Mayor Brocanier and Council Members

Transcription

1 THE STAFF REPORT TO: FROM: TITLE: Mayor Brocanier and Council Members Lorraine Brace Municipal Clerk on behalf of the Striking Committee: Mayor Brocanier, Deputy Mayor Henderson and Councillor Darling DATE OF MEETING: December 12, 2016 TITLE / SUBJECT: Council Vacancy Options Report REPORT DATE: December 7, 2016 File #: 1.0 STRATEGIC PLAN n/a 2.0 RECOMMENDATION WHEREAS Larry Sherwin resigned as a Councillor for the Town of Cobourg effective December 12, 2016; and WHEREAS Council accepted the resignation with regret and declared the Council Seat vacant at the Regular Council meeting of December 12, 2016; and WHEREAS the Striking Committee made up of Mayor Brocanier, Deputy Mayor Henderson and Councillor Darling met to consider options to proceed to initiate the process for filling the vacancy on Municipal Council pursuant to Section 263 (1) of the Municipal Act; NOW THEREFORE BE IT RESOLVED THAT Council choose Option 3 in the staff report to appoint an Eligible Elector to fill the vacancy through the established process pursuant to Section 263 of the Municipal Act; and FURTHER THAT Council direct the Municipal Clerk to post a Council Vacancy Notice on the Municipal website and in the local newspaper for at least (2) consecutive weeks after the vacancy was officially declared on December 12, 2016; and

2 FURTHER THAT Council direct the Municipal Clerk to follow the Appointment Procedure to fill a Vacancy on Municipal Council as outlined in Policy #LEG- OPS7 and attached to the staff report; and FURTHER THAT any Eligible Elector wishing to be considered for appointment to fill the Council vacancy will be required to complete and sign a Declaration of Qualification/Consent to Appoint Form approved by the Municipal Clerk or designate; and will be required to submit the form to the Municipal Clerk by no later than 4:00 p.m. on Wednesday, January 18, 2017 in accordance with the Town of Cobourg Procedure to Fill a Vacancy on Municipal Council Policy #LEG-OPS7; and FURTHER THAT once the Municipal Clerk has certified a list of Candidates/Electors who are eligible for appointment, and prior to the Special Open Council appointment meeting to be held at 4:00 p.m on Monday, January 23, 2017 in the Council Chambers, a Notice of the meeting will be published to include the names of the Eligible Candidates in alphabetical order and the meeting agenda will be posted on the Municipal Civic Website; FURTHER THAT Council will provide each Eligible Candidate with the opportunity to make a (10) minute presentation to Council in support of their application prior to the first round of voting and the order of the candidates to speak will be drawn by the Municipal Clerk or designate; and FURTHER THAT Council will fill the vacant Councillor position by appointing the person who was chosen through the established process at the Special Council meeting held on January 23, 2017; and who consented to accept the office as appointed and who will make a formal Declaration of Office at the January 30, 2017 Regular Council meeting; and FURTHER THAT the Striking Committee shall conduct a mid-term review of the existing Coordinator Roles and recommend changes as considered appropriate to be presented at the January 30, 2017 Regular Council meeting for approval by Council. 3.0 ORIGIN At the December 5, 2016 Committee of the Whole meeting, Councillor Sherwin announced that he will be presenting a formal letter of resignation to Council at the December 12, 2016 Regular Council meeting to come into effect at the conclusion of that meeting. The Town of Cobourg Council adopted a Procedure to Fill a Vacancy on Municipal Council on August 8, 2016 (LEG-OPS7) for the Striking Committee to follow when preparing to initiate the process for filling a Council vacancy.

3 4.0 BACKGROUND The Town of Cobourg Council passed a policy outlining a Procedure to Fill a Vacancy on Municipal Council on August 8, A meeting of the Council Selection Committee was held to consider options for filling the recent Council Vacancy based on the approved Procedure attached to this report as Appendix "A" and pursuant to Section 263 (1) of the Municipal Act S.O which provides that the Municipality shall: a. require a by-election to be held to fill the vacancy in accordance with the Municipal Elections Act, 1996; or b. fill the vacancy by appointing a person who has consented to accept the office if appointed. Pursuant to Section 263 (5) (i) of the Municipal Act, S.O. 2001, if a vacancy is to be filled by appointment, the vacancy shall be filled within 60 days of declaring the vacancy (December 12, 2016). Council shall declare by resolution its preferred appointment process at the meeting where vacancy is declared or at its next meeting. If a vacancy occurs for a Councillor, and is to be filled by appointment, Council may choose to fill the vacancy by appointing: a) any qualified individual as outlined in Section 256 of the Municipal Act, Municipal Council may decide by resolution on or before the Council Appointment Meeting, how the Appointment process shall be conducted when a Municipal Council vacancy occurs. Council may: a. Choose to appoint the Council Candidate who received the most number of votes in the previous election and the amount of votes received were significant enough to warrant appointment of the Candidate to Municipal Council; or b. Choose to appoint an Eligible Elector to fill the vacancy without an established formal selection process; or c. Choose to appoint an Eligible Elector to fill the vacancy through an established formal process (as outlined in the Procedure to Fill a Vacancy on Municipal Council #LEG-OPS7). d. Require a by-election to be held to fill the vacancy in accordance with the Municipal Elections Act, 1996.

