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HomeMy WebLinkAboutCLK 06-21 Report to Council Report Number: CLK 06-21 Date: November 22, 2021 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Vacancy in the Office of City Councillor, Ward 2 -Declaration of Vacancy and Method of Filling Vacancy -File: A-1440 Recommendation: 1.That Report CLK 06-21, pertaining to the vacancy in the Office of City Councillor, Ward 2 be received; 2.That pursuant to Section 262(1) of the Municipal Act, 2001, S.O. 2001, c. 25, the Councilof The Corporation of the City of Pickering hereby declares the Office of City Councillor,Ward 2 to be vacant; 3.That Council directs the City Clerk to fill the vacancy for the Office of City Councillor, Ward 2 by way of Option ____, as outlined in Report CLK 06-21; and, 4.That the Clerk be given the authority to give effect thereto and provide for any process orprocedures necessary to undertake the filling of the vacant seat. Executive Summary: Section 259(1) of the Municipal Act, 2001, S.O. 2001, c. 25 (the “Act”), provides that the office of a member of council becomes vacant for various reasons including the death of a member. Due to the unfortunate passing of Councillor Ian Cumming, on November 1, 2021, the seat for the Office of City Councillor, Ward 2 is now vacant. The Act provides specific provisions regarding vacancies on Council and prescribes processes that must be followed should such a vacancy occur. Section 262(1) of the Act states that if the office of a member of council becomes vacant under Section 259, Council shall, at its next meeting, declare the office to be vacant. The Act further states that if the vacancy occurs as a result of death, the declaration may be made at either of its next two meetings. This report is presented to Council so that the Office of City Councillor, Ward 2 may be officially declared vacant and a decision made on the method to fill the vacant seat. Financial Implications: There are no financial implications associated with declaring a seat on Council vacant, however, the associated financial implications, depending on the method selected to fill the seat, have been outlined with each option in the discussion section of Report CLK 06-21. CLK 06-21 November 22, 2021 Subject: Vacancy of the Office of City Councillor, Ward 2 Declaration of Vacancy and Method of Filling Vacancy Page 2 Discussion: Section 263(1) of the Act states that a vacancy in the office of a member of council shall be filled by appointing a person who has consented to accept the office if appointed, or require a by-election to be held to fill the vacancy in accordance with the Municipal Elections Act, 1996. The Act further provides that the appointment to fill the vacancy or the passing of a By-law requiring a by-election, must occur within 60 days after the day a declaration of vacancy is made. Council is declaring the vacancy at its Meeting on November 22, 2021 and therefore, the 60 day deadline to either appoint an individual or pass a By-law to hold a by-election, is January 21, 2022. The only means under the Act that allow the municipality to not fill a vacancy is if the vacancy occurs within 90 days before voting day of a regular election. The next regular Municipal Election will be held on October 24, 2022, and therefore this provision does not apply in this circumstance. The Municipal Elections Act (MEA) sets out in detail the requirements to be met by candidates to hold office. A person may be nominated for an office only if they are qualified to hold that office under the Act that creates it, and they are not ineligible under any Act or otherwise prohibited by law to be nominated for or to hold the office. Further, to qualify to hold office on municipal council, the individual must meet the same criteria as an eligible voter and therefore must: • reside in the City of Pickering or be the owner or tenant of land there, or the spouse of such owner or tenant; • be a Canadian citizen; • be at least 18 years old; and, • not be prohibited from voting under the MEA or otherwise by law. Individuals being appointed to fill a vacancy must consent to accept the office before the appointment can take effect and would be required to complete a Consent of Nominee Application and Declaration of Qualification Form (refer to Attachment # 1). In contrast, candidates wishing to submit their nomination to run in a by-election would be required to complete the prescribed Nomination Forms and all other requirements under the MEA that would be required for a regular election. It should also be noted that if any candidates from the 2018 Municipal Election failed to file their financial statements in accordance with the Municipal Elections Act, until the next regular election has taken place, the candidate is ineligible to