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2024-10-24_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Thursday, October 24, 2024 4:30 pm Meeting Conducted by Electronic Participation An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the City's Website (www. saintjohn. ca) or on Rogers TV. Pages 1. Call to Order 2. Approval of Agenda 3. Disclosures of Conflict of Interest 4. Business Matters - Municipal Officers 4.1 Councillor Vacancy for Ward 3 1 - 7 5. Adjournment COUNCIL REPORT M&C No. j/ COLIINd Ofl Slhff]A)iW Report Date October 24, 2024 Meeting Date October 24, 2024 Service Area Corporate Services Her Worship Mayor Reardon and Members of Common Council SUBJECT: Councillor Vacancy for Ward 3 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Jonathan Taylor Melanie C. Tompkins, K.C. J. Brent McGovern RECOMMENDATION It is recommended that this report be received for information. PREVIOUS RESOLUTION N/A REPORT Councillor David Hickey was elected as MLA for Saint John Harbour at the October 21, 2024 Provincial Election. This will result in a vacancy being created in one of the two Ward 3 Councillor seats and therefore a by-election is needed to fill that vacancy. Section 50(1)(b) of the Local Governance Act ("LGA") provides that "a vacancy results in a council when: ...(b) a member resigns from office". Therefore, Councillor Hickey's resignation is necessary for the vacancy to occur and for Council to initiate the process to trigger a by-election. We note that under the Elections Act (s. 48.1(1)), a Council Member is not eligible to be a Member of the Legislative Assembly. Councillor Hickey must resign as a Council Member in order to be eligible to be sworn in as an MLA. 1 -2- The LGA governs the process related to a By -Election in case of a vacancy. Subsection 51(1) provides as follows: "The council shall by resolution within two months after the date that a vacancy arises, declare any vacancy resulting under paragraphs 50(1)(b) to (h) and, within ten days after the declaration, the clerk shall forward a certified copy of the resolution to the Municipal Electoral Officer, who shall hold a by-election to fill the vacancy" Elections NB has scheduled municipal by-elections in New Brunswick on December 91h, 2024 and May 51h, 2025. By way of background information for Council, in October 2018, the last time a Member of Common Council was elected as MLA, Council chose to delay declaring that seat vacant to avoid a December by-election in favour of a May by-election. Should Council wish to target December 91h as the by-election date, Elections NB has advised that it must receive a certified copy of the council resolution declaring the vacancy no later than October 251h, 2024. See attached letter in this respect. As noted, Council would need to have received a copy of Councillor Hickey's resignation letter before it could declare a vacancy. The following is an appropriate resolution to declare a vacancy in this case: WHEREAS, Councillor David Hickey resigned from his position, effective October 24, 2024, and WHEREAS, the New Brunswick Local Governance Act, Section 50(1)(b) states "A vacancy results in a council when: ... (b) a member resigns from office'; and WHEREAS, the New Brunswick Local Governance Act, Section 51(1) states "the council shall by resolution within two months after the date that a vacancy arises, declare any vacancy resulting under paragraphs 50(1)(b) to (h) and, within ten days after the declaration, the clerk shall forward a certified copy of the resolution to the Municipal Electoral Officer, who shall hold a by-election to fill the vacancy -""- NOW THEREFORE BE IT RESOLVED: 1. Council accepts Councillor Hickey's resignation. 2. Council declares Councillor Hickey's Ward 3 position vacant and that it shall be filled through a by-election as provided by law. 3. Council directs the clerk to forward a cetified copy of this resolution to the Municipal Electoral Officer by October 25, 2024 for a December 91" 2024 municipal by-election in Saint John. K -3- ATTACHMENTS Elections NB letter ELECMr10#VW9NAG ........,... �,�,,,,,o,,,,,��„� ��ouuumuwwuwWmw�w�mmmmm�nVVVVOVOmmVV�uOuululouuuuul,,,�„m m'mmmmmmmmmmmmmmmmmmnmuiuiuiuiuuuuuuuuuuuuuuuuummmmiuiuuiuuuuuuuuuuuuuuuuuuuuuuuuuimOm�m mm� Date: September 9, 2024 To: All New Brunswick Local Governments Cc: Jennifer Thompson, Manager, Local Governance Unit Dan Murphy, Executive Director, Union of the Municipalities of New Brunswick Isabelle Theriault, Executive Director, Association of Municipal Administrators of New Brunswick Pascal Reboul, Executive Director, Association francophone des municipalites du Nouveau -Brunswick From: The Municipal Electoral Officer of New Brunswick Subject: Local Government by-elections Elections New Brunswick wishes to advise the administrators and councils of all local governments