Loading...
HomeMy WebLinkAboutLGS-024-23Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: September 11, 2023 Submitted By: Rob Maciver, Deputy CAO/Solicitor Reviewed By: Mary -Anne Dempster, CAO File Number: Report Number: LGS-024-23 By-law Number: Resolution#: GG-145-23 Report Subject: Strong Mayors Legislation — Impact on Clarington Recommendation: 1. That Report LGS-024-23, and any related delegations or communication items, be received; 2. That Staff bring forward updates to the Council -Staff Relations Policy E12, as it relates to the strong mayors powers, during a fuller review of the policy; and 3. That Staff bring forward the Procedural By-law amendments noted in Section 14 of this report, directly to a future Council meeting. Municipality of Clarington Report LGS-024-23 Page 2 Report Overview This report is intended to provide background and implications of the extension of strong mayor powers to additional municipalities, including the Municipality of Clarington. 1. Background Bill 3, Strong Mayors, Building Homes Act, 2022 1.1 On June 16, 2023, the Government of Ontario announced that changes were being made to Bill 3, including Regulation 530/22, to expand the strong mayor powers beyond the Cities of Ottawa and Toronto, to 26 other municipalities (with a population over 100,000 and signed on to the provincial housing pledge), including the Municipality of Clarington. 1.2 These changes became effective July 1, 2023. 1.3 The Mayor may exercise certain powers if it could potentially advance a prescribed provincial priority which are: 1.Building 1.5 million new residential units by December 31, 2031. 2.Constructing and maintaining infrastructure to support housing, including: i. transit, ii. roads, iii. utilities, and iv. servicing. 1.4 Bill 3 adds a new Part V1.1, "Special Powers and Duties of the Head of Council" to the Municipal Act, and some changes to the Municipal Conflict of Interest Act. 1.5 On August 21, 2023, the Province announced that, effective October 31, 2023, 211 more municipalities (with populations greater than 50,000 by 2031 and whose heads of 1 Complete list of municipalities with strong mayors powers can be found in the Province's Backgrounder, "Ontario Providing New Tools to Municipalities to Build More Homes Sooner", dated August 21, 2023. Available at https://news.ontario.ca/en/backgrounder/1003396/ontario- providing-new-tools-to-municipalities-to-build-more-homes-sooner Municipality of Clarington Report LGS-024-23 Page 3 council are committed to a provincially assigned housing target) would have expanded strong mayor powers. Bill 39 — Better Municipal Government Act, 2022 1.6 Among other matters, this Act authorizes the Mayor to introduce certain by-laws that would require more than one-third of the members of Council to pass, rather than a majority. 2. Strong Mayor Powers and Duties - General 2.1 Strong mayor powers and duties include: • Proposing and adopting the municipality's annual budget subject to Council amendments, a Mayoral veto, and a Council override process. • Ability to veto certain by-laws passed by Council. • Power to hire, dismiss, or exercise any other prescribed employment powers of various senior managers, including the CAO and various heads of any part of the organizational structure. NOTE: As of the writing of this report, there are no other "prescribed employment powers". • Power to determine the organizational structure of the municipality. • Power to establish or dissolve prescribed committees. o Prescribed committees consist solely of members of council. • Power to appoint chairs and vice -chairs of prescribed committees and local boards. • Ability to require Council to consider a matter at a meeting. • Ability to require Council to consider and vote on a by-law at a meeting. • Authority to direct employees to undertake research and provide advice to the Mayor and the municipality, in certain circumstances, and to carry out duties to implement those decisions. 2.2 Council may override the mayor's veto of by-laws or budget amendments with a two- thirds majority vote and the Mayor is permitted to vote. 2.3 The Acting or Deputy Mayor does not inherit the Special Powers and Duties under Part V1.1. 2.4 Any decision made, or power exercised, by the Mayor cannot be quashed or judicially reviewed for unreasonableness if made legally and in good faith. 