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HomeMy WebLinkAboutTR-65-93 Addendum #2 UNFINISHED BUSINESS THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: November 15, 1993 Res. #('2LA VI , Report#: ADDENDUM IP&Tq REPORT TR-65-93 By-Law Subject: Expense Reports - Mayor & Members Details of Eligible Expenses Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT report TR-65-93 be lifted from the table; 2 . THAT report Addendum(#1) to TR-65-93 be lifted from the Table; 3 . That Report Addendum #2 to TR-65-93 be received; 4 . That Report TR-65-93 be received; 5. That Report Addendum #1 to TR-65-93 be received; 6 . That By-law #92-151 be rescinded; 7 . That the attached by-law be recommended to Council for enactment. 8 . That the flat rate method of payment for kilometers travelled be offered to the Mayor and Members of Council at the following rates: Members of Council $125 . 00 Mayor $200. 00 9 . That if the flat rate is chosen by the Mayor or any Member of Council it is effective beginning November, 1993 until reconsidered with the 1994 budget deliberations. Background: 1 . 0 TR-65-93 1. 1 TR-65-93 was tabled at the General Purpose and Administration Committee meeting of July 19, 1993 until September 20th. It was further tabled at the Council meeting of September 27th by Resolution #GPA-537-93 for a period. of one month. . . .2 Addendum #2 to Report TR-65-93 Page 2 1.2 At the General Purpose and Administration Committee meeting of October 25th, the Report Addendum to TR-65-93 was tabled by Resolution #GPA-605-93 with a request for Staff to bring back a by-law which would incorporate the changes contemplated through both reports . As a result this report - Addendum # 2 to TR-65-93 is presented for the Committee's consideration. 2 . 0 Summary of Changes 2 . 1 Although the original intent of TR-65-93 was to provide general guidelines that were not proposed to be incorporated into the by-law, the inclusion of these changes would alleviate much of the interpretive issues arising out of the by-law. The following is a list of the changes that were recommended through TR-65-93 and the addendum report. a. A flat rate may be offered to the Members of Council in addition to the Mayor. b. The Mayor and Members of Council may elect either type of reimbursement, a flat rate or per kilometer basis . c . If a flat rate is offered and accepted by all Members of Council and the Mayor, the monthly report identifying the expenses paid will not be required for submission to the General Purpose and Administration Committee. d. If the Mayor and Members of Council are reimbursed on a kilometer basis, they will be required to report any kilometers travelled that may be considered to be personal travel by either of; 1) inclusion on their T-1 Annual Tax Return, or 2) requesting the Municipality to report the payment on the annual T-4 slip. e. Any kilometer reimbursement charged by any Elected Official relating to travel from home to the Municipal Administrative Centre will be considered by the Municipality to be "personal" travel. f. Attendance at the Municipal Administrative Centre for events such as Flag Raising, Meeting with constituents etc. would be eligible for kilometer reimbursement, however as identified in item d. above, if the events are held at the Municipal Administrative Centre, the payment will be considered to be personal and would be subject to inclusion in the Mayor or Member's personal income. g. If a flat rate method of payment is approved by Council, the recording and reporting of personal travel for income tax purposes would be the responsibility of the individual Mayor or Member of Council. . . . 3 F 2 6 i i Addendum #2 to Report TR-65-93 Page 3 There are sufficient funds in the 1993 Budget to allow the flat rate reimbursement if Council were to decide to make that option available to the Mayor or Members of Council as an option. The status of the travel accounts for the Mayor and Members of Council as at November 5, 1993 is as follows: Account # Balance at 1993 Total Nov. 5/93 Budget Unexpended 7002-x-232 Mayor's Office $1,962 .52 $3,600 $1, 637 .48 7003-x-232 Council $1,412 .27 $3,000 $1,587 . 73 The above analysis assumes that all Members of Council have submitted their expense claims to date and the unexpended portion would therefore be available for disbursement to the end of the year. Respectfully submitted and Recommended for presentation to the Committee, arse A. Marano, H.BSc. , A.M.C.T. Treasurer/Acting Chief Administrative Officer MAM/PP I i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 93- Being a by-law to set the guidelines for reimbursement of expenses to the Mayor and Members of Council and to repeal By-law 92-151 WHEREAS the Council of the Corporation of the Municipality of Clarington considers it desirable to establish guidelines for the purpose of reimbursement of expenses to the. Mayor and Members of Council. AND WHEREAS