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CCCA_V7No2_InsideEdge-FIN_CCCA 13-05-16 5:15 PM Page 50 Inside Edge City lights The challenges and rewards of working in the public sector. By Mary Ellen Bench ’m often asked by other in-house coun- policy); labour and employment; Highway litigation, for example, when courts see us Isel about what it’s like to work for a Traffic Act and bylaw prosecutions; and risk as “deep pockets” and make awards against municipality.I love my job as City Solicitor management (insurance and claims). Our municipalities that seem higher than justi- of Mississauga.For me,there is a real sense performance measurement structure is fied, or refuse to award us costs when we of accomplishment in working in the pub- based on billable hours (we docket), num- are successful. Perhaps they don’t realize lic sector.I look around Mississauga,where ber of court and tribunal cases handled,set- that the taxpayer has to foot the bill? Also I’ve been City Solicitor for the past 12 tlements below reserve,charges prosecuted, courts can hold government lawyers to a years and the City of Toronto, where I CLE hours, hours training staff, and so on. higher ethical standard at times. Lawyers worked as Director of Municipal Law for While dollar-wise the compensation isn’t will often talk directly to our clients on 10 years, and can see tangible results in as high as in the corporate world, the working for the public good. municipal lawyer is highly valued. My team has a great relationship with all of My lens can be very different from that In my opinion,you can’t get better job“ I don’t know anyone at a of someone working in the private sector. our clients, including elected officials. municipality who is 9-5. Our law department’s work ranges from We are on call 24/7, routine corporate matters to transit,to deal- security than having a client who relies because that’s what the ing with bylaw violations, to drafting legis- on you. Justices Cunningham and lation, to involvement in city building. As Bellamy have both published reports client needs. such, what makes sense from a dollar point recognizing among other things, the ” of view can be less important than commu- valuable role the legal department plays in a matters, without advising the legal depart- nity impact and “what is the impact of this municipality. My city gets that. ment, despite LSUC rule 6. Many lawyers decision on Joe Smith who lives next door We do face challenges in reminding our see municipal councillors and planners as or three blocks away?” Another example is clients of the legal limits to our authority, persons in the public sector whom they construction for the fire service or recre- but we approach them by trying to help can lobby freely. ational facilities,where you are not looking our clients get as close to achieving their One of the aspects of the job I really at only cost/benefit but have a big public objectives as we can, within the legislative enjoy is shaping public policy documents. I safety layer to consider. framework that exists.This can be difficult can point to sections in the Municipal We are also part of the team active in at times; they have a passion for their city Act, 2001 where I had input, and I enjoy developing the “vision for the shape and and can feel frustrated when restrained, my participation in the Association of character of the city”. Participating in poli- especially when they feel we are not recog- Municipalities of Ontario (AMO), the cy and business decisions around land use nized as a responsible level of government Municipal Law DepartmentsAssociation of and development, servicing infrastructure, like our federal and provincial counter- Ontario (MLDAO) and the International drafting bylaws and helping shape strategies parts.The law department also needs to be Municipal Lawyers Association (IMLA). that define urban vs. suburban; green vs. flexible and know our role — to support I feel valued for my contribution as a concrete; high rise vs. parkland, etc., allows the political process, but not get involved. resident of the city,a lawyer and part of the me to feel very connected to my clients. Being City Solicitor is definitely not a business strategic team. When you wrap The City of Mississauga law department, 9-5 world.I don’t know anyone at a munic- them all into one, there’s a sense of accom- with a budget of approximately $5-million, ipality who is 9-5. It’s the opposite: we are plishment that is huge.It’s not for everyone, is composed of 14 lawyers, eight paralegals on call 24/7, because that’s what the client but to me, there is no greater feeling that and seven support staff.We’re divided into needs.It can be challenging to balance work being part of the city-building team! five units with distinct responsibilities:plan- and life; but finding balance is important. ning, development and real estate; munici- The challenges can be a little different Mary Ellen Bench is City Solicitor at City pal (procurement, finance, IT/IP, FOI, tax, in the public sector.It can be frustrating in of Mississauga. 50 CCCA Canadian Corporate Counsel Association SUMMER 2013