be elected or appointed to any office to which the Act applies. There were 2 candidates who did not file their financial statements for the 2018 Municipal election. Those individuals are highlighted in yellow on Attachment #2, 2018 Municipal Election Official Results Report. The individual appointed or elected to fill the City Councillor Ward 2 seat, would be in Office for the remainder of the Term of Council until November 14, 2022. The following outlines the options for filling the vacancy in accordance with the Municipal Act (the “Act”) and the Municipal Elections Act (MEA) and staff are seeking direction from Council as to which option they wish to exercise. CLK 06-21 November 22, 2021 Subject: Vacancy of the Office of City Councillor, Ward 2 Declaration of Vacancy and Method of Filling Vacancy Page 3 Option A: Appointing a Person to Fill the Vacancy Appointing a person to fill a vacancy will have few financial implications to the City as the work would be absorbed in staff time and any communications necessary for the process would be handled through the City’s social media platforms, a dedicated webpage, and the Pickering News Advertiser Community Page. It should also be noted that there is no prescribed method under the Act or MEA for appointing an individual to fill a vacancy on Council, rather there are several options that could be exercised as follows: Option A1 – Appoint the Runner-Up from the last Regular Election: Council may wish to fill the vacant office by appointing the runner up from the last regular municipal election which occurred on October 22, 2018. The runner up for the Office of City Councillor, Ward 2 in the 2018 Municipal Election was Tanya Foster. The Official Election Results from the 2018 Municipal Election are included as Attachment #2 to this Report. Given the time that has lapsed since the 2018 Municipal Election, the City Clerk would need to verify that the runner-up is still qualified under the MEA to hold the Office, and that they would consent to the appointment. Once the City Clerk has been in contact with the runner-up, and their qualifications and consent have been obtained, a subsequent report would be provided to Council and the official appointment, through By-law, as well as the Oath of Office for the newly appointed Councillor would occur at that same Meeting. With this option, the following provides the approximate timelines to fill the seat: Event Date/Timelines Council chooses to appoint the Runner Up from the 2018 Municipal Election November 22, 2021 Clerk contacts runner-up and confirms eligibility and seeks consent from individual in writing Week of November 22nd Appointment of the individual by By-law and newly appointed Member takes Oath of Office Regular Meeting of Council December 13th Onboarding and orientation for newly appointed Member of Council December 14, 2021 to January 7, 2022 (specific dates and orientation material to be confirmed) The newly appointed member would be ready to take their seat at the December 13, 2021 Council Meeting once the Oath of Office has been taken. CLK 06-21 November 22, 2021 Subject: Vacancy of the Office of City Councillor, Ward 2 Declaration of Vacancy and Method of Filling Vacancy Page 4 Option A2 – Appoint an Individual from the Public Council may wish to appoint an individual who is qualified to hold office under the MEA. Should Council wish to proceed with this option, Council would need to move into closed session to discuss the identifiable individuals they may wish to appoint. By a majority vote of Council, direction would be provided to the City Clerk to reach out to an individual to ascertain whether they qualify to hold office under the MEA and whether they would consent to the appointment. Once this has occurred, the City Clerk would report back to Council, and the qualifications and consent of the individual would be publicly provided and the official appointment, through By-law, as well as the Oath of Office for the newly appointed Councillor, would occur at that Meeting. With this option, the following provides the approximate timelines to fill the seat: Event Date/Timelines Identification of individual and direction to Clerk to verify their eligibility November 22, 2021 Clerk confirms eligibility and seeks consent from individual Week of November 22nd Appointment of the individual by By-law and newly appointed Member takes Oath of Office Regular Meeting of Council December 13th Onboarding and orientation for newly appointed Member of Council December 14, 2021 to January 7, 2022 (specific dates and orientation material to be confirmed) The newly appointed member would be ready to take their seat at the December 13, 2021 Council Meeting once the Oath of Office has been taken. Option A3 – Appoint an Individual from the Public by Soliciting