THE MAYOR HAS A HIGHER HIERARCHICAL FUNCTION WITHIN THE COUNCIL
Myth or reality? It’s a myth.
Although the mayor generally, but not necessarily, presides over council meetings and he or she is responsible for monitoring and controlling the operation of the municipality, the role of a mayor is first and foremost to ensure that the decisions taken by the councilors – the resolutions and regulations adopted – are properly applied by the administration. The mayor also communicates to the municipal council all information useful or relevant to the improvement or progress of the municipality.
It is important to note that this communication must be done “to the municipal council”, and not within the framework of a private meeting or a caucus involving the councilors.
Obviously, the political power and influence of the mayor is very great. After all, he or she is the only person on the council who is elected by the entire population. That said, in the exercise of their functions, a mayor is at the service of his municipal council and must always report to the latter when he or she exercises one of the many powers conferred by law.
The mayor is indeed the executive head of the municipality, but he is not in a higher position.
THE MAYOR CAN BLOCK THE ADOPTION OF A COUNCIL DECISION
Myth or reality? It’s a reality.
The mayor can effectively veto and block a regulation, resolution, obligation or contract adopted by the municipal council. However, this veto is not permanent, it is temporary and only has a suspensive effect.
The council decision vetoed by the mayor must be re-presented, on an emergency basis, at the next council meeting. It is then submitted to a new vote. If adopted by the majority of council members at that second presentation of the item, the mayor’s veto falls and the council’s decision is final whether or not the mayor agrees with this decision.
The law specifically provides that the mayor is then required to sign the regulation, resolution, obligation or contract being voted on and that the refusal, where applicable, has no impact on the validity of the vote or decision. Thus, the municipality is bound by this decision even when the mayor maintains his or her refusal.
THE MAYOR ALONE DETERMINES WHO IS APPOINTED TO THE MUNICIPALITY COMMITTEES
Myth or reality? It’s a myth.
This is the case in many municipalities, often the mayor presents a list of people, members of the council or the public, to be appointed to the various city committees. And, often, people on this list will be named without much debate.
However, although the mayor can make recommendations and exercise a certain amount of influence in the composition of the municipality’s committees, it is up to the municipal council, by a majority vote, to appoint the members of the committees. This is not a discretionary power granted to a mayor.
This means that councilors can refuse to appoint the members suggested by the mayor and make their own suggestions.
The list of powers that can be exercised by the mayor, provided for in the law, is very long. However, it appears from a careful reading of the legislation that, in the vast majority of cases, the mayor is required to report to the municipal council on his administration.
When the respective roles and responsibilities of both councilors and the mayor are adequately performed, the municipal council is then truly functioning at it is meant to.
COUNCILORS ARE, DURING COUNCIL MEETINGS, ONLY ALLOWED TO VOTE.
Myth or reality? It’s a myth.
Although the main role of council members is to vote on the topics on the agenda, they can modify, even add, through motions presented and adopted, topics on the agenda.
Councilors also have, as provided for in our city’s by-law, the right to speak for up to 15 minutes on all subjects on the council’s agenda. This right to speak can be exercised after an item on the agenda has been proposed by a councilor and seconded by another member of the council.
It’s true, our by-law provides that council members can debate the topics on the agenda before voting on an item.
By adopting this by-law in 2005, the municipal council at the time put forward modalities that allowed greater transparency and much more active participation of council members; the objective was then clearly to have much more dynamic council sessions and enriching exchanges.
Sources: Guide d’accueil et de référence pour les élues et les élus municipaux – Juillet 2023 – MAMH : Guide d’accueil et de référence pour les élues et les élus municipaux (gouv.qc.ca)
Le manuel de l’élu(e) municipal(e), 8e édition, Me Joël Mercier, Wolters Kluwer, novembre 2021.
By-law BEAC-001 – By-law on the rules of conduct and on the regular meetings of the municipal council : Download (beaconsfield.ca)