Filling of Council Vacancy -

Scarborough Highland Creek (Ward 16)

The Administration Committee recommends:

(1)the adoption of the recommendations of the Scarborough Community Council embodied in the communication (July 16, 1999) from the City Clerk; and

(2)that Council urgently request the Ontario Property Assessment Corporation (OPAC) to assure City Council, in writing, that the voters list to be prepared for the Scarborough by-election is as up-to-date and accurate as possible, with particular emphasis on residential tenancies and the updates provided by voters themselves at the time of the 1997 municipal election.

The Administration Committee submits the following communication (July 16, 1999) from the City Clerk:

Recommendations:

The Scarborough Community Council recommends the adoption of Option 2 in the report of the City Clerk (June 29, 1999) respecting the filling of the vacancy in Ward 16 - Scarborough Highland Creek, viz:

(1)that the vacancy be filled by means of a by-election;

(2)that Council authorize the use of vote-counting machines in the Scarborough Highland Creek by-election to be held September 23, 1999, as indicated in draft Bill No. 1;

(3)that Council authorize advance votes to be conducted as indicated in draft Bill No. 2;

(4)that Council authorize the payment of rebates to persons who make contributions to candidates in this by-election, similar to the provisions in the 1997 municipal elections, and as outlined in draft Bill No. 3;

(5)that the new Councillor when elected, be urged to give first consideration to retaining the current staff;

(6)that the Chief Financial Officer and Treasurer be authorized to transfer the necessary funds from the 1999 Corporate Contingency Account to cover the costs of Option 2; and

(7)that leave be granted to introduce the necessary Bills in Council and the appropriate City Officials be authorized to take the necessary action to give effect thereto.

Recorded vote:

Yeas:Councillors Altobello, Ashton, Balkissoon, Berardinetti, Cho, Duguid, Kelly, Mahood, Moeser, Tzekas - 10

Nays:Nil

Adopted unanimously by the Members present and voting.

Background:

The Scarborough Community Council, at its special meeting on July 15, 1999, had before it a communication (July 8, 1999) from the City Clerk:

(1)advising that City Council, at its meeting held on July 6, 7 and 8, 1999, adopted, without amendment, Recommendations (1) and (4) embodied in the report (June 29, 1999) from the City Clerk; and

(2)referred the balance of the report to the Scarborough Community Council for deputation purposes and report thereon to a special meeting of the Administration Committee to be called by the Chair of the Administration Committee, and subsequently to Council for consideration at its meeting scheduled on July 27, 28 and 29, 1999.

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The following persons appeared before the Community Council in connection with the foregoing matter:

In favour of a by-election:

-David Soknacki;

-Colin McDonald, Curran Hall Community Association;

-Alan Carter;

-Scott Harrison;

-Liz Oliver, West Rouge Community Association;

-Linda Carscadden;

-Dr. Peter Yannopoulos;

-George Pigadas;

-Ken Woolley;

-Leah Overs;

-Stan Roberts; and

-John Kruger.

In favour of an appointment:

-Helen Morton.

The Scarborough Community Council also received written submissions from:

-Peter Chmatil, Curran Hall Community Association;

-Suzi Mudhar;

-George Fowler and six others;

-Roy Martin, Cedar Ridge Neighbourhood Group;

-David Horrox;

-Lee-Anne Kearney;

-Alida Akey;

-Monika Bujalska;

-Jerome Persaud;

-Karen and Bart Boniface;

-The Board of Directors of The West Rouge Community Association;

-Ken Woolley;

-Richard Smart, B.Comm., C.A.;

-Sev and Gloria Puopolo;

-Tony Lamanna;

-Joe Gironda;

-Peter Lamanna;

-Hamish Marshall;

-Ken Pearson, Past President, Seven Oaks Community Association; and

-Margaret Langley.

(Copies of which were provided to all Members of the Community Council, and a copy thereof is on file in the Office of the City Clerk, Scarborough Civic Centre.)

