Due to the resignation of a Member of Council, at its meeting of May 3, 2016, Council declared the Councillor seat vacant and must now fill the seat within 60 days.
In accordance with the Municipal Act, S.O. 2001, c.25, when the seat of a member of council becomes vacant during the term of office, Council may fill a vacancy by appointing a person who has consented to accept the office if appointed, or requiring that a By-election be held to fill a vacancy in accordance with the Municipal Elections Act, S.O., 1996, c.32.
Council reviewed three (3) options to fill the vacancy which included:
• Appointment from 2014 Election Candidates
• Call for Nominees
After reviewing the pros and cons of each option, Council selected the option to Call for Nominees. This option allows Council to select a new member and is widely used across Simcoe County and in communities in the GTA for filling council vacancies.
The term of this position is from the date of Council appointment (June 28, 2016) for the balance of the Council term until November 30, 2018.
Any individual filling a vacancy must meet the eligibility requirements of office as outlined in the Act and the Municipal Elections Act as an eligible elector. A candidate for municipal office must be a qualified municipal elector as set out in the Municipal Elections Act, 1996. Qualified electors must be:
• 18 years of age or older;
• a Canadian citizen;
• a resident of the Town of Wasaga Beach, or an owner or tenant of land in the Town or the spouse of such an owner or tenant; and
• not prohibited from voting under any other Act or disqualified from holding municipal office.
If an employee of the Town of Wasaga Beach seeks appointment to Council, the employee shall give Council written notice, in advance, of his or her intention to take unpaid leave. If the employee is appointed to office, they will be deemed to have resigned from their position with the Town immediately before making the declaration of office.
Interested Nominees must complete a Council Vacancy Application Form and a Declaration of Qualification through with the Clerk’s Office. Nominations will be accepted by the Clerk’s Office during regular business hours until Thursday June 16, 2016 at 2:00 pm.
Candidate(s) may also submit, to the Clerk, a personal statement of qualification for consideration of Council. Personal statements will be typewritten in a 12 point font on letter size (8 ½” x 11”) paper, shall not exceed two (2) pages in length, and will include the Candidate(s) name and address. Statements that do not meet these requirements shall not be included in any Council meeting agenda, or provided to Council by the Clerk.
Certified registered Candidates will be afforded the opportunity to address Council for a period of not more than ten (10) minutes and will be asked questions by Council in an open Public Meeting to be held on Tuesday June 21 at 7:00 pm in Council Chambers at Town Hall.
An information session for interested Nominees will be held on Thursday June 2, 2016 at 7:00 pm at Town Hall in Council Chambers, 30 Lewis Street, Wasaga Beach.
For further information or to complete a Council Vacancy Application Form and a Declaration of Qualification, please contact:
Holly Bryce, Town Clerk or Pam Archdekin, Deputy Clerk
30 Lewis Street, Wasaga Beach
705-429-3844 ext 2223
Based on the contents of the proposed Council Vacancy Policy, the timelines associated with filling the current vacancy on Council are as follows:
May 12, 2016 Adoption of Council Vacancy Policy (By-law).
*** Nomination Period opens ***
May 13, 2016 Notice is placed on the Town’s website and remains on the site until the close of nominations on June 16, 2016 2:00 pm.
May 19, 26 Call for Nominations ad to run in the local paper for 4 weeks. June 2 and 9
June 2, 2016 An information session is held for interested Nominees at 7:00 pm at Town hall.
June 16, 2016 Nominations close at 2:00 pm and are certified by the Clerk. All personal statements of qualification for consideration of Council are due by 2:00 pm. Statements are considered public documents and will be placed on a public Council agenda.
*** Nomination Period closes at 2:00 pm ***
June 17, 2016 Special Council agenda is distributed listing the Candidates and their submissions. The agenda will be available to the public on Monday June 20 by 9:00 am.
June 21, 2016 Candidates are provided with the opportunity to address Council. Following all presentations (as outlined within the policy guidelines above), Council votes on a successful Candidate in open session.
June 28, 2016 Council passes By-law to appoint the new Member. Clerk administers the Oath of Office.
July 4, 2016 Orientation for the new member (TBD).
Overview of Process to Fill a Council Vacancy
1. Within 60 days of declaring a seat vacant, Council shall appoint a new member by By-law.
2. The Clerk shall post a Council Vacancy notice on the Town website and in the local newspaper for a minimum of four (4) consecutive weeks following Council's decision to fill a vacancy by appointment. The notice shall indicate Council's intention to appoint an individual to fill a vacancy and shall outline the nomination process.
