Item - 2018.CC40.1
Tracking Status
- City Council adopted this item on May 22, 2018 with amendments.
- See also By-law 594-2018
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)
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 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)
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 Bailão, 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 |
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.
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.
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.
Mayor Tory advised that he would undertake to respond to Councillor Shiner today.
Councillor Fletcher, rising on a Point of Order, stated that Councillor Mammoliti's question of the candidate is inappropriate and unparliamentary.
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.
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.
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.
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.
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.
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.
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.
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
Councillor Layton, rising on a Point of Order, stated that he thought the pledge would be useful.
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.
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.
Councillor Perruzza, rising on a Point of Order, asked whether City Council is legally required to fill the Ward 33 vacancy.
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.
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.