Essex County municipalities unanimous against strong-mayor powers to be enacted May 1

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All seven municipalities in Essex County have either formally or informally rejected the imposition of strong-mayor powers by Municipal Affairs and Housing Minister Rob Flack. 

The Town of Essex held a special council meeting Monday, Tecumseh held a special meeting on Tuesday, while Kingsville and Amherstburg dealt with the issue at their regularly scheduled meetings this week. LaSalle and Lakeshore did not meet to discuss the issue and instead referred to statements the two towns’ mayors issued last week. Leamington Mayor Hilda MacDonald responded Tuesday with an email to the minister outlining her position. 

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In Windsor, where Mayor Drew Dilkens has wielded his strong mayor powers, Ward 9 Coun. Kieran McKenzie’s notice of motion to oppose the move to grant 169 more municipalities in Ontario strong-mayor powers and to remove them from Windsor was to be discussed Monday, but instead will be considered April. 28.

Toronto and Ottawa were given strong mayor powers in 2022, while other cities, including Windsor, were granted the powers the following year.

Regardless, the strong mayor powers are set to become law on May 1. All municipalities whose councils have at least six members are being granted strong-mayor powers. 

In issuing his letter April 9 to the 169 municipalities, addressed to “Dear Head of Council,” Flack gave municipalities until April 16 to respond, a condensed timeframe that irked many municipal politicians, prompting Amherstburg Coun. Peter Courtney to say the province was attempting to “shove it down our throat.” 

“We have seen strong mayors put these transformative powers into action to support growth,” Flack said in his letter. “Our government’s expectation is that you will make use of these powers in a similar way, supporting provincial priorities that will help our province and our communities grow.” 

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Flack wants the newly named municipalities to use the strong mayor powers to advance the province’s priorities, which include building 1.5 million new residential units by the end of 2031 and constructing and maintaining infrastructure to support housing, including transit, roads, utilities and servicing.

Throughout Essex County, the response from municipal officials has ranged from trepidation to exasperation. 

Municipal officials voiced a series of concerns, including undermining the value of a long history of collaboration, invoking those powers precludes shared decision-making, they introduce divisiveness at council, they are not democratic, they do not guarantee input from councillors with different visions, and they underestimate the value of building consensus. 

All county municipalities that voted on the issue unanimously requested to be excluded from expansion of strong-mayor powers.  

Essex Mayor Sherry Bondy introduced a resolution Monday to provide immediate feedback to the ministry through a portal set up for response, arguing the province is “undermining the local governance model and municipal independence by attempting to advance its priorities and download its responsibilities to municipalities through strong-mayor powers.”

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The resolution also said strong-mayor powers “erode the democratic process” and create “a power imbalance by providing the head of council with special powers that other members generally do not have.” 

She called strong-mayor powers an “erosion of democracy on a grand scale.”

Essex council will prepare a plan on how to address the strong-mayor powers on April 22. 

In Kingsville, Mayor Dennis Rogers issued a video statement on social media April 11 saying strong-mayor powers are “too much power for one person.” 

While he vowed not to wield the powers, he wondered whether a future mayor would face such constraints. 

At its regular meeting Monday, Kingsville Coun. Tony Gaffan introduced a motion similar to the one passed by the Town of Essex, requesting strong mayor powers not be extended to the Town of Kingsville. 

“This is not a tool in the toolbox that should ever exist,” Gaffan said. 

Deputy Mayor Kimberley DeYong said she expects virtually all municipalities will oppose the powers. “I would expect 169 resolutions of opposition coming forward to Doug Ford. I’m not sure he cares what we think,” she said, adding that he has backtracked on issues before. 

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Coun. Thomas Neufeld, while supporting the motion to oppose the powers, wondered whether, given unpredictability in issues recently, going back to the COVID-19 pandemic, there may be a time when strong mayor powers would be needed. 

“That is a tool in a toolbox that could potentially be used for the betterment of Kingsville,” he said. 

At a special meeting Tuesday, Tecumseh Mayor Gary McNamara said, “we need to continue to work collaboratively together to find consensus on delivering for our citizens in the community.”

“There’s a lot of pieces to this legislation that I can’t put my head around.” 

Amherstburg Mayor Michael Prue told councillors at the town council’s meeting Monday that the speed of which the powers are being rolled out and the limited time for councils to respond meant the decision was already in place. “I think it’s all cooked in advance,” Prue said. “I think that this is, as far as the province is concerned, a done deal.” 