The Administration Committee also submits the following communication (July 8, 1999) from the City Clerk:

City Council, at its meeting held on July 6, 7 and 8, 1999, adopted, without amendment, the following Motion:

Moved by:Councillor Balkissoon

Seconded By:Councillor Berardinetti

"WHEREAS Council has learned, with the deepest regret, of the passing of Councillor Frank Faubert, Scarborough Highland Creek; and

WHEREAS Section 43 of the Municipal Act states that 'where the seat of a member of council becomes vacant under Section 38, the Council shall forthwith declare the seat to be vacant'; and

WHEREAS the City Clerk has submitted the attached report dated June 29, 1999, regarding options to fill this vacancy; and

WHEREAS it is appropriate to hear the views of the public in filling this vacancy;

NOW THEREFORE BE IT RESOLVED THAT Council consider the report dated June 29, 1999, from the City Clerk;

AND BE IT FURTHER RESOLVED THAT Recommendations Nos. (1) and (4) embodied in the attached report from the City Clerk be adopted;

AND BE IT FURTHER RESOLVED THAT the balance of the report of the City Clerk be referred to the next meeting of the Scarborough Community Council for deputation purposes and report thereon to a special meeting of the Administration Committee to be called by the Chair of the Administration Committee, and subsequently to Council for consideration at its meeting scheduled on July 27, 28, and 29, 1999."

In so doing, Council adopted Recommendations Nos. (1) and (4) embodied in the report dated June 29, 1999, from the City Clerk, viz.:

"It is recommended that:

(1)the office of Councillor - Scarborough Highland Creek be declared vacant; and

(4)in the interim, the current staff continue to serve the constituents of Scarborough Highland Creek until the new Councillor is appointed or elected and a decision is made by Council or the new Councillor with respect to staffing;",

and referred the balance of the report, including the following recommendations embodied therein, to the next meeting of the Scarborough Community Council for deputation purposes and report thereon to a special meeting of the Administration Committee to be called by the Chair of the Administration Committee, and subsequently to Council for consideration at its meeting scheduled on July 27, 28, and 29, 1999:

"(2)Council determine which of the following options is to be adopted to fill the vacancy:

Option 1 - Appointment:

(a)the vacancy be filled by means of appointment;

(b)the City Clerk be directed to advertise for applications from qualified electors to be considered for appointment as Councillor - Scarborough Highland Creek;

(c)Council at its meeting scheduled for September 28, 1999, at 2:00 p.m. accept nominations and give consideration to the appointment of a qualified elector who has applied and consented to accept the office of Councillor - Scarborough Highland Creek for the remainder of this term of Council;

(d)each nominee be given a maximum of 5 minutes to address Council;

(e)questions may be asked of each nominee provided that the total question and answer period shall not exceed 5 minutes times the number of nominees; and

(f)the current staff continue to serve the constituents of Scarborough Highland Creek and the new Councillor when appointed.

Option 2 - By-Election:

(a)the vacancy be filled by means of a by-election;

(b)Council authorize the use of vote-counting machines in the Scarborough Highland Creek by-election to be held September 23, 1999, as indicated in the attached draft Bill No. 1;

(c)Council authorize advance votes to be conducted as indicated in the attached draft Bill No. 2;

(d)Council authorize the payment of rebates to persons who make contributions to candidates in this by-election, similar to the provisions in the 1997 municipal elections, and as outlined in the attached draft Bill No. 3; and

(e)the new Councillor when elected, be urged to give first consideration to retaining the current staff;

(3)the Chief Financial Officer and Treasurer be authorized to transfer the necessary funds from the 1999 Corporate Contingency Account to cover the costs of either Option 1 or Option 2; and

(5)leave be granted to introduce the necessary Bills in Council and the appropriate City Officials be authorized to take the necessary action to give effect thereto."

(Report dated June 29, 1999, addressed to

the Mayor and Members of Council from the

City Clerk, entitled "Council Vacancy -

Scarborough Highland Creek (Ward 16).)

Purpose:

The purpose of this report is to outline the options available to Council to fill the vacancy occurring in Scarborough Highland Creek as a result of the passing of Councillor Frank Faubert.

Source of Funds:

Should Council choose to fill the vacancy through a by-election, the estimated cost of administering the by-election is $130,000. Should Council decide to approve a contributor rebate program similar to the one introduced by the Minister of Municipal Affairs and Housing in the last municipal election, an additional cost of approximately $35,000 would be incurred by the City. If Council decides to fill the vacancy by appointment, an estimated amount of $20,000 will be necessary to cover advertising costs. It will be necessary to allocate funds from the 1999 Corporate Contingency Account to the City Clerk's budget for the cost of the by-election, or advertising to fill the vacancy by appointment.

