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Toronto City Council · 2023-08-10 · 2023.CC9.1

The filed record

Declaring the Office of Councillor, Ward 20 - Scarborough Southwest Vacant and Filling the Vacancy

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The decision

2023-08-10 · Toronto City Council · amended

As filed

City Council on August 10, 2023, adopted the following: 1. City Council declare a vacancy in the Office of Councillor, Ward 20 - Scarborough Southwest. 2. City Council fill the vacancy by requiring a by-election be held for Ward 20 - Scarborough Southwest, and: a. Approve an in-year budget adjustment to increase the City Clerk's Office 2023 Operating Budget by $500,000 gross and $0 net, fully funded from the Election Reserve Fund (XR1017) to reflect the funds required to conduct the by-election.

On the agenda

As the city filed it

This report outlines the options for filling the vacancy in the office of Councillor in Ward 20 - Scarborough Southwest as a result of Gary Crawford's resignation. The City of Toronto Act, 2006, and the Municipal Elections Act, 1996, together prescribe rules and impose deadlines with respect to filling a vacancy. The former Councillor resigned as the Councillor for Ward 20 - Scarborough Southwest effective July 26, 2023.

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Consequently, Council must declare the seat vacant at its next meeting. The City of Toronto Act, 2006, also provides that Council, within 60 days of the office being declared vacant, must decide whether to fill the vacancy by appointment or pass a by-law requiring that a by-election be held. The person appointed or elected to fill the vacancy holds office for the remainder of the term, ending November 14, 2026.

Staff recommended

The City Clerk recommends that: 1. City Council declare a vacancy in the Office of Councillor, Ward 20 - Scarborough Southwest; 2. City Council adopt one of the following two options to fill the vacancy: Option A - Appointment a. Fill the vacancy by appointing a person qualified to hold office in the City of Toronto at a special meeting to be held on October 4, 2023 at 9:30 a.m. in the Council Chamber, in accordance with the following: 1.

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The City Clerk shall advertise the vacancy inviting any interested and qualified applicants to seek appointment to 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 September 25, 2023 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 October 4, 2023 Council meeting; 5. Each applicant shall be provided the opportunity to address Council for up to 5 minutes; 6. The order in which applicants address Council shall be determined by lot drawn by the City Clerk when Council begins its debate on the item; 7. Members of Council shall be entitled to ask one question of each candidate; 8. Council shall vote on the appointment by ballot in accordance with the Council Procedures; and 9. 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. OR Option B - By-election b. Fill the vacancy by requiring a by-election be held for Ward 20 - Scarborough Southwest, and: 1. Approve an in-year budget adjustment to increase the City Clerk's Office 2023 Operating Budget by $500,000 gross and $0 net, fully funded from the Election Reserve Fund (XR1017) to reflect the funds required to conduct the by-election.

    On the record

    The item as the City filed it

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