4 5.0 ANALYSIS A meeting of the Council Striking Committee made up of Mayor Brocanier, Deputy Mayor Henderson and Councillor Darling was held to consider the following options as outlined in the Town of Cobourg Procedure to Fill a Vacancy on Municipal Council Policy #LEG-OPS7: Option 1: A review of the Council Candidate who received the most number of votes in the previous 2014 Municipal Election after the recent appointment of Aaron Burchat to fill the last Council Vacancy was conducted. Based on the review, the next candidate received substantially less than 50% of the number of votes received by the lowest elected Councillor. Therefore, it was deemed that the number of votes received was not significant enough to warrant appointment. Option 2: Choosing to appoint an Eligible Elector to fill the vacant position without a formal selection process was not supported. Option 3: The option of choosing to appoint an Eligible Elector to fill the vacancy through the process established in the Town of Cobourg's Procedure to Fill a Vacancy on Council was the favourable option and there was agreement to recommend this option to Council. Option 4: Require a by-election to be held to fill the vacancy. This option was not recommended due to the excessive costs ($40,000+) associated with conducting a full by-election and would place a substantial financial burden on the local taxpayers. 6.0 FINANCIAL IMPLICATIONS/BUDGET IMPACT The cost for proceeding with the Option to appoint an Eligible Elector to fill the vacancy through the established process would be minimal and limited to advertising for qualified individuals interested in being considered for appointment through the established process. 7.0 CONCLUSION It is the recommendation of the Council Selection Committee that Council proceed to initiate the process for filling the vacancy on Municipal Council for a Councillor due to the recent resignation of Larry Sherwin, Council Member effective December 12, 2016 by choosing to appoint an Eligible Elector to fill the vacancy through the established process (option 3 in the staff report); and FURTHER THAT Council direct the Municipal Clerk to post a Council Vacancy

5 Notice on the Municipal website and in the local newspaper for at least (2) consecutive weeks after the vacancy is officially declared on December 12, 2016; and FURTHER THAT Council direct the Municipal Clerk to follow the Appointment Procedure to fill a Vacancy on Municipal Council as outlined in Policy #LEG- OPS7 and attached to the staff report; and FURTHER THAT Council fill the vacant Councillor position by appointing a person who has been chosen through the established process and who has consented to accept the office if appointed at the January 30, 2017 Regular Council meeting; and FURTHER THAT the Selection Committee conduct a mid-term review of the existing Coordinator Roles and shall recommend changes as considered appropriate to be presented to Council at the January 30, 2017 Regular Council meeting. 8.0 ATTACHMENTS Town of Cobourg Procedure to Fill a Vacancy on Council Policy # LEG OPS7 Approved By: Ian Davey Stephen Peacock Department: Finance CAO

6 Division: Corporate Services Effective Date: August 8, 2016 Department: Legislative Services Policy Title: Procedure to Fill a Vacancy on Section # 3-1 Municipal Council Policy # LEG-OPS7 Purpose The following procedure shall be used to determine if a vacant Council seat will be filled by By-election or Appointment, and to outline the process when appointing a Municipal Council Member, a Candidate or an Eligible Elector to fill a vacancy on Municipal Council. Policy 1.0 PROCESS In accordance with the Municipal Act, S.O. 2001, when the seat of a Member of Council becomes vacant the Municipal Council is required to declare the seat vacant and determine if the seat will be filled by By-election or Appointment. A vacancy can occur on Council in several different ways, including death or resignation of a Member, or when a Member becomes disqualified from holding office. In accordance with section 263 (1) of the Municipal Act, S.O. 2001, the Municipality shall: a) Require a by-election to be held to fill the vacancy in accordance with the Municipal Elections Act, 1996; or b) Fill the vacancy by appointing a person who has consented to accept the office if appointed; PART 1: BY-ELECTION 2.0 REQUIRMENTS 2.1 In accordance with Section 263 (5) of the Municipal Act, S.O. 2001, Council shall pass a by-law calling for a by-election within 60 days of declaring a vacancy of Council. 2.2 All other procedures regarding a by-election shall be administered by the Municipal Clerk in accordance with Section 65 of the Municipal Elections Act, Page 1 of 7