Applications Council may wish to appoint an individual from the public by soliciting applications. This option would include advertisements and an open call for applications which would be placed on the City’s website, social media channels, as well as the Pickering News Advertiser Community Page. A detailed application process would be publicly outlined, including instructions and forms that would need to be submitted to the City Clerk. The application period would be open for three consecutive weeks. Once all applications were received, the City Clerk would verify that all applicants met the required criteria under the MEA, and would report back to Council at a Special Meeting to be called by the Mayor, where all applications and consent documentation would be publicly provided to Council to select an individual for appointment. At the Special Council Meeting, all verified applicants would be provided the opportunity to provide a five minute presentation to Council and each Member of Council would be permitted one question per applicant. An overview of the process is included in the draft Procedures for CLK 06-21 November 22, 2021 Subject: Vacancy of the Office of City Councillor, Ward 2 Declaration of Vacancy and Method of Filling Vacancy Page 5 Appointment of City Councillor, Ward 2 included as Attachment #3 to this Report. Should Council direct the City Clerk to proceed with this option, and as the process unfolds, the Clerk will update the draft Procedures and will ensure these are communicated to Council and all individuals who submitted their application, so that everyone is aware of the process that will be followed at the Special Meeting. With this option, the following provides the approximate timelines to fill the seat: Event Date/Timelines Application Period November 25 to December 17, 2021 during regular office hours (8:30 am to 4:30 pm, Monday to Friday) Review of Applicants by City Clerk to confirm eligibility December 20 to 22 List of Certified Applicants along with applicable Forms released with Special Council Meeting Agenda Week of January 4 Special Council Meeting to Appoint Individual (By-law to appoint and Oath of Office included at this meeting to meet the January 21, 2022 deadline under the Municipal Act). Proposed for Week of January 10 Onboarding and orientation for newly appointed Member of Council January 17 to 21, 2022 (specific dates and orientation material to be confirmed) The newly appointed Member would be ready to take their seat at the January 24, 2022 Council Meeting. It should be noted that the solicitation of applications for the Office of City Councillor, Ward 2, would allow the runner-up from the 2018 Municipal Election or any other individual interested in holding the Office to apply. Aside from holding a by-election, an open call for appointment applications would be the most transparent process of appointing an individual to the Office of City Councillor, Ward 2. Due to the timing of the next regular election, and the plans currently underway in this regard, the following section outlines the timelines and particulars of holding a by-election and the associated impacts. Option B: Pass a By-law Requiring a By-Election be Held to Fill the Vacancy Should Council wish to fill the vacancy by holding a by-election, the Municipal Elections Act (MEA) makes several stipulations that should be considered. Nomination day for a by-election cannot be less than 30 days and not more than 60 days after the By-law to hold a by-election CLK 06-21 November 22, 2021 Subject: Vacancy of the Office of City Councillor, Ward 2 Declaration of Vacancy and Method of Filling Vacancy Page 6 is passed. The Clerk is responsible for setting Nomination Day and the MEA states that voting day shall be 45 days after Nomination Day. In order to proceed with Option B, a By-law to hold a by-election would be required to be brought forward prior to January 21, 2022. Should Council direct that Option B be exercised to fill the vacant seat, the City Clerk would bring forward a By-law at the Regular Council Meeting of December 13, 2021 to give effect to holding a by-election. By-elections are essentially the same as holding a regular election only the timeframes are much shorter and in this case, would be held only within Ward 2. The MEA states that by-elections shall be conducted as far as possible in the same way as regular elections. This requirement would mean that the voting method, voting locations and appropriate staffing would all need to be put in place. As previously stated, the timeframes for a by-election are much shorter than those for a regular election. The following provides an example of the possible timeframes that could be in place for a by-election in order to meet the requirements of the Municipal Act and the Municipal