20-59 Amend By-Law 19-41 Relating to the Election and Appointment of WardenCorporation of the County of Elgin
By -Law No. 20-59
Being a By -Law to temporarily amend By -Law 19-41 as to
By -Law regulating the Proceedings in the Municipal
Council of the Corporation of the County of Elgin as
Relating to the Election and Appointment of Warden for
the 2020/2021 Term
WHEREAS Council for the Corporation of the County of Elgin enacted By -Law 19-41,
as amended, to regulate the proceedings in the Municipal Council of the Corporation of
the County of Elgin;
AND WHEREAS the said By -Law 19-41, as amended, provides for and establishes, in
part, the procedure for the Inaugural Meeting and Annual Election and Appointment of a
Warden for each yearly term of the said Council;
AND WHEREAS the said By -Law 19-41, as amended, has been previously amended to
permit Members of the said Council to participate in Meetings of the said Council by
electronic means;
AND WHEREAS restrictions associated with the current COVID-19 pandemic have
necessitated changes to the procedure to be followed for election of Warden for the
term incorporating parts of calendar years 2020 and 2021 (hereinafter "term
2020/2021"), including but not limited to participation of Members attending both in
person and by electronic means and voting by means of electronic poll;
AND WHEREAS temporary amendment to the By -Law 19-41 is necessary to permit the
said procedure for election and appointment of Warden for the term 2020/2021;
NOW THEREFORE the Municipal Council for the Corporation of the County of Elgin
enacts as follows:
For purposes of the election and appointment of Warden for the term 2020/2021,
such election to be held on December 8, 2020, Section 9 of By -Law 19-41 shall be
temporarily amended as follows:
(1) Section 9(d) shall be deleted and the following substituted therefor:
"(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, either virtually or in person."
(2) Section 9(f) shall be deleted and the following substituted therefor:
"(f) For the appointment of the Warden, the following regulations and
procedures shall be followed:
i. The CAO/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, either virtually
or in person;
The CAO/Clerk shall prepare a secret online poll for voting;
iii. The CAO/Clerk shall inform the Members that he or she is
ready to proceed with the election of one of their Members to be
Warden, unless only one Member indicates his or her 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 CAO/Clerk shall ask those Members of Council seeking the
Office of Warden to stand;
V. The CAO/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 online poll and polling will continue
until a candidate obtains a majority of votes. The CAO/Clerk
shall count the votes obtained through the online poll, in the
presence of a representative/witness to be chosen by the
CAO/Clerk;
vii. In the event there are more than two (2) candidates, the
candidate receiving the lowest number of votes shall retire. At
no time shall the actual number of votes received by any
candidate be announced, only the name or names of the
successful candidate during such round of voting;
viii. If two (2) candidates with the least number of votes are tied,
then a tie -breaker poll between the two lowest (tied) votes shall
take place;
ix. By Motion, the CAO/Clerk shall be directed to destroy the online
poll after the election has been completed;
X. For the purposes of electing the Warden, each Member of
County Council shall have one vote;
xi. In the case of an equality of votes for Warden, the successful
candidate shall be determined by the CAO/Clerk placing the
names of the candidates on equal sized pieces of paper in a
box and one name being drawn by a person chosen by the
CAO/Clerk/; and
xii. The Warden -Elect shall forthwith sign and declare and read
aloud the Declaration of Office and, on completion thereof, he
or she shall take the Chair."
2. Without further enactment, this By -Law and the amendments to By -Law 19-41
contemplated hereunder shall be automatically repealed immediately upon the Warden
for the term 2020/2021 taking the Chair as provided for in Section 9(f)(xii) above and the
form and content of Section 9 of By -Law 19-41 that existed immediately prior to
enactment of this By -Law shall be restored.
READ A FIRST, SECOND, AND THIRD TIME AND FINALLY PASSED THIS 24TH day
of November, 2020.
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Vlie Gonyou, fl
thief Administrative Officer