This week, councillors took another step toward implementing more of the recommendations that came from the Collingwood Judicial Inquiry.
During Monday’s (May 2) strategic initiatives standing committee meeting, councillors voted to seek legal advice before amending their procedural bylaw to more clearly state the roles of the mayor and potentially passing a new bylaw to clarify the role of the chief administrative officer (CAO).
The recommendations to make such changes were two of the 306 recommendations that came out of the Collingwood Judicial Inquiry, which came to a close with a final report from Associate Chief Justice Frank Marrocco published Nov. 2, 2020.
Coun. Kathy Jeffery asked if the new definitions could be reviewed by the legal department or a human resources specialist as a second set of eyes.
“I’d like to make sure that we’re accomplishing what we’re setting out to accomplish,” said Jeffery. “I would feel more comfortable asking questions after it had been reviewed.”
With respect to the mayor’s role and how it impacted the events covered during the Judicial Inquiry, Associate Chief Justice Frank Marrocco stated “That misunderstanding flowed, at least in part, from the description in the Municipal Act, 2001, of the head of council (in the Town of Collingwood, the mayor) as the “chief executive officer of the municipality.”
“The role and responsibilities of a head of council differ from those of a corporate chief executive officer (CEO) in a meaningful way: the head of council does not have the same powers as the CEO of a corporation. More specifically, unlike a corporate CEO, the head of council does not have the power to commit the municipality to anything unilaterally,” he noted in his report.
Four recommendations out of the inquiry were suggested changes to the role of mayor, which are now being addressed through the proposed changes to the procedural bylaw.
These changes include amending one section that the role of mayor is to demonstrate and provide leadership to council, including compliance with ethical policies and the code of conduct, as well as relevant bylaws and town policies.
It also includes adding provisions that the mayor should intervene when there is uncivil conduct at council/committee meetings or work-related functions, that the mayor should be involved in the hiring of the CAO, the mayor should work closely to collaborate with the CAO and should provide leadership to all of council in respecting the separation between elected members on council and staff.
Seven of the recommendations out of the inquiry were suggested changes to the role of CAO. Marrocco suggested that a separate bylaw be implemented for this purpose.
Suggested additions to the role of CAO include providing impartial and accurate advice to council, the authority to direct town staff and to lead and foster a “culture rooted in the highest ethical standards” for staff.
One other recommendation, of implementing a Whistleblower Policy, was passed by council back in October 2021.
Coun. Mariane McLeod asked that further clarifying wording be added to the CAO description.
“It’s not specifically parsed out that there’s a relationship between the CAO and council in that, you’re our one employee, and the only one we can hire and fire. That doesn’t seem to be mentioned in here,” said McLeod.
As of November 2021, CAO Sonya Skinner reported 215 of the 306 recommendations in the Collingwood Judicial Inquiry report had been completed. On Monday, clerk Sara Almas noted that more had been completed since then with changes to the procedural bylaw/code of conduct, changes to the lobbyist registry and the addition of a whistleblower policy.
At the end of discussion on Monday, Jeffery put forward a motion to refer the matter back to staff to seek independent legal advice, which was carried unanimously.