Elections Act. Please note that the following dates have been selected to accommodate for the Christmas holiday season and the regular Committee/Council schedule for 2022. With this proposed timeline, the newly appointed Member would be ready to take their seat at the March 28, 2022 Council Meeting. Event By-law passed to hold a by-election Nomination Period Nomination Day Voting Day (45 days after Nomination Day as per the Municipal Elections Act) Councillor-elect to take Oath of Office with City Clerk Onboarding and orientation for new Member of Council Date/Timelines Regular Meeting of Council December 13th Commences December 14, 2021 and ends at 2:00 pm on January 31, 2022 January 31, 2022 Monday, March 17, 2022 (Note: advance voting period would commence on March 13 and run until close of vote on March 17) March 21, 2022 March 21 to 25, 2022 Should Council wish to proceed with a by-election, it is recommended that internet voting be utilized, as this was the same method of voting used in the 2018 Regular Election. Using the same voting method would create some efficiencies in that many of the forms and procedures utilized in 2018 could be used for the by-election. Council recently approved the RFP for Dominion Voting Services for the 2022 Municipal Election and Dominion was also the vendor used in 2018. Should a by-election be called, it is recommended that Dominion Voting Systems be the vendor to provide the internet voting CLK 06-21 November 22, 2021 Subject: Vacancy of the Office of City Councillor, Ward 2 Declaration of Vacancy and Method of Filling Vacancy Page 7 services. It should be noted that telephone voting would not be utilized in the by-election as we have confirmed with Dominion Voting Services that this voting method is no longer offered. The estimated cost to hold a by-election for the Office of City Councillor, Ward 2, would be approximately $75,000.00 to $100,000.00, which would primarily consist of internet voting services, mailing of individual notification letters, advertising, rental of equipment and staffing for the voter assistance centres. Should a by-election be held, the funds required to administer the by-election would need to be replenished to make up for the shortfall in the Election Reserves for the administration of the 2022 Municipal Election. Given that it is less than a year until the next regular Municipal Election, and although arguably a by-election is the most democratic process to fill a vacancy, the impacts to the planning and administration already underway for the 2022 Municipal Election, as well as the associated costs of a by-election, holding a by-election is not the recommended option of staff at this time. The next Municipal Election will be held on October 24, 2022 and plans are already underway due to the magnitude of the administration of municipal elections. It should also be noted that a by-election would consume all of Legislative Services staff resources and will impact preparations for the 2022 Municipal Election as well as other projects and regular operations of the Division. The above options are available to Council as a means to fill the vacancy for the Office of City Councillor, Ward 2. Staff are seeking direction from Council as to which method is to be used to fill the vacant seat for the Office of City Councillor, Ward 2. Attachments: 1. Consent of Nominee Application and Declaration of Qualification Form 2. 2018 Municipal Election Official Results Report 3. Procedures for Appointment of City Councillor, Ward 2 (Soliciting Applications) Prepared By: Original Signed By: Susan Cassel City Clerk Approved/Endorsed By: Original Signed By: Paul Bigioni Director, Corporate Services & City Solicitor SC:sc CLK 06-21 November 22, 2021 Subject: Vacancy of the Office of City Councillor, Ward 2 Declaration of Vacancy and Method of Filling Vacancy Page 8 Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer Attachment #1 to Report CLK 06-21 Consent of Nominee Application and Declaration of Qualification Vacancy for City Councillor, Ward 2 This form must be filed in person dur ing regular office hours Monday to Friday, 8:30 to 4:30 in the Office of the City Clerk, and no later than 4:30 p.m. on DAY, MONTH XX, 2021, and must be accompanied by two (2) pieces of identification confirming you are a resident, owner or tenant of land in the City of Pickering, or the spouse of an owner or tenant of land; and a letter no longer than two (2) letter- sized pages identifying the reasons you feel you are qualified to fill the vacancy for City Councillor, Ward 2. Please make an appointment with the City Clerk to submit your application and any supplementary documentation by contacting clerks@pickering.ca. It is the responsibility of the nominee to file a complete and accurate Consent of Nominee