Aug. 4, 2007
Email by Resident of Caledonia
Madam Mayor and Council,
Not to be a stickler on this but the Mayor as Head of Council is the one who is directing the ship not the Council. She is the one guiding the Council not the other way around. The Mayor is the Chief Executive Officer of the County. It might be considered insubordination for those working for the CEO to be making resolutions and having discussions on the role of the Mayor without the Mayor’s knowledge or input as seems to be the case in this situation.
For your consideration here are the sections of the Municipal Act with regard to the roles of the Mayor (Head of Council), Council and Administration. The Council does not have the right to name someone other than the Mayor as their spokesperson. The CAO and other members of Administration do not have the legal right to make decisions affecting the ability of the Mayor (Head of Council) to effectively represent the people of the Municipality. I also do not see anything in the Act that authorizes the CAO or anyone else in Administration to be working directly with Council without the knowledge of the Mayor (Head of Council).
The resolution as presented serves to limit the Mayor’s ability to act as the CEO of the Municipality which may hinder the ability to deal confidentially with residents of the Municipality. If I want Buck Sloat or anyone else on Council as well as the Administration of the County to be privy to my correspondence I will copy them on my letters.
This is an affront to the taxpayers of Haldimand County through a breakdown of the structure and operation of the duly elected officials of this County. I would like to see a forensic audit of this County as soon as possible as it seems there are actions and activities that seem out of line with betterment of the taxpayers of this County. In other words there seems to be an operational dysfunction within Haldimand County that may be putting my tax dollars at risk.
PART VI
PRACTICES AND PROCEDURES
Municipal Organization and Administration
Role of council
224. It is the role of council,
(a) to represent the public and to consider the well-being and interests of the municipality;
(b) to develop and evaluate the policies and programs of the municipality;
(c) to determine which services the municipality provides;
(d) to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council;
(d.1) to ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality;
(e) to maintain the financial integrity of the municipality; and
(f) to carry out the duties of council under this or any other Act. 2001, c. 25, s. 224; 2006, c. 32, Sched. A, s. 99.
Role of head of council
225. It is the role of the head of council,
(a) to act as chief executive officer of the municipality;
(b) to preside over council meetings so that its business can be carried out efficiently and effectively;
(c) to provide leadership to the council;
(c.1) without limiting clause (c), to provide information and recommendations to the council with respect to the role of council described in clauses 224 (d) and (d.1);
(d) to represent the municipality at official functions; and
(e) to carry out the duties of the head of council under this or any other Act. 2001, c. 25, s. 225; 2006, c. 32, Sched. A, s. 100.
Substitution
226. A municipality may, with the consent of the head of council, appoint a member of council to act in the place of the head of council on any body, other than on the council of another municipality, of which the head of council is a member by virtue of being head of council. 2001, c. 25, s. 226.
Head of council as chief executive officer
226.1 As chief executive officer of a municipality, the head of council shall,
(a) uphold and promote the purposes of the municipality;
(b) promote public involvement in the municipality’s activities;
(c) act as the representative of the municipality both within and outside the municipality, and promote the municipality locally, nationally and internationally; and
(d) participate in and foster activities that enhance the economic, social and environmental well-being of the municipality and its residents. 2006, c. 32, Sched. A, s. 101.
Municipal administration
227. It is the role of the officers and employees of the municipality,
(a) to implement council’s decisions and establish administrative practices and procedures to carry out council’s decisions;
(b) to undertake research and provide advice to council on the policies and programs of the municipality; and
(c) to carry out other duties required under this or any Act and other duties assigned by the municipality. 2001, c. 25, s. 227.
Clerk
228. (1) A municipality shall appoint a clerk whose duty it is,
(a) to record, without note or comment, all resolutions, decisions and other proceedings of the council;
(b) if required by any member present at a vote, to record the name and vote of every member voting on any matter or question;
(c) to keep the originals or copies of all by-laws and of all minutes of the proceedings of the council;
(d) to perform the other duties required under this Act or under any other Act; and
(e) to perform such other duties as are assigned by the municipality. 2001, c. 25, s. 228 (1).
Chief administrative officer
229. A municipality may appoint a chief administrative officer who shall be responsible for,
(a) exercising general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality; and
(b) performing such other duties as are assigned by the municipality. 2001, c. 25, s. 229.