Statement from Mayor Brown & Councillors Regarding Vacant Council Office Seat

Mayor of Brampton Patrick Brown

With the recent resignation of Charmaine Williams due to her new role as MPP, the process on next steps is under question.

Ontario municipal legislation requires that Council wait until an empty seat is declared vacant before making a decision on how to fill it. Unfortunately, prior to the June 2nd provincial election, on May 31, during a last-minute Special Council Meeting that was called by a group of six Councillors, an unprecedented motion contrary to the Ontario Municipal Act was brought forward to pre-assign the seat for Ward 7 & 8 even though the seat was not yet vacant.

Our City Clerk and City Solicitor advised against this decision as it was contrary to the Ontario Municipal Act which governs municipalities. City Clerk Peter Fay, advised that “this motion is premature and is not consistent with the Municipal Act, as it is written today.”

The City Clerk also informed Council that he consulted with other municipalities and this pre-emptive decision making had no precedent. “I can tell you that I’ve conferred with a number of clerks across the province and I’m not aware of an example where a Council has, before a seat has been declared vacant, taken an action similar to this.”

Advice by the City Clerk was further echoed by the City Solicitor who further suggested that the decision would render all future decisions up for legal challenge in the courts: “As has been said, Council has the ability to appoint to fill a vacancy, however based on the reading of the Municipal Act, to do so prior to the existence of a vacancy could be the basis of a legal challenge and I would be remiss if I don’t advise Council and you know, provide advice on how to mitigate the risk associated with it.”

Members of the public, including residents of Brampton have spoken out about the lack of transparency and question the validity of the process.

Council has a fiduciary duty to ensure that decisions are carried out in accordance with the law; If not, the validity of Council’s decisions may be called into question and every decision made henceforth can be challenged in court placing Council’s integrity at risk.

Council continues to have important decisions to make. These decisions cannot be placed in legal limbo by the pre-assignment of a council seat contrary to the clear rules of the Ontario Municipal Act.

We are working to get through this impasse as quickly as possible along with the assistance of the Ministry of Municipal Affairs and the City Clerk.

SOURCE City of Brampton

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