Item - 2018.CC40.1

Tracking Status

CC40.1 - Appointment to fill the vacancy in the Office of Councillor, Ward 33, Don Valley East

Decision Type:
ACTION
Status:
Amended
Ward:
33 - Don Valley East

City Council Decision

City Council on May 22, 2018 appointed Jonathan Tsao to the Office of Councillor, Ward 33, Don Valley East, 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 report on the Ward 33 vacancy.

 

Each of the candidates that I deemed satisfactory who have completed a Consent of Nominee and a Declaration of Qualification and provided personal identification that I also 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. 

 

After each candidate has spoken, each Member of Council can ask the candidate one question. 

 

Members of Council can speak if they wish, once all candidates have spoken and all questions have been dealt with.

 

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 a by-law to confirm the appointment of the successful candidate to the office of Councillor Ward 33, Don Valley East for the remainder of the term of the present Council.

 

Members, my report, Item CC40.1, lists the persons who have submitted nominations for Councillor - Ward 33, Don Valley East.

 

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 33, Don Valley East.

 

The following candidates addressed City Council:

 

Alan Kasperski

Brad Feraday

Ken Lister

Joel Hertz

Gregory Rodriguez

Glen Learning

Michael Julihen

Jonathan Tsao

Kasra Gharibi

John Porter

Brian Scholz

Randolf Bucao

Kennith James Robertson

Daniel Masse

Nicholas Kane

Divya Nayak

George Kiu Kei Tso

 

To ensure that all candidates had the opportunity to address City Council, the City Clerk read out the name of the candidate who had not yet spoken, in the event that they may have arrived.

 

The following candidate addressed City Council:

 

Kevin Clarke 

 

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 33, Don Valley East.

 

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 round of voting.

 

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 33 to you.

 

The names of all candidates who have consented to accept the office of Ward 33 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.  This is near the top of the ballot.  If you do not print your name and sign your ballot, 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 appointed: 21

Number of spoiled ballots: 0

 

For Randolf Bucao: 1

For Joel Hertz: 1

For Ken Lister: 7

For Divya Nayak: 18

For Kennith James Robertson: 1

For Jonathan Tsao: 13

 

All other candidates received zero votes.

 

The City Clerk read the ballots individually, a summary of which is presented as follows:

 

For Randolf Bucao

Councillor Christin Carmichael Greb

 

For Joel Hertz

Councillor David Shiner

 

For Ken Lister

Councillor Jon Burnside

Councillor John Campbell

Councillor Gary Crawford

Councillor Michael Ford

Councillor Jim Karygiannis

Councillor Cesar Palacio

Councillor James Pasternak

  

For Divya Nayak

Councillor Paul Ainslie

Councillor Maria Augimeri

Councillor Josh Colle

Councillor Joe Cressy

Councillor Janet Davis

Councillor Sarah Doucette

Councillor John Filion

Councillor Paula Fletcher

Councillor Mary Fragedakis

Councillor Norman Kelly

Councillor Mike Layton

Councillor Josh Matlow

Councillor Joe Mihevc

Councillor Gord Perks

Councillor Anthony Perruzza

Councillor Neethan Shan

Councillor Michael Thompson

Councillor Kristyn Wong-Tam

 

For Kennith James Robertson

Councillor Mary-Margaret McMahon

 

For Jonathan Tsao

Councillor Ana Bailão

Councillor Glenn De Baeremaeker

Councillor Justin J. Di Ciano

Councillor Frank Di Giorgio

Councillor Mark Grimes

Councillor Jim Hart

Councillor Michelle Holland

Deputy Mayor Stephen Holyday

Councillor Giorgio Mammoliti

Councillor Frances Nunziata

Councillor Jaye Robinson

Mayor John Tory

Councillor Lucy Troisi

 

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.

 

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 second ballot as follows:

 

Number of ballots cast: 41

Number of required votes to be appointed: 21

Number of spoiled ballots: 0

 

For Ken Lister: 4

For Divya Nayak: 18

For Jonathan Tsao: 19

 

The City Clerk read the ballots individually, a summary of which is presented as follows:

 

For Ken Lister

Councillor Michael Ford

Councillor Jim Karygiannis

Councillor Cesar Palacio

Councillor David Shiner

 

For Divya Nayak

Councillor Paul Ainslie

Councillor Maria Augimeri

Councillor Josh Colle

Councillor Joe Cressy

Councillor Janet Davis

Councillor Sarah Doucette

Councillor John Filion

Councillor Paula Fletcher

Councillor Mary Fragedakis

Councillor Norman Kelly

Councillor Mike Layton

Councillor Josh Matlow

Councillor Joe Mihevc

Councillor Gord Perks

Councillor Anthony Perruzza

Councillor Neethan Shan

Councillor Michael Thompson

Councillor Kristyn Wong-Tam

 

For Jonathan Tsao

Councillor Ana Bailão

Councillor Jon Burnside

Councillor John Campbell

Councillor Christin Carmichael Greb

Councillor Gary Crawford

Councillor Glenn De Baeremaeker

Councillor Justin J. Di Ciano

Councillor Frank Di Giorgio

Councillor Mark Grimes

Councillor Jim Hart

Councillor Michelle Holland

Deputy Mayor Stephen Holyday

Councillor Giorgio Mammoliti

Councillor Mary-Margaret McMahon

Councillor Frances Nunziata

Councillor James Pasternak

Councillor Jaye Robinson

Mayor John Tory

Councillor Lucy Troisi

 

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 third ballot would be conducted. The candidates receiving the fewest number of votes and no votes would be excluded from the voting.

