Council required to appoint replacement for mayor
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Tillsonburg Town Council is facing a tough decision compounded by the fact it will come in an election year.
Mayor John Lessif’s resignation becomes official April 30, 2014. Within 30 days from that date said Municipal Clerk Donna Wilson Monday morning, council is required to appoint a replacement.
“They have to fill that vacancy unless it is within 90 days of the election – which it is not – so they have to fill that vacancy.”
As stated, if the vacancy had occurred within 90 days of this fall’s municipal election, it would not have to have been filled prior to that election. But given it is not, section 263 of the municipal act states the vacancy must be filled by either appointment or by-election. The fact the resignation becomes effective after March 31st of an election year excludes the latter (by-election), leaving appointment as the lone option.
Council has two options on that option, appointing either from within council, or essentially any member of the community they so choose.
“The issue is, if they do appoint from within, they still have a vacancy (on council) which must be filled,” said Wilson.
Town of Tillsonburg procedures state the deputy mayor chairs council meetings in the mayor’s absence. But there is no requirement within procedures for that process to be formalized, said Wilson.
“It can be any member of council or the public.”
Additionally, if the mayor’s vacant position was filled by a member of council, there is no requirement to, for example, elevate the person with the highest ‘non-elective’ vote total from the previous election to council, although that is one possibility. The same broad ‘any member of the public’ criteria could apply.
For the record, in the 2010 municipal election campaign Lessif had 2,501 votes compared to Stephen Molnar’s 2,194 in the battle for mayor. Deputy Mayor Mark Renaud garnered 2,021 in that race over Rick Miggens with 1,417 and Mark Covey with 1,138. Dave Beres led totals in the councillor position (five elected) with 2,882 followed by Chris Rosehart 2,594, Mel Getty 2,468, Marty Klein 2,098 and Brian Stephenson 1,848. Jim VanRybroeck finished 73 votes back with 1,775, Sam Lamb had 1,556 votes, Debbie Brady 1,129, Brad Lemaich 1,027, Dianne Clark 993 and Bill Hildebrand 944.
“It’s an interesting situation,” Wilson understated.
Given any appointment will not be made until after Lessif’s resignation becomes official, council will then be comprised of five councillors and the deputy mayor, an even number opening up the possibility of a split or tied vote.
“It is possible,” said Wilson.
The town’s municipal clerk is continuing to research both the basic outline and finer points of the situation in preparation for a report to council during the open portion of its Monday, April 14 2014 meeting.
“It will all be an open process,” said Wilson.
According to an interpretation of the municipal act from the Ministry of Municipal Affairs and Housing, declaration of the vacant seat cannot come before council until after April 30th as the seat will not be vacant until then. As a result, declaring a vacancy for the office of mayor will come before council at its Monday, May 12, 2014 open meeting. Appointment will come before council during its May 26, 2014 meeting.
“It will be a decision for council to make and not an easy one,” Wilson concluded. “It is an important position.”