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21-42 Amend the Procedural By-LawCOUNTY OF ELGIN By -Law No. 21-42 "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, in particular Appendix "A", 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, is hereby amended by repealing section 9(f) of Appendix `A' in its entirety and replacing it with: (f) For the appointment of the Warden, the following regulations and procedures shall be followed: 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 in the Council Chamber; The CAO/Clerk shall prepare ballots 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 ballot. and balloting will continue until a candidate obtains a majority of votes, except in the scenario described in section 9(f)(x), where a candidate may be appointed Warden while obtaining only 50% of the vote. The CAO/Clerk shall count the votes, 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 and if, following a round of balloting, the candidate with the most votes does not have a majority, then the candidate receiving the lowest number of votes shall retire. A subsequent round(s) of balloting will be taken until one candidate has a majority of votes, unless the situation in section 9(f)(x) occurs. 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 there are more than two (2) candidates and following a round of balloting no candidate has a majority of the votes, and there is not a tie among all candidates, but there is a tie between two or more candidates with the least number of votes, there will be a round of balloting including only the candidates with the least number of votes, to eliminate one of them. In the event that this round of balloting results in a tie, the CAO/Clerk will by lot pick a candidate to be eliminated by placing the names of the candidates on equal sized pieces of paper in a box and one name being drawn by the CAO/Clerk. The name picked shall be the candidate eliminated. ix. If there are more than two (2) candidates and the result of a round of balloting is a tie among all candidates, there will be another vote, and if the result remains a tie, the CAO/Clerk will by lot pick a candidate to be eliminated by placing the names of the candidates on equal sized pieces of paper in a box and one name being drawn by the CAO/Clerk. The name picked shall be the candidate eliminated. X. If there are two candidates and the result of a round of balloting is a two-way tie, there will be another round of balloting, and if the result remains a two- way tie, the CAO/Clerk will by lot pick the candidate for the position of Warden by placing the names of the candidates on equal sized pieces of paper in a box and one name being drawn by the CAO/Clerk. The name drawn shall be the successful candidate for the position of Warden. A. By Motion, the CAO/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, he or she shall take the Chair. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 23rd DAY OF NOVEMBER 2021. Julie Gonyou, Tom Marks, Chief Administrative Officer. Warden.