What the outgoing council can't do until Nov. 15

Six of 11 people on Windsor's outgoing council return, by unofficial results. Ontario law draws the line at three-quarters, so until Nov. 15 the old council can't hire or fire staff or spend over $50,000 outside the budget.

Topics: Money and taxesCouncil and City Hall

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Six of the 11 members of Windsor's outgoing city council will sit on the new one, according to the City's unofficial election results. Under Ontario's Municipal Act, that puts limits on what the outgoing council can do until the new term starts Sunday, Nov. 15.

The rule

Section 275 of the Municipal Act, 2001 applies when a new council will include less than three-quarters of the members of the outgoing council. On an 11-member council, that means at least nine would have to return. After voting day, the count is based on the declared election results.

When the section applies, the outgoing council cannot:

appoint or remove an officer of the municipality;

hire or dismiss an employee of the municipality;

dispose of City property worth more than $50,000; or

spend or take on a liability of more than $50,000.

The property and spending limits do not cover items in the most recent budget council adopted before nomination day.

Who returns

Fred Francis, the Ward 1 councillor who is now mayor-elect, and five councillors who were re-elected: Frazier Fathers in Ward 2, Renaldo Agostino in Ward 3, Angelo Marignani in Ward 7, Gary Kaschak in Ward 8 and Kieran McKenzie in Ward 9.

What still works

The limits do not stop the City from acting in an emergency. Powers that council handed to staff or others before nomination day, Aug. 21, can also still be used. The outgoing council stays in office until its term ends, and the new council takes over on Nov. 15.

Windsor News will track any decisions made in this period on Council Watch.

Results remain unofficial until the City Clerk declares them official under the Municipal Elections Act.