FORT FRANCES—Heeding the outcry stemming from the Jan. 14 municipal byelection, Fort Frances town council will investigate the possibility of a succession bylaw in case such a vacancy occurs again.
The matter will be put forward to the Administration and Finance executive committee for discussion, with a recommendation to come before council in the future, Mayor Roy Avis noted yesterday afternoon.
But he stressed there’s no guarantee council could pass such a bylaw if it wanted to.
“We have to work within the confines of the Municipal Act, and the Municipal Act is very clear on the process that council uses,” said Mayor Avis. “It spells out the direction council should take.”
Mayor Avis also said council will seek legal advice on what it should do.
He noted he’s not aware of any other municipality that has a policy or procedural bylaw in place dictating that council must abide by succession as a means of filling a vacancy.
“Even if you did have a policy or bylaw in place, council can overturn that at any time. They can bring it back to the table and with a vote of four councillors, overturn their decision,” he explained.
“If we went through this process and put a bylaw in place, we in council this term could change that. And the next council could change it also.”
That said, Mayor Avis said Monday night’s council meeting, where a trio of local residents demanded council implement a succession bylaw, was “very positive.”
“We had citizens come forward and make recommendations, and we as a council appreciate that,” he remarked.
The delegates included Allan T. Bedard, Bill Krukoski, and Larry Wood.
“We just concluded an unnecessary byelection that ought not to have taken place,” Bedard told council.
“The message served on council was one of resounding support for appointment to fill the council vacancy by succession,” he added. “This council refused to listen.”
Bedard said he wants council to implement a succession bylaw because it would remove council prejudice against any candidate who was next in succession in the previous election.
It also would establish permanent rules requiring the next in line to be appointed into the vacant position for the remaining term of council.
“If there is a problem with any given candidate, the next municipal election would address this matter in a democratic way,” Bedard argued.
Krukoski said he felt the decision to hold a byelection, versus filling a council vacancy by succession, “was just another arrogant decision made by council against the general wishes of the municipal taxpayers.”
“This community felt very strong about succession, and upset with the foolishness to spend hard-earned tax dollars on an election when these funds could have been allocated to some other worthy project,” he remarked.
Krukoski called on council to bring forward, in a public forum, a procedural bylaw that will direct all future vacancies for the position of councillor or mayor to be filled by succession.
He added the bylaw should be made public within 30 days from Monday (Jan. 28) and made into law by council, if first accepted at a public meeting, within 60 days from then.
Both Bedard and Krukoski have worked together on a bylaw format and presented that to council Monday night to use if it choose to do so.
In short, the draft bylaw presented declares that any future vacancy be filled by succession. Those who ran for council will be eligible for council seats, and likewise mayoral candidates for the mayorship.
If a successor can’t be found for such a vacancy, council should provide a 30-day public notice from the date of the declared vacancy seeking applicants from legally-qualified candidates.
Council then could interview these candidates. Upon completion of this exercise, council would hold an open and public vote within 60 days of the declared vacancy to fill that vacancy.
If a vacancy occurs within six months of the next municipal election, it should remain empty until that forthcoming election.
Wood, meanwhile, stressed council has never resorted to a byelection to fill a vacancy in the town’s history, and needs a succession bylaw to ensure it never happens again.
(Coun. John Albanese pointed out, however, that in 2005, when he replaced the late Struchan Gilson, he was not appointed outright as the next in line, but actually got the seat only after a vote taken by the mayor and council of that time).
Wood also scolded council for “dramatically reversing its decision” after first saying it would appoint a candidate to fill Coun. Tannis Drysdale’s vacancy in September and then deciding in October to hold a byelection instead.
“It is my firm belief, and that of others, that succession to fill vacancies for councillor must be maintained,” he remarked.
“Failing to attract any of the defeated candidates from the previous election, council then should have the direction, in fact the mandate, to request applications from interested citizens to fill a vacancy as councillor.”
Wood added if there is a vacancy for mayor, the councillor having garnered the most votes in the previous general election should fill the position.
“In conclusion, the electorate has spoken convincingly with a resounding message to town council,” he charged. “They do not want nor require unnecessary, expensive byelections in Fort Frances.
“They also recognized the biased attitude shown by most of the current members on council.
“Don’t flip-flop again. You received your wake-up call, I hope,” added Wood. “Listen to the public, not a chosen few. Listen. By the way, mark on your day planner: Nov. 8, 2010.”
Coun. Rick Wiedenhoeft noted Monday night he also felt the town needed a procedural bylaw to address vacancies on council.
He previously had made that same point when a vacancy occurred after the death of Coun. Gilson in August, 2005, and again last September once Coun. Drysdale resigned.
“I brought forward the suggestion to members of council as to how a procedural bylaw could be handled, knowing, in fact, we cannot usurp or supersede the Municipal Act.
“We have to be very careful of that,” Coun. Wiedenhoeft stressed.
“The attention that’s been brought to us tonight by the delegations and deputations will lead council to certainly go back and address this issue,” he added.
“I am not prepared at this point in time to submit a resolution. I just feel council should have a procedural bylaw in place.”
On the other hand, local resident Gordon McTaggart said he supported council maintaining “the people’s right to choose.”
“Much has been written, by a few persons, about the decision to hold an election for councillor to replace a vacancy caused by one of the councillors elected at the most recent election, who found she was unable to continue as a member,” McTaggart wrote in a letter addressed to Mayor Roy Avis.
“I would have you know that I support your decision to hold an election to fill the vacancy.
“It is no short-term duty,” he stressed. “The cost of protecting my right to choose the people who govern our country, at every level, was, and still is, far too high to be treated lightly.
“I expect, with good reason, that if this was a situation where the vacancy was for a short period of time, you would have taken an alternative course of action.
“But I thank you, and the council members, for maintaining, in this instance, the people’s right to choose,” McTaggart concluded.
(Fort Frances Times)
Fort Frances Times
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