Nearly one year ago, on Jan. 12, 2023, council declared the mayor’s seat vacant. Council has known for almost one year, an appeal decision would be arriving. It arrived Dec. 15 and the citizens are still not informed what the process will be to fill the vacancy.
What happened and what are council’s options?
Background
Seat ‘declared vacant’
The seat was declared vacant by a motion of council at a special council meeting, Jan. 12, 2023, Acting Mayor Andrew Wannan requested that the Municipal Clerk read the motion.
Clerk: “Whereas Section 262.1 of the Municipal Act states, if the office of a member of council becomes vacant under section 259, the council shall, at its next meeting, declare the office to be vacant.”
The clerk continued, “Therefore, be it resolved, that council declares the seat of Head of Council vacant as of Thursday, January 12th, 2023, pursuant to the decision of Justice Rasaiah.”
All councillors were present. The motion passed unanimously.
The Municipal Act specifies “Within 60 days after the day a declaration of vacancy is made […] the municipality shall, (i) appoint a person to fill the vacancy […] or (ii) pass a by-law requiring a by-election be held to fill the vacancy,” Municipal Act 263.5(1) i, ii.
The case was heard in 2021. Why did it take so long for a decision?
The long-awaited decision from the Superior Court of Ontario in the Patrie conflict of interest case was delivered Jan. 9, 2023. It had been heard on Aug. 12 and 13, 2021.
Normally, a decision is delivered within six months. That is a requirement under the Court Services Act - unless a judgment is reserved, and an extension granted. This fell through the cracks. According to a letter from the regional senior justice dated Dec. 5, 2022, the decision was not recorded as reserved by the Court Services Division of the Attorney General’s office. It was not being tracked.
Speaking at a council meeting Oct. 11, 2022, two weeks before the election, Patrie suggested another reason to the council and public, “Yes, I don’t have a ruling. My lawyers have explained to me the reason I don’t have a ruling is because we have asked some very hard precedent-setting questions.”
The Dec. 5 letter from the regional senior justice advised, “I met with Justice Rasaiah on November 18, 2022, to discuss this case. I am told that the evidence in the case consists of over 2,000 documents, all of which Justice Rasaiah feels compelled to review given the nature of the case.”
When the decision did arrive, it was over 16 months after the hearing. During that time, an election occurred. And without the benefit of knowing what the decision would be, Elliot Lake electors had voted Chris Patrie for mayor, Oct. 24, 2022.
Decision received 16 months after hearing. Almost three months after election
The decision, received almost three months after the election, was against Patrie. It found him in violation of two sections of the Municipal Conflict of Interest Act (MCIA) and determined that he should be removed from office for a period of two years. The decision is on the city website here.
Less than three hours after the decision arrived, an already scheduled council meeting was held at 7 p.m. at city hall. (Then) Councillor Wannan informed the public, “I’d like to announce today that we have received a ruling concerning Mayor Patrie’s Integrity Commissioner’s Conflict of Interest complaint. Based on the ruling, Mayor Patrie will not be attending tonight.”
Wannan continued, “He sends his regrets and wishes to inform you all that he will be applying tomorrow for a stay of proceedings and will be filing an appeal. It is our duty as your elected council to continue with tonight’s meeting. Despite the setback, we give Mayor Patrie and his wife, Kelli, and family, our full support through this process.”
City agrees to delay filling mayor’s seat
On Feb. 6, 2023, Patrie’s lawyer filed a notice with the court requesting the City take no further steps to fill the vacancy until an appeal was heard. The City and Integrity Commissioner were in agreement with the request. It was accepted by the court. It is here.
Appeal decision received Dec. 15
On Dec. 15, the Divisional Court delivered its appeal decision. All eight of Patrie’s points of appeal were rejected by the three-justice panel. Story here.
A report to council from the Director of Finance and Treasurer, Dec. 20, 2023, reported that the IC legal costs to date to the City for Councillor Patrie, this calendar year alone, were $238,560.
The court decision informs that the City and Patrie agreed that the loser would pay the winner $12,000.
It appears, Elliot Lake taxpayers can expect to pay the difference, which is still accumulating.
A City news release Dec. 18 stated: “The city will recover more than $100,000 from Mr. Patrie to cover its costs in both legal proceedings.” A report to council on Wednesday, Dec. 20, revealed that Patrie-related IC costs-to-date are $599,094. The $238,560 is included in this amount. Story here.
More legal advice
On Dec. 20, council held a special meeting including a closed session to receive legal advice. When they emerged, Wannan informed the public, “So, in regard to item 6.1, we had a fairly lengthy discussion with the city solicitor, and we have given direction. And that’s all I can say at this time.”
Council has known for more than eleven months that an appeal decision would be coming but was not prepared to decide how it would fill the vacancy.
What are council’s options to fill the mayor’s seat?
According to the Municipal Act, the council can fill the vacancy by appointment or they can call a by-election.
If council chooses to appoint, a common practice respecting the will of the voters is to appoint the runner-up candidate. Council could also appoint from the sitting councillors or any other eligible Elliot Lake voter.
The council is receiving advice but the citizens remain uninformed. Has council inquired with the city solicitor - If the newly appointed mayor resigns next January, could the council appoint Mr. Patrie when his two-year disqualification expires?
Citizens of Elliot Lake seem to want a by-election
A recent poll on ElliotLakeToday received 432 responses.
Of the defined choices, an appointment from council is the citizen’s least desired choice.
Yesterday afternoon, ElliotLakeToday reached out to Acting Mayor Wannan for any additional information or comment the council may wish to provide. There was no response by the time of publication.