Saturday 20 December 2014

Municipal Residency Requirements for Municipal Employees

On December 19th our CAO received this email.

"Good morning Bernie
I have a question for yourself. It is a more personal question and do not expect you to respond politely however this question is something that is  on many residents minds and is something that many residents are bothered by.
As the cao of the town of Kindersley do you not believe you should be required to live in our community? As someone who has as much decision making ability due to the carver system any decision you advise council on will not directly affect you as you don't live  in the community and are not effected by tax increases or how the town spends it's funds.
Do you have intentions of moving to the community in the near future and putting your money ( taxes) where your mouth is?
I know you have been asked this Before however I've never been at the meetings when this has been asked and curious on your response." Name Withheld
This has been an ongoing issue since Mr Morton assumed his responsibilities in 2012 and addressed in length at the Chamber of Commerce Question and Answer meeting in July 2014.

Here are some facts:

  • It is illegal for a municipality to restrict an employee's ability to choose where they live. 
    • The Supreme Court of Canada decision (Godbout v. Longeuil 1997) can be found here in either Word or PDF.
  • Mr Morton and his family were unable to find housing they could afford in Kindersley.
  • Mr Morton and his family live on land owned by his father-in-law and near his children's grandparents.
  • Regarding the decision making of the CAO: 
    • Duties of the CAO are defined in The Municipalities Act 2005 of Saskatchewan in Division 8 Article 110 - 111. You can find the Act here.
    • Here is the Act governing Urban Municipal Administrators.
    • Members of Kindersley's Council are part-time Councillors and Mayor.
      • The role of Council is the "What" and the "Why"; the role of Administration is the "How" and the "When."
  • In the four budgets developed under Mr Morton's leadership, including two in 2014 due to changing the budget cycle, 3 have been at or near the rate of inflation and the other at 5.5%.
    • These increases have been reasonable and within the scope of our planning.
    • Budgets are developed in alignment with the:
      • Growth Plan including the Strategic Plan;
      • Action Plan which is the priorities of Council for the year;
      • Values; and
      • Limit of tax increase.
        • At our last meeting, Council agreed that the Budget Committee would develop a budget policy and further, Administration is taking steps to increase their ability to develop budgets through professional development.
I have to confess that this is the first time since July I have heard this concern about Mr. Morton's residency.



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