The Three Branches of Municipal Governance and Their Interaction

By Eric Stork

Both in social media and at public council meetings, there have been many questions asked and comments made about who has power, when it is exercised, and how decisions are made within a municipality. This article is intended as a brief explanation.

The three branches of municipal governance are the administration, the elected mayor, and council (eight elected councillors and the mayor).

The administration is led by the Director General (DG) who manages all city employees. They report to the mayor and follow his/her instructions, as well as ensuring that all rules of governance are followed and respected (these are established by both the Government of Quebec and resolutions/by-laws adopted by council.

The elected Mayor is basically, in business terms, the CEO and/or the President of the Board of Directors, as if they were acting on behalf of a company. As a full time job, he/she oversees and guides the DG in his/her management of the city in all files, and establishes the agenda for plenary/Caucus meetings of council.  This is a weekly meeting where files are reviewed and discussed before being voted upon in public. Though the Mayor has a vote if he/she so chooses on any decision made, each and every one of the eight city councillors also has a vote, and however the majority votes is the final decision. As cited in the “Manuel des élu(e)s municipaux / municipales”, Chapter 1.5.1.1, the mayor has over 30 distinct powers. However, the two most important powers are in the chart below, as stated by the UMQ (Union des municipalités du Québec) and are his/her primary responsibilities. As well, only the mayor, not any individual councillor, has the authority to directly task the administration to perform certain duties.

The nine members of council (eight elected councillors and the mayor) are tasked as the ultimate decision-making body. Any decision that is made, whether it be a by-law/resolution or the creation of a bike path, requires that a democratic vote be taken by council.

Please note that, while the DG runs the city and reports to the mayor, the DG must also legally abide by the resolutions/by-laws that are democratically voted upon by a majority of council, and to which the administration must rigorously adhere. Majority rules!

This may be best explained by a simple example such as choosing the color of garbage bins. Let’s say the administration recommends blue garbage bins, but the mayor expresses a preference for green garbage bins.  The mayor’s choice - green garbage bins - would prevail. However, if council wishes to publicly support the administration’s recommendation - blue garbage bins - a vote would be called, and if supported by a majority of council, the bins would now be blue, and that decision would be binding and final.

Thus, the ultimate power of the municipal decision-making process lies with council (as a decision-making body, not as individuals). I believe that this democratic decisional mechanism achieves the required balance for day-to-day decisions and those which are more complex and require more attention.

I hope this explains the interactions between the 3 branches of municipal governance. If you have any other questions or require further clarification, please do not hesitate to contact me.