 

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 third ballot as follows:

 

Number of ballots cast: 41

Number of required votes to be appointed: 21

Number of spoiled ballots: 0

 

For Divya Nayak: 18

For Jonathan Tsao: 23

 

The City Clerk read the ballots individually, a summary of which is presented as follows:

 

For Divya Nayak

Councillor Paul Ainslie

Councillor Maria Augimeri

Councillor Josh Colle

Councillor Joe Cressy

Councillor Janet Davis

Councillor Sarah Doucette

Councillor John Filion

Councillor Paula Fletcher

Councillor Mary Fragedakis

Councillor Norman Kelly

Councillor Mike Layton

Councillor Josh Matlow

Councillor Joe Mihevc

Councillor Gord Perks

Councillor Anthony Perruzza

Councillor Neethan Shan

Councillor Michael Thompson

Councillor Kristyn Wong-Tam

 

For Jonathan Tsao

Councillor Ana Bailão

Councillor Jon Burnside

Councillor John Campbell

Councillor Christin Carmichael Greb

Councillor Gary Crawford

Councillor Glenn De Baeremaeker

Councillor Justin J. Di Ciano

Councillor Frank Di Giorgio

Councillor Michael Ford

Councillor Mark Grimes

Councillor Jim Hart

Councillor Michelle Holland

Deputy Mayor Stephen Holyday

Councillor Jim Karygiannis

Councillor Giorgio Mammoliti

Councillor Mary-Margaret McMahon

Councillor Frances Nunziata

Councillor Cesar Palacio

Councillor James Pasternak

Councillor Jaye Robinson

Councillor David Shiner

Mayor John Tory

Councillor Lucy Troisi

 

As the candidate who received more than one-half of the votes of the Members of Council present and voting, the City Clerk declared Jonathan Tsao appointed to the Office of Councillor for Ward 33, Don Valley East, for the remainder of this term of Council.

 

Speaker Nunziata congratulated Jonathan Tsao on being appointed to the Office of Councillor for Ward 33, Don Valley East and extended thanks to all the candidates who participated in this appointment process.

Background Information (City Council)

(May 14, 2018) Report from the City Clerk on Appointment to fill the vacancy in the Office of Councillor, Ward 33, Don Valley East, and Attachments 1 and 2 (CC40.1)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-115087.pdf
Speaking Order as determined by lot
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-115454.pdf

Communications (City Council)

(May 8, 2018) Submission from Brian Scholz (CC.Main.CC40.1.1)
(May 15, 2018) Submission from Daniel Masse (CC.Main.CC40.1.2)
(May 4, 2018) Submission from Divya Nayak (CC.Main.CC40.1.3)
(May 15, 2018) Submission from George Kiu Kei Tso (CC.Main.CC40.1.4)
(May 14, 2018) Submission from Glen Learning (CC.Main.CC40.1.5)
(May 15, 2018) Submission from Joel Hertz (CC.Main.CC40.1.6)
(May 13, 2018) Submission from Jonathan Tsao (CC.Main.CC40.1.7)
(May 15, 2018) Submission from Kennith James Robertson (CC.Main.CC40.1.8)
(May 8, 2018) Submission from Michael Julihen (CC.Main.CC40.1.9)
(May 14, 2018) Letter from Shelley Carroll (CC.Main.CC40.1.10)
(May 16, 2018) Submission from Divya Nayak (CC.Supp.CC40.1.11)
(May 17, 2018) Submission from Divya Nayak (CC.Supp.CC40.1.12)
(May 18, 2018) Submission from Ken Lister (CC.Supp.CC40.1.13)
(May 20, 2018) Letter from Harout (Arthur) Matossian, Chair, Armenian National Committee of Toronto (CC.New.CC40.1.14)
(May 21, 2018) Submission from Alan Bronic Kasperski (CC.New.CC40.1.15)
(May 21, 2018) Submission from John E. Porter (CC.New.CC40.1.16)
(May 22, 2018) Submission from Gregory Rodriguez (CC.New.CC40.1.17)

Motions (City Council)

1 - Motion to Adopt Item moved by Deputy Mayor Stephen Holyday (Carried)

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 33, Don Valley East shall be considered for appointment to fill such vacancy:

 