Prue said he vowed during the last election that he wouldn’t use strong-mayor powers if they were introduced, but he too wondered about who would be in his position one day and whether a future mayor would take the same approach. 

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Leamington Mayor and Essex County Warden Hilda MacDonald sent an email to the housing ministry expressing her concerns after discussing the issue with some councillors. She opposes the expansion of strong-mayor powers, and the lack of opportunity for consultation. 

“I sent council my intention and asked them to let me know if they had any issue with it,” MacDonald said. “I felt it was the mayor’s decision, and I felt if council disagreed with me, they’d let me know.” 

She pointed to the unanimity of municipalities in the county against the strong-mayor powers as a measure of the strength of the opposition. 

“I can see that it seems to be right across the province …  this kind of reaction,” MacDonald said. 

LaSalle Mayor Crystal Meloche told the Star in an email last week “this is not a tool I intend to use.” 

She said the diversity of thought among councillors “makes our decisions stronger and has helped build a sense of trust both among council and within our community.” 

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Lakeshore Mayor Tracey Bailey, in a statement issued last week, said “council members aren’t obstacles to be overcome, they are a critical part of governance.” 

What do strong mayors do?

Essex and Amherstburg councillors were given an explanation of how strong-mayor powers work before they voted on resolutions to oppose them this week, but there are still areas that are unclear, even to those explaining them.

In Essex, Joseph Malandruccolo, director of legal and legislative services, explained to councillors Monday that some strong-mayor powers can be delegated, some can be forfeited and some “the mayor has to accept.”   

Under provincial legislation, the mayor must bring to council and ensure a vote on matters that advance the province’s priorities, which can be approved with just one third of council. Within two days, the mayor must veto any bylaws that interfere with the province’s priorities. Council can override the veto with a two-thirds vote.  

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Those priorities include building 1.5 million residential units in Ontario by the end of 2031 and constructing and maintaining infrastructure to support housing, including transit, roads, utilities and servicing,   

The mayor can wield or delegate to council the new powers to hire and fire the  
CAO and division heads (with some exceptions), determine the organizational structure, establish committees, assign their functions and appoint chairs and vice-chairs of certain committees.  

Powers that cannot be delegated, but can be forfeited, include preparing a budget, vetoing amendments made by council, and to introduce “in-year” amendments if a supplementary tax levy is required. 

Coun. Katie McGuire-Blaise wondered whether the strong-mayor could appoint council or members of council to fire a CAO, but Malandruccolo said some of the procedures are still unclear and he plans to respond when council takes up the issue again April 22. 

Responding to a question by deputy mayor Rob Shepley on whether one-third of council could approve major developments in Colchester even if the mayor disagrees, Malandruccolo said he wasn’t sure if that situation could occur, but an interpretation of the powers would indicate the issue would have to be introduced to council to vote and that one third of council could indeed pass that motion, whereas traditionally a majority would be needed. 

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Since provincial priorities involve building more housing, an affirmative vote could not be vetoed by the mayor, Malandruccolo said. 

Bondy pointed out that if a developer wanted to build a 10-storey building in Colchester, where major development proposals are controversial, one-third of council could approve the building even if the mayor is opposed.  

“That is to me, not strong mayor, that is not democratic at all,” she said. 

Malandruccolo said he is still seeking clarification on some provisions of the strong-mayor powers, but he said Bondy’s interpretation is likely correct. 

Deputy mayor Rob Shepley said strong-mayor powers “opens the door for corruption.”  

He said he discussed the issue with Premier Doug Ford who “didn’t see things the way I see it. I think that’s just a real travesty,” said Shepley. 

Tecumseh council, which held a special meeting Tuesday, heard from Robert Auger, director of legal services. 

A veto can be used when the mayor is of the opinion that all or part of a bylaw could potentially interfere with provincial priorities, he said.  

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And any bylaws involving the province’s goals must be approved in writing by the mayor. 

However, since the majority of bylaws passed by municipalities could be interpreted as relating to provincial priorities, it’s recommended that the mayor sign a written statement after each meeting indicating approval of the applicable bylaws, he said. 

The mayor will be required to provide a proposed budget to council by Feb. 1 of each year. If the mayor does not propose a budget, council becomes responsible for preparing and adopting a budget, said Auger. 

If the mayor’s position is vacated during the term, a byelection must be held unless that vacancy occurs after May 31 of an election year. In the past, council could determine whether to hold a byelection or whether to appoint an interim mayor. 

bamacleod@postmedia.com 

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