Council to tell province it opposes strong mayor powers

By Sharon Harrison
“I cannot see any reason why any of the strong mayor powers would be used, and it’s safe to say that it’s my intention that this remains business as usual,” said County mayor Steve Ferguson.

The meaning, details. some implications and processes of strong mayor powers, as they relate to Prince Edward County, were outlined at Tuesday’s regular council meeting.

“The announcement that 169 municipalities, including ours, would be given strong mayor powers came right out of the blue; they were neither requested nor expected,” Ferguson said.
“Throughout my 10 years as an elected official, council and staff have worked together to deal with the many complex issues that we have had to confront and I expect that to remain the case going forward.”

A resolution brought forward by councillor Corey Engelsdorfer seeking council’s support in opposition to the strong mayor powers legislation received unanimous approval by council in a 13-0 recorded vote (councillor Braney was absent).

It included a formal request to the Ontario premier to recommit to the meaning and spirit of democracy and rescind the strong mayor legislation.

The resolution outlined how the strong mayor powers could significantly alter the balance of governance at the municipal level, undermining the role of a council in decision-making and weakening the fundamental democratic principle of majority rule.

“Strong mayor legislation violates the principles and meaning of democracy, and local governance has, for generations, been built upon a foundation of shared, democratic decision-making,” notes the resolution.

Speaking to his resolution, Engelsdorfer said he wanted to be really clear, “This resolution isn’t personal; it isn’t about mayor Ferguson, it’s about the proper role and purpose of this council, it’s about unilaterally changing the terms upon which local government was elected, and it’s about democracy”.

While strong mayor powers were first introduced by the province in 2022, and expanded in 2023, it was in this latest expansion that a further 169 municipalities were added, including the County, effective May 1.

The granting of strong mayor powers has been identified by the province as a means to help advance infrastructure that will help move forward development of new homes. This aligns with the County’s strategic plan whose objective is “to ensure adequate stock of affordable and attainable housing in Prince Edward County”.

In her report to council, intended for information purposes only, municipal clerk, Victoria Leskie, detailed an overview and provided analysis of the strong mayor powers and what they mean when it comes to the running and the operation of the municipality.

“This is an overview report of it and it talks about various powers and the implications for us and there will be more information coming to you in June, with possibly changes to our procedural bylaw, and possibly other policies.”

Speaking specifically to changes to how the budget is dealt with and expressing concern, councillor Brad Nieman clarified whether it is the mayor who will be preparing the budget, to be done by February 1, with council just looking at it.

Leskie confirmed that the mayor must prepare the budget no later than February 1, adding that the mayor can also direct staff.

“Although the mayor will be working with staff, I think the process will probably continue not too differently than it is right now,” said Leskie.

She outlined that once the budget is presented by council, they have 30 days to pass amendments to the budget. However, the mayor can veto budget amendments, and there is also a council override of the amendments. “That is not to say that is how it will happen, that is how the legislation is laid out.”

Ferguson said that while they are still working through the complicated legislation, he said staff are to be directed to bring forward the budget, “not me doing budget”.

“For 10 years, the budget meant, on my time on council, has been a collaborative process and it will remain the same,” confirmed Ferguson, “We are just trying to figure out how do you do that.”

“I am totally confident that mayor Ferguson will not use these powers in a detrimental way,” expressed councillor Janice Maynard. “My concern is with who might come with future mayors; I have absolute faith that our current mayor will not abuse the powers.”

The new powers granted to the mayor (greater depth can be found at the end of this article) include:

– Power to hire, dismiss or exercise any other prescribed employment powers of various senior managers, including the chief administrative officer (CAO) and various heads of any part of the organizational structure;

-Proposing and adopting the municipality’s annual budget subject to council amendments, a mayoral veto, and a council override process;

-Power to determine the organizational structure of the municipality;

-Ability to require council to consider a matter at a meeting;

-Power to establish or dissolve prescribed committees;

-Ability to require council to consider and vote on a bylaw at a meeting;

-Power to appoint chairs and vice-chairs of prescribed committees and local boards;

-Authority to direct employees to undertake research and provide advice to the mayor and the municipality, in certain circumstances, and to carry out duties to implement those decisions;

-Ability to veto certain bylaws passed by council.

