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24-40 Warden's Election AmendmentCOUNTY OF ELGIN By -Law No. 24-40 "BEING A BY-LAW TO AMEND BY-LAW NO. 19-41, REFERRED TO AS THE PROCEDURAL BY-LAW" WHEREAS the Municipal Act, 2001, S.O. 2001, c. M. 46, as amended ("Act"), and in particular section 238 thereof, requires a municipal corporation to enact a procedure by- law governing, among other things, the calling, place, and proceedings of meetings of its Council; AND WHEREAS Council for the Corporation of the County of Elgin previously enacted By - Law No. 19-41, referred to as the Procedural By -Law, to satisfy the said requirement of the Act; AND WHEREAS the County of Elgin deems it necessary and appropriate to amend By - Law No. 19-41, as previously amended by By -Law 20-47 and 21-42, in particular section 9 (f) thereof, providing provisions for the appointment of the Warden; NOW THEREFORE, the Corporation of the County of Elgin, by its Council, hereby enacts as follows: By -Law 19-41, as amended by By -Law 20-47, and 21-42 is hereby amended by repealing By -Law 21-42 in its entirety and replacing it with: 9. Inaugural Meeting and Annual Election of Warden a. A person elected or appointed as a Member of Council shall not take a seat on Elgin County Council until the Clerk has received the certificate from the constituent municipality certifying the name of each person elected or appointed. b. No business shall be conducted at the first meeting of Council until after the declarations of office have been made by all members who present themselves for that purpose. c. The first Meeting of County Council after a regular election shall be held in the evening of the second Tuesday of the month of December, or at such hour and on such day thereafter as the majority of the members of the Council are present in the Council Chambers but in any case, not later than 31 days after its term commences, as provided for in the Act. d. The annual election of the Warden shall be held in the evening of the second Tuesday of the month of December, or at such hour and on such day thereafter as the majority of the Members of Council are present in the Council Chambers. e. Section 233 of the Act requires Council to appoint the Head of Council ("Warden") at its first Meeting. No other business shall be conducted until the Head of Council is confirmed. f. For the appointment of the Warden, the following regulations and procedures shall be followed. - The Clerk shall take the Chair at seven o'clock in the evening of the second Tuesday of the month of December in each year, or at such hour and on such day thereafter as the majority of the members of Council are present in the Council Chambers; ii. The Clerk shall prepare ballots for voting; iii. The Clerk shall inform the members that they are ready to proceed with the election of Warden, unless only one member indicates their intention to run for the Office, in which case the election procedure is dispensed with in favour of a resolution appointing the Warden; iv. The Clerk shall ask those members of Council seeking the Office of Warden to stand; V. The Clerk shall announce that any person aspiring to the position of Warden shall be granted an opportunity, not exceeding five (5) minutes, to address Council. Candidates will address Council in alphabetical order; vi. Voting shall be by secret ballot. Balloting will continue until a candidate obtains a majority of votes. vii. If after one round of balloting, no candidate has achieved a majority, another round of balloting will follow. If no candidate has achieved a majority after this second round of balloting, each candidate standing for the position of Warden shall have an additional opportunity, not exceeding five (5) minutes, to address Council. Candidates will address Council in alphabetical order by surname. viii. The process described in 9(f)(vii) will repeat until one of the Candidates has achieved a majority. References to rounds of balloting shall be construed to mean each round subsequent to the opportunity for candidates to address Council. A. By Motion, the Clerk shall be directed to destroy the ballots after the election has been completed; xii. For the purposes of electing the Warden, each Member of County Council shall have one vote; xiii. The Warden -Elect shall forthwith sign and declare and read aloud the Declaration of Office and, on completion thereof, they shall take the Chair. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 26th DAY OF NOVEMBER 2024. Blaine Parkin, Chief Administrative Officer/Clerk. d Ketchabaw, Warden.