New questions are being raised about Ontario’s ‘strong mayor powers’ after they were used to undo the hiring of a Guelph man.
Trevor Lee left his job as Guelph’s deputy chief administrative officer and, in March, was hired for a CAO position in Orillia.
His appointment was initially endorsed by Orillia Mayor Don McIsaac, who said he was “looking forward to working with Lee to build on Orillia’s success and plan for the future.”
Then, just days before Lee was set to start his new role, McIsaac changed his mind and used strong mayor powers to hire the city’s current deputy CAO.
He said it was to “ensure stability and continuity” during “a critical point in Orillia’s history.”
The decision was a surprise to many, including Orillia Councillor Jay Fallis.
“This totally contradicts the direction that council was taking,” he said.
City councillors are now seeking clarity on the rules.
“What types of power the mayor will have and how do we, as a council, make sure we stand up for residents,” Fallis explained.
Some strong mayor powers were originally granted to help communities respond quickly to extreme weather. Since then, they’ve been used for various reasons.
“He changed course, and it was not relevant at all to the emergency that we were dealing with in the city, with the [recent] ice storm,” Fallis told CTV News.
Andrew Sancton, an emeritus professor at Western University who specialized in municipal government, shared his thoughts on McIsaac’s decision.
“This is a clear example of the strong mayor powers being used by a mayor to control the administration of the municipality,” he said.
While the move may be unusual here in Canada, it’s not unprecedented.
“It does seem to be a legitimate, or legally acceptable, use of strong mayor powers,” Sancton said.
As for Lee, it’s possible he could seek compensation for the hiring reversal.
“Before he even got there the job offer was pulled, the mayor made the decision to do that and hire somebody internally,” said Teilen Celentano, an employment lawyer with Samfiru Tumarkin LLP. “They’re on the hook for something. How much, and when it’s going to become payable, is still to be determined.”
Orillia’s council met Tuesday afternoon to discuss the matter. Although, without a lawyer present, McIsaac said the meeting wouldn’t go far and called it off.
“The purpose of the meeting is very specific. It was to ask questions to a lawyer,” McIsaac told CTV News. “So, the purpose of the meeting is virtually gone and void. So we eventually had a move to, just, adjourn the meeting.”
Now city council, residents and Lee must wait for another meeting to get answers.
Fallis, for his part, said the influence elected officials have must be determined before the temporary powers become permanent.
“Council is trying its best to respond to a very confusing scenario,” he added.
A spokesperson for the City of Guelph confirmed Lee’s last day as CAO was April 11 and an acting deputy CAO has already been appointed to replace him.
CTV News reached out to Lee to get his side of the story but were unable to reach him.