2.5 See Attachment 1, Powers and Duties of the Mayor: A Summary. Municipality of Clarington Report LGS-024-23 3. Delegation of Authority 3.1 The Mayor may delegate the following powers and duties: Power / Duty May delegate to: Chief Administrative Officer (CAO) Council Organizational Structure Council or CAO Local Boards Not yet prescribed Committees Council Page 4 3.2 Implication — See the "Chief Administrative Officer", "Organizational Structure", and "Boards and Committees" sections below. 4. Mayoral Decisions and Mayoral Directives 4.1 Mayoral Decisions are records of decisions made by the Mayor regarding governance and policy. 4.2 Mayoral Directives are records of directions made by the Mayor and given to Staff to do research and preparation on an item under Section 284.3 of the Act. 4.3 Mayoral Decisions and Mayoral Directives can be revoked and replaced by other decisions/directives. 4.4 When exercising a power or performing a duty under Part V1.1, the Mayor is required to do so in writing and provide a written record to each member of council and to the Clerk. The records are also required to be made available to the public, subject to the Municipal Freedom of Information and Protection of Privacy Act. How the records are made available to the public is not further described; however, other jurisdictions have created an online repository on their website. 4.5 For context, the following is a summary of the types of Mayoral Decisions that has taken place in the City of Toronto and the City of Ottawa as of July 19, 2023: Municipality Approve By-laws Establish Committee/Chairs Organizational structure and Employees Delegation Budget Toronto (19) 9 2 5 2 1 Ottawa (23) 18 0 0 4 1 Municipality of Clarington Report LGS-024-23 Page 5 4.6 Implications — The Mayor has chosen to routinely disclose the records and a municipal webpage has been created for the "Strong Mayors related documents". This will allow members of the public to subscribe to the page for updates, which will be "pushed out" to subscribers as each directive and decision is added. Mayoral Decisions and Mayoral Directives have been created in their own template, with a numbering scheme. The Mayor will forward the documents to the Municipal Clerk's office for numbering and adding to the website. This recognizes it as an official document and avoids the use of informal forms of communication such as emails. This approach will also be used as the authority for repealing or amending by-laws, or for court proceedings, and will be easier to access for the general public. 5. Veto Power — By-laws 5.1 The Mayor's veto powers apply to the following types of by-laws: a) the Municipal Act, and the regulations, other than under any prescribed section; b) the Planning Act and its regulations, other than any prescribed section; and c) any other prescribed Act or regulation or prescribed section of an Act or regulation. Ontario Regulation 530/22, section 5(2) includes by-laws under section 2 of the Development Charges Act, 1997. 5.2 This will apply to "Director -approved by-laws" as well, since it is a delegated Council authority, it is considered a "Council by-law". 5.3 The following is illustrated in Attachment 2, Strong Mayors "Veto Scenario". 5.4 If the Mayor is of the opinion that all, or part, of a by-law could potentially interfere with a prescribed provincial priority, the Mayor may veto the by-law by providing to the Clerk, on the day of the veto, a written veto document that includes the reasons for the veto. 5.5 The Mayor is required to provide the intent to veto a by-law on, or before, two days after the day Council voted in favour of the by-law. If the Mayor has provided intent to veto, the Mayor then has 14 days from the day Council voted in favour of the by-law to veto it. The Mayor may also approve the by-law in writing within these timeframes or allow the time to lapse which would result in the by-law being passed. 5.6 The Mayor can veto the by-law in the same meeting that it was passed, provided the veto is in writing. 5.7 The Municipal Clerk is required to provide the veto document to the Members of Council by the next business day after it is received and make the written veto document available to the public. Municipality of Clarington Page 6 Report LGS-024-23 5.8 If the Mayor vetoes a by-law, it will be noted on the agenda and minutes when the minutes of the meeting are brought forward for adoption. 5.9 Within 21 days of receiving the veto, Council can override the veto with a 2/3 vote and the Mayor may vote on the override. A Special Council meeting would need to be called for Council to decide on the override. The Procedural By-law provides that a special meeting may be called by the Mayor or a majority of the Members. 