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		Vacancy - City of Toronto Council - North York Humber - Ward 6 The North York Community Council recommends that Mr. Paul Valenti be the nominee to fill the vacancy in the Office of Councillor - North York Humber - Ward 6. The following persons attended the information sessions and completed the Consent of Nominee and Statement of Qualification Forms: - Michael Alam - Bob Churchill - Harbhajan (Harry) Dhillon - Michael Di Carlo - Karim Nazerali - Farid Omar - Maria Rizzo - Gina Severino - Edward Sweet - Paul Tallis - Paul Valenti - Lorenzo Zeppieri The North York Community Council, reports for the information of City Council, that the following persons withdrew their names from the list of nominees to be considered to fill the subject vacancy: - Ms. Gina Severino - Mr. Lorenzo Zeppieri The North York Community Council submits the following communication (December 23, 1999) from the City Clerk forwarding City Council's action at its meeting held on December 14, 15 and 16, 1999, and outlining the process to be followed by the North York Community Council: City Council, at its meeting held on December 14, 15 and 16, 1999, adopted, as amended, the following Motion: Moved by: Councillor Berardinetti Seconded by: Councillor Feldman "WHEREAS on November 15, 1999, Councillor Sgro was elected as the federal Member of Parliament for York West; and WHEREAS Legal Services of the House of Commons has advised staff that the general principle of Canadian parliamentary law is that the official execution of the return of the election writ, being the publication of the writ in the Canada Gazette, signifies the official existence of Councillor Sgro as a Member of Parliament; and WHEREAS on November 26, 1999, the election writ was published in the Canada Gazette by the Chief Electoral Officer of Canada; and WHEREAS the Administration Committee on December 8, 1999, deferred consideration of a report dated October 21, 1999, from the City Clerk, on a proposed policy on filling future vacancies on City Council to its meeting to be held on January 11, 2000; and WHEREAS The Municipal Act requires Council to forthwith declare a Members' seat vacant when it has become vacant under Section 38 of the Act; and WHEREAS The Municipal Act permits Council to fill the vacancy through the appointment of a qualified elector or to conduct a by-election to fill a vacancy that occurs prior to March 31st of an election year; and WHEREAS Council must fill a vacancy in the seat of a Member of Council unless the vacancy occurs less than 46 days before nomination day (in which case the vacancy need not be filled); and NOW THEREFORE BE IT RESOLVED THAT the office of Councillor - North York Humber be declared vacant; AND BE IT FURTHER RESOLVED THAT Council determine the method to fill the vacancy in North York Humber; AND BE IT FURTHER RESOLVED THAT the vacancy in North York Humber be filled by appointment and that Council give consideration thereto at its meeting scheduled to be held on February 1, 2 and 3, 2000; AND BE IT FURTHER RESOLVED THAT Steps Nos. (2) to (12), embodied in Appendix 'A', entitled 'Procedures for Filling a Councillor's Vacancy Through an Appointment', revised as follows, be adopted: '(2) Advertisements shall be placed in the four major daily newspapers and in the local newspaper serving the applicable ward. The advertisements shall indicate Council's intention to appoint a person to the vacancy and outline the process one must follow to become nominated. In addition, notice will be sent to all ratepayers groups, tenant associations, condominium associations and other individuals in the City who request notice. (3) Information sessions shall be conducted by staff. All interested persons must attend one of these sessions and complete a Consent of Nominee form and a Statement of Qualification. (4) The vote shall occur at a Council Meeting called for that purpose. (5) The meeting shall be called to order by the Mayor or the Presiding Officer at the designated time. (6) The Mayor or Presiding Officer shall make a short statement of the purpose of the meeting and the general order of proceedings to be followed. (7) The Clerk will provide to the Mayor or Presiding Officer a list of the names of those candidates who have completed the Consent of Nominee and Statement of Qualification and the Mayor or Presiding Officer will call for a motion from Council in the following form: "Moved by . . . Seconded by . . . THAT the following persons, who have signified in writing that they are legally qualified to hold the office of Councillor and consented to accept the office if they are appointed to fill the