Loading...
HomeMy WebLinkAboutCD-13-94 HAND OUT THE CORFAMJ& JX§M INGTON REPORT C- 7 s�c�� GL Meeting: , GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# [date: APRIL 5 1994 Res. # n ° < I � C/�� By-Law# _ Report#:_ CD-13-94 File#: Subject: FILLING OF VACANCY ON COUNCIL — DEATH OF COUNCILLOR KENNETH G. HOOPER Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD-13-94 be received; 2 . THAT, in accordance with Section 43 of the Municipal Act, R.S.O. 1990, a by-law be forwarded to Council to declare the seat of a member of council vacant; 3 . THAT a copy of Council's declaration be forwarded to the Council of the Regional Municipality of Durham; and 4 . THAT the Mayor summon a special meeting of Council to deal with the filling of the vacancy on council. REPORT AND BACKGROUND: Due to the recent death of Councillor Ken Hooper (Regional Councillor, Ward 2) , a vacancy now exists on the municipal council. According to the Municipal Act and the Regional Municipalities Act, several actions must take place, i.e. : 1. In accordance with Section 43 of the Municipal Act, R.S .O. 1990, Council must declare the local seat vacant. 2 . The declaration of the vacancy is sent to the Council of the Regional Municipality of Durham, in accordance with Section 9 (7) of the Regional Municipalities Act, R.S.O. 1990. 3 . The Regional Council declares the regional seat vacant, under Section 9 (4) of the Regional Municipalities Act, R.S .O. 1990 . PAP­CYCLE1 ECYC LE THOS IS PRI-DO RECYCLED PAPER REPORT NO. CD-13-94 PAGE 2 4. Within sixty days after the vacancy occurs, the Local Council appoints a successor to the Regional Council who shall hold office for the remainder of the term. Such individual may be a member of the council or a person who is eligible to be elected a member of the council. [Section 9 ( 9) of the Regional Municipalities Act] . Section 46 ( 1) of the Municipal Act, R.S.O. 1990 states, in part, that "where a vacancy occurs in the office of a member of the council of a local municipality, the council may by by-law require an election to be held to fill the vacancy . . . " Section 46 (3) of the Act states that if the vacancy occurs after the 31st day of March of an election year, the vacancy shall not be filled by a new election but that the council shall appoint an individual to fill the vacancy. If the vacancy occurs less than 46 days prior to nomination day for the election to be held in that year, the vacancy need not be filled. In 1994, nomination day is October 14 . Forty-six days prior to nomination day would, therefore, be August 29 . Because Councillor Hooper passed away on March 30, 1994, the vacancy will need to be filled. As the death did not occur after the 31st day of March, it is Council's decision as to whether or not an election will be held for filling the vacancy. Should Council require an election to be held, the anticipated cost would be approximately $32,000 . Until such time as the Regional Council declares the regional seat vacant, the filling of the vacancy cannot be completed. Council could, however, declare the local seat vacant at its meeting scheduled to be held on April 11, with the declaration being forwarded to the Regional Council on April 12 . At its meeting on April 13, Regional Council could declare the regional seat vacant. A special meeting of Council could then be summoned to determine the method of filling the vacancy. It is requested that Committee recommend to Council the following: 1. THAT Report CD-13-94 be received; 2 . THAT, in accordance with Section 38 (i) of the Municipal Act, R.S.O. 1990, a by-law be forwarded to Council to declare the seat of a member of council vacant; REPORT NO. CD-13-94 PAGE 3 3. THAT the Clerk forward a copy of Council's declaration to the Council of the Regional Municipality of Durham; and 4 . THAT the Mayor summon a special meeting of Council to deal with the filling of the vacancy on council. zl Respe tf ly submitted, Reviewed by, Pact' a rie, A.M.C.T. W.H. Stockwell C],e Chief Administrative Officer I