5.10 A by-law is deemed passed: a) If notice is given by the Mayor of their intent to veto the by-law, the earlier of, o the day written approval from the Mayor is given, and o 14 days after Council voted in favour of the by-law. b) If notice is not given, the earlier of, o the day written approval of the by-law is given by the Mayor, and o two days after the Council voted in favour of the by-law. 5.11 Implications — Staff will add an annotation to the by-laws indicating when Council voted in favour of the by-law and when written approval/veto was given by the Mayor (including the Mayoral Decision number). Given that the two-day waiting period adds to the notice period for planning matters, including "Director -approved by-laws", the Planning and Infrastructure Services Department will need to provide at least a week's notice, to the Municipal Clerk and the Mayor, of upcoming by-laws of this type. Mayoral Decision templates for approving and vetoing a by-law have been developed and will be presented to the Mayor at the time of signing the by-laws. The Mayor also has veto powers related to the budget. For more information see the budget section below. Municipality of Clarington Report LGS-024-23 6. Chief Administrative Officer Page 7 6.1 The Mayor has been assigned the powers of the municipality under section 229, which are to appoint a chief administrative officer. The Mayor may delegate this power only to Council. 6.2 Implication — The Mayor has decided to retain the authority to appoint a CAO. 7. Organizational Structure 7.1 The Mayor has been given the power to determine the organizational structure including hiring, dismissing, or other prescribed employment powers regarding the "head of any division or the head of any other part of the organizational structure". There are exemptions for specific statutory officers. See Attachment 3 for the list of exemptions. However, the organizational structure remains the same unless the Mayor makes a change. 7.2 Implication — The Mayor has delegated this authority back to the CAO, including the CAO's ability to sub -delegate. 8. Direction to Staff 8.1 The Mayor has been given the authority to direct staff to: • undertake research and provide advice to the Mayor and the municipality on policies and programs of the municipality or of the Mayor as they relate to the powers and duties under Part V1.1 — Special Powers and Duties of the Head of Council; and • carry out duties related to the exercise of the power or performance of the duty, including implementing any decisions made by the Mayor under Part V1.1. 8.2 Examples include working on the budget, changing the organizational structure, etc. The direction must be provided in writing and must be available to the public. Any direction to staff must be provided to the Clerk and Chief Administrative Officer by the next business day. 8.3 Implication — Similar to the Mayoral Decisions, the Mayoral Directions will be added to an online repository. Municipality of Clarington Report LGS-024-23 9. Boards and Committees Page 8 9.1 The Mayor has the authority to establish and dissolve prescribed committees, assign them functions and appoint the chairs and vice -chairs of prescribed local boards and committees. Currently, prescribed committees are those that consist solely of Members of Council. Council retains the power to establish committees composed of at least one non -Councillor (i.e. an advisory committee). 9.2 The power to appoint chairs and vice chairs of local boards depends on the regulations and no regulations have been made — therefore the power remains dormant. 9.3 Implication — This impacts only the General Government Committee and, the Planning and Development Committee. The Mayor has chosen to maintain the status quo as it relates to these Committees. 10. Considering Matters and By-laws at Meetings 10.1 The Mayor may require Council to consider a matter that could advance a prescribed provincial priority. This means that the Mayor can bypass the Procedural By-law regarding notice requirements, agenda deadlines, and reopening rules. Once the matter is before Council, Council may do with it, whatever they feel is appropriate and within their power. 