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HomeMy WebLinkAboutCOR-2023-547 - Declaration of Vacancy for the Office of Councillor, Ward 10 Corporate Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: December 14, 2023 SUBMITTED BY: Amanda Fusco, Director of Legislated Services/City Clerk, 519-741- 2345 ext. 7809 PREPARED BY: Amanda Fusco, Director of Legislated Services/City Clerk, 519-741- 2345 ext. 7809 WARD(S) INVOLVED: 10 DATE OF REPORT: November 12, 2023 REPORT NO.: COR-2023-547 SUBJECT: Declaration of Vacancy for the Office of Councillor, Ward 10 RECOMMENDATION: THAT Council declare a vacancy for the Office of Councillor, Ward 10; AND FURTHER THAT the City Clerk be directed to bring a report regarding methods to fill the Ward 10 Councillor Office to a January 8, 2024 Special Council meeting. REPORT HIGHLIGHTS: This report is required as a result of Ward 10 Councillor, Aislinn Clancy being elected to the Kitchener Centre Member of Provincial Parliament (MPP) seat on November 30, 2023. In accordance with Section 260(2) of the Municipal Act, 2001, c.25, as amended (the Act) a member may resign from office by notice in writing file with the clerk of the municipality. Section 262(1) of the Act requires Council to formally declare a Council vacancy at its next meeting. Council has 60 days after declaring a seat vacant to either appoint an individual to fill the vacancy or pass a by-law declaring a by-election. Further details on the methods to fill the vacant seat will be provided in the January 8, 2024 report. This report supports the delivery of core services. BACKGROUND: On November 2, 2023 the Premier announced the by-election for the Kitchener Centre office arising from the resignation of former MPP Laura Mae Lindo in July 2023. Election Day was announced for November 30, 2023. Councillor Aislinn Clancy was certified as the Green Party candidate for the by-election seat. The successful election of the municipal councillor results in their ineligibility to hold their municipal councillor seat. When a vacancy on Council occurs, Council is faced with the *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. decision on how to fill the vacant seat for the remainder of the term. The Municipal Act provides two options to fill a vacancy on Council. Subsection 263 (1) notes those options to be: a) fill the vacancy by appointing a person who has consented to accept the office if appointed; or b) require a by-election to be held to fill the vacancy in accordance with the Municipal Elections Act. Section 256 of the Act sets out the eligibility requirements for persons qualified to be elected or to hold office as a member of a Council of a local municipality. To be an elector, the person under consideration must, on voting day, a) reside in the municipality or be the owner or tenant of land there, or the spouse of such owner or tenant, b) be a Canadian Citizen c) be at least 18 years old, and d) not be prohibited from voting. Under section 258(1) of the Act, the following are not eligible to be elected as a member of a council or to hold office as a member of a council: an employee of the municipality; a person who is not an employee of the municipality but who is the clerk, treasurer, Integrity Commissioner, Auditor General, Ombudsman, registrar or an investigator of the municipality; a person who is not an employee of the municipality but who holds any administrative position of the municipality; a judge of any court; a member of the Legislative Assembly or of the Senate or House of Commons of Canada; and a public servant, with certain exceptions set out in Part V of the Public Services of Ontario Act, 2006. Section 264 of the Act provides that a person appointed or elected to fill a vacancy shall hold the office for the remainder of the term of the person they replaced. REPORT: With the successful election of Aislinn Clancy as the MPP for Kitchener Centre, once either the election results are published in the Ontario Gazette OR the member resigns, they are no longer eligible to hold their municipal councillor seat. Councillor A. Clancy formally resigned their seat in writing on December 13, 2023. The City must then declare their seat vacant at its next meeting. Council is required to determine the method to fill the vacancy within 60 days of the declaration. A report will be provided to Council on January 8, 2024 outlining the options available to fill the vacancy and estimated costs and timelines for the options. Section 263(5) of the Act establishes the rules applying to filling vacancies. Rules applying to filling vacancies 263(5) The following rules apply to filling vacancies: 1. Within 60 days after the day a declaration of vacancy is made with respect to the vacancy, the municipality shall, a. appoint a person to fill the vacancy or b. pass a by-law requiring a by-election be held to fill the vacancy. Further analysis around the method by which Council wishes to fill the vacancy will be provided through a report to Council on January 8, 2024. Such report will provide estimated financial impacts of the various options. Arising from the vacancy, council representation on the following advisory committees will need to be filled and will form part of a future appointment report: Kitchener Downtown Business Improvement Association Active Transportation and Trails Advisory Committee Climate Change and Environment Committee STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The request to declare the Office of Councillor, Ward 10 vacant does not have a financial impact to the City. The City Clerk will provide Council with a report at the January 8, 2024 Council meeting that will n appointment process or by-election to fill the vacancy for Ward 10. COMMUNITY ENGAGEMENT: INFORM council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVED BY: Victoria Raab, General Manager, Corporate Services ATTACHMENTS: None.