Gutowski will not step down as Frontenac County Warden

Jeff Green | Dec 13, 2012

Photo: Frontenac County Warde Janet Gutowski.

Procedural bylaw supports her decision, but council is opposed

It was a special meeting indeed.

Frontenac County Council met on Tuesday December 11, ostensibly to discuss their procedural bylaw.

But the real reason that members of Council petitioned for the meeting was to address a more direct question.

They wanted to know if the current warden, Central Frontenac Township Mayor Janet Gutowski, intended to resign as warden and turn the job over to Deputy Warden Dennis Doyle, the mayor of the Township of Frontenac Islands.

“Nobody has ever put the question directly to you so I will,” said South Frontenac Mayor Gary Davison to Gutowski. “Do you intend to respect the office and turn it over to the deputy warden?”

“I have decided that I will remain in the chair of the warden. Times change and council needs to reflect those changes. We have to serve the needs of the citizens, and at this point there are a number of important initiatives that need to be followed through to their completion. At this point it is my intention to remain in the chair,” said Gutowski.

Gutowski’s position is backed up by the county's procedural bylaw, which stipulates that the warden is elected for a four-year term through a vote of Council. There is also nothing in the procedural bylaw that speaks to Council removing a warden from office.

By way of context - ever since the formation of the County of Frontenac, the wardens have only held the post for one year, and then resigned to give another mayor a year at the helm.

With four-year terms being instituted in Ontario municipalities in 2006, that meant each mayor had a chance to be warden.

After the most recent election in the fall of 2010, South Frontenac Mayor Davison was elected warden, and he resigned late last year.

After a contested election, Janet Gutowski was named warden after her name was pulled from a hat.

Back to Tuesday’s meeting.

Once Warden Gutowski made her decision clear, North Frontenac Mayor Clayton rose on a point of order. Citing a provision of the procedural bylaw, he challenged Gutowski’s ruling on the matter of remaining as warden. Gutowski then called for a recess, while along with the County CAO Liz Savill, she consulted with the county’s lawyer Tim Wilkin, who was on hand at the meeting.

During the break, Frontenac Islands representative David Jones leaned over to the press table and said, “It’s not really about the warden, you know; it’s all about the CAO.”

Gutowski returned, called the meeting to order, and said the provision about challenging a ruling [No. 17-11 in the bylaw] did not apply in this case, because she “had not made a ruling on any motion or any procedural item. I only answered a question from a member of Council”

South Frontenac Mayor Davison then asked Gutowski, “Why was that an in camera meeting between you and the solicitor?”

Warden Gutowski invited Tim Wilkin to speak to Council.

“The intention of the provisions in the procedural bylaw challenging a ruling of the chair, Nos.17-10, 17-11, and 17-12 are about different circumstances than this one. They are more about rules of order,” he said.

“You are using technicalities and procedural tricks to subvert the will of Council,” said Frontenac Islands Mayor Dennis Doyle to Gutowski.

The meeting broke up shortly thereafter, and will be followed up with a further meeting on the procedural bylaw, but the question of Warden Gutowski remaining in place will not be part of those discussions.

“I’m terribly disappointed and a bit embarrassed to be part of this organization,” South Frontenac Mayor Gary Davison said after the meeting.

(see editorial)