April 21, 2011
Council in turmoil
by Kay McQuade
Tensions were high at the townships of Head, Clara, Maria council
meeting Friday after it was revealed that Deputy Reeve Jim Gibson and
Councillor Ed Aiston had failed to file financial disclosure forms by
the deadline of March 25, pertaining to last October’s municipal
election.
The Ontario Municipal Elections Guide 2010 states clearly that
candidates who do not file a financial disclosure form are ineligible
to hold municipal office in Ontario for the period up to and including
the next regular election.
It further states that a sitting council member who does not file on
time forfeits his or her office and is barred from holding office or
from running in the next municipal election.
In light of the situation, Reeve Tammy Stewart “questioned the
authority of council to continue to make binding decisions and pass
resolutions” and she wondered “what does this mean for the motions
passed since the March 25 deadline?”
CAO Melinda Reith informed council that she received notice from
Stephen Sellers, the Ministry of Municipal Affairs and Housing (MMAH)
representative on April 7 concerning the failure to file notice and she
asked him at that time for more information and a definite direction on
how to proceed.
No reply had been received by the meeting date of April 15.
“I’m not sure this is an issue as we did not hold an election and there
were no finances involved, other than a filing fee,” Reith reported.
Reith also stated that she sought legal advice and had been advised to
proceed as normal until clarification is received.
Aiston, one of the two councillors in violation, stated that he “will
not accept the opinion of a junior bureaucrat who has no authority.”
He said he believes “that the only way a council member can be removed
is if a charge is preferred against him under the law.”
He also said he had not received proper notice of failure to file by
registered mail, as directed in the Elections Guide, to which Reith
replied it was the clerk’s responsibility to send such a letter and “no
clerk sends those by registered mail.”
Gibson, who also failed to file the required form, stated “I will
remain on council unless I leave in handcuffs or receive a direct order
from a senior government official, and I don’t believe that will
happen.”
Councillor Bob Reid said he fully understood that “a councillor had to
turn the paper work in by March or lose his seat on council.”
Technical omission
Reith asked the question “what does it mean if you break the law?” and
compared the present situation to the speed limit law.
She said “many people drive over 90 km/hr and are breaking the law but
not charged with anything.”
“Councillors Gibson and Aiston made a technical omission” by not filing
the financial form, she said.
Stewart phoned MMAH representative Steve Sellers to ask for further
clarification.
Sellers said the law is pretty clear and advised the councillors in
question to seek legal advice.
If the councillors are ultimately removed from office, they will be
replaced either by a by-election or appointment.
“Where do we go from here?” Stewart asked.
Councillor Dave Foote said, “I am comfortable to carry on but with two
members of council that may be deemed illegal, does it come back on us?”
Reid wondered, “Do we suspend our meetings until a decision has been
made? There is a remote possibility that we will be in deep trouble
with this.”
Stewart stated that she feels Aiston and Gibson should excuse
themselves from council until clarification has been received.
But Gibson said “I am a standing member of this council and we may
jeopardize the municipality if we suspend council.”
When it became clear that Aiston and Gibson were not going to excuse
themselves from council, Stewart stated that “I don’t want to be a part
of this until clarification is received” and removed herself from
council until further notice.
Echoing Stewart, Reid also excused himself, saying he would return when
clarification of the situation was received.
Foote said he was gambling to stay for one meeting and felt they should
have clarification by the next meeting.
Reith said council could continue without Stewart and Reid; a quorum
was present with the three remaining councillors and Deputy Reeve
Gibson would preside over the meeting in the absence of the reeve.
The remainder of the meeting continued without incident.
Before closing Foote commented, “We are waiting to hear from the MMAH
but we may not and what do we do if we don’t?
“Do we just carry on the way we are with two members absent?”
Gibson said the municipality's procedural bylaw states that “in the
absence of the reeve, the deputy reeve carries on with business as
usual.”
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