As part of the transition to a strong mayor governance system, Leskie notes the municipal act stipulates that all staff positions and committee chair appointments remain in place until such time as the mayor issues a decision to the contrary.

“This means that all staff currently leading organizational units in the organization, as well as all committee chairs appointed by council, remain in place until or unless the mayor issues a decision to the contrary.”

Mayoral decisions and directions made under the municipal act must be in writing and copies must be circulated to council, where it is noted such document are public documents and as such will be posted in a new section on the County’s website.

“The public posting of mayoral decisions and directions will be accomplished in a transparent manner, by posting them on a dedicated page on the municipal website (except for those which are privileged or otherwise non-public),”notes Leskie.

“Staff are working to understand the impact of the legislation and developing processes to ensure compliance,” she added.

The municipal act stipulates that the exercise of the new mayoral powers and authorities “shall not be quashed or open to review by a court because of the supposed unreasonableness of the decision if the decision was exercised legally and in good faith”.

Councillor Kate MacNaughton noted how many of the clauses are contrary to the procedural bylaw and asked about a situation to waive the procedural bylaw, but Leskie confirmed the procedural bylaw would not over-ride provincial legislation.

Councillor Roy Pennell called the strong mayor powers a “monster”.

“A big part of the problem is it has the potential of being a dictatorship with the province initiating this, and it’s very scary,” said Pennell.

Pennell challenged Ferguson to provide a commitment here and now that the mayor will not exercise strong mayor powers from now until the end of this term.

“I can make that statement, but I don’t know what situations may arise that are not anticipated,” Ferguson said, where Leskie added that the municipality is still obliged to comply with the legislation.

A question from councillor Sam Grosso asked if it would change anything if a new mayor came in, especially if a new mayor wanted to accept the powers. Leskie confirmed a new mayor would have the same choices, and could use all of the powers, saying the mayor automatically has the powers.

She reminded that it is also important to know that the mayor cannot refuse the powers. Some of the powers (four of them), which can be delegated, have been delegated, she said.

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Details on the new powers granted to the mayor (listed above), with comments and analysis by Victoria Leskie (municipal clerk) are provided below:

ORGANIZATIONAL STRUCTURE/EMPLOYMENT
Power to determine the organizational structure of the municipality, including power to hire, dismiss or exercise any other prescribed employment powers of various senior managers, including the chief administrative officer and various heads of any part of the organizational structure.

“This power includes employment powers to hire and dismiss the head of any organizational unit within the municipality. This authority rests solely with the mayor, but can be delegated to council or the CAO.”

The employment powers do not extend to statutory municipal officers, including the clerk and deputy clerk, treasurer and deputy treasurer, chief building official, fire chief, and integrity commissioner.

Note: The mayor has recently delegated employment powers to the CAO, but has retained the determination of organizational structure.

BUDGET – POWERS AND DUTIES
Proposing and adopting the municipality’s annual budget subject to council amendments, a mayoral veto, and a council override process.

The municipal act outlines a statutory process for the approval of municipal budgets beginning with the presentation of the mayor’s proposed budget, amendment of the proposed budget by council, veto of amendments by the mayor and override of vetoes by council.

“The mayor must, by February 1 of each year, prepare and propose a municipal budget to council for consideration. The authority to prepare and propose the municipal budget rests solely with the mayor and cannot be delegated to council or staff. The mayor may, however, issue a mayoral direction to municipal staff regarding the preparation of the budget.”

However, from a financial governance perspective, the treasurer continues to hold statutory responsibilities, including ensuring the financial integrity of the municipality and providing objective financial advice.

“While the mayor controls the budget initiation and adoption process, the finance and information technology department remains responsible for preparing the underlying budget materials, such as financial forecasts, capital plans, and service level assessments, in accordance with the mayor’s direction.”

After receiving the mayor’s proposed budget, council has 30 days to meet and pass amendments to the budget.

“Staff are actively working to assess the impacts on the budget process and remain committed to securing budget approval by early December, as planned, to preserve a competitive edge in the marketplace,” states Leskie. “Additional information regarding the budget process will be shared as the implications become clearer.”

