Essex Council sends formal opposition to expansion of Strong Mayor Powers
Council for the Town of Essex unanimously formally opposed the Province's proposed expansion of Strong Mayor Powers. At the same time, it requested that the proposed amendments to expand Strong Mayor Powers and duties to additional municipalities not include the Town of Essex.
The Clerk will forward a copy of this resolution to Doug Ford, Premier of Ontario, Rob Flack, Minister of Municipal Affairs and Housing, all four Local MPPs, AMCTO, and AMO.
This was a motion Mayor Sherry Bondy brought forward at the April 22 meeting.
The resolution states 'Strong Mayor Powers erode democratic process and have fundamentally altered the historic model of local governance which has existed for almost two centuries.'
The previous week, Council hosted a special meeting, so administration could begin to explain the Strong Mayor Powers that may be expanded to Essex on May 1. At that time, Council passed a resolution to oppose the expansion of the Strong Mayor Powers and asked the expansion not include Essex, presenting the decision to the province through its online portal before the April 16 deadline.
Last week's resolution was more formal.
Since that initial meeting, Joe Malandruccolo, Director of Legal and Legislative Services, noted Town staff has conducted more research.
Even if the Strong Mayor Powers are never used in the municipality, the Town's processes must align with the Province's requirements, Malandruccolo explained.
He noted the Strong Mayor Powers were first introduced in 2022. It was added to the Special Powers and Duties of the Head of Council section in the Municipal Act and Bill 39, the Better Municipal Governance Act.
Currently, 47 municipalities have Strong Mayor Powers. The Province intends to extend that to an additional 169 municipalities, of which the Town of Essex is one.
Strong Mayor Powers fall into three categories; legislative, administrative, and financial powers.
Legislative Powers– which a mayor cannot delegate, but are discretionary powers and a mayor can choose whether or not to use them – provide the opportunity to veto by-laws believed to prohibit Provincial Priorities. By vetoing a by-law, the mayor gives Council the ability to enforce the by-law by a two-third vote. The mayor could also require Council to consider a matter.
After every meeting, the mayor has to approve Council's by-laws. If the Mayor wants to veto a by-law, that is posted within 48-hours of its passing on a webpage dedicated to this. The mayor has 14-days to consider the veto. It then needs to be approved or vetoed. Within 21-days of vetoing a by-law, Council can override the veto with a 2/3rds vote.
The Legislative Powers are connected to the Provincial Priorities: building 1.5M new residential units by December 31, 2031, and constructing and maintaining infrastructure to support housing, including transit, roads, utilities, and servicing.
As such, Malandruccolo said the mayor can bring matters to Council that may advance the Provincial Priorities, and can also bring to Council and require the consideration and vote on by-laws that may advance the Provincial Priorities.
'If the mayor feels there is a matter that needs to be discussed by Council that can bring those priorities forward, or there is a by-law that can be voted on by Council that may advance those priorities, she can bring those to Council and ask Council to vote on them,' Malandruccolo explained, adding if the mayor brings those to Council, only one-third support of Council is needed to pass.
This would not apply to the Procedural By-Law, he noted.
Administrative Powers– which a mayor can delegate – includes the ability to appoint a CAO and to decide how the organizational structure of the Town is set up, dissolve Council-only committees, and appoint the chairperson and vice chairperson of those committees. The mayor can also hire and dismiss employees, excluding the Clerk or Deputy Clerk, Treasurer or Deputy Treasurer, Integrity Commissioner, Ombudsman, or Auditor General, Chief Building Official, and the Fire Chief.
Financial Powers – which a mayor can forfeit – include the duty and responsibility to present a budget by February 1 to Council and to approve the budget. The mayor can direct staff through a written notice earlier in the prior year to prepare the budget.
All Strong Mayor Powers need to be exercised in writing, Malandruccolo added. And, any mayoral decision must be made public on the mayor's website.
If Strong Mayor Powers are extended to Essex May 1, the Town cannot opt-out. They have to be treated as Malandruccolo outlined. The mayor has the discretion to use them or not.
On April 15, Essex Mayor Sherry Bondy met with Town of Essex staff to discuss how she plans to deal with Strong Mayor Powers. If it comes into force, Bondy will delegate the power to establish Council committees and assign their function to Council, as will the power to appoint the Chairperson and Vice Chairperson of those committees.
The power to appoint the CAO would also be delegated to Council.
In addition, Bondy would delegate the power to hire and dismiss division heads to the CAO, in addition to the Town's organizational structure.
The mayor can choose to delegate or revoke a delegation at any time through communication on the Mayor's website.
In the fall, administration will report back with more information about the Strong Mayor Powers if the changes are implemented. Staff will also talk about the budget decision on the Mayor's behalf at that time.
In terms of what happens with Strong Mayor Powers when Council goes 'lame duck' nearing municipal election time, Town staff will meet with the Regional Clerks Association to discuss that, Malandruccolo noted.
'I think the thing that saddens me the most is with talking to fellow colleagues is they are afraid of the Provincial Government for speaking out against this,' Bondy said. 'And that is what really upsets me, because mayors are scared if they are outspoken against this, they will be penalized and their municipalities will be penalized. I think that is the biggest shame and no one is talking about it.'
She views that as a real degradation of democracy.
Councillor Jason Matyi thanked Bondy for speaking out against this and 'showing other mayors how they should be leading.' He hasn't heard anyone support these powers yet.
Deputy Mayor Rob Shepley sent a text to the Premier. He said he received a response.
'I think you can declare your discomfort with this and your dislike of it in a respectful manner,' Shepley said, adding he implores every municipal elected official and residents to send their feelings to the Premier in a respectful way. Shepley noted the Premier has reversed decisions in the past when he hears from the community.
Essex Council received correspondence from seven other municipalities – including Amherstburg, Kingsville, and the County of Essex – which sent letters of opposition in some form or requesting to be removed from the expansion of the Strong Mayor Powers to the Province.
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