Former councillor Trevor Kotowich’s resignation took effect Oct. 11 when council accepted it, not when he submitted it to mayor and council in September, according to Mayor Glenn Andersen. Andersen requested administration revise his report to council in the Oct. 11 meeting minutes, which stated the resignation took effect at the end of September, at council’s regular meeting on Oct. 24.
A resignation is effective on the date it is received by the CAO and does not have to be ratified at council, said Jerry Ward, a public affairs officer with Municipal Affairs, when contacted by the Journal.
“It plainly states a resignation is effective on the date it is received by the CAO.
“That’s when the 90 days start,” said Ward.
Under section 165 of the Municipal Government Act, a byelection must be called within 90 days of a vacancy. Council is required to hold a byelection before the end of December.
The Municipal Government Act states “The resignation is effective on the date it is received by the chief administrative officer even if a later date is set out in the resignation.”
It also says the CAO must report the resignation at the first council meeting after receiving it.
Kotowich submitted the resignation a week prior to starting the position as fire chief with the St. Paul Fire Department.
CAO Ron Boisvert received the resignation on Sept. 30, in a carbon copy of the letter to mayor and council. Both Boisvert and Andersen said the resignation only becomes effective once council has received it at a meeting.
“Council has to accept the resignation,” contended Boisvert after the meeting.
The electors of the municipality could apply to the Alberta Court of Appeal if a byelection were not scheduled before 90 days of the vacancy.
If council is unable or does not within a reasonable time hold a byelection to fill a vacancy, the Minister may by order direct that the CAO conduct a byelection to fill the vacancy, section 160 (3) of the MGA states.
If the CAO and mayor’s view was correct, council would have until Jan. 11, 2012, to hold a byelection to be within the 90 days required by the MGA.
