File photo (image credit - CFJC Today)

By Mel Rothenburger

ARMCHAIR MAYOR

ROTHENBURGER: Council members try to legislate each other’s behaviour again

Nov 22, 2023 | 5:55 AM

THE TALE OF THE TAPE came to its conclusion yesterday as Kamloops City council approved a new policy prohibiting its members from recording conversations with staff unless they have permission .

It even prohibits recording conversations with members of the public about City matters unless the person gives permission. And, council members can’t have a conversation with staff while a third party is present, either — unless everybody involved knows about it.

The policy came about, of course, because Mayor Reid Hamer-Jackson’s wife taped a phone conversation between him and CAO David Trawin while the Hamer-Jacksons were driving.

The mayor pointed out yesterday that the Criminal Code allows us to record conversations without the other person knowing. It’s known as the “one party consent” rule.

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He also said it’s common for reporters to tape conversations with sources and not tell them. Maybe it’s become common but it shouldn’t be. Out of courtesy, a reporter should always tell the person on the other end of the line when an interview is being recorded. People talk differently.

So, at worst, the mayor’s case was a single breach of etiquette.

The premise of the new policy — that it’s to protect people from bullying — is faulty (how is it bullying to do something the other person doesn’t even know you’re doing?) Common sense suggests it could easily be challenged — when the Criminal Code says only one party has to consent, a policy requiring the consent of all parties is clearly in conflict with that.

It’s not unprecedented, however. Lawyers, for example, aren’t supposed to record people unless they know about it. It’s in their code of conduct so I guess the council policy is kind of the same. Why, though, does every disagreement among this council seem to end up with another prohibition of some kind?

This latest attempt at legislating each other’s behaviour is just further evidence that they’re incapable of getting along like normal people.

I’m Mel Rothenburger, the Armchair Mayor.

Mel Rothenburger is a regular contributor to CFJC Today, publishes the ArmchairMayor.ca opinion website, and is a recipient of the Jack Webster Foundation Lifetime Achievement Award. He has served as mayor of Kamloops, school board chair and TNRD director, and is a retired daily newspaper editor. He can be reached at mrothenburger@armchairmayor.ca.

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Editor’s Note: This opinion piece reflects the views of its author, and does not necessarily represent the views of CFJC Today or Pattison Media.