Application. Nominee Information (As it will appear on all documentation). First Name Last Name Qualifying Address (Street Number, Street Name, Suite/Unit Number, City/Town, Province, Postal Code) Mailing Address (if different from above) Street Number, Street Name, Suite/Unit Number, City/Town, Province, Postal Code Daytime Telephone Number Email Declaration of Qualification I, _________________________________ , the applicant mentioned in this Consent of Nominee Application, declare that I am presently legally qualified, or would be presently legally qualified if I were not a member of the Legislative Assembly of Ontario or the Senate or House of Commons of Canada, to be appointed to and to hold the Office of City Councillor, Ward 2, for the City of Pickering, and hereby consent to such appointment. Declared before me Nominee Signature at the _____________ of _____________ in the_______________ of ___________ Clerk or Designate Signature this ____ day of ___________ , 2021 Certification by Clerk or Designate I, the undersigned Clerk of this municipality, do hereby certify that I have examined the Consent of Nominee Application of the aforesaid nominee filed with me and am satisfied that the nominee is qualified to hold the Office of City Councillor, Ward 2 for the City of Pickering. Clerk or Designate Signature Date Certified Filing Date Filed (yyyy-mm-dd) Time Filed Nominee initial Clerk or Designate Signature Attachments I am attaching a letter in support of my application acknowledging that these records will be made available to the public in their entirety. Should you be successful in being appointed to the Office of City Councillor, Ward 2, you will be required to show proof of receipt of all recommended doses of the Covid-19 vaccine, in accordance with the City’s Mandatory Vaccination Procedure, to the Human Resources Department. Pickering Civic Complex | One The Esplanade | Pickering, Ontario L1V 6K7 T. 905.420.4611 | F. 905.420.9685 | Toll Free 1.866.683.2760 | clerks@pickering.ca | pickering.ca Consent of Nominee Application and Declaration of Qualification Vacancy for City Councillor, Ward 2 Declaration of Qualification for The Corporation of the City of Pickering, Office of City Councillor, Ward 2 I Do Solemnly Declare That: 1. I am qualified pursuant to the Municipal Elections Act, to be appointed to and to hold the Office of City Councillor, Ward 2; 2. Without limiting the generality of paragraph 1, I am at least eighteen years of age, a Canadian citizen, a resident of the City of Pickering or the owner or tenant of land in the City of Pickering or the spouse of such owner or tenant; 3. I am not ineligible or disqualified under the Municipal Elections Act, the Municipal Act, the Municipal Conflict of Interest Act or any other Act to be elected to or hold the above-mentioned Office. 4. Without limiting the generality of paragraph 3, • I am not an employee of The Corporation of The City of Pickering , or if I am an employee of the Corporation of The City of Pickering, I am on an unpaid leave of absence as provided for by section 30 of the Municipal Elections Act; • I am not a judge of any court; • I am not a member of the Assembly as provided in the Legislative Assembly Act or of the Senate or House of Commons of Canada or, if I am such a person, I will provide proof of my resignation in a form satisfactory to the Clerk of the Corporation of The City of Pickering prior to 4:30 p.m. on MONTH XX, 2021 (the close of applications). I understand that the Clerk of The Corporation of The City of Pickering will reject my application for the above-mentioned Office if I fail to provide proof of resignation by this deadline; • I am not a member of the Executive Council of Ontario or a Federal Minister of the Crown; and, • I am not a Crown employee within the meaning of the Public Service Act, or if I am a Crown employee, I have followed and will continue to follow all the relevant provisions of Part Ill of such Act. 5. I am not prohibited from voting in a municipal election under subsection 17(3) of the Municipal Elections Act. 6. Without limiting the generality of paragraph 5, • I am not a person who is serving a sentence of imprisonment in a penal or correctional institution. • I am not a person who was convicted of a corrupt practice described in subsection 90(3) of the Municipal Elections Act, that occurred l ess than five years following Voting Day to which the offence relates. Pickering Civic Complex | One The Esplanade | Pickering, Ontario L1V 6K7 T. 905.420.4611 | F. 905.420.9685 | Toll Free 1.866.683.2760 | clerks@pickering.ca | pickering.ca The Office of the City Clerk collects personal information on this form under the authority of ss. 136 (c), 208(1), the Municipal Elections Act, 1996, S.O. 1996. The information will be used