Randolf Bucao          Ken Lister

Kevin Clarke             Daniel Masse

Brad Feraday            Divya Nayak

Kasra Gharibi           John Porter

Joel Hertz                  Kennith James Robertson

Michael Julihen         Gregory Rodriguez

Nicholas Kane           Brian Scholz

Alan Kasperski          Jonathan Tsao

Glen Learning           George Kiu Kei Tso

Vote (Adopt Item) May-22-2018 9:40 AM

Result: Carried Majority Required - Motion to consider the candidates
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Ana Bail„o, Jon Burnside, John Campbell, Josh Colle, Gary Crawford, Joe Cressy, Janet Davis, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Neethan Shan, David Shiner, Michael Thompson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 11 Members that were absent are Maria Augimeri, Christin Carmichael Greb, Vincent Crisanti, Glenn De Baeremaeker, Justin J. Di Ciano, John Filion, Michelle Holland, Giorgio Mammoliti, Denzil Minnan-Wong, Anthony Perruzza, Jaye Robinson

Point of Order by Councillor Paula Fletcher

Councillor Fletcher, rising on a Point of Order, stated that she wished to understand why City Council has to make an appointment so close to the municipal election.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and asked the City Clerk to respond.

The City Clerk advised Members of Council that the Municipal Elections Act requires the City to make an appointment after March 30 of an election year to 90 days before the election, which would be July 24, 2018.


Point of Privilege by Councillor David Shiner

Councillor Shiner, rising on a Point of Privilege, stated that last week a candidate called him on his personal cell phone and that a member of the Mayor's staff had given out his cell number to the candidate.  Councillor Shiner further stated that it was a breach of his personal information and requested that the Mayor's staff not give out his cell number in future.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and asked the Mayor Tory if he wished to respond.

Mayor Tory advised that he would undertake to respond to Councillor Shiner today.


Point of Order by Councillor Paula Fletcher

Councillor Fletcher, rising on a Point of Order, stated that Councillor Mammoliti's question of the candidate is inappropriate and unparliamentary.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Councillor Mammoliti should ask his question and not make inappropriate comments.


Point of Privilege by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Privilege, stated that he is trying to understand why the Speaker is asking him to sit down.  Councillor Mammolilti further stated that the former Councillor for Ward 33 submitted a letter endorsing a specific candidate and that he does not agree with it.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and thanked Councillor Mammoliti for his comment.


Point of Order by Councillor Anthony Perruzza

Councillor Perruzza, rising on a Point of Order, stated that the candidate remarked that the former Councillor for Ward 33 had quit and he takes offence to that remark as the former Councillor did not quit but resigned.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and thanked Councillor Perruzza for his comments.


Point of Order by Councillor Neethan Shan

Councillor Shan, rising on a Point of Order, stated that City Council has a process for appointing candidates to fill ward vacancies and that the pledge that candidates are being asked to sign that they will not run is not part of that process.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that the question about the pledge was in order but the pledge that candidates are being asked to sign is not part of the process.


Point of Privilege by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Privilege, stated that the Speaker asked him to sit down but is allowing Councillor Mihevc to continue to stand up and speak on the matter.


Point of Privilege by Councillor Joe Mihevc

Councillor Mihevc, rising on a Point of Privilege, stated that he did not get a chance to finish his question and to get a clear answer from the candidate.


Point of Order by Councillor Justin J. Di Ciano

Councillor Di Ciano, rising on a Point of Order, stated that a few of his colleagues have asked candidates to sign a pledge and asked how it can be in order when the candidates have not signed the pledge.


Point of Privilege by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Privilege, stated that he would like to hear from the City Clerk whether a pledge is part of the election process.

Ruling by Speaker Frances Nunziata
Ruling Speaker Nunziata accepted the Points of Privilege and Order and ruled that the question whether are not the candidate will run in the upcoming municipal election is in order but asking the candidate to sign the pledge is not. Speaker Nunziata asked the City Clerk to respond.

The City Clerk advised Members of Council that Council can asked the question whether or not the candidate will run in the upcoming municipal election. The City Clerk further advised that the Municipal Elections Act sets out the requirements for candidates running in the municipal election and the pledge not to run would not be binding


Point of Order by Councillor Mike Layton

Councillor Layton, rising on a Point of Order, stated that he thought the pledge would be useful.


Point of Order by Councillor Joe Mihevc

Councillor Mihevc, rising on a Point of Order, stated that if he has interpreted the City Clerk correctly, the pledge is not binding but it may have moral suasion if candidates sign it.


Point of Privilege by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Privilege, stated that Speaker Nunziata keeps on asking him to sit down but allows Councillor Mihevc to keep asking the same candidate the same question multiple times.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Points of Order and Privilege and ruled that the question had been answered.


Point of Order by Councillor Anthony Perruzza

Councillor Perruzza, rising on a Point of Order, asked whether City Council is legally required to fill the Ward 33 vacancy.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that the same question was asked earlier in the meeting and asked the City Clerk to respond.

The City Clerk advised that the Municipal Elections Act requires a Ward vacancy to be filled by an appointment process if the vacancy occurs between March 30 and 90 days prior to a municipal election.


Point of Order by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Order, asked if a Councillor has resigned and received a severance, whether that individual would be eligible for severance if they are elected to Council a second time.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Councillor Mammoliti's question was not in order on this Item. Speaker Nunziata advised Councillor Mammoliti to ask his question in the regular Council meeting that will begin in the afternoon.

Source: Toronto City Clerk at www.toronto.ca/council