Only under certain conditions would Minto become a “lame duck” council according to its Municipal Coordinator Bill Winegard.
He told council recently, “The Municipal Act limits the authority of council to make some decisions, under certain circumstances, between Nomination Day (Sept. 10) and Election?Day (Oct. 25, 2010).”
Winegard explained “lame duck’ council provisions under this section apply if and as soon as it becomes apparent that 75% of the sitting council will not be returning to the next council.
“In Minto’s case, with a seven-person council, that means lame duck provisions apply as soon as it becomes apparent six members of the sitting council are not to be returning.”
Currently, neither councillors Barb Burrows nor Tammy Reiner are seeking re-election.
If, on Sept. 13, or as soon after Sept. 10 as nominations are certified, six members of the current council have not been nominated, this council would be subject to the “lame duck” limitations on its decision-making as of that day.
He added staff are reviewing coming issues and activities to determine any implications such a situation could pose. For example, among the limitations on a lame duck council is the authority to appoint officers of the municipality.
“This could impinge upon the timing of the town’s recruitment process for the position of Chief Administrative Officer and Clerk,” Winegard said.
He also said there would be limits to incurring liability and spending of up to $50,000.
Winegard added that examples could be in regard to the progress payments of ongoing projects, some of which could be over $50,000, or lease payment which could extend over one year.
As well there are limits on the disposal of municipal property.
However, Winegard said that section does not prevent business of the town from being carried on that has been delegated to staff or to a committee.
He said part of the reason behind the report is to let council be aware staff is giving this thought. “We’re looking at what might unreasonably restrict council’s actions.”
Staff will consider matters which should be delegated by council before Sept. 10, if those have not been delegated already.
Winegard said the issue will be coming back to the Sept. 1 meeting with recommendations as to what actions can be taken to carry on business.
