Trevor Lee was looking forward to his new job and relocating to the City of Orillia. He had told everyone about the move, quit his deputy CAO's job in Guelph and put his house up for sale. He'd even been given a new laptop, phone and other work items by Orillia staff.
Then he was terminated by the city's mayor.
Suddenly let go before the first day at his new job as the chief administration officer of Orillia, Lee is in the midst of “confidential resolution negotiations” regarding his pending unemployment.
Lee, whose time as deputy CAO of corporate services in Guelph is set to end on Friday, was to take over in Orillia April 14. However, that suddenly changed when Orillia’s mayor used recently-granted strong mayor powers to call it off in favour of hiring from within.
“I currently do not fully understand why the decision to make a complete reversal of the onboarding process was made by the mayor,” Lee told GuelphToday via email. “I believe that a full explanation of the basis for the decision after months of the recruitment process leading to my hiring being completed will be forthcoming.
“If I may put it another way, I believe the public knows as much as I do at this point.”
Lee’s hiring in Orillia was announced on March 21 – the same day he said he tendered his resignation with the City of Guelph, with his last day set for April 11.
“My spouse and I had already made plans for a relocate to the Orillia area, including advising family, friends and colleagues of my career move and listing our house for sale,” Lee explained.
“I am by nature an optimistic person and I am striving toward a fair and equitable resolution that allows both myself and my family and the hard-working administration and staff of the City of Orillia to focus on moving forward,” he continued. “My family and I are grateful for the outpouring of support we have received from friends and colleagues from across the province of Ontario and Canada.”
Lee said he learned of the Orillia mayor’s decision on Friday, “just minutes after” he met with municipal staff there to receive a laptop, phone and other items needed to perform CAO duties.
“It was a complete surprise to me. As many may easily imagine, I am still processing my emotions,” he wrote. “At first, it was difficult to process. Up to that point, I had every reason to believe that my onboarding had the full support of the mayor and the council members of the City of Orillia.
“I am still somewhat bewildered.”
Lee said he has hired a lawyer to help with negotiations.
Cristina Tomaino, an employment lawyer with McKenzie Lake Lawyers of Guelph, isn’t representing Lee, but offered general comments on the situation.
“Rescinding an employment contract once it’s been accepted is the same as a termination,” Tomaino said, noting she typically handles the management side of employment law. “Once there’s an offer of a job, there’s acceptance and a contract has been formed, if that contract is going to be terminated, regardless of the context … an employer is going to have to recon with the fact that there may be damages arising from the termination.”
The extent of damages depends largely on the specifics of the contract that’s been signed, she added.
On Monday, Orillia Mayor Don McIsaac formally rescinded Lee’s hiring in favour of appointing that city’s then-deputy CAO and solicitor to the role effective immediately.
To do that, he used strong mayor powers bestowed upon him by the province on Friday in response to a state of emergency declared there after freezing rain knocked out power to 35,000 residents.
Soon after that order was issued, Orillia city council voted 7-2 to call on the province to rescind the powers granted to McIsaac.
"This is a slap in the face for democracy ... I think it's incumbent on this council and everybody in this community to appeal to the minister who doled this power out that it is not wanted here in Orillia … and it should be revoked as soon as possible,” said Coun. Tim Lauer.
"It's the prerogative of the minister how he chooses to respond to that request," noted Coun. Janet-Lynne Durnford. "We are hopeful that he responds in our favour, but we acknowledge that it's a request and we can't ... direct his decisions."
In a letter included in Orillia city council’s Monday meeting agenda package, McIsaac said the city’s at a “critical point” in history.
"The decisions we make now will define our direction for years to come. At a time of such complexity, strong, stable, and proven leadership is not optional, it’s essential,” he wrote.
"As part of a leadership transition, I want to advise council that Trevor Lee will no longer be assuming the position of Chief Administrative Officer. To ensure stability and continuity, I have appointed Amanpreet Singh Sidhu as the Chief Administrative Officer, effective immediately.”
Strong mayors have the power to, but are not limited to, appointing a CAO, hiring and firing department managers, directly assigning work to staff, appointing chairs of council committees and veto certain bylaws.
- with files from OrilliaMatters
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