In the turbulent wake of acrimonious charges and counter-charges in at least two of Durham’s councils – Town of Whitby and the City of Pickering – a call has been issued to the provincial government to make it easier for councils to remove members from office.
Both Whitby and Pickering have at least one councillor who is seen – rightly or wrongly – as a loose canon at council meetings, regularly questioning the strong mayoral powers and most other members and council decisions.
To make it easier to remove non-conformist council members, the Town of Whitby Council, in its meeting on April 21, has approved a motion calling for the province to amend Bill 9, the Municipal Accountability Act.
Reduce Votes Needed To Remove A Council Member
It wants the province to adjust the vote threshold for council to remove a member from office to a two-third majority, as opposed to a unanimous vote.
Bill 9 would allow the integrity commissioner of Ontario to recommend to a council that a member of council’s seat be declared vacant. This recommendation could only be made if a member of council has been found by both the local integrity commissioner and the integrity commissioner of Ontario to have committed a serious contravention of the code of conduct.
Bill 9 currently proposes that a council can only declare a member’s seat vacant if all members – other than the member subject to the inquiry – vote in favour.
Province Asked To Strengthen Sanctions For Serious Misconduct
Whitby Council also approved a motion requesting that the province strengthen sanctions for coercive or politically motivated misuse of office by municipal council members.
The Municipal Act and municipal codes of conduct establish ethical expectations for members of council, but provide limited sanctions – primarily reprimands, apologies, or temporary suspension of remuneration – through integrity commissioner processes.
The motion calls on the province to create enhanced sanctions for serious ethical breaches involving coercion, intimidation, or the misuse of office for political or personal advantage. This includes establishing a provincial investigative and adjudicative mechanism, independent of local integrity commissioners, to address allegations of conduct that may constitute abuse of power.
The motion notes the authority of this mechanism should include the ability to impose stronger penalties, such as temporary or permanent disqualification from holding municipal office, where findings of serious misconduct are made.
Councils seeking to remove elected councillors misunderstand the democratic process. Voters have chosen these councillors, and if they wish to re-elect them, their wishes should be respected.