As municipal election season approaches, Collingwood town staff are preparing for a possible situation with a funny name.
Council could enter what's called a "lame duck" period once the nomination for municipal election candidates closes depending on how many of the existing council members are seeking re-election. Lame duck is triggered when less than three-quarters of an outgoing council can be re-elected.
Collingwood council has nine members, so at least seven of the existing councillors would have to seek re-election without running against each other for a single seat (mayor or deputy mayor) if lame duck is to be avoided.
Currently, four members of council have submitted applications to run again, with the potential for three to be elected: including Deb Doherty for councillor and Bob Madigan for deputy mayor. Both Yvonne Hamlin and Mariane McLeod are running for the mayor's seat, so only one could be elected.
The Municipal Act governs the lame duck provisions, which limit town spending and prevent hiring and firing of town employees.
As part of Monday’s (July 4) strategic initiatives standing committee meeting, councillors were given a refresher on what lame duck means, and how it might play a part in the next few months of council business prior to and after the Oct. 24 election.
“There is miscommunication out there as to what can and can’t be done,” said Clerk Sara Almas during Monday’s meeting.
Under the Municipal Act, lame duck provisions set out specific actions that council is not able to act on after nomination day (Aug. 19) and election day (Oct. 24) depending on how many incumbent council members are intending to run for council.
The main purpose of the provision is to prevent an outgoing council from operating in a manner that would unduly disadvantage the incoming council.
“It’s more about money and liability disadvantaging the incoming council and major decisions that could impact a future budget,” said Deputy Clerk Becky Dahl.
Council can go into a lame duck period between nomination day (Aug. 19) to election day (Oct. 24), and/or between election day to the end of the current term of council (Nov. 15).
During a Lame Duck period, certain restrictions are placed on staff and council.
For example, officers of the municipality are not to be appointed or removed. Town employees can’t be hired or dismissed during this period, and property belonging to the municipality with a value more than $50,000 cannot be disposed. Also, the town is not permitted to make any expenditures that exceed $50,000, unless it has been pre-approved through the budget or is an emergency situation n.
“The operations of the business can continue as normal until the new council is sworn in so there’s no interruption of service,” said Dahl.
There are some projects slated to come to council for decision later this summer, but Almas said even if council goes into lame duck, the decisions could still be made.
“We wanted to make it clear that the provisions of Lame Duck likely do not apply to these decisions because there isn’t spending of more than $50,000 or a potential liability if they were passed,” said Dahl.
A decision on the successful bidder for the Collingwood Grain Terminals project is expected to take place at the Aug. 18 regular meeting of council. Almas said that as no financial commitment is expected to be considered until the 2023 budget, lame duck provisions would not impact this decision.
The draft Official Plan will be presented on July 11 to councillors during a special meeting. Statutory requirements for adoption, such as having a public meeting, passing of bylaws and requesting approval from the County of Simcoe are not restricted under lame duck rules.
The consideration of council’s support of an MZO application in regards to the Poplar Regional Health and Wellness Village would also not be impacted, as there is no financial impact and the decision on whether or not to approve an MZO is one of the provincial government.
Any discussion regarding interim control bylaw exemptions will also not be impacted as there are no restrictions under lame duck on passing bylaws.
Budgeted items and steps for the water treatment plant expansionmay proceed, however the CAO’s delegated authority may be required if any budget adjustments over $50,000 are considered.
Planning applications will also continue as normal.