10.2 The Mayor may propose By-laws under the Municipal Act, the Planning Act, and any other prescribed Act or regulation or prescribed section of an Act or regulation and require Council to consider and vote on the proposed by-law at a meeting. The Mayor is required to provide the Clerk and every Member of Council with a copy of the by-law and the reasons for the proposal, which will be provided by a Mayoral Decision. This type of by-law is passed if more than one third of the Members of council vote in favour. 10.3 As the Mayor can require Council to consider and vote on a by-law and requires only one-third of the Members of Council to pass the by-law, Council do not have the option to amend the by-law. However, the Mayor could retract the by-law, amend it, and re- introduce the by-law as there are no timelines expressed in the legislation. The Mayor would have to provide a copy of the by-law and the reasons for the proposal to the Clerk and each Member of Council. 10.4 Staff believe that the new provisions do not relieve the Mayor from following the notice, open house, and hearing provisions of the Planning Act. Municipality of Clarington Report LGS-024-23 Page 9 10.5 If the Mayor intends to exercise the power to introduce a matter or by-law, Staff recommend that the Mayor issue a Mayoral Directive first, directing Staff to do the required research on the by-law or matter, and then, once complete, issue a Mayoral Decision to propose it to Council. This will allow thorough research to be conducted and will assist the Mayor in drafting any proposed matters or by-laws. 10.6 Implication — Staff have developed Mayoral Decision templates for the use of the Mayor for both bringing forward a matter and a by-law. Staff will also develop wording to identify matters and by-laws on an agenda brought forward by the Mayor, which may result in making changes to the Procedural By-law. 11. Budget Preparation of the Budget 11.1 The powers and duties of the municipality, with respect to proposing, and adopting a budget are assigned to the Mayor. 11.2 The Mayor cannot delegate the duty to prepare the budget. The budget must be provided, by the Mayor, prior to February 1 st each year. Failing that, Council is responsible for preparing and adopting a budget. Council retains the powers to pass the user fee by-law. 11.3 If the Mayor is prohibited, by the Municipal Conflict of Interest Act, from using the power and exercising the duty under section 284.16(2) regarding the preparation of the budget, Council may pass a resolution to amend the budget and the Mayor may not veto the resolution. 11.4 Attachment 4 illustrates the following steps in a "budget scenario". 11.5 After receiving the proposed budget from the Mayor, Council may, within 30 days, pass a resolution making an amendment to the proposed budget. 11.6 If Council makes an amendment the Mayor may veto the resolution within 10 days of the end of the 30-day period. The Mayor is required to provide the veto to each member of Council and to the Clerk, including the reasons for the veto. 11.7 Council may override the Mayor's veto, with a two-thirds majority vote, within 15 days of the expiry of the veto period. The Mayor may vote on the override. 11.8 The Mayor or the Council may shorten the time periods noted above. 11.9 After the expiry of the time period for council to override the Mayor's veto, the proposed budget is deemed to be adopted by the municipality and does not require a vote of Council. Municipality of Clarington Report LGS-024-23 Page 10 11.10 Implication — Staff have prepared templates for Mayoral Decisions for a veto of a Council resolution amending the proposed budget. 11.11 The following is an example of the planned budget timing in Clarington, using the 2024 budget schedule, which would meet the required timeframes: • November 13 — Budget distributed to Members of Council, as a pre-release. November 22 — Publication (in the form of the budget for the November 27'" meeting) of the budget to each member of Council, the Clerk and the public, which meets the requirements for the Mayor to propose the budget. The 30- day time limit for Council to propose amendments to the budget begins. Council may shorten the 30-day time limit. • November 24 — Budget Presentations by Agencies and Deputy CAO/Treasurer (Special General Government Committee meeting). • November 27 — Presentation of the budget by the Mayor at the Special Council meeting. Council may make amendments to the budget. • December 18 — last Council meeting of the year — Council can make amendments to the budget if the time limit has not been shortened on November 27. • December 22 — 30-day deadline for Council to make amendments to the budget if the deadline has not been shortened