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HomeMy WebLinkAboutCOD-01-07 ClJJrpn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 8,2007 Resolution #: ePA ~D;;) i -0 7 Report #: COD -01-07 File #: By-law #: Subject: SEVERANCE REMUNERATION FOR MEMBERS OF COUNCIL TERM 2003-2006; PROCESSED IN ACCORDANCE WITH BY-LAW 2004-32 AND BY-LAW 2004-264 RECOMMENDATIONS: 1. THAT COD-O 1-07 be received for information. Attachment # 1: By-Law 2004-32 Attachment # 2: Resolution Amendment Attachment # ~ 2004-264 Submitted by: ~- Marie Marano, .B.Sc., C.M.O. Director of Corporate Services Reviewed by :0 ~~c(.szt Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 REPORT NO.: COD-01-07 PAGE 2 ________________________________________________________________________________ BACKGROUND AND COMMENT By-law 2004-32 1.0 1.1 By-law 2004-32 was approved January 19, 2004, a copy of which is included as attachment #1, provided for Council to receive severance payments upon leaving Council. Resolution # C-040-04 (copy attachment #2) amended the by-law to mirror the Region’s severance maximum to 18 months. By-law 2004-264 was approved December 13, 2004, a copy of which is included as attachment #3. Severance Payments 2.0 2.1 The following payments have, or will be process in accordance with By-Law 2004-32: Total Municipal Regional Severance Payment Name Severance Severance Eligibility Timing John Mutton $ 51,782.25 $ 36,315.75 $ 88,098.00 December 2006 Don MacArthur $ 13,808.50 N/A $ 13,808.50 November 2006 Patricia Pingle $ 13,808.50 N/A $ 13,808.50 January 2007 James Schell $ 20,712.75 $ 21,210.50 $ 41,923.25 1/2 January 2007 1/2 January 2008 TOTAL $ 100,112.00 $ 57,526.25 $ 157,638.25 Total 2006 Payment $ 65,590.75 $ 36,315.75 Total 2007 Payment $ 24,164.88 $ 10,605.25 Total 2008 Payment $ 10,356.37 $ 10,605.25 3.0The above is presented for information. The total compensation paid in 2006 will be included in the Finance annual report on compensation in accordance with the Municipal Act. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-6506 ATTACHMENT #1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY LAW 2004 032 Being a by law to provide severance remuneration for the members of Council WHEREAS Section 283 1 of the Municipal Act 2001 provides that a Municipality may pass by laws for paying remuneration to the members of Council AND WHEREAS Council has authorized the paying of severance remuneration to current and future members of Council upon the terms and conditions set forth in this By law 1. In this By law, (a) "annual remuneration of the member" means the annual amount of remuneration paid to the member for the discharge of all duties as a member of Council including both the tax exempt and taxable portions calculated as at the date of severance; (b) "member" means any person who is or becomes a member of Council on or after the 19th day of January 2004; (c) "service" shall mean any period of service as a member and shall include any member s period of service occurring prior to the 19th day of January 2004; 2. A member upon application therefore by the member or his or her personal representative is entitled to receive severance remuneration upon ceasing to be a member by reason of: (a) election defeat; (b) resignation; (c) leaving office; or (d) dying while in office if the member is 65 years of age or over and not eligible to receive benefits under the Municipality s group life insurance program; provided that no member shall be entitled to receive severance remuneration who ceases to be a member by reason of or by resignation which is a result of or given in anticipation of: (a) removal from office by judicial process or (b) disqualification under or operation of any Act of the Parliament of Canada or the Legislature of the Province of Ontario 3. Severance remuneration shall be equal to one twelfth (1/12) the annual remuneration of the member times the number of years service of the member prorated for part years of service to a maximum amount payable of twelve 12 months remuneration. 3.1 Any member who wishes to forego their eligibility for severance remuneration may do so by providing written notice to the Municipal Clerk within thirty (3) days of the passage of this amending by law or within thirty (30) days of taking office. 3.2 A written application for severance remuneration must be received by the Municipal Clerk within six (6) calendar months of a member ceasing to be a member otherwise any entitlement to severance remuneration shall be forfeited. 4. This By law shall come into force on the date of passage. By law read a first and second time this 19th day of January 2004 By law read a third time and finally passed this 19th day of January 2004 (ji~ John Munon, ....ayor . ~ n:>X..:::,... pa;g~~~,~.~~.' '" " ~~;.._-~'~~:~,~~~ :. '........,: .. . . . Council Minutes OTHER BUSINESS ATTACHMENT #2 - 25- January 19, 2004 Resolution #C-036-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" Resolution #C-037-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the Procedural By-law 95-55 be suspended to allow for the introduction of a new motion at this time. "CARRIED" Resolution #C-038-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT, in accordance with Section 283 of the Municipal Act, 2001, the rate of remuneration for the Mayor be increased by $10,000 annually; THAT the rate of remuneration for the Members of Council be set at 40% of the Mayor's rate; THAT a policy for paying severance remuneration to current and future Members of Council, which mirrors the policy of the Regional Municipality of Durham, be approved; and THAT the appropriate by-laws be forwarded to Council for adoption. "CARRIED" ATTACHMENT #3 . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- 264 Being a By-law to amend By-law 2004-032, respecting severance. remunef11ltion for the Mayor and Members of Council. WHEREAS on January 19, 2004, Council adopted By-law 2004-032, approving severance remuneration for the Mayor and Members of Council; NOW THEREFORE BE IT ENACTED THAT: 1. Section 3 of By-law 2004-032 be replaced with the following wording Severance remuneration shall be equal to one-twelfth (1/12) the annual remuneration of the member, tirnes the number of years service of the member, prorated for part years of service, to a maximum amount payable of eighteen (18) months remuneration and that the policy for severance continue to mirror the policy for the Region of Durham in accordance with resolution #C-038-04. 2. THAT this by-law shall come into force.on the date of passage. By-law read a first and second time this 13 day of December ,2004. By-law read a third time and finally passed this 13 day of December , 2004 JOhnQ/(~~, ;'~_l/ .'- '."~. ", ...:: -, '.,' :",-'