In an article dated November 9, 2011 the Nanaimo Daily News reports that the Occupy Nanaimo protesters say they won't leave downtown plaza.
The focus of the story was a notice the occupiers had received under the direction of city hall manager Al Kenning and served by the RCMP requesting the occupiers vacate the plaza as they are in contravention of several city bylaws.
The story says that Mayor Ruttan was surprised by the notice and went to speak to the occupiers. Ruttan is quoted in the article as saying "Some assumed it was an eviction notice ....... I just wanted to clarify the intent of the notice". Ruttan said he had not been informed about the notice and went to the plaza to promise occupiers they would be involved with the process.
The article states that Ruttan's visit headed off a planned protest march planned for 3:00 pm in front of city hall.
The article closed by quoting the Mayor as saying: "It's not really our timetable but rather the timetable of the people occupying Diana Krall Plaza."
Mayor Responds To My Question
When I read this article, taking it's accuracy on faith I published a response on this website in which I expressed my concerns about the lack of leadership this action demonstrates and further pointed to the problems associated with not requiring the occupiers to obey the law. I predicted this lack of leadership could very well result in attracting other 'occupiers' from afar who could feel free to move into our parks and set up their 'occupations'.
I asked the Mayor for a clarification of the Daily News report and his response contradicts what was reported in the newspaper report I had read online.
Follows is a direct quote from the written response I received from Mayor Ruttan. You will notice his version of events are very different from the Daily article. The mayor says his visit was BEFORE the notice had been delivered, in fact the day before, whereas the Daily report would make it appear he went AFTER the notice had been delivered.
The Daily report says basically the occupiers can stay as long as they want, which is not what the Mayor said to me in his reply.
Mayor Ruttan's reply:
"You
are confusing two issues. On Tuesday of this week, I visited “Occupy Nanaimo” at
their request and was asked what the City of Nanaimo position was as a result of
actions taking place in Victoria and Vancouver. My response was that before any
new action was initiated, I would hold a meeting with them and explain the
action in advance. Early the next morning, the RCMP and City Bylaw started
distributing summaries of our bylaws and explained that they were not in
compliance on several matters. These notices were distributed before staff had
the opportunity to inform Mayor and Council.
This
in no way changes the intent on our part to provide the occupiers with written
notice that our existing bylaws were not being respected. Let me be clear on
this, the occupiers will have to leave at some point and accordingly, It is
important that reasonable notice be provided to them in advance so that
subsequent actions are not unexpected."
There clearly is a disconnect between the two accounts of events, which would mean that either the Daily News account is not correct or the Mayor's recollection of events is fautly. You can read the Daily News article online using this link.
Jim: Here is City Manager Kenning's Release to the Media, dated November 9th, (Wednesday). It is posted on City's website.
ReplyDeleteKenning states: "The written notification was delivered this morning at approximately 9am by
members of the RCMP." [that was Wednesday].
The "written notification" that Kenning refers to, appeared to me to be just a list of the sections of the Bylaw that the City was referring to and I took it as a "gentle" Information to the occupiers and I personally agree with this stance.
Note the final statement as follows: "Any subsequent actions, such as final notice and/or eviction are at the direction of City Council."
FOR IMMEDIATE RELEASE
Date: November 9th, 2011
To: The Media
Information Notice Delivered to Occupy Nanaimo Protestors by City of Nanaimo
The City of Nanaimo fully supports the right to freedom of expression. Since the
occupation of Diana Krall plaza, city staff and the RCMP have actively participated in discussions with protestors while verbally notifying them of the
various segments of the bylaw being contravened as a result of this occupation.
This verbal notification of contravention is now being followed up with written
notification.
The written notification was delivered this morning at approximately 9am by
members of the RCMP. The notice advised of Park Bylaw No 7073 and the various sections in contravention as a result of their occupation in the plaza.
In addition, the Information Notice requests that the Occupy Nanaimo protestors remove all tents and shelters while advising of established facilities in the
community where displaced protestors can seek shelter. These shelters include the New Hope Centre, The Samaratin House and the First Unitarian Fellowship
Church.
The notice delivered to the protestors today provides written confirmation of previous verbal notification and is not a formal notice of eviction. Any subsequent actions, such as final notice and/or eviction are at the direction of City Council.
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For more information contact City Manager, Al Kenning, 250‐755‐4410