Advocate Jan 2014
Advocate Jan 2014
Advocate Jan 2014
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
THE ADVOCATE VOL. 72 PART 1 JANUARY <strong>2014</strong><br />
13<br />
providing good government with respect to matters within its jurisdiction,<br />
and the city council is a democratically elected government which is<br />
responsible and accountable”. It is a purpose of the Act that the city must be<br />
able to ensure that it “is accountable to the public and that the process for<br />
making decisions is transparent”.<br />
Ford’s allegation of “a dictatorship” ignored not only the accountability of<br />
city council, but also the fact that before voting in a public forum (broadcast<br />
far beyond the boundaries of the electorate it serves) the motions at issue<br />
were up for questioning and debate by all members of council, including<br />
Ford. How was that not democracy?<br />
The mayor’s role is spelled out in the Act as follows:<br />
It is the role of the mayor of the City, as head of council,<br />
(a) To act as chief executive officer of the City;<br />
(b) To preside over meetings of council so that its business can be carried<br />
out efficiently and effectively;<br />
(c) To provide leadership to council;<br />
(d) To represent the City at official functions; and<br />
(e) To carry out the duties of the head of council under this or any<br />
other Act. 3<br />
The mayor’s role as chief executive officer is further defined in the Act:<br />
As chief executive officer of the City, the mayor shall,<br />
(a) Uphold and promote the purposes of the City;<br />
(b) Promote public involvement in the City’s activities;<br />
(c) Act as the representative of the City both within and outside the<br />
City; and promote the City locally, nationally and internationally;<br />
and<br />
(d) Participate in and foster activities that enhance the economic,<br />
social and environmental well-being of the City and its residents. 4<br />
Beyond that, council (not the province) had previously created further<br />
responsibilities for the mayor, adopted by the city council in 2006 as changes<br />
pursuant to a bylaw. 5 The council gave, and the council hath taken away.<br />
The city councillors faced with a mayor behaving criminally, erratically,<br />
evasively and in a bullying manner realized that they had no legal authority<br />
to remove or impeach him. Therefore they tabled, debated and voted on<br />
suspending certain duties and roles contained in the Municipal Code that<br />
applied to the mayor. This, only after they first privately, then publicly confronted<br />
the mayor to take some time off to deal with his admitted drug use,<br />
obvious alcohol abuse and other erratic behavioural issues. The mayor,<br />
stubborn to the end, refused to step down and instead threatened litigation<br />
(six paragraphs later it still hasn’t happened). He had his lawyer write to<br />
council cautioning them from proceeding, in part, on the basis that