http://www.torontosun.com/2015/04/03/ford-brother-swap-highly-unlikely-expert
TORONTO - The Ford flip would likely be a flop, according to one municipal law expert.
Councillor Rob Ford told the Sun's Joe Warmington on Thursday that he wants to see whether his brother, Doug Ford, could take over his council seat while he's recovering from cancer surgery.
But municipal law lawyer John Mascarin says Doug Ford can't just walk into City Hall and pinch hit for his councillor brother.
"There are no 'temporary vacancy' provisions in the City of Toronto Act," Mascarin told the Sun on Friday.
"Rob Ford would have to resign in order to create a vacancy but there would be no guarantee whatsoever that council would appoint Doug Ford to fill in. Council would have a choice to appoint or to run a by-election.
"I am certain that if council decides to appoint there is a policy that dictates how the appointment process works and it most certainly does not allow a resigning candidate to hand pick their successor."
Even if Doug Ford was appointed to fill the Etobicoke North (Ward 2) council seat, it wouldn't be an easy process to put Rob Ford back on council. Doug Ford would have to quit when his brother was ready to return, councillors would have to vote to run another appointment process rather than a byelection and then they'd have to vote to appoint Rob Ford.
Mascarin pointed out there is no guarantee that an elected official could quit their seat and be entitled to step back into the seat when they decide to return.
Doug Ford said he'll be helping out his brother no matter what over the next few months.
"Whether or not something formally is done I will be helping out Rob's constituents while he recovers," said the ex-councillor and runner-up in the 2014 mayor's race. "They can't stop me from doing that. I will make sure the constituents are looked after."
Rob Ford's councillor e-mail newsletter issued early Friday morning repeated his thanks to residents for "the huge outpouring of support" that he's received since his cancer diagnosis last September.
"Your good will, and positive energy, have been a huge help both to myself, and to my family. I can't thank you enough," Ford stated.
He went on to stress his council office will "still be there to help" while he's in hospital and at home recovering from surgery.
"As always, you can reach me at home at 416-233-6934," Ford wrote.
The councillor's newsletter also included an ad for the $300 per person Rob Ford and Doug Ford campaign fundraiser on May 14 at their mom's house. Both Fords are trying to pay off their 2014 campaign debts.
Both Ford brothers came out vehemently against council appointing someone to fill a vacant council seat back in 2013.
The Fords fought unsuccessfully for council to call a $225,000 byelection when Doug Holyday vacated his council seat after being elected as an MPP.
“You can’t put a price on democracy,” Rob Ford told council at the time.
After council voted for an appointment, then-councillor Doug Ford warned there would be behind-the-scenes deals around the appointment process.
“This is the worst thing for democracy the city has ever seen,” he said at the time. “It’s the council ignoring the will of the people.”