HomeMy WebLinkAbout2004-032
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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,
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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
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John Mutton, Mayor