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HomeMy WebLinkAboutCD-33-97 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: JULY 7, 1997 Res. # 3 By-Law# Report#: CD-3 3-97 File#: Subject: MUNICIPAL ELECTIONS 1997 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report CD-33-97 be received; 2 . THAT election costs associated with the school boards, the Regional Municipality of Durham and the Clarington Hydro- Electric Commission be paid by the Municipality of Clarington; 3 . THAT the advance polls for the 1997 municipal election be held on Saturday, November 1 and Wednesday, November 5 between the hours of 10 : 00 a.m. and 8 : 00 p.m. ; 4 . THAT the polls to be located at Newcastle Health Care Centre and Strathaven Lifecare Centre be open from 10 : 00 a.m. to 2 : 00 p.m. , November 10 and the poll to be located at Marnwood Lifecare Centre be open from 4 : 00 p.m. to 8 : 00 p .m. , November 10; and 5 . THAT the appropriate by-laws be prepared and presented to Council for adoption at the regular meeting scheduled to be held on September 15 , 1997 . BACKGROUND AND COMMENT: In 1996, the Provincial Government passed a new Municipal Elections Act which changes the way a municipality will conduct its election. This new act empowers the Clerk to make decisions on matters such as eligibility of voters and candidates, forms and process and staffing needs . The reasoning behind this change is that each individual municipality best knows what will work in their particular situation and location. There are some issues, however, which must be decided by Council, namely: pPAP eR & All RECVCiE ECYCL 1 TILG 6 PEJ 0.4 RECYCLED PAPER Report CD-33-97 - 2 - July 7, 1997 • the question of charging back the election costs to school boards, local boards and upper-tier municipalities • the dates and times of advance polls • the setting of voting hours in nursing homes and homes for seniors CHARGING BACK OF ELECTION COSTS Under the Municipal Elections Act, the local municipality is responsible for the costs of an election, yet under the Municipal Act, there is authority to charge school boards, other local boards (ie, hydro commissions) and upper-tier municipalities for election costs attributable to the election of members of those boards. In the case of a recount for a member of these boards during a regular election, the cost shall be reimbursed by the respective board/municipality. Although the Act does not specify how costs are to be attributed or shared, Clarington may charge back a portion of the cost of conducting the election to the Regional Municipality of Durham, the school boards and to the hydro-electric commission. The Clerk' s Department is only aware of one municipality within the GTA which has adopted such a by-law. The Town of Newmarket will be charging back election costs to the York Region Board of Education and the York Region Roman Catholic Separate School Board using the following formula: No. of Trustees Total Total No. of Elected Representatives x Election Cost If this formula had been applied to the 1994 election in Clarington, the results would have been as follows : Public School Board - 6/20 x $80, 872 = $24 , 262 Separate School Board - 3/20 x $80, 872 = $12, 130 Clarington Hydro- Electric Commission - 4/20 x $80, 872 = $16, 175 Region of Durham - 3/20 x $80, 872 = $12 , 130 Using the above calculation, 800 of the cost to conduct the election could have been recovered for the 1994 election. In 1997, these figures may change due to the reduction in the number of Regional Councillors and to the passing of the Provincial Bill dealing with school boards which may affect the number of trustees for each board. Report CD-33-97 - 3 - July 7, 1997 From a financial point of view, the reasons for charging back to the local boards and the Region of Durham are obvious . It may be argued, however, that the Regional Councillors serve as a member of the Municipal Council, therefore, would it be fair to charge costs back to the Region? If only one municipality within the Region charges back the costs, these costs are now being paid by everyone within the Region as the costs now become part of the Region' s budget, yet, the other municipalities are left covering their own election costs as well . Presently, the school boards must allow the municipalities the use of their facilities for an election without cost; charging back election costs may prompt the boards to request the Province to amend this section of the Act, allowing them to charge for the use of their facilities . There is also the question of straining the relationships between the municipality and the school boards and also the removal of funds intended for the teaching of the children. Should the school boards, the Clarington Hydro-Electric Commission and the Region be charged, it is feasible that the costs may be charged back through higher taxes or rates . In light of the above, it is staff' s recommendation that Council not charge back these costs for the 1997 election. DATES AND TIMES FOR ADVANCE POLLS In the past, the two advance poll dates for a municipal election were legislated as the second Saturday of November and the Wednesday immediately prior to the election. The Municipal Elections Act now allows for as many advance polls and hours of operation as the municipality feels necessary, as long as one advance poll is held. The reasons for holding an advance poll are to allow voters who cannot vote on election day an opportunity to vote and to offer an alternative to anyone to vote other than election day, when it is generally busy. The advance polls have been fairly well attended in the municipality and, as the electors are accustomed to the Saturday and Wednesday dates for advance polls, it is staff' s recommendation that we continue with these two dates for the 1997 election. It is necessary, under the new Act, for Council to pass a by-law to that effect . This by-law will be presented to Council at its first meeting in September. HOURS OF OPERATION FOR POLLS IN RETIREMENT HOMES The Municipal Elections Act states that retirement homes, including nursing homes, must have a voting poll but the hours of operation of these polls can now be determined by Council . In 1994 , polls were set up in Marnwood Lifecare Centre (which had 11 � I � Report CD-33-97 - 4 - July 7, 1997 voters) , Strathaven Lifecare Centre (which had 32 voters) and Newcastle Health Care Centre (which had 13 voters) . Having three teams of election workers at these polls with such low voter turnout is not an efficient use of the workers' time . The Clerk' s Department would like to shorten the hours of the polls in these locations to four hours . By doing so, one team can service one location in the morning then a second one in the afternoon, thereby reducing the number of workers required. The third location would also have a four hour poll and the workers there would assist with other duties following the close of the poll . HOURS OF OPERATION FOR POLLS The Municipal Elections Act states that the voting places shall be open for the electors to vote from 10 : 00 a.m. until 8 : 00 p.m. , however, the Council may pass a by-law specifying that certain polls be opened prior to 10 : 00 a.m. Given that the regular voting hours allow electors a total of 10 hours to cast their ballots on voting day, as well as during either of the advance polls, it is not recommended that the hours be extended. RECOMMENDATIONS It is therefore recommended: 1 . THAT Report CD-33-97 be received; 2 . THAT election costs associated with the school boards, the Regional Municipality of Durham and the Clarington Hydro- Electric Commission be paid by the Municipality of Clarington; 3 . THAT the advance polls for the 1997 municipal election be held on Saturday, November 1 and Wednesday, November 5 between the hours of 10 : 00 a.m. and 8 : 00 p.m. ; 4 . THAT the polls to be located at Newcastle Health Care Centre and Strathaven Lifecare Centre be open from 10 : 00 a.m. to 2 : 00 p.m. , November 10 and the poll to be located at Marnwood Lifecare Centre be open from 4 : 00 p.m. to 8 : 00 p.m. , November 10 ; and 5 . THAT the appropriate by-laws be prepared and presented to Council for adoption at the regular meeting scheduled to be he _ on September 15, 1997 . Res ,ec f submitted Reviewed by / Patt ' B rie, A.M. C.T. W.H. Stockwell l�C Chief Administrative Officer PLB I16