HomeMy WebLinkAboutCLK 07-15 Cat/ 00 A Report to= Council
I KERIN
Report Number: CLK 07-15
Date: November 16, 2015
From: Paul Bigioni
Director, Corporate Services & City Solicitor
Subject: Vacancy in the Office of City Councillor, Ward 1
- File: A-2000
Recommendation:
1. That pursuant to Section 262(1) of the Municipal Act, 2001, the Council of The
Corporation of the City of Pickering hereby declares the office of City Councillor,
Ward 1 as vacant;
2. That at a meeting of Council held on November 2, 2015, Council approved filling
the vacancy of the office of City Councillor, Ward 1 by by-election;
3. That the attached draft by-law to require the by-election be enacted;
4. That the Treasurer be authorized to transfer the required funds, in an amount up to
$100,000 from the Contingency Reserve; and
5. That the appropriate officials of the City of Pickering be authorized to take the
necessary actions to give effect thereto.
Executive Summary: Pursuant to the Municipal Act, 2001, and the appointment of
Councillor Ashe to the office of Regional Councillor, Ward 1 on November 2, 2015, the
office of City Councillor, Ward 1 is now vacant and Council must declare it as such.
Council passed Resolution #99/15 at its Special Meeting of Council held on November
2, 2015 expressing its desire to hold a by-election to fill this vacancy.
Financial Implications:
The cost of holding a by-election will not be more than $100,000.00. The costs related
to holding a by-election consist primarily of preparing voters lists, preparation and
mailing of voter notification cards, rental of equipment, and staffing of polling stations.
CLK 07-15 November 16, 2015
Subject: Vacancy in Office of City Councillor, Ward 1 Page 2
Cost Estimates —Vote Tabulator (approximate)
Item Cost
Vote Tabulation Equipment $9,500
(6 ballot tabulator machines, 2 accessible
voting component add-ons)
Election Software $6,800
(results display)
Professional Services $9,700
(training, onsite support on election day)
Voter Notification Cards (VNC) $2,500
Election Officials $25,000
Postage for VNC's $16,000
Ballots $6,500
Miscellaneous Supplies $2,000
(ballot boxes, memory cards, seals, etc.).
Total = $78,000
The 2015 budget contains a transfer to the Contingency Reserve in the amount of
$70,000 for funding of the next municipal election in 2018. An annual provision is
included in each current budget year leading up to the next municipal election for
funding purposes. To the extent that the by-election costs are funded out of the
Contingency Reserve, the provision included in the budgets for the remaining years
heading into the 2018 election will need to be increased to allow adequate funding for
the 2018 Municipal Election.
Discussion: At a meeting of Council held on November 2, 2015, Council
appointed Kevin Ashe to the office of Regional Councillor, Ward 1 and as a result, the
office of City Councillor, Ward 1, is now vacant.
Having declared the office vacant, Council chose to fill the vacancy by appointment and
the following resolution at its meeting of November 2, 2015 was passed:
That pursuant to Section 262(1) of the Municipal Act, 2001, the Council of the
Corporation of the City of Pickering declared the office of Regional Councillor,
Ward 1 as vacant at a meeting of Council held on October 26, 2015;
That Council fill the vacant seat of the office of Regional Councillor, Ward 1 by
appointing Kevin Ashe, City Councillor, Ward 1 to the office of Regional
Councillor, Ward 1;
• CORP0227-07/01 revised
CLK 07-15 November 16, 2015
Subject: Vacancy in Office of City Councillor, Ward 1 Page 3
That a by-law to appoint Kevin Ashe to fill the vacancy in the office of Regional
Councillor, Ward 1, be enacted;
That Council nominate Kevin Ashe to the Toronto and Region Conservation
Authority to represent the City of Pickering, and the City Clerk notify the Region
of Durham of the nomination;
That Council fill the vacant seat of the City Councillor, Ward 1 by by-election;
That a by-law to require a by-election to fill the vacancy in the office of City
Councillor, Ward 1 be brought forward at the next meeting of Council on
November 16, 2015; and
•
That the City Clerk be given authority to give effect thereto.
In considering the enactment of a by-law to require a by-election, Council should be
aware that the by-election shall be held in accordance with Section 65 of the Municipal
Elections Act, 1996.
Under Section 65 of the Municipal Elections Act, 1996, the City Clerk is responsible for
setting the nomination day, which is to be a day not more than 60 days after the passing
of the by-law requiring a by-election. Voting Day is required to be held 45 days after
nomination day. Subject to specific provisions to address the timing of legislative
requirements for by-elections, by-elections are required to be conducted as far as
possible in the same way as a regular election (Section 65(3)).
Based on the above, if a by-law is enacted on November 16, 2015 to require a by-
election, the Clerk will set Nomination Day to be Friday, December 11, 2015. Election
Day would then be Monday, January 25, 2016, which is 45 days following Nomination
Day.
Summary and Conclusion:
It is recommended that the attached by-law be enacted, and that the City Clerk take the
appropriate action in accordance with the Municipal Act and the Municipal Elections Act
to conduct a by-election for the office of City Councillor, Ward 1.
Attachment 1 — Draft By-Election By-law
•
CORP0227-07/01 revised
CLK 07-15 November 16, 2015
Subject: Vacancy in Office of City Councillor, Ward 1 Page 4
Prepared By: A„pro ed/Endorsed By:
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Debbie Shields Paul :,�`. i
City Clerk Dire. or,`C. 'orate Services & City Solicitor
PB:ds
Recommended for the consideration
of Pickering City Council
/ jkid1)-: Z°L5
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Tony Prevedel, P.Eng.
Chief Administrative Officer
CORP0227-07/01 revised
The Corporation of the City of Pickering
By-law No. /15
Being a by-law to require a by-election be held
for the vacant office of City Councillor Ward 1
Whereas pursuant to Section 262(1) of the Municipal Act, 2001, the Council of the
Corporation of the City of Pickering declared the office of City Councillor Ward 1 as
vacant at its meeting of Council held on November 16, 2015; and
Whereas pursuant to Section 263(5) of the said Act, the Council wishes to hold a by-
election to fill the vacancy;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. A by-election shall be held to fill the vacancy in the office of City Councillor, Ward
1 in accordance with the Municipal Elections Act, 1996.
By-law passed this 16th day of November, 2015.
David Ryan, Mayor
Debbie Shields, City Clerk