Mayor and council violated a city bylaw when dismissing their most recent CAO
'Ignorance would be absolutely no defence in a case like this,' says one political science prof
When Windsor's mayor and city councillors voted 7-4 in favour of dismissing CAO Jason Reynar, they contravened a city bylaw by not providing a hearing he was entitled to before the dismissal, CBC News has learned.
During an in-camera meeting on March 31, seven members of city council voted to remove Reynar from the city's top administrative position, which was made public the following day. Councillors Kieran McKenzie, Fabio Costante, Chris Holt and Rino Bortolin voted against the motion, according to documents summarizing the in-camera meeting.
A City of Windsor bylaw created in 2002 states it's the "right of the chief administrative officer to a hearing before council" if there's interest in suspending or dismissing that person.
Sources tell CBC News that Reynar wasn't given the option of a hearing before he left. No documents exist at city hall referencing any hearings related to Reynar's departure, according to a Freedom of Information request filed by CBC News.
"Any citizen should be concerned that rules, forms and laws as established and written be followed because that is a healthy democratic practise," said Tom Urbaniak, a professor of political science at Cape Breton University. "If a bylaw is in force, then council has to be vigilant and thorough and do its due diligence to ensure that the bylaw is adhered to."
It's unclear if the mayor and city administration weren't aware of the four-page bylaw that entitled any CAO to a hearing. Neither the city or mayor's office responded to questions about the bylaw or the dismissal.
"A mutual non-disparagement agreement between Corporation of Windsor and former CAO has been executed, so beyond the obvious HR protected lens, this further limits public communications on this topic," said Andrew Teliszewsky, the mayor's chief of staff.
"The city doesn't comment on personnel matters," said Jason Moore, the city's senior manager of communications.
No matter the reason for the bylaw being contravened, Urbaniak said there's no excuse. He doesn't expect members of council to memorize every bylaw that exists, but said it's reasonable to expect the city solicitor would provide advice when making a "major decision" such as dismissing a CAO.
"Ignorance would be absolutely no defence in a case like this," he said.
City lawyer not present during meeting to fire CAO
There were 11 people in attendance during the in-camera meeting — city clerk Steve Vlachodimos, all 10 councillors and Mayor Drew Dilkens. The city's solicitor or other members of the corporate leadership team were not present to answer questions of council.
The meeting also didn't include any written reports for council, but rather a verbal report from Dilkens about the reasons for Reynar's dismissal. Sources tell CBC News the mayor called members of council prior to the unscheduled in-camera meeting to discuss the issue.
Reynar battled 'entrenched' bureaucracy at city hall, says union
The union representing roughly 1,300 inside city workers said they were shocked by Reynar's dismissal because he was creating positive change. However, CUPE 543 president David Petten said once he left they noticed the hybrid-work-from-home policy he instituted was being rolled back.
"He was recognizing that a happier workforce is a productive workforce. He wanted to help the city become a world class player and also to help the economic situation here," said Petten. "He recognized you need to have quality staff in order to be able to do that and I think that's what he was working toward."
Petten describes Reynar as a progressive thinker, but believes some were "spooked" by him making so many changes after being the CAO for less than a year. Having a "bureaucracy that's entrenched in a certain direction" may have been a challenge for Reynar to overcome, he added.
The way dismissal was handled may cost taxpayers more
Others said what happened in Windsor could expose taxpayers to more liability.
"Certainly if a municipality wasn't following its own bylaw, as an example, there may be ramifications in relation to settlements at the end of the day," said David Arbuckle, executive director for the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO).
Arbuckle isn't familiar with the circumstances around Reynar's dismissal, but said the relationship between the CAO as well as the mayor and other members of council is an interesting dynamic. Arbuckle's role is education and advocacy for more than 2,000 higher-level municipal employees.
Having a collaborative, well-working relationship between the two groups is "imperative for any municipality," he said.
It's unclear why the mayor and majority of council voted to fire Reynar, as that's protected by the "non-disparagement agreement" signed by both sides. But Reynar tells CBC News he would be open to getting his old job back.
"The city has enormous potential and under the right circumstances I would be delighted to return as CAO," said Reynar.
But if that relationship is soured, it's sometimes best for the CAO and municipality to part ways, said David Siegel, a professor emeritus of political science at Brock University in St. Catharines. He's also written a book and a number of articles on the role of senior administrators in local governments.
"The relationship between a council and city manager is a very personal relationship and sometimes those personal relationships go bad," said Siegel.
If a CAO is entitled to a hearing prior to a dismissal and that wasn't granted, Siegel said that's problematic.
However, even if a hearing took place in this case and Reynar was able to persuade two additional members of council to allow him to keep his job, he questions the future of that relationship.
"Do you really want to keep your job when five out of the 11 people that you work for aren't happy with you being around?" Siegel said. "That's not going to last long."
Years ago, Siegel said, the Municipal Act stating CAOs were entitled to a hearing if they were to be dismissed. However, that's no longer required in Ontario and he said it's rare for municipalities to have this clause within a bylaw.
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