7 Division: Corporate Services Effective Date: August 8, 2016 Department: Legislative Services Policy Title: Procedure to Fill a Vacancy on Section # 3-1 Municipal Council Policy # LEG-OPS7 PART 2: APPOINTMENT 3.0 REQUIRMENTS 3.1 In accordance with Section 263 (5)(1)(i) of the Municipal Act, S.O. 2001, if a vacancy is to be filled by appointment, the vacancy shall be filled within 60 days of declaring the vacancy. Council shall declare by resolution its preferred appointment process at the meeting where vacancy is declared or at its next meeting. 3.2 If a vacancy occurs for the Office of the Mayor and is to be filled by appointment, Council may choose to fill the vacancy by appointing: a) A current member of Municipal Council; or b) Any qualified individual as outlined in Section 256 of the Municipal Act, If a vacancy for the Office of the Deputy Mayor and is to be filled by appointment, Council may choose to fill the vacancy by appointing: a) A current member of Municipal Council; or b) Any qualified individual as outlined in Section 256 Municipal Act, If a vacancy occurs for a Councillor, and is to be filled by appointment, Council may choose to fill the vacancy by appointing: a) Any qualified individual as outlined in Section 256 of the Municipal Act, Page 2 of 7

8 Division: Corporate Services Effective Date: August 8, 2016 COBOURG Department: Legislative Services Policy Title: Procedure to Fill a Vacancy on Municipal Council Section # 3-1 Policy # LEG-OPS7 3.5 Municipal Council may decide by resolution on or before the Council Appointment Meeting, how the Appointment process shall be conducted when a Municipal Council vacancy occurs. Council may: a. Choose to appoint the Council Candidate who received the most number of votes in the previous municipal election and the amount of votes received were significant enough to warrant appointment of and deemed by Council to be significant enough to warrant appointment of the Candidate to Municipal Council; or b. Choose to appoint an Eligible Elector to fill the vacancy without a formal selection process; or c. Choose to appoint an Eligible Elector to fill the vacancy through an established formal selection process. 4.0 NOTICE TO FILL VACANCY- SELECTION PROCESS 4.1 The Municipal Clerk shall post a Council Vacancy Notice on the Municipal website and in the local newspaper for two (2) consecutive weeks after the vacancy is officially declared. 5.0 APPOINTMENT PROCEDURE 5.1 Any individual wishing to be considered for appointment to fill the Council vacancy shall complete and sign a declaration of qualification/consent to appointment form, approved by the Municipal Clerk, and will submit the form to the Municipal Clerk in person by the date and time established. 5.2 Any individual wishing to be considered for appointment to fill the Council vacancy will be required to provide identification to prove his or her identity and qualifying address to the satisfaction of the Municipal Clerk. In order to be a qualified to hold office as a Municipal Councillor, a person must be: Page 3 of 7

9 Division: Department: Policy Title: Corporate Services Legislative Services Procedure to Fill a Vacancy on Municipal Council Effective Date: August 8, 2016 Section # 3-1 Policy # LEG-OPS7 18 years of age or older; A Canadian Citizen; A resident of the Town of Cobourg, or an owner or tenant of land in the Municipality or the spouse of such an owner or tenant; and Not be prohibited from holding municipal office or from voting under any Act. 5.3 The Municipal Clerk shall certify a list of Candidates/Electors who are eligible for appointment, prior to the Council appointment meeting which shall include the Candidates' names and give notice as to the date and time for the Council appointment meeting. 5.4 Any Council documentation related to candidates will be published in alphabetical order by surname. 5.5 A vote to fill a vacancy on Municipal Council by appointment will occur at an open Council meeting. 5.6 Notwithstanding the requirements of the Procedural By-law, the agenda for the meeting shall be set by the Municipal Clerk to allow for the orderly proceeding of selecting a candidate. 5.7 At the meeting, the Chair will make a short statement for the purpose of the meeting and the general order of the proceedings to be followed. 5.8 The Municipal Clerk shall read out the names of all the individuals certified to be eligible for filling a Council vacancy (alphabetically by surname). These names shall be the official list of candidates. 5.9 Each candidate on the official list of candidates will be provided with ten (10) minutes to speak prior to the first round of voting. The order of the candidates to speak will be drawn by the Municipal Clerk. 6.0 ACCLAMATION 6.1 If the Official List of Candidate(s) includes only one candidate, the Municipal Clerk will declare that candidate elected and a resolution or by-law will be prepared and submitted to Council for enactment. Page 4 of 7