vacancy of Councillor, shall be considered for appointment to fill such vacancy." (8) Each of the candidates shall be afforded the opportunity to address Council for a period of not more than five minutes. The order of speaking will be determined by lot. (The Clerk shall place the names of all candidates in a container and randomly draw the names.) (9) Each Member of Council will be allowed no more than one question to each candidate. (10) Following consideration by Council of all submissions, Council will proceed to vote as follows: (a) Members of Council will vote by way of ballot; (b) following the procedure set out in subsection 45(4) of The Municipal Act, where a candidate receiving the greatest number of votes cast does not receive more than one-half the votes of all Members of Council, the candidate who received the fewest number of votes shall be excluded from the voting and the vote shall be taken again by the Clerk and, if necessary, more than once, excluding, in each successive vote, the candidate who received the fewest number of votes in the proceeding vote, until the candidate receiving the greatest number of votes has also received more than one-half of the votes of the Members of Council present and voting; (c) where the votes cast are equal for all the candidates: (i) if there are three or more candidates remaining, the Clerk shall select by lot one such candidate to be excluded from the subsequent voting; (ii) if only two candidates remain, the tie shall be broken and the vacancy shall be filled by a candidate selected by lot conducted by the Clerk; and (iii) "lot" means the method of determining the candidate to be excluded or the candidate to fill the vacancy, as the case may be, by placing the names of the candidates on equal size pieces of paper placed in a container and one name being drawn by a person chosen by the Clerk. (2) Upon conclusion of the voting, the Clerk will declare to be elected the candidate receiving the votes of more than one-half of the number of the Members of Council present and voting. (12) A by-law confirming the appointment shall be enacted by Council appointing the successful candidate to the office for the remainder of the term of the present Council.'; AND BE IT FURTHER RESOLVED THAT candidates be requested to appear before the North York Community Council; AND BE IT FURTHER RESOLVED THAT the North York Community Council be requested to submit its recommendation in regard to the choice of a candidate to the next regular meeting of City Council to be held on February 1, 2 and 3, 2000; AND BE IT FURTHER RESOLVED THAT the procedures to be followed by the North York Community Council mirror that set out in Steps Nos. (7) to (11), embodied in the foregoing revised Appendix 'A', subject to replacing the word 'Council' wherever it appears in Steps Nos. (7) to (11) with the words 'Community Council' and by replacing the word 'elected' in Step No. (11) with the word 'nominated'; AND BE IT FURTHER RESOLVED THAT the advertisement respecting the appointment to fill the vacancy in the office of North York Humber be placed in all of the former North York local community papers; AND BE IT FURTHER RESOLVED THAT the necessary funds required for appointment to fill this vacancy be provided from the Corporate Contingency Account; AND BE IT FURTHER RESOLVED THAT the City Clerk be requested to ensure that the same procedure is followed administratively as was followed in the case of the late Councillor Frank Faubert's office staff, until such time as a new Councillor for North York Humber is in place." The North York Community Council also reports having had before it an information package containing a list of nominees, a copy of nomination papers, a copy of the advertisement regarding the Ward 6 vacancy and a copy of the Council Decision of December 14, 15 and 16, 1999 to fill the vacancy by appointment and the process to be followed. _________ The following nominees appeared before the North York Community Council: - Michael Alam - Harbhajan (Harry) Dhillon - Farid Omar - Maria Rizzo - Gina Severino - Edward Sweet - Paul Tallis - Paul Valenti - Lorenzo Zeppieri COUNCILLOR MICHAEL FELDMAN Chairman Toronto, February 1, 2000 Francine Adamo (416)395-7348
		Please note that council and committee documents are provided electronically for information only and do not retain the exact structure of the original versions. For example, charts, images and tables may be difficult to read. As such, readers should verify information before acting on it. All council documents are available from the City Clerk's office. Please e-mail clerk@toronto.ca.

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