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Open or closed? Collingwood council meets on strong mayor powers

While council’s May 5 meeting was planned to be entirely in closed session, one councillor made the case that it should happen in public, despite concern from mayor
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Collingwood council includes (front, left to right) Coun. Kathy Jeffery, Coun. Christopher Baines, Mayor Yvonne Hamlin, Coun. Deb Doherty, (back, left to right) Coun. Ian McCulloch, Coun. Chris Potts, Deputy Mayor Tim Fryer, Coun. Rob Ring and Coun. Steve Perry.

Collingwood council decided to open up its closed-session meeting on strong mayor powers to the public this week.

The entire May 5 meeting of council was flagged as ‘council training’ on Monday’s agenda and had been planned to be entirely in closed session. However, to kick off the meeting, Coun. Kathy Jeffery called for the presentation and some questions to take place in public.

“The clerk advised that it’s possible to do this training in public,” Jeffery said to kick off the meeting.

Mayor Yvonne Hamlin said she was supportive of having training in public but wanted to keep the option open to ask some questions in closed.

Councils are permitted to go into closed session for the purposes of council training or receiving legal advice under the Municipal Act.

“I would feel better if we automatically went in camera as opposed to asking for specific people to ask for that,” said Hamlin. “The reason under the Municipal Act that we go in camera ... for training sessions is so people don’t feel too stupid to ask questions. You don’t have to worry about people watching you.”

“I wouldn’t want to put anyone on the spot to have to ask to go in camera,” she said.

Throughout the two-hour public session, Hamlin asked numerous times if council could retire to closed session. Some councillors, however, pushed on to keep it open. When Hamlin read in a motion to move into closed session at about 3:15 p.m., she didn’t receive a seconder, so the session stayed open.

“I should have just asked you all ahead of time,” Hamlin said with a laugh.

Town clerk Sara Almas and town solicitor Steven O’Melia led a presentation and answered questions from council members on various aspects of the new strong mayor powers, and considered hypotheticals of how they may be used.

In April, the province announced it was extending strong mayor powers to 169 municipalities as of May 1, including Collingwood. Strong mayor powers give local mayors the power to hire and fire key staff, veto council decisions and present the town’s annual budget for consideration.

“This is a significant piece of legislation. The mayor is going to have to consider the powers, the ones she’d like to hold, and any delegation of powers,” said Almas.

Some councillors didn’t hold back on their fears about the new powers.

“The one thing that’s clear as mud to me is the budget process,” said Coun. Chris Potts. “I’m having a hard time understanding it.”

Almas said town staff would still put together the preliminary budget each year and would instead be presenting it to the mayor, whereas in the past it would go to all of council. She explained that under the strong mayor powers process, the town’s budget is put forward by the mayor annually by Feb. 1, and council will have only 30 days to approve it after that.

Jeffery asked whether strong mayor powers continue through any lame-duck period. O’Melia said as it was council’s authority being delegated to the mayor through the powers, the same rules that apply to council in lame duck would be applied to any mayor.

She also asked about the definition of provincial priorities that are the push behind strong mayor powers — the province has said the intention is to get housing built faster, but also to “help advance provincial priorities” generally.

“They seem both broad and confusing. What are the guardrails to keep a mayor within those appropriate powers?” asked Jeffery.

Almas said mayors are tasked with providing the reasons behind the use of the powers.

“There is that immunity that if a mayor believes that their reasons are justified and they’re doing it in good faith and it’s not illegal, it’s my understanding there are no guardrails attached to that right now,” she said.

Jeffery talked about the work that had gone in to the town’s community-based strategic plan but was interrupted by Hamlin before she could finish.

“Is this a question? asked Hamlin.

“It’s going to be a question,” Jeffery responded. “This is a training session, right? I thought the rules were more relaxed.”

“I’m not familiar with that,” said Hamlin.

Jeffery continued to note she hoped a mayor using the powers would have regard for the community-based strategic plan following significant public input into the plan.

“Do they have the power to supersede those documents?” Jeffery asked.

Almas said mayors do have that power under strong mayor powers.

Coun. Deb Doherty raised a provision within strong mayor powers that a two-thirds majority council vote could veto a strong mayor power decision in certain instances.

“So, that becomes our guardrail,” she said.

Deputy Mayor Tim Fryer noted the information provided wasn’t officially legal advice, just the best understanding the town has at this point in time on strong mayor powers, based on a legal opinion.

“This is a fundamental change,” he said.

Hamlin asked questions about the CAO’s powers under the new rules. She shared confusion about the line between mayors having the powers of a CAO, and also being permitted to hire and fire a CAO.

“It’s not particularly good drafting, because it is unclear,” O’Melia responded, though he said the powers are intended to delegate council decisions to mayors alone, and should be considered as such.

The town’s planning director, Summer Valentine, asked if decisions of mayors when exercising strong mayor powers could still be taken to the Ontario Land Tribunal for an appeal. O’Melia said individuals and developers would still have that option.

This week, Town of The Blue Mountains Mayor Andrea Matrosovs put out a news release announcing she had delegated authority to hire a CAO to council, has delegated general management of the town’s structure and employment matters to the CAO and has directed the town’s CAO and director of corporate and financial services/treasurer to prepare the draft of the 2026 budget.

The City of Owen Sound, the Municipality of Meaford and the Municipality of West Grey have all rejected the new powers.

At the end of Collingwood council’s meeting on May 5, no motions to delegate or reject the powers were put on the table.

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