Mayor Steve Ferguson told Council this month he will employ his new Strong Mayor powers only in ways that align with established Council procedures.
That doesn’t mean he couldn’t, in an exceptional case, use his enhanced power to reach past Council to honour the municipality’s housing and infrastructure commitments. The new powers give not just the ability, but the obligation.
At Council May 27, interim Clerk Victoria Leskie presented a report on the new powers and related sections of the Ontario Municipal Act, highlighting those places where they have a direct bearing on municipal governance procedures.
She noted the new powers are complex, with implications that will take time to fully implement and understand.
“There’s still a lot that we need to learn about this and how we will be implementing it. There will be more information coming to Council in June and possible changes to our procedural bylaw and other policies.”
For his part, the Mayor stressed “it’s business as usual.”
After some preliminary discussion over a potential new budget process, Mayor Ferguson cut to the chase and said that the budget will remain very much a collaborative process involving staff and Council.
During his ten years at Shire Hall, first as a councillor and as a two-term Mayor, he noted, Council and staff have collaborated to meet many complex challenges and he expects that spirit of collaboration to continue.
“I can’t envision any scenario where Strong Mayor Powers would be used,” the Mayor said.
He added the only time he’s deviated from working collaboratively with Council was when he declared states of emergency in March 2020 for Covid-19, and on December 23, 2022 for a winter storm crisis.
“My intention is that it remains business as usual when it comes to the budget process and I’ve already delegated to Council regarding the CAO and other matters,” he added.
While the Mayor’s comments were meant to reassure, Councillor Roy Pennell noted the Mayor had stopped short of saying he would never use the new powers.
The Councillor asked the Mayor to state publicly he would never employ Strong Mayor Powers. He pointed in particular to upcoming waterworks infrastructure projects the Mayor could approve even if a majority of Council voted against.
The Mayor’s office is mandated by the province to adhere to the legislation.
“Can we get a commitment you will not use them from here until the end of the term?” Councillor Pennell asked.
“I can make that statement but we still don’t know the entire scope of the legislation yet. We are still unravelling this,” said the Mayor.
“That’s what I thought and that’s why we are worried,” the Councillor retorted.
Strong Mayor Powers, which came into effect May 1, cannot be refused by Mayors or Councils, but apply only to prescribed provincial priorities, including the goal of building 1.5 million homes by 2031, and constructing and maintaining infrastructure to support that housing, including transit, roads, utilities, and water servicing.
It’s at the discretion of the Mayor alone, however, to determine whether a particular item or by-law advances or interferes with a provincial priority.
A Strong Mayor may veto legislation if he determines it interferes with a priority. They can also pass a bylaw with just one third of the support of council. Strong Mayors can also delegate authority to the rest of council to appoint or dismiss the CAO. Mayor Ferguson already has taken this step in order to include council in the search for County’s next CAO.
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