Mayors Under Siege: Why Laws Must Change


Toronto Mayor Rob Ford is planning to appeal the recent judicial decision that ousted him from office for failing to obey one of the basic rules of municipal governance. In fact, during the hearing, he admitted never having read the Municipal Conflict of Interest Act, one of the key pieces of legislation that govern municipal politicians, even once during his decade on council.

Superior Court Justice Charles Hackland wrote a 24-page decision that called Ford’s  “wilful blindness” inexcusable, and said:

“It is difficult to accept an error-in-judgment defence based essentially on a stubborn sense of entitlement (concerning his football foundation) and a dismissive and confrontational attitude to the integrity commissioner and the ‘code of conduct’.”

Ford, of course, blames the “lefties” for his own failings. Coming out of court, Ford said:

“This comes down to left-wing politics. The left wing wants me out of here, and they’ll do anything in their power to (do that).”

Ford’s charge is merely a tawdry attempt to dissociate himself from his own responsibilities (and failings), and to attack his political opponents on the basis of party platforms. Partisan politics easily obscure truth and reality through such tactics. Party followers are more willing to believe the platform than the facts (as in the recent US presidential election where the Democrat candidate was labelled a “socialist” by the Republicans).

Ford’s churlish comment also became a much-repeated joke in the Twitter-verse, but on CBC radio, I also heard people interviewed on the street repeating the same inanity, as if the judicial system was hostage to left-wing politics because they found Ford guilty.

Ford timeline

Ford also commented,

“I’m going to fight for the taxpayers of this city like I always have. The calls are coming in fast and furious, telling me to fight it, telling me to run. I’ll never give up fighting for the taxpayers.”

No: Ford is fighting for his reputation and his political career. That is not a fight for the taxpayers (ask yourself which taxes are at risk by Ford’s absence). It is disingenuous to try to associate a personal battle with something for the greater good. The electorate is not fooled by it.

London Mayor Joe Fontana has been charged by the RCMP with fraud, breach of trust by a public officer, and uttering forged documents. He has refused to step down while the charges are investigated, despite attempts by London council to ask him to do so. A non-confidence vote – more symbolic than effectual – was passed by a committee and comes to the council table soon.

Fontana is innocent until proven guilty, of course. Unlike Ford, he didn’t try to blame others for his problems, and declared his innocence. And we should not automatically assume any guilt while the investigation continues. He did, however, refuse to step down until the legal process is completed:

“I’ve been given a mandate by the people of London. People call me every day saying they like the work I’m doing as mayor.”

The mandate given by an electorate is to serve the people, not serve personal or even party agendas. Every mayor has to live up to a higher standard than the electorate, and treat the office with respect and honour. The job comes with some serious responsibilities to act in a manner that reflects those expectations and upholds those standards. The mandate is not simply about taxes or promises: it is about leadership.

When the public feels that the mayor sullies the office, the mayor is seen as rejecting that mandate. Ford and Fontana are treating it like it is their right to stay on and continue, not a privilege granted by the electorate. They are separating themselves from those they are expected to lead and guide.

Ford was removed from the mayor’s chair by a judge because there is no mechanism in the Municipal Act for either a council, integrity commissioner, or the public to remove an elected politician from office outside the courts. Fontana cannot be removed, regardless of council’s vote (and council is only asking him to step aside (with pay) during the investigation, not resign) and the motion is simply symbolic. Fontana can legally ignore it.

These tales of mayoral woe pale in comparison with the ongoing revelations of kickbacks and corruption in Quebec that caused  Montreal Mayor Gerald Tremblay and Laval Mayor Gilles Vaillancourt to resign in the face of public outrage and police investigation. And today I heard that Winnipeg’s mayor, Sam Katz, faces his own conflict of interest challenge. Mayors are always in the spotlight and cannot hid from the media’s attention.

All of these are examples of poor judgment, arrogance, ignorance and often a misplaced sense of entitlement, these mayors act as if they were both above the law and above public expectations. What they fail to acknowledge by denying wrongdoing and blustering their own defence is that, although mayors only have one vote at the council table, they fill a role that is far more important than a simple councillor.

Mayors have symbolic power as the figurehead at the head of the table; they speak for the municipality. It’s not simply a ceremonial role; they are perceived in the public eye as being both the spokesperson and the role model for the entire community. And a mayor who loses the respect of the community can also polarize the community against the entire political and bureaucratic structure (as we discovered here, last term). The electorate loses confidence in the very process of governance when it loses confidence in its mayor.

What the Municipal Act lacks is any mechanism to either unseat or recall a municipal politician. Not even an integrity commissioner can do that – as in Ford’s case. Nor is there any method for a council to express non-confidence in a mayor or hold a mayor accountable for his or her acts. Voters cannot recall a municipal politician and only have the election to make a statement of displeasure. That’s a problem that can only be resolved by the provincial government putting some enforceable accountability into the act.

One thought on “Mayors Under Siege: Why Laws Must Change


  1. Related:
    http://www.torontosun.com/2012/12/02/many-mayors-face-serious-allegations
    and also:
    http://www.thestar.com/news/gta/article/1296582–change-sought-in-flawed-municipal-conflict-law

    More than a year ago, 27 changes to the act were recommended after the two-year Mississauga Judicial Inquiry, including lighter penalties that would have allowed Ford to stay in office, Swayze said.
    After the $7-million inquiry, Mississauga council requested the province take action to implement its recommended changes. Nothing has come of it.
    Currently, the act forces politicians to be removed from office if found guilty of a conflict and their actions deemed intentional.

    Even in his decision to remove Ford, Justice Charles Hackland essentially acknowledged he was working with a flawed piece of legislation, stating: “The mandatory removal from office for contravening s. 5(1) of the MCIA is a very blunt instrument and has attracted justified criticism and calls for legislative reform.”
    Municipal Affairs Minister Bob Chiarelli has said the government is already listening to municipalities as it conducts a wider review of the law — not just issues associated with the Ford ruling.
    “We won’t be expediting the review as a result of Justice Hackland’s decision,” Chiarelli said in a statement.
    “It’s also worth noting that this review is about the Act, in its entirety — it doesn’t focus specifically on the penalties associated with a local member being in conflict of interest.”

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