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Report To: General Government Committee
Date of Meeting: March 21, 2022 Report Number: LGS-007-22
Submitted By: Rob Maciver, Director of Legislative Services
Reviewed By: Mary-Anne Dempster, CAO
File Number:
Resolution#:
By-law Number:
Report Subject: Appointment to the Clarington Municipal Election Compliance Audit
Committee
Recommendations:
1.That Report LGS-007-22 and any related communication items, be received;
2.That the Committee consider the applications for appointments to the Clarington
Municipal Election Compliance Audit Committee in accordance with the Appointment
to Boards and Committees Policy;
3. That three members and one alternate member be appointed to the Clarington
Municipal Election Compliance Audit Committee in accordance with Section 88.37(1)
of the Municipal Elections Act, 1996, for a term beginning September 30, 2022, and
ending September 30, 2026; and
4.That all interested parties listed in Report LGS-007-22 and any delegations be
advised of Council’s decision.
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Report LGS-007-22
Report Overview
This report is intended to provide background information, regarding the Clarington
Municipal Election Compliance Audit Committee appointments in accordance with the
Municipal Elections Act, 1996.
1. Background
1.1 The Municipal Elections Act, 1996, as amended, (the MEA) requires that every
municipality appoint a municipal elections compliance audit committee prior to October
1, 2022.
1.2 The Committee has the full authority, provided by Sections 88.33 to 88.37 of the MEA,
to address applications requesting an audit of a candidate's or third party advertiser's
election campaign finances and to consider reports from the Clerk citing apparent
instances of over-contribution to municipal campaigns. In accordance with the MEA, this
authority includes, but is not limited to, the following:
review applications for a compliance audit and grant or reject audit requests within
30 days of receipt;
where an audit is granted, appoint an auditor and review the audit report;
following the audit, decide whether legal proceedings shall be commenced; and
within 30 days after receiving a report from the Clerk, under Sections 88.34 and
88.36 (dealing with apparent campaign contributions above the permitted limits), the
Compliance Audit Committee shall meet to consider the report and decide whether
to commence a legal proceeding against a contributor for an apparent contravention,
if applicable.
1.3 At the January 24, 2022, Council meeting, Council adopted the following resolution
contained in Report LGS-001-22:
That Report LGS-001-22, and any related communication items, be received;
That the By-law appended as Attachment 1 to Report LGS-001-22, to update the
Terms of Reference for the Municipality of Clarington's Compliance Audit
Committee, be approved; and
That all interested parties listed in Report LGS-001-22 and any delegations be
advised of Council's decision.
1.4 The Committee’s Terms of Reference were approved with the passage of By-law 2022-
003.
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Report LGS-007-22
2. Recruitment of Compliance Audit Committee Members
2.1 The Terms of Reference indicate that the composition of the Committee shall consist of
three members and one alternate member, appointed by Council.
2.2 The Municipal Clerk’s Division placed an advertisement in local papers and on the
Municipality’s website detailing the selection criteria, with a deadline of 2:00 p.m. on
Friday, March 11, 2022. In an effort to extend the reach of our advertisements for
vacancies, the Clerk’s Division has created a profile on the www.claringtonvolunteers.ca
website. Vacancies for the Compliance Audit Committee were listed on the Clarington
Volunteers website.
2.3 Additionally, Staff contacted the Institution of Chartered Accountants, the Law Society of
Upper Canada, Durham Region Police Service, UOIT, and former applicants.
2.4 In response to the advertisements, the following applications were received:
Mohammed Ahmed
Alan Tibbles
Paul Jones*
Ryan Frost*
John Mutton
JoAnne Swaine*
Nancy Guerin-Read – Late
Andrew Villeneuve - Late
*Note: Paul Jones, Ryan Frost, and JoAnne Swaine are currently appointed to the
2018-2022 Clarington Municipal Election Compliance Audit Committee.
2.5 The applications have been circulated confidentially under separate cover (Attachment
1) as they contain personal information.
2.6 The following selection criteria are recommended:
Demonstrated knowledge and understanding of municipal election campaign
financing rules;
Proven analytical and decision-making skills;
Experience working on committees, boards, adjudicative bodies, task forces, or
similar settings;
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Report LGS-007-22
Experience in accounting and audit, law, law enforcement, academics, or municipal
administration from related fields;
Demonstrated knowledge of quasi-judicial proceedings;
Availability and willingness to attend meetings; and
Excellent oral and written communication skills.
3. Timing
Although Council has until October 1st to appoint the new Committee, the preferred
timing would be prior to the May 1st start of nominations.
4. Concurrence
Not Applicable.
5. Conclusion
It is respectfully recommended that Committee consider the vote to make four
appointments to Compliance Audit Committee for a term ending September 30, 2026.
Staff Contact: Lindsey Patenaude, Committee Coordinator, 905-623-3379 ext. 2106 or
lpatenaude@clarington.net.
Attachments:
Attachment 1 – Confidential Applications (Distributed Under Separate Cover)
Interested Parties:
The following interested parties will be notified of Council's decision:
Mohammed Ahmed
Alan Tibbles
Paul Jones
Ryan Frost
John Mutton
JoAnne Swaine
Nancy Guerin-Read
Andrew Villeneuve