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Council likely to enter lame-duck period Aug. 19

'To ensure accountable and transparent decision making ... the CAO and city solicitor (must) advise council in writing prior to exercising the delegated authority'
2022-08-12-lameduck
With less than 75 per cent of active council members currently pursuing re-election, council will likely enter a lame-duck period beginning Aug. 19, which will see its authority reduced and transferred to city officials.

City council will likely enter a lame-duck period Aug. 19, following the closure of the nomination period for this fall's municipal election.

Also known as a restricted acts period, council will see certain aspects of its authority reduced and transferred to city officials until the end of the current term on Nov. 15.

As per the Municipal Act, a lame-duck stage arises when it is guaranteed less than 75 per cent of current council members will return following a municipal election, and may apply over two time periods:

  • Between nomination day and election day, from Aug. 19 to Oct. 24
  • Between election day and the end of the term, from Oct. 24 to Nov. 15

With only five of nine active council members currently pursuing re-election, council does not meet the threshold to avoid entering a lame-duck period.

During that time, council may not take the following actions:

  • Appointing or removing from office of any officer of the municipality;
  • Hiring or dismissing any employee of the municipality;
  • Disposing of any real or personal property of the municipality that had a value exceeding $50,000 at the time of disposal
  • Making any expenditures or incurring any other liability that exceeds $50,000.

At a special meeting of council Aug. 12, council delegated authority to the city’s CAO and city solicitor over the course of the lame-duck period.

“To ensure accountable and transparent decision making while exercising authority under this delegation, the CAO and city solicitor shall be required to advise council in writing prior to exercising the delegated authority … and provide a written report to council in the first quarter of 2023 regarding any exercise of the authority delegated,” said Jay Grong, manager of legal and real estate.

“The authority delegated pursuant to the bylaw would only take effect when council is deemed to be in a lame-duck period, in accordance with the (Municipal Act), and will expire when the restricted acts period or lame-duck period is no longer applicable.”

A report noted staff are seeking delegated authority with regard to the disposition of municipal property exceeding $50,000.

“We are actively marketing the Horne Business Park for potential purchasers,” said CAO Gayle Jackson. “To sit back for four months, I’m sure members of council can appreciate the impact that may have on the saleability of any of that land.”

Jackson said requiring two city staff members to sign off on any decisions would help ensure the appropriate course of action is taken.

“Having dual signatures would give council that comfort that absolutely everything has been well taken care of with respect to the sale of any land in the Horne Business Park,” she said.


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Greg McGrath-Goudie

About the Author: Greg McGrath-Goudie

Greg has been with Village Media since 2021, where he has worked as an LJI reporter for CollingwoodToday, and now as a city hall/general assignment reporter for OrilliaMatters
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