Chapter M.45, Section 243(1) of the Municipal Act R.S.O. 1990, provides that, "Notwithstanding the provisions of any general or special Act, the Council of a municipality may provide by by-law for paying in whole or in part such expenses of the members of council and of the officers and servants of the municipality as are actually incurred as a result of their acting either within or outside the municipality in their capacity as members of council or officers of the municipal corporation or as officers or servants of the municipality and as are authorized by the by-law. " AND WHEREAS Chapter M.45 Section 243(3) of the Municipal Act R.S.O. 1990, provides that, "A by-law passed under subsection (1) may provide for the payment of a specified amount or amounts calculated according to a specified rate in lieu of the amount of actual expenses incurred in respect of items of expenditure specified in the by-law where the specified amounts or rates, in the opinion of the council, reasonably reflect the actual expenses that would be incurred. " i NOW THEREFORE, Be It Enacted by the Council of the Corporation of the Municipality of Clarington as follows: 1. That By-law 92-151 be repealed. 2. That attached Schedule A to this by-law be approved as the guidelines for reimbursement of expenses to the Mayor and members of Council. 3. That this by-law be effective November 1, 1993. By-Law read a first time this 22nd day of November, 1993. By-Law read a second time this 22nd day of November, 1993. By-Law read a third time and finally passed this 22nd day of November, 1993. I i I Mayor Clerk I Schedule "A" to By-law 93- e GUIDELINES FOR COUNCIL EXPENSES 1. TRAVEL EXPENSES In accordance with Chapter M. 45, Section 243(1) and (3) of the Municipal Act, R.S.O. 1990, the Corporation of the Municipality of Clarington will pay reasonable expenses for the Mayor and Members of Council while travelling on municipal business. Reimbursement for expenses will be based on and include but not be limited to the following: A) MUNICIPAL BUSINESS 1) Kilometer reimbursement to and from any meetings of Boards, Commissions or Authorities or other groups to which Council members are appointed or delegated provided it is not paid by the aforementioned agencies. 2) Kilometer reimbursement 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 or within the municipal boundaries. 3) Accommodation, meals, kilometer reimbursement, parking, registration and other miscellaneous charges related to municipal business which may include among other things attendance at any seminar, conference or convention approved specifically by Council or as provided for through the current budget allocation. 4) 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. 5) Travel to and from home to the Municipal Administrative Centre examples of which are identified below, will be considered to be municipal business and eligible for reimbursement but will also be interpreted as personal income by the Municipality. Any personal income in this respect should be reported either through the Municipality's income tax records (at the direction of the Council Member) or on each member's annual T-1 Income Tax Return. Two thirds of this value will be subject to taxation, or any other value otherwise determined by Revenue Canada to be taxable. a) Flag raising, photo sessions, meeting with constituents, etc. b) Any other event at the Municipal Administrative Centre that requires or requests Council Members to be present. c) Meetings at the Municipal Administrative Centre with other than Staff. B) REIMBURSEMENT RATE 6) The rate to be paid for kilometer reimbursement shall be either a flat rate or the prevailing rate as approved by Council through budget deliberations. 4-209 L Schedule "A" to By-law 93- 7) The Mayor or any Member of Council may elect either option for reimbursement. C) CLAIMS AND APPROVALS 8) All claims for payment shall be documented and where possible supported with receipts. 9) 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 Treasurer shall approve the expense claims for payment. 10) Expense claims for reimbursement of expenses by the Mayor shall be submitted as soon as possible after month end and approved for payment by the Chief Administrative Officer, or in the alternative, by the Treasurer. D) REPORTING REQUIREMENTS 11) If remuneration for kilometers travelled is on a reimbursement basis for all members or a combination of kilometer reimbursement for some members and flat rate basis for others, all expense claims shall be categorized on a monthly basis and presented to Council in the form of a report to the Council at the General Purpose and Administration Committee meeting. 12) If remuneration for kilometers travelled for all members is on a flat rate basis, payment will be made on a monthly basis with no report to the General Purpose and Administration Committee meeting. 2. 