The post of Treasurer carries legal responsibilities and liabilities. Management of the municipality's  funds are entrusted to his care.Failure of a Statutory Officer  to perform  is ultimately the responsibility of those who  make the appointment. The appointment is made by Bylaw. Only Council can adopt a  Bylaw.
The normal process to fill the post  is by public  competition. A  head-hunter can be contracted. The second method is  more expensive and not always  satisfactory though either  is acceptable to
assure the public  things  are being   done right. It is the only way to ensure a  lodge brother , a cousin, niece or nephew, best friend or friend of a friend  is not  being handed the job, qualified or not, or without satisfactory references.
In politics openness and transparency are touted as  virtue.Rightly so.  It is  not enough for things to be right. They must be seen to be right.
There is a ladder of accountability in municipal business   as elsewhere.  A Chief Administrative Officer  is the management team leader. There are only about a hundred in the  province.  The  post is not mandatory. The responsibility  is for  smooth and efficient operations. At staff level, he is  head honcho.He is only as good as those reporting to him.  He is accountable to Council.   The line between  political and administrative responsibility must be marked  and maintained.  Crossing it is not a wise move.
Councillors are individually accountable to  electors.... who    provide the resources to pay for  services. They have little to say about how much they will pay or how  money will be spent.  There should be  assurance  their hard-earned or  fixed income dollars  are  wisely,  honestly and legally managed.
The Treasurer's post  is mandatory.   Knowledge of  regulations on local  financial management
is essential. Municipal  policies and procedures are equally important. Failure on the part of a statutory officer to uphold provincial  law is an offense subject to prosecution. Neither Councillors nor the Mayor or  Chief Administrative Officer have authority to direct a statutory officer to act, except within the law.
No competition for the job was posted. No recruitment service was contracted. No recommendation was made  to council.   Councillors were  informed of the decision after the deed was done. We were informed an interim appointment had been made and   an individual  would  assume the post on April 1st.
There is neither rhyme nor reason  for an   interim appointment to this post.  Three months notice was provided by the current Treasurer. It was ample time   for  the normal process.
In my judgement, the arbitrary decision is invalid. The authority of Council was disregarded and disrespected. Apparently, neither  the Mayor  nor the Chief Administrative Officer are aware of the division of authority between council and the administration.Either that or they jointly made a conscious choice .
thanks for explaining
ReplyDeletenow I get it
Section 286 of Municipal Act states "A Municipality shall appoint a Treasurer", AND Section 5(1) states "The powers of a municipality shall be exercised by its Council".
ReplyDeleteI'm not a lawyer - but these two statements tell me that only Council has the authority to appoint a Treasurer, not a CAO and certainly not a Mayor acting unilaterally.