by Council. If Council did not make any amendments to the budget, it shall be deemed to be adopted by the municipality the following day (December 23). This would be the first possible day the budget could be deemed adopted. January 2 (January 1 being a holiday, the Legislation Act requires the deadline to be extended to the next day that is not a holiday) — if Council made amendments to the budget prior to December 22, this is the 10-day deadline (after the 30-day period) for the Mayor to veto any amendment(s). The Mayor may shorten the 10-day time limit. If the Mayor does not veto the amendment(s), the proposed budget shall be deemed to be adopted by the municipality the following day (January 3). This would be the second possible day the budget could be deemed adopted. January 17 — 15-day deadline for Council to override the Mayor's veto by a two-thirds vote of the members of Council (5 of the 7 members) if the deadline has not been shortened by Council. The Mayor may vote on the Council override of the veto. Municipality of Clarington Report LGS-024-23 Page 11 • January 18 — If all of the actions described above have been utilized (Council amendments, Mayor veto, Council override) without any of the time limits being shortened, the budget is deemed to be adopted by the municipality on this date (after the expiry of the time period for Council to override the Mayor's veto). In -Year Budget Amendments — Requiring an Additional Levy 11.12 For the purpose of raising an additional levy (i.e. general local municipality levy or a special local municipality levy), the Mayor may prepare an in -year budget amendment, by providing the proposed budget amendment to the Members of Council, the Municipal Clerk, and the public. 11.13 Within 21 days after receiving the proposed budget amendment, Council may pass a resolution to amend the proposed budget amendment. In the absence of a resolution, the budget amendment is deemed adopted after 21 days. Council may also pass a resolution to shorten the 21-day period, which would result in the budget being deemed to have been adopted at that time. 11.14 If Council amended the budget, within five days after the 21-day time period for Council to make an amendment, the Mayor may veto the amendment made by Council by providing each member of Council and the Clerk the written veto document and the reasons for the veto. The Mayor may also shorten this five-day limit. If the Mayor does not veto the amendment, it is deemed to be adopted by the municipality. 11.15 If the Mayor vetoes the amendment, Council may override the Mayor's veto by a vote of two-thirds of the Members of Council, within ten days after the five-day time period for the Mayor to veto the amendment. Council may shorten this time limit. The Mayor may vote on the Council override of the veto and may also shorten the 10-day time limit. 11.16 After the expiry of the time period for Council to override the Mayor's veto, the proposed budget amendment is deemed to be adopted by the municipality. Budget Policy 11.17 The Deputy CAO/Treasurer is reviewing the Budget Policy which will need to be updated to reflect the Strong Mayor Powers. 11.18 Implications -The Deputy CAO/Treasurer will be bringing the recommended changes to the October General Government Committee meeting. Municipality of Clarington Report LGS-024-23 12. Vacancy of the Mayor Page 12 12.1 Amendments were made to eliminate the option of appointing a Mayor on or before March 31 of an election year, if the Mayor's office becomes vacant, and instead a by- election would be required. 12.2 If the vacancy of the Mayor occurs after March 31 in an election year, the municipality shall fill the vacancy by appointing a person who has consented to accept the office if appointed. In this case, the municipality is deemed not to be prescribed for the purposes of Part V1.1 of the Act for the remainder of the term of the appointed Mayor. Therefore, the appointed Mayor cannot exercise the strong mayor powers as they do not apply to the Municipality during that period of time, and those powers are exercised by Council. 13. Municipal Conflict of Interest Act (MCIA) 13.1 The MCIA is amended by adding section 5.3, which is specific to the Mayor and their powers under Part V1.1 of the Municipal Act. 13.2 If the Mayor has any pecuniary interest and has a power or duty under Part V1.1 (except the power to delegate in section 284.13), the Mayor shall disclose the interest in the matter by filing a written statement, including its general nature with the Clerk; shall not use the power or exercise the duty; and shall not use their office in any way to attempt to influence any decision or recommendation of the municipality. 