3. Any individual wishing to be considered for appointment to fill the Council vacancy will complete and sign the Council Vacancy Application Form and a Council Vacancy Declaration of Qualification form approved by the Clerk, and will submit the forms to the Clerk in-person by the date and time established by the Clerk.
4. Candidate(s) may submit, to the Clerk, a personal statement of qualification for consideration of Council. Personal statements will be typewritten in a 12 point font on letter size (8 ½” x 11”) paper, shall not exceed two (2) pages in length, and will include the Candidate(s) name and address. Statements that do not meet these requirements shall not be included in any Council meeting agenda, or provided to Council by the Clerk. The deadline for submission of a personal statement is Thursday June 16, 2016 at 2:00 pm.
5. Any individual wishing to be considered for appointment to fill the Council vacancy will be required to provide identification to prove his or her identity and qualifying address to the satisfaction of the Clerk.
6. An information session will be conducted by Staff for all interested Nominees on Thursday June 2, 2016 at 7:00 pm at Town hall.
7. It is the Candidate(s) sole responsibility to meet any deadline or otherwise comply with any requirement of this policy, the Act or the Municipal Elections Act.
8. The Clerk will create a List of Registered Candidates and publicly post said list on the Town’s website. Said list will be updated as nominations are received.
9. Notwithstanding the requirement of the Procedural By-law, the agenda for the meeting shall be set by the Clerk to allow for the orderly proceeding of selecting a Candidate. The agenda shall include the following:
a) A certified list of all Candidates listed in alphabetical order by last name.
b) Any personal statement of qualification for consideration of Council.
10. At the meeting, the following shall take place:
a) The Chair will make a short statement of the purpose of the meeting and the general order of proceedings to be followed.
b) The Clerk will provide to the Chair a list of the names of those individuals who have indicated, in writing, their interest in being appointed to the vacancy and the Chair will call for a motion from Council in the following form: "THAT the following individuals, who have signified in writing that they are legally qualified to hold office and consented to accept the office if they are appointed to fill the vacancy, be considered for appointment to fill such vacancy."
c) Candidates will be sequestered in an adjacent room until it is their time to answer the questions posed by Council. Once a candidate has answered the questions, they may remain in the Council Chambers.
d) Each of the nominees shall be afforded the opportunity to address Council for a period of not more than ten (10) minutes. The order of speaking will be determined by alphabetical order by last name.
e) Each member of Council will be permitted two (2) questions to each Candidate. Responses from the Candidates shall be limited to a maximum of two (2) minutes per question.
11. Upon hearing all the submissions of the Candidates, Council will proceed to vote as follows:
a) Candidate names will be displayed on the monitor in alphabetical order, in the Council Chambers by the Clerk.
b) Each Member of Council will be provided with a ballot by the Clerk with their name on it listing all Candidates in alphabetical order.
c) Each Member of Council will vote cast their vote on the ballot and sign their name
d) Members of Council will cast their vote for one (1) Candidate only.
e) The Clerk will collect the ballots, place the ballots of all Members of Council in a container and randomly draw the completed ballots.
f) When a ballot is drawn, the Clerk will publicly announce the name of the Member of Council those vote it is and announce the candidate in which they voted for.
g) The Clerk will tabulate and announce the results.
h) If the Candidate receiving the greatest number of votes cast does not receive more than one-half the votes of all voting members of Council, the Candidate or Candidates who received the fewest number of votes will be excluded from further consideration. The vote will be taken again by the Clerk and, if necessary, more than once, excluding in each successive vote the Candidate or Candidates who receive the fewest number of votes. This process will be repeated until the Candidate receiving the greatest number of votes has also received more than one-half of the votes of the voting members of Council.
i) Where the votes cast are equal for all remaining Candidates and if:
i. There are three or more Candidates remaining, the Clerk will by Lot select one such Candidate to be excluded from the subsequent voting.
ii. If only two (2) Candidates remain, the tie will be broken by selecting a Candidate by Lot, as conducted by the Clerk.
12. Upon conclusion of the voting, the Clerk will note the Candidate receiving the votes of more than one-half of the number of the voting members of Council or the Candidate selected through section g) ii.
13. The appointment of the Candidate will be made by By-law. A By-law confirming the appointment will be enacted by Council at the next Council meeting.
14. The Clerk will administer the Declaration of Office required by subsection 232(1) of the Municipal Act, 2001, at the meeting where the By-law referred to in section 13 of this policy is enacted by Council, or as directed by Council.