Recommendations:

It is recommended that:

(1)the office of Councillor - Scarborough Highland Creek be declared vacant; and

(2)Council determine which of the following options is to be adopted to fill the vacancy.

Option 1 - Appointment:

(a)the vacancy be filled by means of appointment;

(b)the City Clerk be directed to advertise for applications from qualified electors to be considered for appointment as Councillor - Scarborough Highland Creek;

(c)Council at its meeting scheduled for September 28, 1999, at 2:00 p.m. accept nominations and give consideration to the appointment of a qualified elector who has applied and consented to accept the office of Councillor - Scarborough Highland Creek for the remainder of this term of Council;

(d)each nominee be given a maximum of 5 minutes to address Council;

(e)questions may be asked of each nominee provided that the total question and answer period shall not exceed 5 minutes times the number of nominees; and

(f)the current staff continue to serve the constituents of Scarborough Highland Creek and the new Councillor when appointed.

Option 2 - By-Election:

(a)the vacancy be filled by means of a by-election;

(b)Council authorize the use of vote-counting machines in the Scarborough Highland Creek by-election to be held September 23, 1999, as indicated in the attached draft Bill No. 1;

(c)Council authorize advance votes to be conducted as indicated in the attached draft Bill No. 2;

(d)Council authorize the payment of rebates to persons who make contributions to candidates in this by-election, similar to the provisions in the 1997 municipal elections, and as outlined in the attached draft Bill No. 3;

(e)the new Councillor when elected, be urged to give first consideration to retaining the current staff.

(3)the Chief Financial Officer and Treasurer be authorized to transfer the necessary funds from the 1999 Corporate Contingency Account to cover the costs of either Option 1 or Option 2;

(4)in the interim, the current staff continue to serve the constituents of Scarborough Highland Creek until the new Councillor is appointed or elected and a decision is made by Council or the new Councillor with respect to staffing; and

(5)leave be granted to introduce the necessary Bills in Council and the appropriate City Officials be authorized to take the necessary action to give effect thereto.

Comments and/or Justification:

Council has learned, with the deepest regret, of the passing of Councillor Frank Faubert, Scarborough Highland Creek.

Section 43 of the Municipal Act states that "Where the seat of a member of a council becomes vacant under section 38, the council shall forthwith declare the seat to be vacant." This declaration of a vacancy must be carried out before Council can make a decision on how the vacancy is to be filled.

There are two options available to Council for filling the vacancy in the office of Councillor, Scarborough Highland Creek:

(1)Appointment:

Section 45 of the Municipal Act states in part that "subject to section 46, where a vacancy occurs in the office of a member of the council of a local municipality, the council at a meeting called for that purpose shall appoint a person who has consented to accept the office if he or she is appointed to fill the vacancy and,

(a)in the case of the office of councillor or alderman, such person is a person qualified to hold office as a member of the council; and....".

To be qualified a person must be:

(i)18 years of age or older;

(ii)a Canadian citizen;

(iii)a resident in the City of Toronto, an owner or tenant of land in the City or the spouse of such an owner or tenant; and

(iv)not disqualified under Section 37 of the Municipal Act, or any other Act.

If Council chooses to fill the vacancy by appointment, it is suggested that the City Clerk be authorized to advertise to invite applications from qualified electors and that Council give consideration to the appointment at its meeting scheduled for September 28, 1999, at 2:00 p.m.

(2)By-election:

Section 46 of the Municipal Act states that "If the office of a member of the council of a local municipality becomes vacant the council may, by by-law, require an election to be held to fill the vacancy, and in that case the clerk shall hold a by-election in accordance with section 65 of the Municipal Elections Act, 1996."

Under section 65 of the Municipal Elections Act, 1996, if Council determines that a by-election is to be held, the Clerk is responsible for setting the date of nomination day which is to be a day not more than 30 days after the passing of the by-law indicating a by-election is required. Voting day must be 31 days after nomination day.