13.3 The requirements within Section 5.3 of the MCIA do not include the power to delegate in subsection 284.13 of the Municipal Act. This allows the Mayor to delegate those powers if they have a pecuniary interest. It does not allow the Mayor to use the powers, just to delegate them. 13.4 The Mayor is also prohibited from using any power or exercising any duty related to the budget if they have a pecuniary interest. For more information see the budget section above. 13.5 Implication — Any declarations from the Strong Mayor powers will be included in the existing online declaration of interest registry. Municipality of Clarington Report LGS-024-23 14. Procedural By-law Page 13 14.1 A Procedural By-law amendment will be proposed to clarify the Mayor's power to introduce a matter that could potentially affect a prescribed provincial priority and require Council to consider the matter, regardless of the Procedural By-law. 14.2 Although Bill 3 provides provisions for council to override a Mayoral veto, there is no guidance on how Council does so, i.e., how does one or more Members of Council put forward a motion before Council within the prescribed timeframe. 14.3 To handle this situation, Staff are proposing a draft procedural by-law amendment whereby if there is a Council meeting (not a Standing Committee) scheduled within the timeframe, a Councillor can put the proposed override resolution on the agenda for consideration. 14.4 If there is no meeting scheduled within the timeframe, and the Mayor is not willing to call a Special Council meeting, the procedural by-law provisions for the calling of a special meeting by a majority of members prevails. 14.5 Additionally, the above -noted (Section 10) change related to "matters and by-laws proposed by the Mayor". 15. Delegation of Authority By-law 15.1 There are two areas that affect the delegation of authority by-law: the Mayor's ability to delegate some of the strong mayors powers, and the mayoral directives. 15.2 Implications - Staff are currently reviewing the delegation of authorities within Clarington and will be bringing forth the comprehensive review in coming months. Staff will include the above notes regarding delegations, but specific mayoral delegations will not be itemized (they will remain with all the mayoral decisions on the website). 16. Purchasing By-law 16.1 The Deputy CAO/Treasurer is reviewing the Purchasing By-law, as part of a regular review. The implications of the Strong Mayors powers will be considered and may include minor grammatical changes to reflect budget responsibilities. 17. Council Code of Conduct 17.1 The Council Code of Conduct was already under review by Staff and the Integrity Commissioner, in conjunction with Durham Area municipalities. If there are any changes required, as a result of the Strong Mayors powers, they will be incorporated in the review and presented at a later date. Municipality of Clarington Report LGS-024-23 18. Council -Staff Relations Policy Page 14 18.1 The requirement within the Council -Staff Relations Policy (Policy E12) that every Member of Council acknowledges that Staff operate in accordance with the decisions of Council and not any individual Member, no longer applies to the Mayor, who can now direct Staff. 18.2 Implications - Staff are recommending that the Council -Staff Relations Policy (Policy E12), approved by Council on February 25, 2019, be amended to add the change to reflect the strong mayors powers. This policy is slated for a review to be converted to the new format, etc. and this change will be noted at that time. 19. Other Matters to be Determined 19.1 It has yet to be determined whether any of the Strong Mayor Powers are affected by the "Restricted Acts After Nomination Day" (lame duck) provisions within the Municipal Act. 19.2 If the office of the Mayor becomes vacant after exercising any veto power, but before the statutory process is complete, it has not been determined whether the veto still applies. 20. Financial Considerations 20.1 There are no direct financial considerations from the adoption of the Strong Mayor Powers. The considerations are mainly procedural in nature. 