REPORT. LOCATION: WARD: Page 1

Transcription

1 REPORT MEETING DATE: NOVEMBER 16, 2015 FROM: Clerk's Department DATE: November 3, 2015 SUBJECT: Council Vacancy Report LOCATION: WARD: Page 1 RECOMMENDATION: 3. That voting day be declared Monday April 11, KEY FACTS: The following are key points for consideration with respect to this report: The Municipal Act, 2001, states that if the office of a member of municipal Council becomes vacant as a result of a resignation or a council member becoming a member of the Assembly under the Legislative Assembly Act or of the Senate or House of Commons of Canada, the municipality must pass a motion to declare the seat to be vacant at its next regular meeting of Council. Councillor Damoff was elected as the Member of Parliament for the Oakville North Burlington riding on October 19, 2015 and resigned November 2, In accordance with the Council Vacancies procedure a vacancy that occurs prior to December 31 of the second year after a regular election is to be filled by by-election. To conduct a by-election to fill the vacancy, a by-law indicating that a byelection is required must be passed within 60 days of declaring the vacancy and Nomination day is to be set no more than 60 days from the date Council passes the by-law. Voting day must be 45 days after Nomination Day.

2 Page 2 Sample dates for holding a by-election range as early as March 21, 2016 and as late as April 18, BACKGROUND: Vacancies on a municipal council are addressed in Sections of the Municipal Act, 2001, (the Act). The Act stipulates that if the office of a member of municipal Council becomes vacant as a result of a resignation, or a council member becoming a member of the Assembly under the Legislative Assembly Act or of the Senate or House of Commons of Canada, the municipality must pass a motion to declare the seat to be vacant at its next regular meeting of Council. Town Councillor Pam Damoff was elected as a Member of Parliament for the Oakville North Burlington Riding on October 19, 2015 and subsequently submitted her resignation on November 2, 2015 effective immediately. Based on Oakville s meeting schedule, the office of Town Councillor for Ward 2 must be declared vacant at the November 16, 2015 Council meeting. Once Council has declared an office to be vacant, the Act states that Council has 60 days to pass a by-law requiring that a by-election be held to fill the vacancy. The Council Vacancies procedure states that when a vacancy is declared on or prior to December 31st of the second year after a regular election the position shall be filled through the conduct of a by-election. The process to fill a vacancy by a by-election is prescribed by the Municipal Elections Act (MEA) and a by-election is to be conducted as far as possible in the same way as regular elections. The Clerk is responsible to establish nomination day to be on a day not more than 60 days after Council passes the by-law requiring the by-election. The nomination period for candidates to file nominations begins the next business day after Council passes the by-law and ends at 2 p.m. on nomination day. There is no prescribed minimum time frame for a nomination period for a by-election and Voting Day is legislated to be 45 days after Nomination Day. By declaring the office vacant on Nov 16, 2015, the decision to pass the by-law to authorize a by-election must be made no later than Friday, January 15, COMMENT/OPTIONS: Various options for voting day have been determined. Suggested dates for holding a by-election range from the earliest possibility being March 21, 2016 to the latest option being April 18, Staff recommend April 11, 2016 as the most suitable date to hold the by-election. Should Council wish to consider alternative dates, options have been provided below along with considerations for each option and suggested motions.

3 Page 3 To ensure compliance with the MEA and to hold a by-election in the same manner as a regular election, the suggested options for voting day only include Friday nomination days and Monday voting days. Options have not been included where Nomination Day or Voting Day land on March Break, Good Friday (March 25), or Easter Monday (March 28).. Recommendation - Voting Day, Monday April 11, 2016 Monday, January 11, 2016 Council to pass a by-law to conduct a by-election Monday, January 12, 2016 Nomination period begins Friday, February 26, 2016 Nomination Day Monday, April 11, 2016 Voting Day (45 days after Nomination Day) Longer campaign period Special Council meeting required on Monday, January 11, 2016 Election held after March Break and Easter No requirement to move a regularly scheduled Council or Committee meeting on proposed Voting Day Option 1 - Voting Day, Monday March 21, 2016 Monday, November 16, 2015 declaration of vacancy Monday, December 14, 2016 Council to pass a by-law to conduct by-election Tuesday, December 15, 2016 Nomination period begins Friday, February 5, 2016 Nomination Day Monday, March 21, 2016 Voting Day (45 days after Nomination Day) Campaigning begins before and during Christmas season Shortest campaign period Advance voting could be held during March Break Election held between March Break and Easter March 21 st is a scheduled Planning and Development Council meeting and will need to be postponed until March 22 nd

4 Page 4 way of a by-election be brought forward the Council meeting scheduled for December 14, That voting day be declared Monday March 21, That the Planning and Development Council meeting scheduled for March 21 st be moved to March 22, Option 2 - Voting Day, Monday April 4, 2016 Monday, January 11, 2016 Council to pass a by-law to conduct a by-election Monday, January 12, 2016 Nomination period begins Friday, February 19, 2016 Nomination Day Monday, April 4, 2016 Voting Day (45 days after Nomination Day) Longer campaign period Advance voting could be held over the Easter weekend Special Council meeting required on Monday, January 11, 2016 Election held right after March Break and Easter April 4 th is a scheduled Council meeting and will need to be postponed until April 5th 3. That voting day be declared Monday April 4, That the Council meeting scheduled for April 4 th be moved to April 5th, Option 3 - Voting Day, Monday April 18, 2016 Monday January 11, 2016 Council to pass a by-law to conduct a by-election Tuesday, January 12 Nomination period begins Friday, March 4, 2016 Nomination Day Monday, April 18, 2016 Voting Day (45 days after Nomination Day)

5 Page 5 Longest campaign period Special Council meeting required January 11, 2016 April 18 th is a scheduled Planning and Development Council meeting and will need to be rescheduled to April 19th 3. That voting day be declared Monday April 18, That the Planning and Development Council meeting scheduled for April 18 th be moved to April 19, CONSIDERATIONS: (A) PUBLIC Notification of a by-election would be provided in accordance with the Municipal Elections Act and the Public Notice Requirement Policy. (B) FINANCIAL The Election Reserve fund is established to cover all election related expenses, including by-elections. All costs relating to a by-election would be paid from the Election Reserve fund. (C) IMPACT ON OTHER DEPARTMENTS & USERS The Clerk s department is responsible for administering municipal elections. (D) CORPORATE AND/OR DEPARTMENT STRATEGIC GOALS This report addresses the corporate strategic goal to: be accountable in everything we do (E) COMMUNITY SUSTAINABILITY N/A Prepared by: Kim Galione Manager of Elections Corporate Policy, Print & Mail Services Submitted by: Vicki Tytaneck Town Clerk