Item - 2014.CC53.3
Tracking Status
- City Council adopted this item on July 7, 2014 with amendments.
- See also By-law 644-2014
CC53.3 - Appointment to Fill the Vacancy in the Office of Councillor, Ward 5, Etobicoke-Lakeshore
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 5 - Etobicoke-Lakeshore
City Council Decision
City Council on July 7, 2014 appointed James Maloney to the Office of Councillor, Ward 5 – Etobicoke–Lakeshore, for the remainder of this term of Council.
City Council Decision Advice and Other Information
The Speaker asked the City Clerk to explain the process for this special meeting.
The City Clerk advised City Council as follows:
Members, City Council has adopted procedures for this meeting. These procedures were distributed with the agenda as part of my reports on the two vacancies.
City Council will deal with the vacancies in the order in which the vacancies occurred: Ward 20, followed by Ward 5.
Each of the candidates who have completed a Consent of Nominee and a Declaration of Qualification and provided personal identification that I deem satisfactory can address City Council for five minutes.
The speaking order will be determined by lot. I will place the names of all candidates on equal size pieces of paper in a container and randomly draw the names.
Where a candidate has applied for both vacancies, the candidate can address Council on each vacancy in their order.
Each Member of Council can ask one question of each candidate. Members of Council can speak if they wish once all candidates have spoken and all questions have been heard.
After Members of Council have spoken, Council will vote by ballot. I will review the balloting process with you at the appropriate time.
Upon conclusion of the balloting, I will declare to be appointed the candidate receiving the votes of more than one-half of the number of the Members of Council present and voting, or the candidate selected by lot, in the event that two remaining candidates are tied.
At the end of today's meeting, City Council will enact by-laws to confirm the appointments of the successful candidates to the office of Ward 20 Trinity-Spadina and Ward 5 Etobicoke-Lakeshore for the remainder of the term of the present Council.
The City Clerk advised that Item CC53.3 lists the names of the persons who have submitted nominations for Councillor - Ward 5, Etobicoke-Lakeshore.
The following person had subsequently withdrawn their name from consideration:
- Rami Abu-Hantash
Later in the meeting, the City Clerk advised City Council that Blake Kinahan had also withdrawn from consideration.
The City Clerk drew the names of each candidate to determine a speaking order.
The Speaker advised Council as follows:
Members we will now proceed with the appointment for Ward 5, Etobicoke-Lakeshore.
Members of City Council, usually when we interview candidates for appointment to City Council, at least one member asks if the candidate intends to run for office in the next election.
In the interest of time and eliminating the repetition, I'd like to suggest that each candidate address his or her intentions with respect to the fall election when they address City Council.
The following candidates addressed City Council:
- Priyan De Silva
- Eric Goldfarb
- Agnes Potts
- Daniel Akinbosede
- Ben Cachola
- Nico Fidani-Diker
- Diane Gadoutsis
- Roberta Jennings
- Kinga Surma
- Christian Tobin
- Richard Leswick
- James French
- Nimesh Sondarva
- James Maloney
To ensure that all candidates had the opportunity to address City Council, the Speaker read out the names of the candidates who had not yet spoken, in the event that they may have arrived. No further candidates spoke.
The Speaker asked the City Clerk to instruct the Members on the balloting process.
The City Clerk advised Members of Council as follows:
We will now proceed to the balloting for appointment to the Office of Councillor for Ward 5 – Etobicoke Lakeshore.
There is one position to appoint.
If the candidate who receives the greatest number of votes cast receives the votes of more than one-half of the number of the Members of Council present and voting, I will declare the candidate to be appointed.
If the nominee with the most votes does not receive the votes of a majority of the members present, Council will conduct another ballot.
The next ballot will exclude the nominees with the fewest votes and any nominee with no votes.
Balloting will continue in this way until the candidate receiving the most votes also receives the majority of votes.
If only two nominees remain and the votes for the two remaining nominees are tied, I will select the appointee by the following method:
- The names of each of the two remaining nominees will be placed on two sheets of paper of equal size, folded in half and placed in a box; and
- I will draw the name of one nominee from the box, and declare that nominee to be the appointee.
We are about to distribute the ballots for appointment to Ward 5 to you.
The names of all candidates who have consented to accept the office of Ward 5 if appointed will appear on the ballot, except those who have officially withdrawn, whether they appeared at this special meeting or not.
Please indicate your vote by placing an "X" in the space provided to the right of the candidate of your choice.
Please mark your ballot clearly and legibly. If I cannot determine your intention for any reason, including your handwriting, your ballot will be spoiled and not counted.