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: 1) 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 thq specific amount of expenditure. Such claims must be supported by the applicable receipts or documentation. 2) 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 Treasurer shall approve the claims for payment. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 92 - 151 Being a by-law to set the guidelines for reimbursement of expenses to the Mayor and Members of Council WHEREAS the Council of the Corporation of the Town of Newcastle considers it desirable to establish guidelines for the purpose of reimbursement of expenses to the Mayor and Members of Council; AND WHEREAS Chapter M.45, Section 243(1) of the Municipal Act R.S.O. 1990; provides that, "Notwithstanding the provisions of any general or special Act, the Council of a municipality may provide by by-law for paying in whole or in part such expenses of the members of Council and of the officers and servants of the municipality as are actually incurred as a result of their acting either within or outside the municipality in their capacity as members of Council or officers of the municipal corporation or as officers or servants of the municipality and as are authorized by the by-law"; AND WHEREAS Chapter M.45, Section 243(3) of the Municipal Act R.S.O. 1990, provides that, "a by-law passed under subsection (1) may provide for the payment of a specified amount or amounts calculated according to a specified rate in lieu of the amount of actual expenses incurred in respect of items of expenditure specified in the by-law where the specified amounts or rates, in the opinion of the Council, reasonably reflect the actual expenses that would be incurred. " NOW THEREFORE, be it Enacted and it is Enacted as a By-law of the Corporation of the Town of Newcastle as follows: 1. That attached Schedule "A" to this by-law be approved as the guidelines .for reimbursement of expenses to the Mayor and Members of Council. 2. That this by-law applies effective March 10, 1992. By-Law read a first time this 22nd day of June 1992. By-Law read a second time this 22nd day of June 1992. By-Law read a third time and finally passed this 22nd day of June 1992. io DEPUTY Cle t _ 211 Schedule "A" to By-Law 92 -151 GUIDELINES FOR COUNCIL EXPENSES 1. TRAVEL EXPENSES In accordance with Chapter M. 45, Section 243( 1) and (3) of the Municipal Act, R.S.O. 1990, the Corporation of the Town .. of Newcastle will pay reasonable expenses for the Mayor and Members of Council while travelling on municipal business. Municipal business will be considered to include but not be limited to the following: 1) Kilometer reimbursement to and from any meetings of Boards, Commissions or Authorities to which Council members are appointed provided it is not paid by the aforementioned agencies . 2) Kilometer reimbursement to and from any event sponsored by the Corporation towards the promotion of the Town where Council attendance is required or requested outside the Town. 3) Accommodation, meals, kilometer reimbursement, parking, registration and other miscellaneous charges related to municipal business which may include among other things attendance 'at any seminar, conference or convention approved specifically by Council or as provided for through the current budget allocation. 4) The rate to be paid for kilometer reimbursement shall be the prevailing rate approved by Council. 5) All claims for payment shall be documented and where possible supported with receipts and reported to Council monthly. 6) All expense claims for reimbursement of expenses for Members of Council shall be submitted on a monthly basis to the Mayor for approval. In the absence of the Mayor, the Chief Administrative Officer or in the alternative, the Treasurer shall approve the expense claims for payment. 7 ) Municipal business will be considered Not to include the following: a) Travel to and from all General Purpose and Administration Committee meetings and Council meetings . b) Travel to and from the Municipal Administrative Centre to attend meetings with Town Staff. c) Travel to and from the Municipal Administrative Centre to pick up agendas. 8) The Mayor for the Corporation of the Town of Newcastle may be reimbursed for mileage on an annual flat rate basis payable monthly as determined by Council through the annual budget process or in accordance with the above. 9) Expense claims submitted by the Mayor shall be approved for payment by the Chief Administrative Officer, or in the alternative, by the Treasurer. 2. SPECIAL EVENTS EXPENSES There are occasions throughout the year where the Corporation may host special events to promote the Town. The following guidelines apply to such events: 1) Payment of expenses as it relates to the hosting of government officials, industrial prospects, or other groups visiting the Town of Newcastle or the hosting of receptions for same within the Town 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. 