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HomeMy WebLinkAbout2011-005THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW # 2011 - 005 Being a by-law to update the prevailing compensation policies applicable to the Mayor and Members of Council, and to repeal by-law# 2007-097. 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; WHEREAS On March 19, 2007 the Council of the Municipality of Clarington ratified report ADM-002-07 Mayors Compensation Review-2007, authorizing staff to bring forward a comprehensive by-law to consolidate the compensation practices for the Mayor and Members of Council, which was set out in By-Law 2007-097 and now requires updating for compliance; NOW THEREFORE BE IT ENACTED AS FOLLOWS: A. ANNUAL REMUNERATION Mayor and Council -Amount as set out in prevailing by-laws for particular year in accordance with the following: Provisions: 1. Future increase to annual remuneration will be the percent applicable to the Non-Affiliated Employees salary for the same period of time, applied on January 1s` of the applicable year, or as otherwise stated. 2. There is no additional compensation applicable to any prevailing Deputy Mayor position. 2. Councillor remuneration is set at 40% of the Mayor's salary. 3. Remuneration continues until the end of the term of Council. 4. Regional remuneration -Clarington Council endorsed single stream payment of the Regional portion of compensation through the local level by approval of Report COD-65-04. The Region approved single stream payment by By-Law 01-2005 and 08- 2004, and is considered the Employer for Region compensation purposes. B. 1/3 TAX FREE DECLARATION B.1. In each term Council is required by the Municipal Act S283 (7) to confirm its intention to retain the 113 tax free allowance as provided for in the Municipal Act; Council hereby confirms 1/3 tax free allowance applied to the local level remuneration for the prevailing term from December 2010 to December 2014. 6.2. The tax free portion of remuneration is currently exempt from reporting requirements under the Public Sector Salary Disclosure Act, and remuneration will continue to be reported as required under the prevailing Act. B.3. Council maintains the commitment to adjust future compensation to maintain an equivalent net compensation value should the Municipal Act be amended or repealed and replaced with provisions that in effect prohibit an income tax free allowance. Compensation will be automatically adjusted to maintain the same net compensation level. C. C.1. Mayor, Deputy Mayor, Councillor - as set out in prevailing by-laws for particular year in accordance with the following: Provisions: 1. Monthly flat rate allowance will be paid to compensate for travel related to Municipal business within Municipal boundaries. 2. Allowance shall be paid through payroll with statutory deductions applied. 3. The allowance shall be paid on an automatic basis unless any Member of Council elects not to be reimbursed and provides written notice to Payroll of the effective date of cancellation. 4. Future increases will be the percent applicable to the general non- affiliated grid increase, applied to the total monthly allowance, in each year, unless Council amends otherwise. Increase will be applied at the date of the change to the employee grid. 5. If any travel is reimbursed for travel outside of the Municipal boundaries over and above the monthly allowance, it will be at the prevailing employee kilometre rate, in accordance with the guidelines below. C.2. Travel & Expense Reimbursement Guidelines C.2.1 Municipal Business Municipal business will be considered to include the following: i. Travel to and from any meetings of Boards Commissions or Authorities or other groups to which Council members are appointed or delegated provided they are held outside the municipal boundaries and travel expenses are not paid by the aforementioned agencies; ii. Travel to and from any event sponsored by the Corporation towards the promotion of the Municipality where Council attendance is required or requested outside the Municipality; iii. Accommodation, meals, kilometre reimbursement for travel outside of municipal boundaries, parking, registration and other miscellaneous charges related to municipal business which may include among other things attendance at any seminar, conference, events or convention approved by Council and attended as a Council representative or as provided for through the current budget allocation; iv. Travelling to and from the Municipal Administrative Centre will NOT be considered to be Municipal business in the following instances: a) Attendance at all General Purpose and Administration Committee meetings and Council meetings. b) Meetings with Town Staff. c) Picking up of agendas. d) Constituent meetings. C.2.2 Expense Claims and Approvals v. All claims for payment shall be documented using the prevailing expense claim sheet and where possible supported with receipts. vi. Mavor: Expense claims for reimbursement of expenses by the Mayor shall be submitted as soon as possible after the month