You may only vote for one candidate. If you vote for more than one candidate, your ballot will be spoiled, and your vote will not be counted.
All Members present must vote. If you do not vote for a candidate, your ballot will be spoiled.
Secret ballots are prohibited by law. You must print your name and sign your ballot in the space provided. If you do not, your ballot will be spoiled, and your vote will not be counted.
You must remain seated and silent during the voting process until all ballots have been collected. I will not begin the balloting process until all Members have taken their seats.
When you are finished voting, please fold your ballot in half and place it on the ledge in front of your desk for collection. We will collect the ballots when all Members have finished voting.
Members, the voting process is about to begin. Please take your seats and remain seated during the voting process.
We will now distribute the ballots.
The City Clerk distributed the ballots to the Members of Council. Once all ballots had been cast and collected, the City Clerk tallied the results.
The City Clerk announced the results of the first ballot as follows:
Number of ballots cast: 41
Number of required votes to be elected: 21
Number of spoiled ballots: 0
For James Maloney: 19
For Agnes Potts: 12
For Kinga Surma: 4
For Ben Cachola: 2
For Nico Fidani-Diker: 1
For Diane Gadoutsis: 1
For Eric Goldfarb: 1
For Roberta Jennings: 1
All other candidates received zero votes.
The City Clerk read the ballots individually, a summary of which is presented as follows:
For James Maloney:
Councillor Paul Ainslie
Councillor Ana Bailão
Councillor Raymond Cho
Councillor Josh Colle
Councillor Gary Crawford
Councillor Vincent Crisanti
Councillor Glenn De Baeremaeker
Councillor Frank Di Giorgio
Councillor Mark Grimes
Deputy Mayor Norman Kelly
Councillor Chin Lee
Councillor Gloria Lindsay Luby
Councillor Giorgio Mammoliti
Councillor Ron Moeser
Councillor Cesar Palacio
Councillor James Pasternak
Councillor Anthony Perruzza
Councillor Karen Stintz
Councillor Michael Thompson
For Agnes Potts:
Councillor Michelle Berardinetti
Councillor Shelley Carroll
Councillor Janet Davis
Councillor Sarah Doucette
Councillor John Filion
Councillor Paula Fletcher
Councillor Mary Fragedakis
Councillor Mike Layton
Councillor Josh Matlow
Councillor Pam McConnell
Councillor Joe Mihevc
Councillor Kristyn Wong-Tam
For Kinga Surma:
Councillor Doug Ford
Mayor Rob Ford
Councillor Frances Nunziata
Councillor John Parker
For Ben Cachola:
Councillor Maria Augimeri
Councillor Gord Perks
For Nico Fidani-Diker:
Councillor Peter Leon
For Diane Gadoutsis:
Councillor Denzil Minnan-Wong
For Eric Goldfarb:
Councillor Mary-Margaret McMahon
For Roberta Jennings:
Councillor Mike Del Grande
The City Clerk advised that no candidate had received the votes of more than one-half of the Members of City Council present and voting, and a second ballot would be conducted. The candidates receiving the fewest number of votes and no votes would be excluded from the voting.
Ballots were distributed to the Members of City Council. Once all ballots had been cast and collected, the City Clerk tallied the results.
The City Clerk announced the results of the second ballot as follows:
Number of ballots cast: 41
Number of required votes to be elected: 21
Number of spoiled ballots: 0
For James Maloney: 24
For Agnes Potts: 15
For Kinga Surma: 2
The City Clerk read the ballots individually, a summary of which is presented as follows:
For James Maloney:
Councillor Paul Ainslie
Councillor Ana Bailão
Councillor Michele Berardinetti
Councillor Raymond Cho
Councillor Josh Colle
Councillor Gary Crawford
Councillor Vincent Crisanti
Councillor Glenn De Baeremaeker
Councillor Frank Di Giorgio
Mayor Rob Ford
Councillor Mike Del Grande
Councillor Mark Grimes
Deputy Mayor Norman Kelly
Councillor Chin Lee
Councillor Peter Leon
Councillor Gloria Lindsay Luby
Councillor Giorgio Mammoliti
Councillor Denzil Minnan-Wong
Councillor Ron Moeser
Councillor Cesar Palacio
Councillor James Pasternak
Councillor Anthony Perruzza
Councillor Karen Stintz
Councillor Michael Thompson
For Agnes Potts:
Councillor Maria Augimeri
Councillor Shelley Carroll
Councillor Janet Davis
Councillor Sarah Doucette
Councillor John Filion
Councillor Paula Fletcher
Councillor Mary Fragedakis
Councillor Mike Layton
Councillor Josh Matlow
Councillor Pam McConnell
Councillor Mary-Margaret McMahon
Councillor Joe Mihevc
Councillor Frances Nunziata
Councillor Gord Perks
Councillor Kristyn Wong-Tam
For Kinga Surma:
Councillor Doug Ford
Councillor John Parker
As the candidate who received more than one-half of the votes of the Members of Council present and voting, the City Clerk declared James Maloney appointed to the Office of Councillor for Ward 5 – Etobicoke-Lakeshore, for the remainder of this term of Council.