Should Council choose to fill the vacancy through a by-election, the estimated cost of administering the by-election is $130,000. Should Council decide to approve a contributor rebate program similar to the one introduced by the Minister of Municipal Affairs and Housing in the last municipal election, an additional cost of approximately $35,000 would be incurred by the City. The necessary funds should be allocated from the 1999 Corporate Contingency Account to the City Clerk's budget for the cost of the by-election.

Section 47 of the Municipal Elections Act, 1996 states that "A person appointed or elected to an office under section 45 or 46 shall hold office for the remainder of the term of the person whose place he or she is appointed or elected to fill." Accordingly the person appointed or elected would hold office until November 30, 2000.

Past Practices in Filling Vacancies:

In reviewing past practices, we researched vacancies in the former municipalities now making up the City of Toronto back to 1984 and found a total of 19 vacancies that were filled. Of these 19 vacancies, 11 were filled by appointment and 8 through by-elections.

Of the 11 appointments, 9 were in an election year, 6 of which were after the mandatory March 31^st date as provided in the Municipal Elections Act. The remaining 2 appointments were made in the year preceding an election year. One was made in the month of June and the other in the month of October. In the subsequent municipal election, 6 of the 11 ran for office.

Of the 8 by-elections, none were in an election year, 4 were held in the year preceding an election year. The remaining 4 by-elections were held in the year immediately following the previous municipal election. In the subsequent municipal election, 7 of the 8 ran for office.

Public Consultation:

Council may wish to seek public consultation with respect to the foregoing options. If this is the direction of Council, it is recommended that Recommendation Nos. (1) and (4) be adopted by Council at this time and that the balance of this report be referred to the next meeting of the Scarborough Community Council for deputation purposes and report thereon to a special meeting of the Administration Committee to be called by the Chair of the Administration Committee, and subsequently to Council for consideration at its meeting scheduled on July 27, 28, and 29, 1999.

Staffing:

Given the experience and knowledge of the current staff in serving the constituents of Scarborough Highland Creek through the office of Councillor Faubert since the beginning of this term of Council, it is recommended that the current staff continue to support the office in the interim until a new Councillor is appointed or elected, and a decision is made by the new Councillor with respect to staffing. It is also recommended that the new Councillor when appointed or elected be urged to give first consideration to retaining the current staff.

Conclusion:

Council must make a determination on whether the vacancy in the office of Councillor - Scarborough Highland Creek should be filled by appointment or by by-election. If Council deems that a by-election is to be held, a by-law should be passed indicating an election is required to fill the vacancy.

Contact Name:

John Hollins, Director of Elections

Telephone No. 392-8019

E-mail: jhollins@city.north-york.on.ca

(Ms. Liz Oliver, President, West Rouge Community Association, appeared before the Administration Committee in support of the recommendations of the Scarborough Community Council.)

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  Draft Bill No. 1

  THE CITY OF TORONTO

 By-law No. _________

A by-law to provide for the use of vote-counting equipment in respect of the by-election to be held in Scarborough Highland Creek on September 23, 1999.

WHEREAS, Section 42 of the Municipal Elections Act, 1996, S.O. 1996, provides that a municipal council may, at least sixty days prior to voting day, pass a by-law authorizing the use of voting and vote-counting equipment (or alternative voting methods);

Now therefore, the Council of the City of Toronto, HEREBY ENACTS as follows:

1.The use of vote-counting equipment is hereby authorized in respect of the by-election to be held for the position of Councillor, Scarborough Highland Creek.

 ENACTED AND PASSED this ______ day of _____________, A.D. 1999.

   ______________________________

Mayor

  ______________________________

Clerk

      Draft Bill No. 2

 THE CITY OF TORONTO

 By-law No. _________

A by-law to provide for advance votes to be held prior to voting day in respect of the by-election to be held in Scarborough Highland Creek on September 23, 1999.

WHEREAS, Section 43(1) of the Municipal Elections Act, 1996, S.O. 1996, provides that a municipal council shall pass a by-law establishing one or more dates for an advance vote, and the hours during which voting places shall be open on that date or dates;

Now therefore, the Council of the City of Toronto, HEREBY ENACTS as follows:

1.Advance voting shall be held weekdays from Monday, September 13, 1999 to Friday, September 17, 1999, between the hours of 12:00 noon and 8:00 p.m., at the City of Toronto, Scarborough Civic Centre, 150 Borough Drive.

