The Hamilton Spectator

Council may leave Skelly seat empty

Permission may be sought to leave Ward 7 seat vacant until October election

- MATTHEW VAN DONGEN mvandongen@thespec.com 905-526-3241 | @Mattatthes­pec

Council will debate asking the province for permission to leave Hamilton’s Ward 7 seat empty until the October election — despite a law requiring them to appoint a replacemen­t.

Four members of the city’s governance subcommitt­ee voted to bring the idea to council Wednesday and have the city solicitor report on the feasibilit­y of such a plea.

“We’re trying to be practical … and you don’t know until you ask,” said Coun. Lloyd Ferguson, who pitched making the request as an alternativ­e to appointing a temporary Ward 7 councillor for the handful of meetings remaining before the Oct. 22 municipal election.

Former ward councillor Donna Skelly was elected June 7 to represent the provincial riding of Flamboroug­h-Glanbrook for the governing Progressiv­e Conservati­ves. Her council seat became vacant by default when the election results were published in the Ontario Gazette late last Friday.

That means council has 60 days under provincial law to appoint a replacemen­t councillor — despite the looming election.

The subcommitt­ee was supposed to consider a motion made by Coun. Matthew Green earlier this month to solicit resident applicatio­ns to fill Skelly’s newly vacated seat, but council punted the motion for committee study instead.

The City of Toronto, for example, spent Tuesday morning allowing several residents to make a case to be appointed to fill a vacant seat for Ward 41. Afterwards, council voted in a six-round run-off that eventually narrowed the field to winner Miganoush Megardichi­an, a local lawyer.

No Hamilton committee member expressed support for the public applicatio­n process Tuesday, however.

Instead, members asked about a recent decision by the City of St. Catharines,

which opted earlier this month to flout provincial law and refuse to appoint a replacemen­t for outgoing Merriton councillor Jennie Stevens.

(That council, instead, voted to spend the salary savings on a fireworks display in the outgoing councillor’s ward.)

Ferguson and Coun. Doug Conley asked if Hamilton could also decide not to appoint — and what the consequenc­es would be, if they chose to ignore the law.

Hamilton city solicitor Nicole Auty said the law requires council to appoint a replacemen­t within the next 60 days. She said she couldn’t explain the rationale of St. Catharines for breaking the rules.

Auty said she has not explored whether the option to request a provincial exemption is “available or even practical,” given the time constraint­s on a decision, but added “you can always ask.”

The provincial Ministry of Municipal Affairs told The Spectator by email “there is no provision in the legislatio­n” to allow for an exemption request. But spokespers­on Rachel Widakdo also noted there is “no penalty” outlined in the legislatio­n for breaking the rules, either.

The subcommitt­ee voted to bring its recommenda­tion directly to council Wednesday night.

 ?? SCOTT GARDNER HAMILTON SPECTATOR FILE PHOTO ?? Former Mountain councillor Donna Skelly was elected June 7 to represent the riding of Flamboroug­h-Glanbrook.
SCOTT GARDNER HAMILTON SPECTATOR FILE PHOTO Former Mountain councillor Donna Skelly was elected June 7 to represent the riding of Flamboroug­h-Glanbrook.

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