10 Division: Department: Policy Title: Corporate Services Legislative Services Procedure to Fill a Vacancy on Municipal Council Effective Date: August 8, 2016 Section # 3-1 Policy # LEG-OPS7 7.0 VOTING PROCEDURE 7.1 If the Official list of Candidate(s) includes more than one (1) candidate, rounds of voting will be concluded as follows: a) In accordance with Section 244 of the Municipal Act, 2001 no vote shall be taken by ballot or by any other method of secret voting. b) The Municipal Clerk shall progress through the Official List of Candidates in alphabetical order and call out the Candidate name to be voted on by Municipal Council. c) Council will vote on each Candidate announced by the Municipal Clerk at the same time by way of public vote, by the show of hands. d) Each member of Council may vote for one (1) candidate only in each round and all members of Council present shall vote during the appointment and selection process. 7.2 Rounds of voting shall continue until a Candidate has received more than one-half (1/2) of the votes of the Members of Council present. 7.3 Where a round of voting does not result in a Candidate receiving more than one-half (1/2) of the Votes of the Members of Council present: a) In any round of voting, one (1) vote shall be considered the lowest number of possible votes. Where Candidates receive zero (0) votes, they will be automatically excluded from the Official List of Candidates in the next round of voting. b) The candidates with the fewest number of votes will be automatically excluded from the Official List of Candidates in the next round of voting. c) Voting shall continue until one Candidate receives more than one-half 1/2 of the votes of the Members of Council present. d) The Municipal Clerk will ask the Candidates present in person if they wish to withdraw their name from the contest after each round of voting. Page 5 of 7

11 Division: Corporate Services Effective Date: August 8, 2016 Department: Legislative Services Policy Title: Procedure to Fill a Vacancy on Section # 3-1 Municipal Council Policy # LEG-OPS7 e) The Municipal Clerk will record the votes and announce the results verbally at the end of each round of voting. 7.4 When voting has concluded and a Candidate has received the highest number of votes necessary, that Candidate shall be elected to fill the Council Vacancy. 7.5 In the event of a tie vote, and with reference to s.62 (3) of the Municipal Elections Act, 1996, the Municipal Clerk will break the tie by writing each of the remaining candidate's names on an individual piece of paper. The Municipal Clerk will place both names in a container and pull one piece of paper which will be the Candidate that will be declared elected by Council. Definitions "Candidate" shall mean any person who was nominated in the most recent regular municipal election for election to the office that has been declared vacant, provided that the nomination was certified by the Municipal Clerk in accordance with the Municipal Elections Act 1996, and further provided that they are still qualified under the Municipal Act, or the Municipal Elections Act "Chair" shall mean the Member of Council presiding at the Council meeting to appoint an individual to fill a Council vacancy. "Council" shall mean the Municipal Council of the Corporation of the Town of Cobourg. "By-election" shall mean an election held to fill any vacancy, conducted in accordance with the provisions of Section 65 of the Municipal Elections Act, 1996 as amended. "Municipal Clerk" shall mean the Municipal Clerk for the Town of Cobourg and as defined in the Municipal Act, S.O. 2001, and the Municipal Elections Act "Vacancy" shall mean when a seat on Council is vacant in accordance with Section 259 of the Municipal Act, and vacant has a corresponding meaning. Page 6 of 7

12 Division: Corporate Services Effective Date: August 8, 2016 Department: Legislative Services COBOURG Policy Title: Procedure to Fill a Vacancy on Section # 3-1 Municipal Council Policy # LEG-OPS Scope This policy shall apply to Municipal Council when a vacancy is declared by Council, and shall also apply to the Municipal Clerk when fulfilling the duties and requirements when a Vacancy is to be filled. Administration The Municipal Clerk shall implement and administer the terms of this policy. Cross Reference Policy # Procedure # Resolution # Revision Description: Signature/Municipal Clerk: Council Approval Date: 1 AO - vitetui.e4v,u/ August 8, 2016 Page 7 of 7