2.A second advance vote shall also be held on Saturday, September 18, 1999, between the hours of 12:00 noon and 8:00 p.m., at:

(A)Port Union Community Centre, 5450 Lawrence Avenue East; and

(B)Curran Hall Community Centre, 277 Orton Park Road.

 ENACTED AND PASSED this ______ day of _____________, A.D. 1999.

  ______________________________

Mayor

  ______________________________

Clerk

   Draft Bill No. 3

THE CITY OF TORONTO

By-law No. _________

 A by-law to provide for the payment of rebates to persons who make contributions to candidates for the Scarborough Highland Creek By-Election to be held on September 23, 1999.

WHEREAS, Subsection 82(1) of the Municipal Elections Act, 1996, S.O. 1996, hereinafter referred to as the Act, provides that a municipality may, by by-law, provide for the payment of rebates to persons who make contributions to candidates for office on the municipal council;

Now therefore, the Council of the City of Toronto, HEREBY ENACTS as follows:

1.That the payment of rebates to persons who make contributions to candidates for the office of Councillor, Ward 16 - Scarborough Highland Creek, is hereby authorized.

(1)An individual, corporation or trade union that, during the 1999 By-Election, makes a contribution to a candidate for the office of Councillor, Scarborough Highland Creek, of the City of Toronto, may apply to the clerk for a rebate.

(2)The application shall be made on or before March 31, 2000, unless the candidate's campaign period is extended under paragraph 4 or 5 of subsection 68(1) of the Act, in which case the application may be made within 6 months after the date the receipt is issued.

(3)The application shall be in the form provided by the clerk.

(4)The application shall include a receipt that is signed by or on behalf of the candidate.

(5)A candidate referred to in subsection 1(1) is required to comply with subsections 78(1) to (4) of the Act, despite subsection 78(5) of the Act; the candidate shall include with the documents filed under subsection 78(1) or (2) of the Act, as the case may be, a copy of the receipt issued for the contribution.

(6)The clerk shall compare the receipt filed by the applicant and the copy filed by the candidate to ensure consistency.

(7)The clerk shall pay the applicant a rebate in accordance with subsections (8) and (9) if the following conditions are met:

(a)The application complies with subsections (2), (3) and (4).

(b)The candidate has complied with subsection (5).

(c)The clerk is satisfied that the receipt filed by the applicant and the copy filed by the candidate are consistent.

(d)The clerk is satisfied that the candidate has filed documents as required by section 78 of the Act by the relevant date, and that no such document shows on its face that the candidate has incurred expenses exceeding what is permitted under section 76 of the Act.

(e)The clerk is satisfied that the candidate has paid any amount required by section 79 of the Act to the clerk by the relevant date.

(f)In the case of a contribution made on or before October 8, 1999, the time for applying for a compliance audit under section 81 of the Act in respect of the candidate's financial statement has expired.

(g)In the case of a contribution made after October 8, 1999, to a candidate whose election campaign period continues beyond that date, the time for applying for a compliance audit under section 81 of the Act in respect of the relevant supplementary financial statement has expired.

(8)The rebate shall be calculated as follows, subject to subsection (9):

(a)If the contribution is $100 or less, the rebate is 75 percent of the contribution.

(b)If the contribution is more than $100 but not more than $400, the rebate is $75 plus 50 per cent of the difference between the contribution and $100.

(c)If the contribution is more than $400, the rebate is the lesser of:

(i)$225 plus 33 1/3 per cent of the difference between the contribution and $400, and

(ii)$350.

(9)An applicant who makes contributions to more than one candidate may apply for a rebate in respect of each contribution, but is not entitled to receive total rebates amounting to more than the following maximums:

(a)If the total of the applicant's contributions to all candidates is $100 or less, the maximum is 75 percent of that total.

(b)If the total of the applicant's contributions to all candidates is more than $100 but not more than $400, the maximum is $75 plus 50 per cent of the difference between that total and $100.

(c)If the total of the applicant's contributions to all candidates is more than $400, the maximum is the lesser of,

(i)$225 plus 33 1/3 of the difference between that total and $400, and

(ii)$350.

 ENACTED AND PASSED this ______ day of _____________, A.D. 1999.

  ______________________________

Mayor

  ______________________________

Clerk