Council Declines Funding Enhanced Bylaw Enforcement Until 2023
The plan to move and enhance Bylaw Enforcement from the Planning Department to the control of a new office at City Hall is going to have to wait until next year's budget.
That is what Council decided during Budget deliberations Monday evening.
The proposed plan was part of a restructuring within City Hall by creating two separate City Clerk and City Solicitor positions and associated new department structures under them.
“There are a couple of bylaws we need to enforce that we are not doing a great job with now,” city manager Jim Puffalt said as a major reason for the changes.
Under the plan the reorganization of the City Clerk/Solicitor department sees the position split into two separate positions - City Clerk and City Solicitor.
The City Solicitor would be the Director of Legislative and Enforcement Services a new department which would see the hiring of a manager of enforcement, two bylaw enforcement officers and a support clerk for the unit.
By creating a new department under the City Solicitor the idea is to focus more on bylaw enforcement and the collection of outstanding fines - most notably parking tickets.
Puffalt said the plan was to move towards a summary conviction focus which would see fines issued and any complaints going to the courts for resolution.
By making the changes Puffalt said bylaw enforcement would be “able to spend more time on the street" conducting investigations.
“The change in function will be financed through convictions.”
In the business plan the estimated revenue the changes could bring in is $200,000 in parking tickets and $200,000 in untidy property and business license violations.
Cost to establish the new enhanced bylaw enforcement unit was listed as a one time investment of $81,548.
Puffalt mentioned what happened in North Battleford where he previously served as City Manager they had structured in such a manner and were able to bring in $200,000 annually to finance bylaw enforcement.
MOUNTAIN OF UNPAID PARKING FINES
“We need to do a better job collecting these,” Puffalt said.
Despite the plan to finance the changes through collecting outstanding parking fines Councillor Doug Blanc does not see that happening.
“We can write them (older outstanding parking tickets) off some of them are so old,” Councillor Blanc said, adding “we may be able to get the last year. I am not a lawyer but we are going to be hard pressed to get that (from a judge).”
Councillor Heather Eby asked if the department would actively be out doing collections of unpacked parking fines.
“Perhaps people getting parking tickets do not take it seriously,” Puffalt replied.
He would later say “all parking tickets have to be paid” when asked by Councillor Kim Robinson the impact of not doing a re-organizing this year would have on the collection of outstanding parking fines.
WHICH COMES FIRST CITY SOLICITOR OR THE REORGANIZATION?
Councillor Blanc asked about potentially phasing in changes.
“I am not opposed to having a bylaw enforcement officer but I don't know if we need two right away,” he said.
It is a theme which was picked up by Councillor Dawn Luhning.
“This sounds a little bit rich to me,” Councillor Luhning said. “I would be leaning to the possible phase in.”
Puffalt replied “we would not attempt to try this all at once…it would be Junish when we (would) hire bylaw officers…it would be a necessity.”
Councillor Luhning however was not convinced.
“I would leave not doing any of this until Budget 2023…this is something that can come in the Fall of 2022 and Budget (discussions),” Councillor Luhning said.
Councillor Heather Eby said hiring a new City Solicitor and assistant City Solicitor should be completed first before expanding the enforcement arm beneath them.
“I have highlighted the vacancies (in the department) and it is pretty colourful right now…I am much more concerned about getting a City Solicitor into position.”
Both positions are vacant with the retirement of City Clerk/Solicitor Myron Gulka-Teichko and the resignation of assistant city solicitor Katelyn Soltys (who later City Solicitor/Director of Legislative and Enforcement Services from July 2021- November 2021).
SEE RELATED - Loss Of In-House Solicitor Stalls Reorganization Plans
Finance Director Brian Acker pointed out the full budget impact would not be felt until 2023 but funding approval this year would allow the enforcement portion of the reorganization to get underway.
“It will allow us to get started with it in September but in 2023 you will see the full (budget) impact,” Acker said.
Councillor Crystal Froese said she liked the idea but wondered if proceeding this year was prudent.
“I think it is a pretty good idea. It makes perfect sense,” Councillor Froese said, adding “I just don't see this department set up and ready for this.”
Councillor Eby agreed.
“I like the idea, I like how it looks but I think we have so much work to do in that department right now,” she said.
Councillor Jamey Logan also opted for having the top end of the new department in place first before fleshing out the bottom end.
“I would like to see the (City) Solicitor and the Clerk (in place)…right now we need to fill these positions,” Councillor Logan said.
LONE SUPPORTER
Councillor Kim Robinson said he supported Administration to start the reorganization now.
“I would support this and I think Administration has a plan here,” Councillor Robinson said. “It looks like they have a plan here.”
In the end though Council voted 5 - 1 against spending the money this year passing a motion to receive and file the initiative until Operating Budget discussions in 2023.
Councillor Robinson was the lone voice opposing shelving the incident until next year's budget. Mayor Clive Tolley was absent.
It also should be noted as the 2022 operating budget is not yet approved and finalized Council could still reverse the decision.