HomeMy WebLinkAboutCS 26-04PICKERING
REPORT TO
COUNCIL
Report Number: CS 26-04
Date: July 29, 2004
From:
Bruce Taylor, AMCT, CMM
City Clerk
Subject: Vacancy in the Office of Ward 2 City Councillor
Recommendation:
That Report to Council CS 26-04 regarding the vacancy in the office of Ward 2
City 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 City
Councillor as vacant.
That the draft by-law to require a by-election to fill the vacancy in the office of
Ward 2 City Councillor be enacted.
That the Director, Corporate Services & Treasurer be authorized to transfer the
required funds, in an amount not to exceed $90,000 from the Contingency
Reserve.
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, due to the appointment of Councillor McLean to
the office of Ward 2 Regional Councillor on July 26, 2004, the office of Ward 2 City
Councillor is now vacant and Council must declare it as such. Council passed
Resolution #109/04 at its meeting of July 26, 2004 expressing its desire to hold a by-
election to fill this vacancy.
Financial Implications:
The cost of holding a by-election will be approximately $80,000 which consists primarily
of preparation of the Voters' List, the rental of equipment and the staffing of polling
stations.
Report CS 26-04
Vacancy in Office of Ward 2 City Councillor
July 29, 2004
Page 2
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 transfer of these funds from the Reserve
to fund the by-election. This will not, in our opinion, result in the budget being changed.
As a result, 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
Background:
At its meeting of July 26, 2004, Council appointed Councillor McLean to the office of
Ward 2 Regional Council and as a result, the office of Ward 2 City Council is now
vacant and Council must declare it as vacant.
Once the vacancy has been declared, although Council has the option to fill the
vacancy either by appointment or through a by-election, Council did express its desire
to fill the vacancy through a by-election when it passed the following resolution at its
meeting of July 26, 2004:
WHEREAS Councillor Mark Holland was elected to the House of
Commons in the Federal election held on June 28, 2004; and
WHEREAS the office of Ward 2 Regional Councillor, which was held by
Councillor Holland, was deemed to be vacant on July 12, 2004, being the
date of the official posting of the election results in the Canada Gazette;
and
WHEREAS only seven months have passed since the election of
Councillor Holland; and
WHEREAS over twenty-eight months remain until the next municipal
election; and
WHEREAS democracy will be perceived to be achieved if electors have
direct say in the filling of the vacancy;
NOW THEREFORE be it resolved that the Council of the Corporation of
the City of Pickering hereby directs the Clerk of the Municipality to hold a
by-election to fill the vacancy of the City Seat as Council appointed Bill
McLean to the Regional Seat leaving the City Seat vacant.
Report CS 26-04
Vacancy in Office of Ward 2 City Councillor
July 29, 2004
Page 3
3
In considering the enactment of a by-law to require a by-election, Council should be
aware of the following requirements in Section 65(4) of the Municipal Elections Act,
1996:
65(4) If a by-election is to be held for an office, the following rules
apply:
1. The clerk shall fix the date of nomination day, to be a
day not more than 60 days after,
ii) the council of the clerk's municipality passes a
by-law indicating a by-election is required ....
3. Voting day shall be 45 days after nomination day.
4. The voters' list shall be prepared as follows:
i) the clerk shall notify the assessment
commissioner that a by-election is required,
ii) the assessment commissioner shall, at least 21
days before nomination day, give the clerk the
preliminary list or the part of it that is required for
the by-election, updated to the date he or she
received the clerk's notice,
iii) the clerk shall make corrections to the preliminary
list under section 22 as soon as possible after
receiving the list, and
iv) the corrected list constitutes the voters' list.
Based on the above, if a by-law is enacted on August 5, 2004 to require a by-election, I
will set Nomination Day to be Friday, September 24, 2004, which is 50 days following
the enactment of the By-law. Election Day would then be Monday, November 8, 2004,
which is 45 days following Nomination Day.
Attachments:
1. Draft By-law
Report CS 26-04
Vacancy in Office of Ward 2 City Councillor
July 29, 2004
Page 4
Prepared By: .
Bruce Taylor
City Clerk
Approved / Endorsed By:
Gillis A. Paterson
Director, Corporate Services & Treasurer
Attachment
Recommended for the consideration of
Pickering City Council~/~
T~omas J. Ouinn, Chief Administrative Officer