said. It's the Ten Commandments.
It comes from God.
reporter@osoyoostimes.com