Authority shifts to Town CAO and Treasurer
BY REBECCA LOTT Special to the VOICE
In what is shaping up to be the final days of office for sitting Pelham politicians, a Lame Duck council has been declared for the period of July 27 to October 22.
In a memo to the Mayor and council dated July 31, Town Clerk Nancy Bozzato stated, “It can be determined that less than three-quarters of the members of the outgoing council will return. We would have required six present members of council to have filed nominations for this council and we received five.”
This type of scenario is not rare at the end of a political term, and, according to the municipal act, authority swings more toward the CAO “in the absence of consensus.”
The Town Treasurer and CAO jointly become signing authority for the Town “outside the current budget, exceeding $50,000” and the CAO and Town Clerk can “execute any agreement of Purchase and Sale, which has a value exceeding $50,000.”
While this leaves Town Council with a little less political influence, it appears to be business as usual. Pelham is still very much represented by Mayor and council, however power and direction take a bit of a shift during the campaign period until the new council is sworn in.
The phrase Lame Duck was first named in the London Stock exchange in the eighteenth century. Literally, the term refers to a duck unable to keep up with its flock, therefore making it a target for predators. Lame Duck was not transferred to politics until 1863 when it referred to “broken down politicians.”
Political critics might argue this three-month interlude leaves a municipality rather vulnerable, but in 2006 the province ruled that nothing prevents a council from taking action in the case of an emergency.
Brock University Political Science Professor, Dave Siegel, says Lame Duck provisions are mandated for the right reasons.
“The lame duck provisions are in the legislation to prevent an existing council from tying the hands of the next council in some inappropriate manner,” he said.
“The new council will be responsible for the future of the municipality and it should not be fettered by actions taken at the last minute by a council that was on the way out. I think that it is a necessary provision that prevents an irresponsible council on its way out from engaging in activity that would restrict the discretion of the new council.”
When asked if it gives staff too much time without council direction, Siegel replied, “I don't see how it gives extraordinary discretion to staff.”
Siegel feels key decisions and progress can still be made during the three month wind-down period.
“It should not restrict the municipality from engaging in normal business affairs,” he said.
“For example, while the Lame Duck council cannot sell major assets or take on major liabilities, it can continue with actions which were approved in the previous budget. This would not restrict the council from moving forward with normal business that had been approved as a part of the normal operation of the municipality. It would prevent a council from dreaming up some last-minute scheme which would incur a major liability.”
Meetings and agendas continue to be lengthy, carrying on without any last-minute schemes.
As this council tries to finish what it started, the wheel keeps on turning for the taxpayer, who will be voting for a new council in the fall.