Speaker Nunziata congratulated James Maloney on being appointed to the Office of Councillor for Ward 5 – Etobicoke-Lakeshore and extended thanks to all the candidates who participated in this appointment process.
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2014/cc/bgrd/backgroundfile-71106.pdf
(July 4, 2014) Letter from the City Clerk on Withdrawals from Candidacy for the Appointment to Ward 5, Etobicoke-Lakeshore (CC53.3a)
https://www.toronto.ca/legdocs/mmis/2014/cc/bgrd/backgroundfile-71247.pdf
(July 7, 2014) Speaking Order as drawn by lot
https://www.toronto.ca/legdocs/mmis/2014/cc/bgrd/backgroundfile-71365.pdf
Communications (City Council)
(June 27, 2014) Submission from Agnes Potts (CC.Main.CC53.3.2)
(June 25, 2014) E-mail from Christian Tobin (CC.Main.CC53.3.3)
(July 1, 2014) Letter from Rick Leswick (CC.Main.CC53.3.4)
(July 1, 2014) Submission from Sophia Edwards (CC.Main.CC53.3.5)
(June 29, 2014) Letter from Matt Braithwaite, Manager of Soccer Operations, Soccerworld and submission from Urgen Kuyee (CC.Main.CC53.3.6)
(June 30, 2014) Submission from Kinga Surma (CC.Main.CC53.3.7)
(July 2, 2014) Submission from Diane Gadoutsis (CC.Main.CC53.3.8)
(July 2, 2014) Submission from Ben Cachola (CC.Main.CC53.3.9)
(July 2, 2014) Submission from Dr. Blake F. Kinahan (CC.Main.CC53.3.10)
(July 4, 2014) Submission from Eric Goldfarb (CC.Supp.CC53.3.11)
(July 3, 2014) Letter from Denise Blay (CC.Supp.CC53.3.12)
(July 4, 2014) Submission from Roberta Jennings (CC.Supp.CC53.3.13)
(July 7, 2014) E-mail from Sam Tassone (CC.New.CC53.3.14)
(July 7, 2014) Letter from Nimesh Sondarva (CC.New.CC53.3.15)
(July 7, 2014) Submission from Kinga Surma (CC.Main.CC53.3.16)
(July 7, 2014) E-mail from Qiujun Wu (CC.New.CC53.3.17)
(July 7, 2014) Letter from Dr. Blake F. Kinahan (CC.New.CC53.3.18)
Motions (City Council)
That the following persons, who have signified in writing that they are legally qualified to hold the office of Councillor and consented to accept the office if they are appointed to fill the vacancy of Councillor, Ward 5 – Etobicoke-Lakeshore shall be considered for appointment to fill such vacancy:
Daniel Akinbosede Ben Cachola Priyan De Silva Sophia Edwards Nico Fidani-Diker James French Diane Gadoutsis Eric Goldfarb Roberta Jennings Blake Kinahan |
Urgen Kuyee Richard Leswick James Maloney Walter (Wolodymyr) Melnyk Agnes Potts Nimesh Sondarva Kinga Surma Christian Tobin Qiujun Wu |
The City Clerk subsequently advised City Council that Blake Kinahan had withdrawn.
Vote (Adopt Item) Jul-07-2014 9:55 AM
Result: Carried | Majority Required - CC53.3 - Ainslie - Procedural Motion to consider candidates |
---|---|
Total members that voted Yes: 33 | Members that voted Yes are Paul Ainslie, Ana Bailão, Michelle Berardinetti, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, David Shiner, Kristyn Wong-Tam |
Total members that voted No: 0 | Members that voted No are |
Total members that were Absent: 10 | Members that were absent are Maria Augimeri, Shelley Carroll, John Filion, Doug Ford, Giorgio Mammoliti, James Pasternak, Anthony Perruzza, Jaye Robinson, Karen Stintz, Michael Thompson |
Councillor Ford, rising on a Point of Order, stated that the Speaker should confirm Nico Fidani-Diker had been permitted to speak for five minutes.