by the City Clerk for the purpose of assessing whether a nominee may be appointed to municipal office. Your information will be filed with the City Clerk and will be published on the public agenda for the appropriate Special Council Meeting. Questions about this collection can be directed to the City Clerk at clerks@pickering.ca. Consent of Nominee Application and Declaration of Qualification Vacancy for City Councillor, Ward 2 7. I am not a person who was convicted of a corrupt practice under the Municipal Elections Act, or of an offence under the Criminal Code (Canada), in connection with an act or omission with respect to a municipal election to which this Act applies and I am not a person who is ineligible to be nominated for any Office until the next two (2) regular elections have taken place following Voting Day to which the offence relates. 8. I am not disqualified from being appointed to or holding office by reason of any violations of the el ection campaign financial requirements or violations for not filing the financial statement pursuant to the Municipal Elections Act. AND I make this solemn Declaration conscientiously believing it to be true, and knowing that is of the same force and effect as if made under oath by virtue of the Canada Evidence Act. Nominee Signature Signature of Clerk or Designate Date (yyyy-mm-dd) Pickering Civic Complex | One The Esplanade | Pickering, Ontario L1V 6K7 T. 905.420.4611 | F. 905.420.9685 | Toll Free 1.866.683.2760 | clerks@pickering.ca | pickering.ca Attachment #2 to Report CLK 06-21 Official Results Report Pickering 1 / 6 Number of ballots cast: 19777 Mayor Candidate Votes Bert CORTEZ 370 Wesley HENRY 2620 Eileen HIGDON 3647 Dave RYAN 12959 Number Of Undervotes: 181 Number Of Overvotes: 0 Total Number Of Votes: 19596 Total Number Of Blanks: 181 Regional Councillor - Ward 1 Candidate Votes Kevin George ASHE 3318 Usha CHAHAR 311 Robert JONES 771 Musa MANSUAR 2526 Number Of Undervotes: 139 Number Of Overvotes: 0 Total Number Of Votes: 6926 Total Number Of Blanks: 139 Official Results Report Pickering 2 / 6 Regional Councillor - Ward 2 Candidate Votes Bill McLEAN 2659 Gary Hugh STRANGE 2242 Number Of Undervotes: 78 Number Of Overvotes: 0 Total Number Of Votes: 4901 Total Number Of Blanks: 78 Regional Councillor - Ward 3 Candidate Votes David PICKLES 4468 Peter RODRIGUES 3150 Number Of Undervotes: 115 Number Of Overvotes: 0 Total Number Of Votes: 7618 Total Number Of Blanks: 115 Official Results Report Pickering 3 / 6 City Councillor – Ward 1 Candidate Votes Maurice BRENNER 2707 Haidar FUROZUNI 159 Nancy GRANADOS Tony HAROLD Lisa ROBINSON 569 779 2523 Clyde TAFFE 213 Number Of Undervotes: 115 Number Of Overvotes: 0 Total Number Of Votes: 6950 Total Number Of Blanks: 115 City Councillor – Ward 2 Candidate Votes Ian CUMMING 2536 Dave CURRIE 603 Tanya FOSTER 891 Sari SARIEDDINE 727 Number Of Undervotes: 222 Number Of Overvotes: 0 Total Number Of Votes: 4757 Total Number Of Blanks: 222 Official Results Report Pickering 4 / 6 1 City Councillor – Ward 3 Candidate Votes Javed AKHTAR 124 Shaheen BUTT 3115 Ali NAQVI 74 Nadia PEERZADA 2646 Damian WILLIAMS 1486 Number Of Undervotes: 288 Number Of Overvotes: 0 Total Number Of Votes: 7445 Total Number Of Blanks: 288 Trustee - Durham District School Board Dianne BARHAM Bruce BRADLEY Chris BRANEY Paul CRAWFORD Michelle FRANCIS Sandeep KAKAN Saul PERDOMO Candidate Votes 4294 2962 5216 4514 4209 2173 Shawnn SANDRASAGARA 530 Number Of Undervotes: 6727 Number Of Overvotes: 0 Total Number Of Votes: 24195 Total Number Of Blanks: 1621 297 Official Results Report Pickering 5 / 6 Trustee - French Language School Board (Conseil scolaire Viamonde) Candidate Votes Sylvie LANDRY Anna-Karyna RUSZKOWSKI 60 30 Number Of Undervotes: 11 Number Of Overvotes: 0 Total Number Of Votes: 90 Total Number Of Blanks: 11 Trustee – French Language Catholic School Board (Conseil scolaire catholique MonAvenir) Candidate Votes Roger BRIDEAU 65 Marcellin KWILU MONDO 14 Andre LINSKY 11 Balonda NKONGOLO 15 Number Of Undervotes: 8 Number Of Overvotes: 0 Total Number Of Votes: 105 Total Number Of Blanks: 8 Official Results Report Pickering 6 / 6 Regional Chair – Regional Municipality of Durham Candidate Votes Tom DINGWALL 4526 John HENRY 8026 John MUTTON 3105 Peter NEAL 1506 Muhammad Ahsin SAHI 1425 Number Of Undervotes: 1189 Number Of Overvotes: Total Number Of Votes: 18588 Total Number Of Blanks: 1189 0 Attachment # 3 to Report CLK 06-21 Procedures for Nominations and Appointment for Office of City Councillor, Ward 2 These Procedures have been created to outline the process that will be undertaken for the nomination and appointment of qualified individuals who have submitted a Consent of Nominee Application and Declaration of Qualification for the Vacancy for City Councillor, Ward 2. Note: These Procedures may be amended as required and determined by the City Clerk. The City Clerk, or designate, shall be responsible for interpreting, and where appropriate, facilitating the appointment application process as well as the nomination and appointment process as outlined in these Procedures. Special Council Meeting (Electronic Meeting): 1. An electronic Special Meeting of Council will be held to hear presentations and review the applicants who have applied and consented to the appointment for the Office of City Councillor, Ward 2. 