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HomeMy WebLinkAbout2022-003If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law 2022-003 Being a By-law to establish a Clarington Municipal Election Compliance Audit Committee for the 2022-2026 Term Whereas Sub -section 88.37(2) of the Municipal Elections Act, 1996, as amended, (the Act) requires the Council to establish a Compliance Audit Committee, before October 1, 2022, for the purposes of Section 88.33 to Section 88.37 of the Act; and Whereas the Municipality of Clarington is committed to ensuring a consistent, open and transparent process for receiving and processing compliance audit applications, Now therefore the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. The Clarington Municipal Election Compliance Audit Committee, consisting of four members, be established, as per the Terms of Reference attached to and forming part of this by-law as Attachment 1. 2. The Clarington Municipal Election Compliance Audit Committee shall carry out its mandate and duties in accordance with the Rules of Procedure as established by the Municipal Clerk. 3. By-law 2018-024 is hereby repealed. 4. This By-law shall come into effect on September 30, 2022. By -Law passed in open session this 24t" day of January, 2022 Adrian Foster, Mayor June Gallagher, Municipal Clerk 2022 Municipal and School Board Election Clarington Compliance Audit Committee Terms of Reference 1. Name: 1.1. The name of the Committee is the "2022 Clarington Municipal Elections Compliance Audit Committee" ("the Committee"). 2. Definitions: 2.1. Clerk means the Clerk or secretary of the Municipality, or their designate. 2.2. Municipality means the Municipality of Clarington. 3. Mandate: 3.1. The Committee is established pursuant to the requirements of section 88.37 of the Municipal Elections Act, 1996, S.O., 1996, c. 32, as amended ("the Act") for the Participating Bodies. 3.2. The powers and functions of the Committee are set out in section 88.33 to 88.37 of the Act. 4. Term of Committee: 4.1. The term of appointment for the Committee shall be concurrent with the term of office of the council or local board elected in 2022 and shall therefore serve for four years commencing on October 1, 2022 and concluding on October 1, 2026 or until such time the applicable Committee has disposed of any remaining matters in accordance with the Act, whichever is later. 5. Composition: 5.1. Council shall appoint three members and one alternate member. 5.2. When a compliance audit application from an elector, or a report from the Clerk indicating a candidate or registered third party has contravened any of the contribution limits under section 88.9 of the Act, is received, the Committee comprised of three members shall meet and consider the application and/or report in accordance with the Act. The alternate member shall also attend all meetings but shall not be a voting member unless another member is unable to fulfill their duties. 5.3. The following persons are ineligible for appointment: 5.3.1. Employees or officers of any of the Participating Bodies; 5.3.2. A member of council or of a local board of any of the Participating Bodies; 1 of 4 2022 Municipal and School Board Election Clarington Compliance Audit Committee Terms of Reference 5.3.3. Any persons who are candidates in an election of any of the Participating Bodies for which the Committee is established; or, 5.3.4. Any persons who are registered third parties in an election of any of the Participating Bodies for which the Committee is established. 5.4. Should an appointed Committee Member accept employment with the Municipality or register as a candidate or a third party with the Municipality, they will have been deemed to have resigned. 5.5. All Committee Members shall agree, in writing, that they will not work or volunteer for, or contribute to, any candidate or registered third party in any capacity in an election of the Municipality. 5.6. If a Member of the Committee is identified as having participated or contributed to a candidate's campaign or registered third party, that person shall not be eligible as a Member with respect to a Compliance Audit Committee application. 6. Conduct of Members: 6.1. Members of the Committee shall comply and conduct themselves in accordance with Clarington's Compliance Audit Committee Administrative Practices and Procedures. 6.2. Members shall not use their position on the Committee for any personal or political gain. 7. Remuneration: 7.1. Remuneration will be as follows: 7.1.1. $400.00 retainer fee (costs will be shared equally by the Participating Bodies) for those individuals on the roster. The retainer fee shall cover attendance at a mandatory training session and review of periodic updates or information supplied by the Clerk. Payment of the retainer fee covers the four year term. The per meeting rate shall cover review of background or agenda materials as required in preparation for a meeting.; and 7.1.2. $350.00 per meeting attended, plus mileage in accordance with the rate normally paid to employees of the Municipality. 2of4 2022 Municipal and School Board Election Clarington Compliance Audit Committee Terms of Reference 8. Membership Selection: 8.1. At a minimum, the recruitment of persons shall be advertised in a local newspaper(s) having general circulation and on the municipal website. Other recruitment measures may be initiated by the Clerk. 8.2. All applicants will be required to complete an application. 8.3. Applicants must have the ability to understand, and apply, the election campaign finance provisions of the Act and must remain impartial in order to fulfill their responsibilities. 8.4. Preference will be given to candidates that have experience related to compliance audit activities or investigative or adjudicative processes. 8.5. The following criteria will be considered when appointing members: 8.5.1. Demonstrated knowledge and understanding of municipal election campaign financing rules; 8.5.2. Proven analytical and decision -making skills; 8.5.3. Experience working on committees, boards, adjudicative bodies, task forces or similar settings; 8.5.4. Experience in accounting and audit, law, law enforcement, academics, or municipal administration from related fields; 8.5.5. Demonstrated knowledge of quasi-judicial proceedings; 8.5.6. Availability and willingness to attend meetings; and, 8.5.7. Excellent oral and written communication skills. 9. Meetings: 9.1. Meetings will occur, as needed, and shall be conducted in accordance with Clarington's Compliance Audit Committee Administrative Practices and Procedures. 10. Chair: 10.1.At the first meeting of a Compliance Audit Committee on a particular report or application, the members shall appoint one member to act as Chair for the Committee. 3of4 2022 Municipal and School Board Election Clarington Compliance Audit Committee Terms of Reference 11. Role of Clerk: 11.1.The Clerk will act as the main contact between the Committee, compliance audit applicant, candidate and registered third party. In accordance with section 88.37 (6) of the Act, the Clerk shall carry out any duties required under the Act to implement the Committee's decisions. 4of4