Item - 2017.CC29.1

Tracking Status

  • City Council adopted this item on May 24, 2017 with amendments.

CC29.1 - Declaring the Office of Councillor, Ward 44 - Scarborough East Vacant and Deciding the Method to Fill the Vacancy

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on May 24, 25 and 26, 2017, adopted the following:

 

1. City Council declare a vacancy in the office of Councillor, Ward 44 – Scarborough East.

 

2. City Council fill the vacancy by appointing a person qualified to hold office in the City of Toronto at a special meeting to be held on Wednesday, June 28, 2017 at 9:30 a.m. in the Council Chamber, in accordance with the following:

 

a. the City Clerk shall advertise the vacancy inviting any interested and qualified applicants to seek appointment to City Council;

 

b. interested persons shall complete a Consent of Nominee and Declaration of Qualification and provide personal identification showing their name and qualifying address within the City of Toronto;

 

c. the deadline for submitting the required forms to the City Clerk shall be Monday, June 19, 2017 at 4:30 p.m.;

 

d. the City Clerk shall submit a report with the list of applicants for publication on the agenda of the June 28, 2017 City Council meeting;

 

e. each applicant shall be provided the opportunity to address City Council for up to 5 minutes;

 

f. the order in which applicants address City Council shall be determined by lot drawn by the City Clerk when City Council begins its debate on the item;

 

g. Members of City Council shall be entitled to ask one question of each candidate;

 

h. City Council shall vote on the appointment by ballot in accordance with the Council Procedures; and

 

i. City Council shall enact a by-law confirming the appointment of the successful candidate to the office for the remainder of the term of the present Council.

Background Information (City Council)

(May 17, 2017) Report from the City Clerk on Declaring the Office of Councillor, Ward 44 - Scarborough East Vacant and Deciding the Method to Fill the Vacancy, including Appendices A and B (CC29.1)
https://www.toronto.ca/legdocs/mmis/2017/cc/bgrd/backgroundfile-103951.pdf

Motions (City Council)

1 - Motion to Adopt Item as Amended moved by Councillor Paul Ainslie (Carried)

That:

 

1. City Council declare a vacancy in the office of Councillor, Ward 44 – Scarborough East.

 

2. City Council adopt the following Option A – Appointment contained in the report (May 17, 2017) from the City Clerk:

 

a. City Council fill the vacancy by appointing a person qualified to hold office in the City of Toronto at a special meeting to be held on Wednesday, June 28, 2017 at 9:30 a.m. in the Council Chamber, in accordance with the following:

 

1. The City Clerk shall advertise the vacancy inviting any interested and qualified applicants to seek appointment to City Council;

 

2. Interested persons shall complete a Consent of Nominee and Declaration of Qualification and provide personal identification showing their name and qualifying address within the City of Toronto;

 

3. The deadline for submitting the required forms to the City Clerk shall be Monday, June 19, 2017 at 4:30 p.m.;

 

4. The City Clerk shall submit a report with the list of applicants for publication on the agenda of the June 28, 2017 City Council meeting;

 

5. Each applicant shall be provided the opportunity to address City Council for up to 5 minutes;

 

6. The order in which applicants address City Council shall be determined by lot drawn by the City Clerk when City Council begins its debate on the item;

 

7. Members of City Council shall be entitled to ask one question of each candidate;

 

8. City Council shall vote on the appointment by ballot in accordance with the Council Procedures; and

 

9. City Council shall enact a by-law confirming the appointment of the successful candidate to the office for the remainder of the term of the present Council.

Vote (Adopt Item as Amended) May-26-2017 6:18 PM

Result: Carried Majority Required - CC29.1 - Ainslie - motion 1
Total members that voted Yes: 24 Members that voted Yes are Paul Ainslie, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, John Filion, Mary Fragedakis, Mark Grimes, Jim Karygiannis, Norman Kelly, Chin Lee, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, Jaye Robinson, John Tory
Total members that voted No: 13 Members that voted No are Maria Augimeri, Janet Davis, Frank Di Giorgio, Michael Ford, Michelle Holland, Stephen Holyday, Mike Layton, Josh Matlow, Pam McConnell, Gord Perks, Anthony Perruzza, Neethan Shan, Kristyn Wong-Tam
Total members that were Absent: 7 Members that were absent are Shelley Carroll, Paula Fletcher, Giorgio Mammoliti, Denzil Minnan-Wong, James Pasternak, David Shiner, Michael Thompson

2 - Motion to Adopt Item as Amended moved by Councillor Gord Perks (Redundant)

That:

 

1. City Council declare a vacancy in the office of Councillor, Ward 44 – Scarborough East.

 

2.   City Council adopt the following Option B – By-election contained in the report (May 17, 2017) from the City Clerk:

 

b. Require that a by-election be held to fill the vacancy in Ward 44 – Scarborough East, as outlined in the draft bill in Appendix "A"; and

         

1. Authorize a contribution rebate program for payment of rebates to persons who make contributions to candidates in this by-election, similar to the provisions that Council passed for the 2014 municipal election and the recent Ward 42 by-election, but updated to be consistent with the recent amendments to the Municipal Elections Act, 1996, and as outlined in the draft bill in Appendix "B".

 

2. Direct the Deputy City Manager and Chief Financial Officer to adjust the City Clerk's Office 2017 operating budget to reflect the funds required to conduct the by-election.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled motion 2 by Councillor Perks redundant due to Council's adoption of motion 1 by Councillor Ainslie.


Motion to End Debate moved by Councillor Jim Karygiannis (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on Item CC29.1 and take the vote immediately.

Vote (End Debate) May-26-2017 6:17 PM

Result: Carried Two-Thirds Required - CC29.1 - Karygiannis - End debate
Total members that voted Yes: 28 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Mary Fragedakis, Mark Grimes, Michelle Holland, Jim Karygiannis, Norman Kelly, Chin Lee, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Jaye Robinson, John Tory
Total members that voted No: 8 Members that voted No are Janet Davis, Glenn De Baeremaeker, Michael Ford, Stephen Holyday, Josh Matlow, Anthony Perruzza, Neethan Shan, Kristyn Wong-Tam
Total members that were Absent: 8 Members that were absent are Shelley Carroll, Paula Fletcher, Mike Layton, Giorgio Mammoliti, Denzil Minnan-Wong, James Pasternak, David Shiner, Michael Thompson
Source: Toronto City Clerk at www.toronto.ca/council