Beach mayor can now direct staff; deputy mayor says move ‘flies in the face of democracy’

By Gisele Winton Sarvis Barrie Examiner

WASAGA BEACH – Wasaga Beach Mayor Brian Smith now has the authority to direct staff, in addition to the chief administrative officer, following a 5-2 vote on the matter at Tuesday’s council meeting.

In a heated debate, Deputy Mayor Nina Bifolchi said giving power to a single member of council to direct staff “flies in the face of democracy.” Bifolchi also questioned the legality of the action under the Municipal Act and asked whether the mayor should be voting on the issue of giving himself more power.

“There are 444 municipalities in Ontario I haven’t heard of any other one that put this into their code of conduct,” she said.

Bifolchi, who voted against the resolution, said a municipal law expert who recently addressed council told them that a single member of council should not be governing, but rather, that governance should come from the council as a whole.

Coun. Sylvia Bray, who also voted against the provision of mayoral authority to direct staff, said giving separate powers to the mayors “creates something of a dictatorship.”

Coun. Bill Stockwell took the opposite stance, saying that the mayor and members of council are elected officials the public entrusts with running the municipality so it is “democratic” for the mayor to direct staff.

“To suggest that elected officials don’t have a hand in directing staff through the mayor is ludicrous,” Stockwell said. “The basis of democracy is that we represent the ratepayers. The ratepayers don’t elect the CAO or the treasurer … They elect us. To suggest we can’t hand over power to the mayor from time to time … I would never question that. I don’t think there is anything wrong with that.”

What goes against democracy, Stockwell argued, is when elected officials “hide,” allowing staff to make all the decisions and then when things go wrong, pass on blame to those staff.

Bifolchi took exception to Stockwell’s insinuation that council may shirk responsibility. “We are responsible. I was elected as deputy mayor. I want to do my job,” she said.

Coun. Bonnie Smith voted for the mayor to have the authority to direct staff, saying it has worked in Mississauga where former mayor Hazel McCallion had the authority to direct staff and it worked well.

Town solicitor Michael Stahr was in the audience during the discussion. When asked for legal advice, he suggested the meeting go into closed session for a “full and frank discussion,” otherwise his advice would be “muted.”

There was not sufficient support from council to go into closed session and it was noted that it was not unlawful under the Municipal Act for the mayor to direct staff.

There was no further discussion on whether the mayor should or should not vote on giving himself power to direct staff.

The amendment to the Code of Conduct, allowing the mayor to direct staff in addition to the CAO, was voted on separately from the overall Code of Conduct. Both votes were recorded and in both votes, Bifolchi and Bray voted against while Couns. Ron Anderson, Ron Ego, Bonnie Smith, Mayor Brian Smith and Coun. Bill Stockwell voted in favour.