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.
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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;
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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.
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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.
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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
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