Rowswell memo to City Council, January 6, 2001

The following is a confidential memorandum sent by Mayor John Rowswell to City Council on January 6, 2001.

**************************************************************** THE CORPORATION OF THE CITY OF SAULT STE. MARIE

2001 01 06

Privileged and Confidential

Memo to Councilors:

I am in receipt of a letter dated 20 December, 2000 from our CAO, Mr. Fratesi, which I believe warrants our discussion and a written response.

In reviewing the letter, I became concerned with the tone, the content and some of the comments which I know were taken out of context.

Accordingly, I sought both legal advice and procedural advice.

With respect to legal advice, I sought the advice Jack Braithwaite of Sudbury and met with him on Thursday, January 4, 2001.

His summary and recommendations are given in the letter attached.

I must emphasize that both this and Mr. Braithwaite's letter be held as privileged and confidential to the council only, as indicated.

Any discussion of its contents outside the council and/or Mayor's office would prejudice and compromise our elected mandate.

With respect to procedural advice, I met with Mayor Jack Burrows, North Bay, and talked to Mayor Jim Gordon, Sudbury on Wednesday, January 3, 2001.

In addition to our discussion of ONTel, Transpolar Air Cargo, I sought some clarity on how the Mayor's office and Council function with the CAO.

I was advised that the Mayor and CAO rarely communicate by memos. Memos are used for major matters for record purposes.

The CAO generally anticipates the Mayor's needs and provides the needed support.

I was also advised that although the Mayor will keep the CAO informed on various matters, the Mayor will deal with all staff on whatever he needs to carry out his responsibility in compliance with the Municipal Act.

Resolutions to council for council approval to request information on matters the Mayor believes is important for the good government of the municipality are none existent.

In light of the above, you can appreciate my concern regarding the CAO's insistence on having resolutions passed by Council duly authorized with time components before the CAO and staff will entertain following our direction.

I am concerned that such an approach would be both cumbersome and dysfunctional.

We would become so muddled in memos and resolutions that a healthy work environment for growth would not be achieved.

Accordingly, I believe it is necessary that we in caucus discuss the opinion letter from legal counsel regarding the Fratesi letter.

I have read the opinion letter and believe it will generate important discussion as well as direction to the council as employers.

I further believe from our discussion that we should also entertain the idea of engaging the services of a management consultant.

Enclosed, please find all the background information referred to in the Fratesi letter.

I look forward to your comments.

John Rowswell, MAYOR