2) All claims for payment or expenses related to special events shall be submitted on a montly basis to the Mayor for approval. In the absence of the Mayor, the Chief Administrative Officer, 'or in the alternative, the Treasurer shall approve the claims for payment. i UNFINISHED BOSINESS THE MUNICIPALITY OF CLARINGTON Memorandum To: MARIE MARANO, TREASURER From: PATTI L. BARRIE, A.M.C.T. , CLERK Date: JANUARY 7, 1994 Subject: EXPENSE REPORTS - MAYOR AND MEMBERS - DETAILS OF ELIGIBLE EXPENSES (ADDENDUM #2 TO REPORT TR 65 931 At the meeting held on December 13, 1993, Council passed the following resolution: "THAT Report TR-65-93 and Addendum #2 and any amendments to same, be tabled to budget discussions . " I ai e, A.M.C.T. s i i f i . i I i i UNFINISHED BUSINESS EXCERPT FROM G.P.A. MINUTES OF MEETING HELD ON NOVEMBER 15, 1993 Resolution#GPA-651-93 Moved by Councillor Dreslinski,seconded by Councillor Novak THAT Report TR-65.93 be lilted from the table; THAT Report Addendum#1 to Report TR-65-93 be lifted from the table; THAT Report Addendum#2 to Report TR-65-93 be received; THAT Report TR-65-93 be received; THAT Report Addendum#1 to Report TR-65-93 be received; THAT By-law 92-151 be rescinded; THAT the by-law attached to Report TR-65-93 be recommended to Council for enactment; THAT the flat rate method of payment for kilometres travelled be offered to the Mayor and Members of Council at the following rates: Members of Council$125.00 Mayor$200.00;and THAT if the flat rate is chosen by the Mayor or any Member of Council it is effective beginning November, 1993 until reconsidered with the 1994 budget deliberations. "CARRIED AS AMENDED LATER IN THE MEE'T'ING" (SEE FOLLOWING AMENDING MOTION) Resolution#GPA-652-93 Moved by Councillor Hannah,seconded by Councillor Novak THAT the foregoing Resolution#GPA-651-93 be amended by deleting the number $125.00' in the eighth paragraph and replacing it with 1100.00"and amending the ninth paragraph by removing the words"Wand"is"and replacing the words"it is" with"be". "CARRIED" The foregoing Resolution#GPA-651-93 was then put to a vote and CARRIED AS AMENDED. EXCERPT FROM REPORT #1 TO COUNCIL - NOVEMBER 22, 1993 13. EXPENSE REPORTS - MAYOR AND MEMBERS OF COUNCIL - DETAILS OF ELIGIBLE EXPENSES THAT Report TR-65-93 be lifted from the table; THAT Report Addendum #1 to Report TR-65-93 be lifted from the table; THAT Report Addendum #2 to Report TR+-65-93 be received; THAT Report TR-65-93 be received; THAT Report Addendum #1 to Report TR-65-93 be received; THAT By-law 92-151 be rescinded; THAT the by-law attached to Report TR-65-93 be recommended to Council for enactment; THAT the flat rate method of payment for kilometres travelled be offered to the Mayor and Members of Council at the following rates: Members of Council $100.00 Mayor $200.00; and THAT the flat rate chosen by the Mayor or any Member of Council be effective beginning November, 1993 until reconsidered with the 1994 budget deliberations. UNFINISHED BUSINESS EXCERPT FROM MINUTES OF COUNCIL MEETING HELD ON NOVEMBER 22, 1993 Item #13 Resolution #C-801-93 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Addendum #2 to Report TR-65-93 be referred back to the General Purpose and Administration Committee for consideration at the meeting scheduled to be held on December 6, 1993. "CARRIED" UNFINISHED BUSINESS THE CORPORATION OF THE TOWN OF NEWCASTLE Memorandum To: MARIE MARANO, TREASURER From: MARIE P. KNIGHT, DEPUTY CLERK Date: OCTOBER 26, 1993 Subject: EXPENSE REPORTS - MAYOR AND MEMBERS OF COUNCIL - DETAILS OF ELIGIBLE EXPENSES - OUR FILE: F09. At a meeting held on October 25, 1993, the Council of the Municipality of Clarington approved Recommendation #GPA-605-93: "THAT Report TR-65-93 be lifted from the table; and THAT the Addendum to Report TR-65-93 be referred back to staff for revision of By-law 92-151 as recommended in the Addendum to Report TR-65-93 and submission of same to Council. " Mar a P. MPK/lb I THE CORPORATION OF THE TOWN OF NEWCASTLE Memorandum To: MARIE MARANO, TREASURER From: MARIE P. KNIGHT, DEPUTY CLERK Date: SEPTEMBER 28, 1993 Subject: EXPENSE REPORTS - MAYOR AND MEMBERS DETAILS OF ELIGIBLE EXPENSES - OUR FILE: F09. At a meeting held on September 27, 1993, the Council of the Municipality of Clarington approved Recommendation #GPA-537-93: "THAT Report TR-65-93 be tabled for a period of one month. " Ma a ig t MPK/lb I i UNFINISHED BUSINESS THE C0WUU I W;i i& X& &iilwi6ik&RINGTON Memorandum To: MARIE MARANO, TREASURER From: MARIE P. KNIGHT, DEPUTY CLERK Date: JULY 28, 19 9 3 Subject: EXPENSE REPORTS — MAYOR AND MEMBERS — DETAILS OF ELIGIBLE EXPENSES At a meeting held on July 19, 1993, the Council of the Municipality of Clarington approved Recommendation #GPA-461-93: "THAT Report TR-65-93 be tabled to the General Purpose and Administration Committee Meeting scheduled for September 20, 1993. " Mamie P. sigh , MPK/lb i i i .. 12 0 4