May 25, 2011
Townships reeve
avoids censure
by Denise Walker
The lady is not for quitting.
The reeve of the United Townships of Head, Clara and Maria, Tammy Lea
Stewart, narrowly avoided a censure motion last week that called for
her resignation.
It was the first meeting of council since Justice Timothy Ray issued an
order confirming Jim Gibson and Ed Aiston in their position as
councillors.
Gibson and Aiston had failed to provide financial returns as required
under the Municipal Elections Act.
They were forced, at their own expense, to seek relief from the court
to avoid the penalty of finding themselves removed from office.
The issue has embroiled council in a bitter dispute between the reeve,
fellow councillors, and staff over how the problem should have been
handled.
Reeve Stewart maintained that the legislation meant that the two
councillors were no longer permitted to sit on council.
She believed that their seats were vacant unless they were able to
obtain help from the court.
As the dispute escalated, Stewart consulted the municipal solicitor,
the Ministry of Municipal Affairs, and the police.
This, in turn, led to conflict between the role of the reeve and that
of the municipal clerk.
A background note provided to council by clerk Melinda Reith stated
that it is “quite apparent that the decisions made during this time
were not in the best interests of the ratepayers and residents of this
municipality, fellow council members or staff but instead appear to be
made to fulfill some personal agenda.”
The report says that much information, including a petition of 110
residents, precedent from other court cases, and a letter from the
municipal solicitor, was not considered in reaching a decision on the
best way to proceed.
The resolution censuring Stewart declared that the reeve, “has
demonstrated a complete lack of leadership... and has failed to
demonstrate collegiality with her fellow members of council.”
It went on to claim that the reeve had brought the townships and their
residents into public ridicule by the improper use of the municipal
solicitor and the police.
As a result, the resolution said, the reeve “no longer has the
confidence of council” and suggested she tender her resignation.
In support of the resolution, Councillor Aiston acknowledged “no one at
this table doesn’t bear some responsibility.”
He pointed the finger squarely at the reeve to take the lion’s share of
the blame.
He said that other municipalities had been able to resolve similar
situations saying, “In no other place were the police brought in, in no
other place was the petition from the public ignored.”
Stewart had some support from Councillor Reid.
“I do not expect or accept a resignation,” he said, adding “It’s time
to move on. The issue has been resolved.”
Councillor Dave Foote also said, “You don’t have to resign. I had some
issues with the way you handled it but it’s in the past.”
Stewart defended herself, insisting that she would not resign.
“I have done nothing wrong,” she said firmly.
“The onus was on the members who had failed to file to rectify it.”
In support of her actions, she pointed out that Justice Ray had refused
to order the municipality to pay the costs of $2,660 incurred in the
application to the court.
Aiston and Gibson voted for the motion of censure, Stewart and Reid
voted against.
Foote was left with the deciding vote but chose to abstain, causing the
motion to fail.
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