end and approved for payment by the Chief Administrative Officer or in the alternative, by the Director of Finance. vii. Members of Council: all expense claims for reimbursement of expenses for Members of Council shall be submitted as soon as possible after month end to the Mayor for approval. In the absence of the Mayor, the Chief Administrative Officer, or in the alternative, the Director of Finance shall approve the expense claims for payment. C.2.3 Annual Report to Council All expense claims and compensation, severance, etc., shall be categorized and included in the annual remuneration report to Council in accordance with the prevailing Municipal Act requirements. C.2.4 Special Events Expenses There are occasions throughout the year where the Corporation may host special events to promote the Municipality. The following guidelines apply to such events: Payment of expenses as it relates to the hosting of government officials industrial prospects or other groups visiting the Municipality of Clarington or the hosting of receptions for same within the Municipality will require the submission of an expense claim indicating the number of people hosted and the date as well as the specific amount of expenditure. Such claims must be supported by the applicable receipts or documentation. ii All claims for payment or expenses related to special events shall be submitted as soon as possible after the month end to the Mayor for approval. In the absence of the Mayor the Chief Administrative Officer or, in the alternative, the Director of Finance shall approve the claims for payment D. BENEFITS PROVIDED FOR CURRENT SITTING MEMBERS General Application 1. Family or Single Coverage 2. Any member may choose not to receive any benefit by advising Payroll in writing. 3. All benefits are limited to provisions set out by the prevailing carrier. 4. All benefits cease at age 65 unless expressly identified even if the member is currently on Council. D.1 Health & Dental Generally, as applicable to Non-Affiliated Employees for Health, Dental and Travel Benefits, excluding any self funded provisions. D.2 Life Insurance and Accidental Death & Dismemberment (ADD) Prevailing policy generally as applicable to Non-Affiliated Employees; Reduced at age 65 to 50%, and at age 70 to $25,000 or amount set out in prevailing carrier plan. D.3 OMERS 1. Mandatory participation and individual contribution as set out by OMERS. 2. Per ADM-03-02, an "OMERS equivalent" Retirement Pension contribution of 7.5% of the portion of the current remuneration that is not eligible for OMERS contribution is established for all Members of Council effective January 1, 2002. 3. All OMERS deductions stop at age 69 in accordance with OMERS criteria. D.4 Sick Leave Benefits Short Term or Long Term Disability (LTD) benefits are not provided to Members of Council. D.5 Other Communication tools such as cell phones or blackberries are as provided for in the annual operating budget. Usage of such equipment is governed by prevailing corporate policies. E. TUITION ASSISTANCE & MEMBERSHIP FEES POLICY In accordance with Report ADMIN.16-2000, the following policy applies unless othervvise specifically approved by Council resolution: The Municipality will not pay for any educational courses to any Member of Council, including any membership fee of any professional association. The only exception is orientation seminars offered to new Members of Council by the Ministry of Municipal Affairs and Housing. F. CREDIT CARDS The Mayor is provided with a credit card for the purpose of Municipal business expenses, as noted in report ADMIN 9-94. Statements are submitted to the CAO for processing of payment, or in the alternative, to the Director of Finance for processing of payments. G. Payment of severance remuneration to current and future members of Council is upon the following terms and conditions: G.1 Definitions: 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 continuous service as a member and shall include any member's period of service occurring prior to the 19'h day of January 2004 d) Retroactivity -there is no severance applied to years of broken service. G.2.1 Eligibility: Upon application by the member or his or her personal representative a member 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. G.2.2 Ineligibility: 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 G.3 Remuneration: 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 pro-rated for part years of service to a maximum amount payable of eighteen (18) months remuneration. G.4 Pavment: Payment of severance amount may be split and paid over a maximum of 3 years; and is subject to all applicable statutory deductions. G.5 Claim: A written request 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. REPEAL BY-LAWS The following By-Law is hereby repealed; #2007-097. EFFECTIVE DATE: This By law shall come into force on the date of passage. By-law read a first and second time this 17'h day of January, 2011 By-law read a third time and finally passed this 17'" day of Janu~~7011 fir, Mayor=_ - rie Municipal Clerk