2. No verbal delegations will be permitted from the public at this meeting. Members of the public may submit written correspondence to the City Clerk by noon on the business day prior to the Meeting. 3. The Agenda for the Special Meeting will include the following items: (a) Roll Call (b) Disclosure of Interest (c) Opening Remarks from the Mayor (d) Presentations from Applicants (Copies of all application documents for each applicant will be included in this section of the public Meeting agenda) (e) Matters for Consideration – Appointment to the Office of City Councillor, Ward 2 (f) By-law to Appoint City Councillor, Ward 2 (g) Oath of Office for Newly Appointed Member of Council (h) Confirmation By-law (i) Adjournment 4. Under Presentations, each applicant will be allowed to provide a 5 minute presentation to Council. Applicants will be invited into the Electronic Meeting so that they can appear on camera before Council and the public through the Livestream. The applicant’s presentation will be verbal and applicant’s may display a PowerPoint presentation by sharing their screen. If an applicant has a presentation aid, it must be approved by the City Clerk and submitted by noon, 2 business days prior to the Meeting. Page 1 of 6 Procedures for Nominations and Appointment for Office of City Councillor, Ward 2 5. The order of presentations by the applicants will be determined alphabetically based on the applicant’s last name, starting with A through Z. 6. After each applicant has provided their presentation, each Member of Council shall be permitted to ask one question per applicant. 7. Once the presentations and questions are complete, the applicant will be permitted to remain in the electronic meeting with their microphone muted and their camera turned off. The Clerk shall have the authority to remove an applicant from the Meeting if necessary. Presiding Officer for the Nomination and Appointment Process: 8. Following the presentations and question period, the Mayor, as the Chair, will relinquish the Chair to the City Clerk who shall preside over the Meeting until the appointment process has been completed. Call for Nominations: 9. Under Matters for Consideration, the Clerk shall call for nominations for the Office of City Councillor, Ward 2, to be opened and will request a mover and seconder for the following motion: “That the nominations for the Office of City Councillor, Ward 2, be opened.” 10.The following procedures will apply to this portion of the Meeting: (a) Each nomination must be moved and seconded. If a nomination is not seconded, it will not move forward and the applicant’s name will not be included on the final list of candidates who may be voted on. (b) A Member of Council may make more than one nomination. (c) When all nominations are complete, the Clerk will call for any other nominations and when no others are made, the Clerk will advise that nominations are closed and will ask for a motion, duly moved and seconded, that nominations be closed. The motion will read as follows: “That the nominations for the Office of City Councillor, Ward 2, be closed.” 11.Should there only be one nomination, a vote will be taken on the nominee and they must achieve a majority vote of Council to be appointed. Page 2 of 6 Procedures for Nominations and Appointment for Office of City Councillor, Ward 2 Process for Voting on Multiple Nominees: 12.If there is more than one nomination, the Clerk will proceed to take a vote on the nominees in accordance with the following: (a) The vote shall be a recorded vote of all Members present and voting, the order of which will be decided by random draw by the Clerk. When a Member of Council is called upon, they will state the name of the nominee in which they are voting for. (b) In order to be appointed, a nominee must receive a majority of the votes of Council. (c) If there are only 2 nominees: i. the first nominee who receives the majority required to be appointed, shall be declared appointed and a motion, duly moved and seconded will be required by Council as follows: “That ___________________ be appointed to the Office of City Councillor, Ward 2, for the remainder of the 2018-2022 Term of Council ending on November 14, 2022.” ii. If there is an equal number of votes for the 