HomeMy WebLinkAboutCS 23-04PICKERING
REPORT TO
COUNCIL
Report Number: CS 23-04
Date: July 13, 2004
59
From:
Bruce Taylor, AMCT, CMM
City Clerk
Subject: Vacancy in Office of Ward 2 Regional Councillor
Recommendation:
That Report to Council CS 23-04 regarding the vacancy in the office of Ward 2
Regional Councillor be received;
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 Ward 2
Regional Councillor as vacant;
3. That Council select one of the following options for filling the vacancy:
a)
That the by-law to appoint to fill the vacancy in the
office of Ward 2 Regional Councillor be read three times and enacted;
OR
b)
That the by-law to require a by-election to fill the vacancy in the office of
Ward 2 Regional Councillor be read three times and enacted; and,
The appropriate officials of the City of Pickering be given authority to give effect
thereto.
Executive Summary:
Pursuant to the Municipal Act, 2001, due to the election of the incumbent as a member
of the Federal Parliament, Council must declare the office of Regional Councillor Ward
2 as vacant and consider its options to fill this vacancy through an appointment or a by-
election.
6O
Report CS 23-04
Vacancy in Office of Ward 2 Regional Councillor
July 13, 2004
Page 2
Financial Implications:
If Council chooses to hold a by-election to fill the vacancy, the cost of a by-election will
be approximately $80,000.
The costs related to holding a by-election consists primarily of preparation of voters
lists, rental of equipment and staffing of polling stations.
If this option is selected, funds will need to be found elsewhere in the budget as this is
an unbudgeted item. The 2004 budget contains a transfer to the Contingency Reserve
in the amount of $90,000 for funding of the next municipal election in 2006. An annual
provision is included in each current budget year leading up to the next municipal
election for funding purposes. Council may authorize the redirection of these funds to
fund the by-election option. However if selected the provision included in the 2005 and
2006 Current Budgets would then need to be increased by 50 percent, to approximately
$135,000 in each of these years to allow adequate funding for the next municipal
election. The 2005 budgetary impact would be approximately .25% increase on the
City's tax levy.
Background:
As a result of Mark Holland becoming a Member of Parliament effective July 12, 2004,
the office of Regional Councillor Ward 2 has become vacant and pursuant to the
requirements of Section 262(1) of the Municipal Act, 2001, Council must declare the
office to be vacant.
Once the vacancy has been declared, Council must fill the vacancy either by an
appointment or through a by-election. Pursuant to Section 263(5) of the Act, Council
has 60 days to either appoint a person to fill the vacancy or pass a by-law requiring a
by-election.
Therefore, with respect to timing, Council is required to make the appointment or pass
the by-law requiring a by-election at its meeting of July 26th at the earliest or at a Special
Meeting on Friday, September 24th at the latest.
The only requirements in the Municipal Act, 2001, respecting an appointment is that the
person who is appointed consents to accept the office if appointed and the appointee
must be a qualified voter anywhere in the City of Pickering.
If Council chooses to pass a by-law to require a by-election, pursuant to Section 65(4)
of the Municipal Election Act, 1996, the Clerk shall fix the date of Nomination Day to be
a day not more than 60 days after the passage of the by-law and Voting Day shall be 45
days after Nomination Day.
Report CS 23-04
Vacancy in Office of Ward 2 Regional Councillor
July 13, 2004
Page 3
Therefore, if Council passes a by-law to require a by-election, it should do so either at
its meeting of July 26th or at a Special Meeting called on or before Monday, August 16th
in order to hold the by-election in November or very early December and avoid having
an election during the holiday period.
If an existing Member of Council is either appointed or elected to fill the vacancy, then
the process noted above will be started over again. If Council chooses to appoint an
existing Member of Council to fill the vacancy at its meeting of July 26th, then Council
may want to consider holding a Special Meeting on or before Monday, August 16th in
order to declare the second office vacant and to keep its options open if it chooses to
pass a by-law to require a by-election sometime in November or very early December.
Prepared
·-':;*;'~
~l~-~uce Taylor, AMCT, CMM
City Clerk
Approved / Endorsed By:
,~ ~illi~ A. Paterson
Director, Corporate Services & Treasurer
Recommended for the consideration of
Pickering City Council .~7,
Thom ,~J. Quinn, Chief Administrative Officer