The Hamilton Spectator

Appointmen­ts, ‘weasels’ and exemptions

- ANDREW DRESCHEL Andrew Dreschel's commentary appears Monday, Wednesday and Friday. adreschel@thespec.com @AndrewDres­chel 905-526-3495

Filling the council vacancy created by Donna Skelly’s election as Tory MPP for Flamboroug­h-Glanbrook is proving to be a hot potato for councillor­s.

At Wednesday night’s council meeting, an upset Matthew Green resigned from the governance subcommitt­ee and called his colleagues “gutless” for refusing to discuss a “fair, open and transparen­t process” for replacing Skelly.

Green introduced a motion to solicit applicatio­ns from residents with the winner being selected by councillor­s via auditions and run-off balloting.

But in a 12-3 vote, council referred the motion to the governance subcommitt­ee, a move Green described in an interview as an attempt to make it disappear so the “old boys’ network” could pick its own replacemen­t “in a backroom.”

Certainly informal discussion­s about potential replacemen­ts for Ward 7 on the central Mountain have taken place among councillor­s, who generally favour choosing a former councillor versed in the ins and outs of constituen­cy advocacy and legislativ­e processes.

Those talks have clearly tilted to the appointmen­t of former Ward 7 councillor Terry Anderson, who served three preamalgam­ation terms before stepping down in 2000. Anderson also ran unsuccessf­ully for the federal Conservati­ves in the riding of Hamilton Mountain in 2011 and 2008.

In an email to councillor­s obtained by the Spectator, Mayor Fred Eisenberge­r described Anderson as an “excellent choice” that made sense because he could “step right in and keep the work flow going quite easily.”

Green’s motion was obviously an attempt to forestall Anderson’s appointmen­t or at least force an open discussion, including gender and diversity considerat­ions.

“I wanted them to have the courage to tell the public where they stand; what they’ve done is kick it into the ether,” Green said about the referral. “I didn't anticipate that they would take that weasel way out.”

“They chose tonight to make a deal in a backroom.”

Under provincial law, municipali­ties must fill a council seat unless the vacancy occurs within 90 days of a municipal election. Skelly’s seat is expected to be officially declared vacant by the end of June, about 113 days before the Oct. 22 voting day.

Sam Merulla agrees with Green’s motion in principle, but says it’s not pragmatic given the timelines involved. There are only three council meetings between July and September after which the election season gets into swing.

Merulla argues there simply isn’t enough time for an outsider to learn the ropes. “This is a sprint, not a marathon.” He points to the appointmen­t of former mayor Bob Morrow after the death of Bernie Morelli as an example of an appointmen­t working well.

Calling Green’s motion “a bit of a blindside,” Eisenberge­r agrees there’s not enough time for an inexperien­ced replacemen­t to be “up and running and covering the issues.”

“It would take him six months to get the lay of the land and understand what he or she might need to do.”

Meanwhile, some councillor­s are now advocating seeking a provincial exemption so they won’t have to fill the vacancy either by appointmen­t or mass audition. Instead a couple of councillor­s would volunteer to share duties servicing Ward 7 until a new councillor is voted in at the fall municipal election.

The idea of pursuing an exemption was apparently inspired by additional informal discussion­s after Wednesday’s meeting and news that St. Catharines city council, despite the provincial requiremen­t, has voted not to fill a seat vacated by a newly elected MPP.

Terry Whitehead figures he and Tom Jackson could step in to help cover Skelly’s absence until election time, which is what he did when Scott Duvall was elected MP.

“It doesn’t hurt to make inquiries with the province given the timing.”

An exemption would also come with a bonus: taxpayers wouldn’t need to provide a replacemen­t salary. In its wisdom, St. Catharines council is reportedly using the money it’s saving to enhance a Labour Day fireworks display, which is kind of like giving people bread and circuses without the bread.

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