HomeMy WebLinkAboutCLK 08-16 edy aII Report to
PiCKERiNG Council
Report Number: CLK 08-16
Date: November 21, 2016
From: Paul Bigioni
Director, Corporate Services & City Solicitor
Subject: Method of filling Vacancy
City Councillor Ward 3
- 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 declares the office of City Councillor, Ward 3 to be vacant;
2. That Council select one of the following options for filling the vacancy:
a) That Council authorize a by-election to be held to fill the vacancy;
OR
b) That Council fill the vacancy by appointment; and
3. That the City Clerk be given authority to give effect thereto.
Executive Summary: Due to the death of Rick Johnson, City Ward 3 Councillor, Council
must declare the office of City Councillor, Ward 3 vacant. Council must now arrange to fill the
vacant office pursuant to the rules set out in the Municipal Act, 2001 and the Municipal Elections
Act, 1996.
Financial Implications:
Recommendation 2a) — If Council determines that a by-election is to be held to fill the vacancy,
the cost of a by-election would be approximately $50,000.00. The costs related to holding a by-
election consist primarily of preparing the voters' list, rental of equipment and staffing of polling
stations.
If the by-election option is selected, the costs of the by-election would increase the 2017 budget
by approximately .1% in addition to the annual transfer of $70,000.00 to the Contingency Reserve
for funding of the next municipal election in 2018.
Recommendation 2b) — If Council wishes to directly appoint a qualified individual, there would be
no associated costs.
Report CLK 08-16 November 21, 2016
Subject: Method of filling Vacancy— City Councillor Ward 3 Page 2
Discussion: Pursuant to Section 259(h) of the Municipal Act, 2001, the office of a member
of council of a municipality becomes vacant if the member dies, whether before or after accepting
office and making the prescribed declarations. Councillor Rick Johnson passed away on
September 27, 2016. Pursuant to Section 259, Council must declare his seat vacant at one of its
next two meetings of Council.
Under Section 263(1) of the Municipal Act, 2001, Council has two options for filling the vacancy.
These options are:
a) Require a by-election to be held to fill the vacancy in accordance with the Municipal
Elections Act, 1996; or
b) Fill the vacancy by appointing a person who has consented to accept the office if
appointed;
Under Section 263(5) of the Municipal Act, 2001, Council must, within 60 days after a declaration
of vacancy is made, appoint a person to fill the vacancy or pass a by-law requiring that a by-
election be held to fill the vacancy.
A person is eligible to hold office as a member of the Municipal Council if he/she:
a) is entitled to be an elector in the local municipality under the Municipal Elections Act, 1996;
and
b) is not disqualified by this or any other Act from holding office.
The term of office for a person appointed or elected to fill a vacancy is the remainder of the current
term of Council.
Recommendation 2a) - By-Election
Section 263 of the Municipal Act, 2001, permits City Council to pass a by-law to provide that a
vacancy on Council be filled by way of a by-election. 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, if Council determines that a by-election is
to be held, 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 indicating that a by-election is required. Voting
Day is required to be held 45 days after nomination day. Subject to specific provisions to address
timing matters, by-elections are required to be conducted in a manner as similar as possible to the
previous regular election.
Recommendation 2b) - Council Appointment
Council can appoint a qualified individual to the vacancy either by direct appointment or by
soliciting applications.
CORP0227-07/01 revised
Report CLK 08-16 November 21, 2016
Subject: Method of filling Vacancy— City Councillor Ward 3 Page 3
If Council wishes to appoint a specific individual, consent must be obtained from the person
Council has selected, by completion of a consent to nomination form, and the individual must be
verified by the City Clerk as an eligible person under the Municipal Elections Act, 1996. A formal
appointment by-law must be presented to Council for enactment and the Oath of Office must be
sworn by the appointee.
Summary and Conclusion:
It is recommended that Council determine the method of filling the vacancy and, once that method
has been determined, that the City Clerk take the appropriate actions in accordance with the
Municipal Act, 2001 and the Municipal Elections Act, 1996.
Attachments: n/a
Prepared By: App ed/Endorsed By:
Debbie Shields Paul :i•'• i
City Clerk Direc or, Co 'orate Services & City Solicitor
Recommended for the consideration
of Pickering City Council
f4 . /0i2ofj
Tony Prevedel, P.Eng.
Chief Administrative Officer
CORP0227-07/01 revised