City Clerk's Office

May 1, 2014

To:

From:

Re:

Members of City Council

City Clerk

Absence of the Mayor

City Hall, 13th Floor, West 100 Queen Street West Toronto, Ontario M5H 2N2

Ulli S. Watkiss City Clerk

Tel: 416-392-8010 Fax: 416-392-4900 Email: clerk@toronto.ca Web: www.toronto.ca

Today Mayor Ford advised me in writing that he is taking a personal leave of absence. He did not indicate how long he intends to be on leave, but said that he will provide me updates on his status.

Based on this information, I am satisfied that the Mayor is absent for the purposes of section 27-1 (as it relates to the Deputy Mayor) and section 27-41 of the Toronto Municipal Code.

As a result, Deputy Mayor Norm Kelly has assumed the powers and duties of the Mayor while the Mayor is absent.

Deputy Mayor's Duties and Responsibilities:

Deputy Mayor Kelly continues in the role of Deputy Mayor. All official documents will bear the title "Deputy Mayor". You should not use the titles "Mayor", "Interim Mayor" or "Acting Mayor" to refer to him.

Deputy Mayor Kelly continues to serve as the Member of Council for Ward 40.

He also now has all of the duties and powers of the Mayor that Mayor Ford had immediately before he started his leave.

Description of the duties and powers

In November 2013 City Council suspended certain duties, powers and rights of the office of Mayor for the balance of the current term. These decisions remain in force and do not change as a result of the Mayor's leave.

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City Council retains the following powers previously granted to the Mayor:

• The power to appoint and remove standing committee chairs and the deputy mayor

• The power to appoint nominating panels for appointments to City corporations

Deputy Mayor Kelly retains the powers assigned to him as Deputy Mayor in November 2013, including:

• Various powers and duties under the Emergency Management chapter of the Toronto Municipal Code (Chapter 59)

• The power to appoint and chair the selection panels for the selection of Accountability Officers

• The duty to chair the Executive and Striking committees

• Various duties under the Debenture chapter of the Toronto Municipal Code.

Lastly, City Council suspended the provision that makes the Mayor a member of all committees including community councils. That rule continues to be suspended.

City Council Meetings:

The Deputy Mayor assumes the role of chair of City Council including:

• the right to lead and conduct agenda briefings for Council meetings • the right to call special meetings of City Council

He may choose to preside over meetings of City Council, however nothing in the Mayor's absence changes the role or status of the Speaker and the Deputy Speaker.

City Council has suspended certain procedural privileges and obligations of the Mayor at meetings of City Council. As noted above, these decisions of City Council remain in force and do not change as a result of the Mayor1s absence.

The following rights and privileges previously granted to the Mayor continue to be suspended:

• the right to speak first and last on any matter

• the right to set key matters on the Council agenda

Deputy Mayor Kelly will retain his existing seat in the Chamber. The seat normally reserved for the Mayor will be left empty during his absence.

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Quorum is not reduced by the Mayor's absence. In any event, the quorum for City Council meetings remains at 23.

Executive Committee Meetings:

Deputy Mayor Kelly will continue to chair the Executive Committee. The Mayor continues to hold his position on the Executive Committee despite his absence, so no other Member will or can be substituted.

Quorum is not reduced by the Mayor's absence. Therefore, the quorum for Executive Committee meetings remains at seven.

Administrative Responsibilities:

The Deputy Mayor assumes the administrative responsibilities of the Mayor for the Office of Mayor.

All staff in the Mayor's Office will continue to be employees of the City of Toronto.

Nomination of another member to serve as second deputy mayor

I have recommended to the Deputy Mayor that he bring a motion without notice to next week's Council meeting nominating another Member to serve as a second deputy mayor in the event he is absent from the City or absent due to illness.

This will ensure continuity and good governance in the unlikely event the Deputy Mayor ca n t fulfill his duties during the Mayor's absence.

oRtact me if you have any questions .

....._-+:lfft-i~~tkiss

City Clerk

Copy: City Manager City Solicitor Chief of Staff, Office of the Mayor Chief of Staff, Office of the Deputy Mayor