that the next set of local government by-elections are scheduled to occur on Monday, December 9, 2024. As you will see from the attached schedule for the December 9, 2024, local government by- elections, the Notice of By -Elections will be published on November 1, 2024. Due to publication deadlines, Elections New Brunswick must have the certified copy of the council resolution declaring a vacancy under subsection 51(1) of the Local Governance Act in hand no later than Friday, October 25, 2024. The certified copy of this council resolution must be forwarded by the municipal clerk to the Municipal Electoral Officer by e-mail attachment or by fax, followed by the original hard copy. At this time, Elections New Brunswick is aware of and has the necessary documents to call by- elections for the following vacancies: • Belledune • Campobello Island • Doaktown • Lakeland Ridges • Strait Shores • Sunbury -York South • Tracy 1 Councillor at Large 1 Councillor, Ward 2 1 Councillor at Large 1 Councillor, Ward 4 1 Councillor at Large 1 Councillor, Ward 2 1 Councillor at Large If there are vacancies on your council for which you have not yet notified Elections New Brunswick, please do so before the above -mentioned deadline. For a council member who wishes to offer as a candidate for any other office of council in a by- election, please note that under subsection 55(3) of the Local Governance Act, they must resign their office as a council member and notify the Municipal Electoral Officer directly of their resignation no later than Friday, October 25, 2024, before they may offer as a candidate for any other office of council. 545 Two Nations Crossing, PC Box ( CP 6000, Fredericton, NB, Canada E3B 5H1 Ph ( Tel : (506) 453-2218 (1-888-858-8683 Fax ( Telec : (506) 457-4926 E-mail ( Courriel : info@electionsnb.ca http://www.electionsnb.ca 4 ELECMr10#VW9NAG ........,... �,�,,,,,o,,,,,��„� ��ouuumuwwuwWmw�w�mmmmm�nVVVVOVOmmVV�uOuululouuuuul,,,�„m m'mmmmmmmmmmmmmmmmmmnmuiuiuiuiuuuuuuuuuuuuuuuuummmmiuiuuiuuuuuuuuuuuuuuuuuuuuuuuuuimOm�m mm� Members of a municipal council who are running in the upcoming provincial general election do not need to resign from office to run as a provincial election candidate. However, if elected, they cannot hold both positions at once and they must resign as a council member prior to being sworn in as an MLA. The Municipal Electoral Officer must be notified with a certified copy of the council resolution declaring any such resignations no later than Friday, October 25, 2024, to ensure their vacant position can be included in the December 9, 2024, by-elections. For this reason, we recommend that councils plan a meeting for October 22, 23 or 24 in case a vacancy must be declared by council following the October 21 provincial election. Any vacancy notifications received after this date will be filled in local government by-elections scheduled for May 5, 2025. Candidates may begin to file their nomination papers on Monday, November 4, 2024, when the returning offices open to the public. The nomination period closes at 2:00 p.m. on Friday, November 15, 2024. If you have any questions on the above, please contact either me, David Owens, or Karine Pitre at the office of Elections New Brunswick for further information. Sincerely, ... > Kimberly A. Poffenroth Municipal Electoral Officer Province of New Brunswick 545 Two Nations Crossing, PC Box ( CP 6000, Fredericton, NB, Canada E3B 5H1 Ph ( Tel : (506) 453-2218 (1-888-858-8683 Fax ( Telec : (506) 457-4926 E-mail ( Courriel : info@electionsnb.ca http://www.electionsnb.ca 5 SAINT JOHN Mayor & Council City of Saint John October 24, 2024 Team - Small city, big heart. Petite ville, III coeur For the past two and a half years I've been proud to be part of a team that is leading positive change for our city. We've championed projects that have redefined our city like Ihtoli Maqahamok and Fundy Quay, prioritized safer streets and people first infrastructure, and financial reform and sustainability. I'm proud to have played a role in that and eager to continue to deliver for our city in a new capacity. It is with this sentiment that I am offering my resignation as Councillor for Ward 3, as I take on a new role as the Member of the Legislative Assembly for Saint John Harbour. As the members that came before me, like Arlene Dunn, Gerry Lowe, Ed Doherty and Elizabeth Weir, I am eager to deliver for our community at a provincial level. We have an incredible job ahead as a provincial government and I am committed to making things better for municipalities whether it be housing or municipal reform. While I leave the role of City Councillor I am committed to a partnership that only brings us closer together and amplifies your work. Sin D v`id Hick( ,f P.O. Box 1971 Saint John, NB Canada E2L 4L1 C.P. 1971 Saint John, N.-B. Canada E21- 41-1 N