September 29/05 Report
Special Meeting called by Mayor Di Ianni
Scheduled start time: 2:30 pm Actual start time: 2:40 pm.

Only Mayor Di Ianni was present at 2:30 pm . All councillors were present by 2:40 pm

Also present: Peter Barkwell, Glenn Peace, John Gosgnach, Mario Joannette, Mike Kirkipolous

Media: Eric McGuinness and Andrew Dreschel (Spectator), Ken Mann (CHML), Doug Cameron (K-Lite) CH reporter and CH cameraperson.

CATCH: Don

Mayor Di Ianni called the meeting to order. Thanks councillors "for gathering on very very short notice". Verbal motion moved to suspend the rule that requires 48 hours notice to both councillors and the public of a special council meeting. Carried. Then asks about changes to agenda. None. Motion to approve the agenda. Carried.

Braden asks if approving the agenda means that council is agreeing to go in camera. Di Ianni responds with an explanation of "what I hope the process will be".

Di Ianni : ".this is a personnel matter as well as a matter over which we need some legal advice and we have a city source of it here ready to provide that for us and that's why we would be going into camera - to deal with a personnel issue and one out of which we will also hear some legal advice. Councillor Mitchell has indicated to me that he wants to make a statement before he goes into camera - before we go into camera should we agree with that - and then he will absent himself from the in camera meeting. I believe that that's what the councillor said to me. And then we will deal with the issue as we understand it and out of that we will come into public session. That's the process.

Braden is not convinced this should go into camera but his comments are off-mic.

Bratina : "Can I ask, Mr. Mayor, if we are the personnel, that the councillors are the personnel in question?

Di Ianni : ". This deals with - and I don't think that this is a secret - deals with alleged comments, not the alleged comment. The comment that we read in about in the paper having to do with an allegation of 'obstruction of justice'. And we need to hear from the solicitor about what that means. And then we need to deal with that issue . made the statement.

Bratina : "In matters of personnel. Just tell me now. Am I employed by the city of Hamilton . Am I member of the . Di Ianni : "Good question (Laughter from others)". Bratina : "Is there a difference between councillors and other employees? Di Ianni : "I don't know what technical answer that you want, but this is having to do with a councillor." Braden comment off-mic. Di Ianni : "Mr. Clerk?" Kevin Christenson [city clerk]: "It's an identifiable individual and has to do with personal matters. I would say it's a .." Di Ianni : "Okay?" Merulla : "This whole business has been quite a public event. Aside from the legal advice, what else do we need to discuss in camera?" Di Ianni : "Perhaps, other than the legal advice, we might be able to have that debate on the issue in public, if people so choose, but you need to hear the legal advice, I think."

Mitchell statement: "Mr Mayor and councillor colleagues. I'm sorry I've made some mistakes . In my words yesterday I left an impression about council actions that was not my intention, nor was it appropriate. I apologize for any distress I've caused my councillor colleagues and senior staff as well. I want to make this statement, Mr Mayor, now, and I'm going to leave so that you can so council can deal with this." Mitchell leaves the room.

In camera session began at 2:45 pm. Re-opened to the public at approximately 3:55 pm.

Di Ianni provides explanation to the media and the public: "We went into camera to receive some legal advice on this issue and to also talk about the personnel issue that is before us. Councillor Mitchell, after he made his public statement, rejoined us as well, and Council had a very full and frank discussion about all of the personnel issues that are before us. Councillor Mitchell has now retired to draft a statement on all of the issues that have been publicly talked about and will at some point today issue in some format, those his response, his personal response to the issues that we have had before us. Our council individually or collectively will not have anything further to say until we hear what councillor Mitchell issues at some point. I thank you for your attention and I ask for adjournment." Meeting is adjourned.