Simcoe County councillors have asked the governance committee to take a deeper look at how and when a weighted vote can — or should — be used.
A motion tabled by Wasaga Beach Mayor Brian Smith during Tuesday’s meeting has tasked the eight-person committee to “consider and make recommendations regarding the circumstances for use of the weighted vote outlined in council’s procedure bylaw.”
“I think we were going to look at our procedural bylaw anyway later this year," said Warden Basil Clarke. "It was kind of on the to-do list. We are just saying let’s do it now."
Bradford West Gwillimbury Mayor James Leduc questioned why they were even looking at the matter, given the governance committee typically looks at the “whole thing.”
“We talked about it, but it was not moved to change the way the weighted vote works, so I am just concerned why we are looking at it now. It works good the way I see it now,” said Leduc.
To change the structure of the weighted vote would require a triple-majority vote, however this motion is meant to address when the weighted vote is used, said Clarke.
Under the triple-majority process, it requires a majority of votes on county council, as well as a majority of lower-tier councils (towns and townships) passing resolutions consenting to a bylaw, and the consenting lower-tier councils representing a majority of all electors in the upper-tier municipality.
Smith said when the governance committee has considered the issue in the past, it was done so with the current 32-member council in mind. With plans to reduce that to a 17-member council on the horizon, he believes the issue requires a new look.
Oro-Medonte Deputy Mayor Peter Lavoie also wondered if the committee could look at redefining the definition of quorum.
“Given the weighted vote can provide, with 17 members, the opportunity for six members to meet and conduct county council business, it seems to me it defeats the purpose of not being able to meet or preventing councillors to meet in a majority,” he said. “With six members, you could conduct, over a dinner table, county council business and then come to county and execute that business.”
As the definition of quorum is something laid out in the Municipal Act, it is not amendable, explained chief clerk Jonathon Magill.
As for the motion presented by Gordon, it “stands alone” no matter what decision is made regarding council composition.
“The Municipal Act is very clear on not … advancing the business of council other than in this council chambers, such as happened two councils ago when 17 members conducted business in the hallway,” said Innisfil Mayor Lynn Dollin, referring to a March 25 meeting when several county councillors refused to return to the chamber.
In response to Dollin's comment, Smith called a “point of personal privilege," as per Roberts Rules of Order, noting he was one of the councillors in the hallway during the meeting the Innisfil mayor was referring to.
“I can tell you that the material business of council was not moved forward," he said. "There were many members that were not particularly in the area or in the same room. I think it’s important before we make comments as such we are clear on who was there and what happened.”
The concept of revising when council decides to use proportional representation is “really chilling,” said Midland Mayor Bill Gordon.
“To think we are even considering going back and revising our bylaw and effectively turning equity into equality, which is a regression of like 50 years worth of progress,” he said. “There is a big difference between equity and equality and I would challenge anyone who believes otherwise to just Google it.
"We have achieved equity through weighted voting and the fact we achieve most of our decisions here with a show of hands just shows how well this functions," Gordon added. "But, where there is the potential for contentious issues, the option for weighted voting … is something we’ve had enshrined in our policy for decades.”
Stripping council of proportional representation, which Gordon said is the purpose of weighted voting in lieu of having even more councillors, is what provides that equity.
“People have had votes in the past that didn’t go their way and no one played this card," said the Midland mayor. "This one comes along … and all of a sudden we have it.
"I reject sending this back to try to have us work ourselves into knots to try to undo and justify the removal of proportional representation," Gordon added. "I think it’s shortsighted and against the democratic process that we’ve set up in this country just because we didn’t like the outcome of a vote.”
Governance 'hygiene' is an important part of the job, said Dollin, adding she sees nothing wrong with periodically looking at the procedural bylaw.
“Where I really struggle is this attachment that somehow composition of council and weighted vote are connected because they are two totally separate things,” she said. “I have never in my years here heard anyone say there is a fundamental issue with weighted vote … until the composition came in.
"Somehow, now these two have glued themselves together,” Dollin added. “Let’s have the conversation, but let’s keep them totally separate.”
Ultimately, council needs to move beyond “hurt feelings and sides,” she said.
“It’s not about us. It’s about providing proper governance decades from now from this house,” said Dollin.
