Presented To: City Council For Information Only Presented: Tuesday, Apr 29, 2014 Report Date Monday, Mar 31, 2014 Unpaid Leave of Absence - Councillor J. Cimino Type: Correspondence for Information Only Recommendation Signed By For Information Only Report Prepared By Background: Caroline Hallsworth Councillor Cimino has sent a letter to the City Clerk (attached), advising Executive Director, Administrative that he will be taking an unpaid leave of absence for the time that the Services/City Clerk next Provincial Election is called through the election period and Digitally Signed Mar 31, 14 including Election Day. Recommended by the Department Caroline Hallsworth There are no specific references in the Municipal Act to leaves of Executive Director, Administrative absence by members of Council, nor are there any requirements in the Services/City Clerk Municipal Act for a member of Council who is a candidate in a provincial Digitally Signed Mar 31, 14 election to resign their seat or take a leave of absence during the campaign period. Recommended by the C.A.O. Doug Nadorozny Section 259(1) of the Municipal Act contains within it provisions that Chief Administrative Officer describe when the office of a member of Council is considered to be Digitally Signed Mar 31, 14 vacant. These provisions do not apply in this circumstance as the Provincial Election period is approximately thirty days in length and the Municipal Act provisions state that the seat would only become vacant when a member has been absent from Council for a period of three successive months. However, in accordance with Section 258(1) of the Municipal Act, “A member of the Assembly as provided in the Legislative Assembly Act” is “not eligible” to “hold office as a member of a Council”. As outlined in Section 9 of the Legislative Assembly Act “Every person who is elected a member of the Assembly while holding an office” which includes holding office as a member of a municipal Council, “may continue to hold such office, despite any other Act, until the end of the day on which the return of the election of such person to the Assembly is published in The Ontario Gazette under section 83 of the Election Act, at which time the member shall be deemed to have resigned such office.” For the information of Council and the public, should a Council seat become vacant in a municipal election year, specific provisions apply. In accordance with the Municipal Election Act, “no by-election shall be held to fill an office that becomes vacant after March 31 in the year of a regular election”. Further, in accordance with the Municipal Act “if a vacancy occurs within 90 days before voting day of a regular election, the municipality is not required to fill the vacancy ”. Should a vacancy occur the City Clerk will report back to Council. Joe Cimino March 25th, 2014 Caroline Hallsworth, City Clerk City of Greater Sudbury 200 Brady Street Sudbury, Ontario P3A SP3 Dear Ms. Hallsworth: As you are aware, I have been nominated as the Sudbury Riding NDP candidate for the next provincial election. It is possible that an Ontario provincial election may occur prior to the completion of my current term on the City of Greater Sudbury City Council. As such, for the sake of being proactive and fair to City Council, the corporation of the City of Greater Sudbury and to the residents that I represent, I wish to inform you of the decision that I have made. From the time the provincial election is called, throughout the election period, up to including the election-day, I will be taking an unpaid leave from my duties as Ward One City Councilor. I would appreciate it if a report to Council could be prepared outlining my request for such leave. I thank you in advance for your work on seeing that all necessary arrangements are made for my unpaid leave. Sincerely yours, Unpaid LOA Councillor Cimino 1/1.