2 nominees, a 10 minute recess shall be held followed by a second vote. If on the second vote there is still an equal number of votes or a nominee does not receive the majority required to be appointed, the Clerk shall conduct a draw by lot of the nominees and the nominee who is drawn, shall be declared appointed and a motion, duly moved and seconded will be required by Council as follows: “That ___________________ be appointed to the Office of City Councillor, Ward 2, for the remainder of the 2018-2022 Term of Council ending on November 14, 2022.” (d) If there are more than 2 nominees: i. The first nominee who receives the majority required to be appointed, shall be declared and appointed; ii. If no nominee receives the majority required to be appointed by all voting Members of Council, the name of the nominee receiving the least number of votes shall be dropped and Council shall proceed with the next vote on the remaining nominees; iii. If 2 or more nominees are tied with the least number of votes, the Clerk shall conduct a lot of the tied nominees until there is one not drawn, and the nominee who is not drawn, shall be dropped off the list and Council shall proceed with the next vote; Page 3 of 6 Procedures for Nominations and Appointment for Office of City Councillor, Ward 2 iv. Voting shall continue until either a nominee receives the majority required to be appointed or it becomes apparent by reason of an equal number of votes or any other reason that no nominee can be appointed, in which event the procedure as stated in clause 12 (c) ii shall apply and the Clerk shall conduct a draw by lot of the nominees and the nominee who is drawn, shall be declared appointed. (e) To give effect to the appointment, the following motion is required by Council: “That ___________________ be appointed to the Office of City Councillor, Ward 2, for the remainder of the 2018-2022 Term of Council ending on November 14, 2022.” By-law to Appoint City Councillor, Ward 2: 13.The Clerk will ask for a mover and seconder to adopt a By-law appointing the successful candidate who has been appointed in accordance with these Procedures. Oath of Office: 14.The Clerk shall administer the Oath of Office to the newly appointed Member of Council. 15.The newly appointed Member of Council will be permitted 5 minutes to address Council and the public to provide their remarks on being appointed to the seat. Return of the Chair to the Mayor: 16.The Clerk shall relinquish the Chair back to the Mayor at this point in the meeting so that the remaining agenda items can be completed. 17.Where a situation occurs that is not otherwise accounted for in these procedures, the City Clerk shall recommend an alternate process to Council. Page 4 of 6 Procedures for Nominations and Appointment for Office of City Councillor, Ward 2 Examples and Explanation of Voting Process/Results: The following tables provide an explanation and examples of how the results would be interpreted as a result of the recorded votes called by the Clerk as outlined in these Procedures. Should all 6 Members of Council be present and voting, 4 votes would constitute a majority. Example 1: In this scenario, 2 candidates were nominated and Candidate A would be declared to have the majority vote required to fill the vacant seat. Candidate A Candidate B Councillor A X Councillor B X Councillor C X Councillor D X Councillor E X Councillor F X Example 2: In this scenario, 2 candidates were nominated and there is an equal amount of votes. In accordance with Section 12 (c) ii, a 10 minute recess would be held and a subsequent vote taken. If the results were the same, the Clerk would conduct a draw as per Section 12 (c) ii, and the nominee who is drawn would be declared the successful candidate. Candidate A Candidate B Councillor A X Councillor B X Councillor C X Councillor D X Councillor E X Councillor F X Example 3: In this scenario, 3 candidates were nominated and Candidate C would be eliminated as they received only 1 vote. Further voting would take place for the remaining 2 candidates (Candidates A and B) as neither received the majority vote required. Page 5 of 6 Procedures for Nominations and Appointment for Office of City Councillor, Ward 2 Candidate A Candidate B Candidate C Councillor A X Councillor B X Councillor C X Councillor D X Councillor E X Councillor F X Example 4: In this scenario, 4 candidates were nominated and the Clerk would conduct a draw with the nominees with the least votes (Candidates C & D) as per Section 12 (d) iii of these Procedures, and the nominee who is not drawn would be eliminated and the next vote would occur for the remaining 3 candidates. Candidate A Candidate B Candidate C Candidate D Councillor A X Councillor B X Councillor C X Councillor D X Councillor E X Councillor F X Page 6 of 6