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HomeMy WebLinkAbout2014-049 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2014-049 Being a By-law to establish a Clarington Municipal Election Compliance Audit Committee for the 2014-2018 Term WHEREAS section 81.1 of the Municipal Elections Act, 1996, as amended, (the Act) requires the Council to establish a Compliance Audit Committee, before October 1, 2014, for the purposes of section 81 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 three 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. BY-LAW passed this 12th day of May, 2014. Adrian Koste5Vayor . n'"reentree, Deputy Clerk Attachment 1 to By-law 2014-049 MUNICIPALITY OF CLARINGTON Municipal Election Compliance Audit Committee Terms of Reference 1. LEGISLATIVE REQUIREMENT Section 81.1 of the Municipal Elections Act, 1996, as amended states: Compliance Audit Committee (1) a council or local board shall, before October 1 of an election year, establish a committee for the purposes of section 81. Composition (2) The committee shall be composed of not fewer than three and not more than seven members and shall not include, a) employees or officers of the municipality or local board; b) members of the council or local board; or c) any persons who are candidates in the election for which the committee is established. Term of Office (3) The term of office.of the committee is the same as the term of office of the council or local board that takes office following the next regular election, and the term of office of the members of the committee is the same as the term of the committee to which they have been appointed. Role of clerk or secretary (4) The clerk of the municipality or the secretary of the local board, as the case may be, shall establish administrative practices and procedures for the committee and shall carry out any other duties required under the MEA to implement the committee's decisions. Costs (5) The council or local board, as the case may be, shall pay all costs in relation to the committee's operation and activities. 2.0 MANDATE The powers and functions of the Committee are set out in Section 81 of the Municipal Elections Act, 1996, as follows: 1. Review any applications of a compliance audit of any candidate who ran for election to the Municipality of Clarington Council, if the application was received in accordance with the legislative requirements. 1 Attachment 1 to By-law 2014-049 2. Within 30 days of receipt of an application requesting a compliance audit, the Committee shall consider the compliance audit application and decide whether it should be granted or rejected. 3. If the application is granted, the Committee shall appoint an auditor licensed under the Public Accounting Act, 2004, or other prescribed person, to conduct a compliance audit of the candidate's election campaign finances. 4. The Committee will review the auditor's report within 30 days and may, a. If the report concludes that the candidate appears to have contravened a provision of the Act relating to election campaign finances, commence a legal proceeding against the candidate for the apparent contravention; b. If the report concludes that the candidate does not appear to have contravened a provision of the Act relating to election campaign finances, make a finding as to whether there were reasonable grounds for the application. 3.0 TERM The Committee shall be established before October 1 of an election year. The Term of Office for the Committee is the same as the Term of Office of Council (December 1 of a regular election year to November 30, of the next regular election year). 4.0 COMPOSITION The Committee shall consist of three (3) members appointed by Council. The following persons are not eligible for appointment to the Committee: • Employees or officers of the Municipality of Clarington • Members of Council • Any candidates in the election for which the Committee is established Should an appointed Member accept employment with the Municipality or register as a candidate with the Municipality, their appointment will be terminated. All Committee Members must agree in writing that they will not work/volunteer for any candidate, provide advice to, prepare or audit the election financial statements of any candidate for office on the Municipality of Clarington's Council or become a candidate in the 2014 Municipal Elections and any by-elections during Council's term. 2 Attachment 1 to By-law 2014-049 5.0 CHAIR At the first meeting of the Committee, the Municipal Clerk shall call the meeting to order and the first order of business shall be the selection of the Chair. The Committee shall select a Chair from among its membership. 6.0 PROPOSED MEETING SCHEDULE The Committee shall meet as needed with meetings to be scheduled by the Municipal Clerk, in consultation with the Chair, when a compliance audit application is received. 7.0 STAFFING AND FUNDING Staff from the Municipal Clerk's Department shall provide administrative support to the Committee. The Municipality of Clarington shall be responsible for all associated expenses. 8.0 MEETINGS Meetings of the Committee shall be conducted in accordance with the open meeting requirements of the provisions in the Municipal Act, 2001, as amended. The Clarington website will be used to communicate the meeting notices, agendas, and minutes. Committee meetings shall generally be held in the Clarington Municipal Administrative Centre, although meetings may occasionally be held elsewhere in the Municipality of Clarington if deemed necessary or appropriate by the Chair, and at the agreement of the Committee members. Meetings shall generally be held during the regular business hours of the Municipality of Clarington. 9.0 REMUNERATION $200 — Retainer fee (includes compensation for review of any background materials) $250 — Per diem rate, plus mileage 10.0 MEMBERSHIP SELECTION The recruitment process shall include an advertisement in the local paper, and on the municipal website detailing the selection criteria. Additionally, staff will contact the Institution of Chartered Accountants of Ontario, the Law Society of Upper Canada, Durham Regional Police Services, and UOIT. All applicants will be required to complete an application form outlining their qualifications and experience. 3 Attachment 1 to By-law 2014-049 All applications will be forwarded to Council for consideration and appointment. 10.1 Selection Criteria The following criteria will be considered when appointing members: • Demonstrated knowledge and understanding of municipal election campaign financing rules; • Proven analytical and decision-making skills; • Experience working on committees, task forces or similar settings; • Demonstrated knowledge of quasi-judicial proceedings; • Availability and willingness to attend meetings; and • Excellent oral and written communication skills. 11.0 CONFLICT OF INTEREST Members of the Committee must abide by the Municipal Conflict of Interest Act. Members shall not use their status on the Committee for personal or political gain. Committee members shall have regard for the Corporate Policy addressing the use of corporate resources during an election year. 12.0 COMPLETION CRITERIA The mandate of the Clarington Municipal Election Compliance Audit Committee will be considered complete at the end of each four-year term of Council, at which time, a successor committee shall be appointed. 4