20.2 Financial considerations would be dependent on the degree to which, if any, the Mayor's directives vary from Council's and cannot be quantified at this time.. 21. Concurrence This report has been reviewed by the Deputy CAO/Treasurer who concurs with the recommendation. Municipality of Clarington Report LGS-024-23 22. Conclusion Page 15 It is respectfully recommended that Council receive this report for information and consider the changes to policy and the Procedural By-law when Staff bring them back. Staff Contact: June Gallagher, Municipal Clerk, 905-623-3379 ext. 2102 email = jgal lag her(a-)-clarington.net and John Paul Newman, Deputy Clerk, 905-623-3379 ext. 2103, email = inewman(aclarington.net. Attachments: Attachment 1 — Summary of the Powers and Duties of the Mayor Attachment 2 — Strong Mayors "Veto Scenario" Attachment 3 — List of Exempted Positions Attachment 4 — Strong Mayors "Budget Scenario" Interested Parties: There are no interested parties to be notified of Council's decision. Clar*mn Attachment 1 to Report LGS-024- Special Powers and Duties of the Mayor under Part V1.1 of the Mur11LANa1 P%L L PrescribedPowers to Advance Provincial Priorities: Bring to Council matters that advance the prescribed provincial priorities. • Bring to Council, and require Council to consider and vote on, Municipal Act, Development Charges, and Planning Act by-laws that advance the prescribed provincial priorities and pass if more than one-third of Members vote in favour. Power does not apply to the Procedural By-law. • Veto (within 2 days of passing) Municipal Act, Development Charges, and Planning Act by-laws that interfere with prescribed provincial priorities. (Council can override by 2/3 vote) • Powers cannot be delegated. • Appoint and dismiss CAO. • Hire and dismiss division heads (excluding prescribed list). • Determine the organizational structure. • Establish prescribed committees and assign their functions. • Appoint chairs and vice chairs of prescribed committees. • Powers can be delegated. • Duty to prepare the budget and present it to Council before February 1. • Duty reverts to Council if the Mayor fails to present a budget by February 1. • Power to veto amendments made by Council (subject to Council override by 2/3 vote). • Budget is "deemed to be adopted" based on timeframes, not "approved by Council". • Duty to present in -year budget amendments only if a supplementary levy is required. • Duty cannot be delegated, only forfeited. • Mayor is required to exercise these powers in writing and give notice to the Clerk. • Mayor may give direction to staff and it must be in writing and, by next business day, give notice to the Clerk and CAO. • Mayor must declare an interest under Municipal Conflict of Interest Act when exercising these powers outside of a meeting context. • Municipality must maintain a public registry of declared interests. • In case of vacancy, powers transfer to a newly elected Mayor, but not to an appointed or Deputy Mayor. on 3rd Attachment 2 to Report LGS-024-23 Strong Mayors Powers — Veto Scenario Council passes by-law or Director approves by-law Written Notice No of intention to I consider veto Lapsed Deerr ed on 15th Day Direct proval Not apsed Mayor's approval of by-law Deeed on sa e day Deemed Y on same day By-law deemed passed Approval M Direct V Mayor vetoes by - Veto law and provides to Clerk, on day of veto Clerk provides veto to Members of Council & public, by next business day Attachment 3 to Report LGS-024-23 List of Exempted Positions 1. The Clerk or Deputy Clerk. 2. A Treasurer or Deputy Treasurer. 3. An Integrity Commissioner. 4. An Ombudsman. 5. An Auditor General. 6. A registrar, as described in section 223.11. 7. A chief building official, as defined in the Building Code Act, 1992. 8. A chief of police, as defined in the Police Services Act. 9. A fire chief, as defined in the Fire Protection and Prevention Act, 1997. 10. A medical officer of health, as defined in the Health Protection and Promotion Act. 11. Other officers or heads of divisions required to be appointed under this or any other Act. 12. Any other prescribed persons. Attachment 4 to Report LGS-024-23 Strong Mayors Powers — Bud et Scenario Before ebruary 1 sty Budget deemed adopted after 30 days or Council shortens the 30 days Budget deemed adopted, as amended, after 10 days or Mayor shortens the 10 days No — did not obtain 2/3 Budget deemed adopted after 15 days or Council shortens the 15 days Within 10 days after 30-day time period (unless shortened) Within 15 days after 10-day time period (unless shortened) Yes - Jbtained 2/3 vote Budget deemed adopted, as amended, after 15 days or Council shortens the 15 days