Meaford council made provisions Monday night that are intended to ensure that it can be 'business as usual' at the municipal office as the municipal election approaches and through to the transition to the newly elected council.
Ontario's Municipal Act limits the ability of municipal councils to make some decisions prior to an election. Commonly referred to as “Lame Duck” provisions, the rules kick in on September 10 which is also the deadline for candidate nominations, and can remain in effect until the new council term begins in December.
Whether the provisions are utilized depends on how many existing members of council file nomination papers for the upcoming election, and also on how many of those are successfully elected.
If less than 75 percent of the current council members file nomination papers to seek re-election then the Lame Duck provisions will take effect on September 10. If on October 26- the day after the election- less than 75 percent of the previous council is re-elected then the provisions will be utilized until the new council is sworn in.
Meaford has a seven member council, which means that 6 members (the calculation used rounds up) must run and be elected in order to avoid implementation of the Lame Duck provisions. As of publication only four members of the current council have filed nomination papers for the upcoming election. With Councillor's Shortt and Greenfield currently both seeking the Deputy Mayor post, at this time there is only potential for three members of the current council to be elected on October 25.
According to the report submitted to council by Fettes, in the event “lame duck” provisions were to kick in, the following actions would be prohibited by Council under Section 275 of the MunicipalAct:
a) the appointment or removal from office of any officer of the Municipality;
b) the hiring or dismissal of any employee of the Municipality;
c) the disposition of any real or personal property of the Municipality which has a value
exceeding $50,000.00 at the time of disposal; and
d) making any expenditures or incurring any other liability which exceeds $50,000.00.
The CAO already has the authority as outlined in his job description to hire hire and dismiss staff, so the bylaw passed by council on Monday night was intended to address the potential sale of property*.
What this means for the municipality is that the CAO Frank Miele has been given authority to make those decisions that would otherwise normally come before council.
If the provisions are triggered, the CAO will have the authority for example to negotiate the sale of the former fire hall on Stewart Street which has been on the market for some time.
All members of council present at the Monday council meeting supported the bylaw.
*Editor's note: Pam Fettes Clerk for the municipality of Meaford contacted TMI to clarify that the bylaw passed by council dealt only with item 'C' listed above- the disposition of property- and did not assign authority to the CAO for large expenditures as was originally reported in this article. We apologise for any confusion, and appreciate the Clerk contacting us to clarify.