Leskie notes that the clerk’s office are reviewing bylaws and other governing documents that need to be updated and will undertake the work based on those which are most urgent first.

“Staff require more time to understand best practices and options, and more information about impacts to the budget process will be shared with council before the end of June,” she notes.

MEETINGS
Ability to require council to consider a matter at a meeting.

Contrary to the municipality’s procedural bylaw, the municipal act grants the mayor authority to introduce a matter for council’s consideration at a meeting if the mayor is of the opinion the matter could potentially advance a prescribe provincial priority.

Council is required to consider a matter put forward by the mayor, but is not required to vote on it. A regular 50 percent plus one majority is required to approve a matter put forward by the mayor. This means the regular notice provisions included in the procedural bylaw do not apply to matters introduced by the mayor. Matters could be introduced by the mayor shortly before or at a meeting without breaching procedural or legislative requirements.

ESTABLISHING/DISSOLVING COMMITTEES
The mayor has authority to establish or dissolve committees, appoint chairs and vice-chairs of committees and assign functions to committees (committees are defined as every member is also a member of council).

Such committees include committee of the whole, planning and development committee, and nominating committee. Advisory committees are not impacted by these new powers.

Note: The mayor indicates he intends to delegate these powers to council.

APPOINTING PRESCRIBED COMMITTEES
Power to appoint chairs and vice-chairs of prescribed committees and local boards.

“To date, no local boards have been prescribed and this power remains dormant. The minister of municipal affairs and housing, through an O. Reg. update, may at anytime identify specific local boards to which this power applies. This authority rests solely with the mayor, but (if/when applicable) can be delegated to council through a mayoral decision.”

DIRECTING MUNICIPAL EMPLOYEES
Authority to direct employees (municipal staff) to undertake research and provide advice to the mayor and the municipality, in certain circumstances, and to carry out duties to implement those decisions.

“In practice, this means the mayor can direct staff with regards to any authority or power granted to the mayor as part of the strong mayor legislation. This could include, as examples, direction to the clerk to undertake research and provide advice regarding the use of the mayoral veto power related to bylaws, or direction to the treasurer to prepare the municipal budget in accordance with specific requirements.”

VOTING ON BYLAWS
Ability to require council to consider and vote on a bylaw at a meeting.

Contrary to the municipality’s procedural bylaw, the mayor has the authority to introduce a bylaw for council’s consideration at a meeting if the mayor is of the opinion that the matter could potentially advance a prescribed provincial priority.

“Council is required to consider and vote on a bylaw put forward by the mayor… and requires more than one-third of council to vote in favour for it to be approved. This means a bylaw proposed by the mayor requires five votes in favour at a council meeting in order to be adopted.”

APPROVAL OF BYLAWS, VETO POWERS AND COUNCIL OVER-RIDE
Approval of bylaws, veto powers and council over-ride of mayoral vetoes contrary to the municipality’s procedural bylaw grants the mayor authority to veto a bylaw if the mayor is of the opinion that all or part of the bylaw could potentially interfere with a prescribed provincial priority.

“This section also requires that the mayor provide written approval for every bylaw passed by council within 48 hours of its passing and establishes a process through which council may override a mayoral veto.”

Mayoral approval of bylaws requires the mayor approve in writing all bylaws passed by council within 48 hours.

“The purpose of this approval is to differentiate between bylaws which have received mayoral approval from those which have been vetoed. The legislation in effect forces the mayor, within 48 hours of a bylaw passing at a council meeting, to either approve the bylaw in writing; veto the bylaw (which opens a 14-day window), or indicate a notice of intention to consider vetoing the by-law.”

CAO POWERS
Powers regarding the CAO grants the mayor the authority to hire and dismiss the CAO.

“This authority rests solely with the mayor, but can be delegated by the mayor to council through a mayoral decision.

Note: The mayor has recently delegated these powers to council.

HEAD OF COUNCIL VACANCY
A vacancy in the office of mayor that occurs during a term of office is to be filled through a by-election unless it occurs after March 31 in an election year. Previously, council could choose between a by-election or an appointment to fill the vacant role of mayor during a term of office.