HomeMy WebLinkAboutCLD-013-18Clarington
Clerk's
Report
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Report To: General Government Committee
Date of Meeting: May 7, 2018
Report Number: CLD -013-18 Resolution: GG -296-18
File Number: By-law Number:
Report Subject: Appointments to the Clarington Municipal Election Compliance Audit
Committee
Recommendations:
1. That Report CLD -013-18 be received;
2. That three applicants be appointed to the Clarington Compliance Audit Committee in
accordance with section 88.37(1) of the Municipal Elections Act, 1996, for a term ending
November 30, 2022; and
3. That all interested parties listed in Report CLD -013-18 and any delegations be advised
of Council's decision.
Municipality of Clarington
Report CLD -013-18
Report Overview
This Report is intended to provide background information regarding the Clarington
Municipal Election Compliance Audit Committee appointments to the Committee 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 compliance audit committee prior to October 1, 2018.
Page 2
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. As per the MEA, this authority
includes but is not limited to the following:
x review applications for a compliance audit and grant or reject audit requests
within 30 days of receipt
x where an audit is granted, appoint an auditor and review the audit report
x following the audit, decide whether legal proceedings shall be commenced
x within 30 days after receiving report(s) from the Clerk under Sections 88.34 and
88.36 (dealing with apparent campaign contributions in excess of permitted
limits), the compliance audit committee shall meet to consider the report(s) and
decide whether to commence a legal proceeding against a contributor for an
apparent contravention, if applicable.
1.2 At the Council meeting held on March 19, 2018, Council adopted the following resolution
contained in Report CLD -009-18:
That Report CLD -009-18 be received;
That the members of the 2014-2018 Municipality of Clarington's Compliance Audit
Committee be thanked;
That the draft By-law attached to Report CLD -009-18, as Attachment 1, to update
the Terms of Reference for the Municipality of Clarington's Compliance Audit
Committee, be approved;
That the Municipality of Clarington's Compliance Audit Committee Rules of
Procedure be received for information; and
That Staff be directed to initiate recruitment for the appointment of the three
members of the 2018-2022 Municipality of Clarington's Compliance Audit
Committee.
1.3 The Committee's Terms of Reference, as approved with the passage of
By-law 2018-024 is included as Attachment 1, of this report, for information purposes.
Municipality of Clarington
Resort CLD -013-18 Paae 3
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, appointed by Council.
2.2 Staff advertised for Clarington's Municipal Election Compliance Audit Committee by
advertising in the local paper, and on the Municipal Website detailing the selection
criteria, with a deadline of 12:00 p.m. on Friday, April 20, 2018. Additionally, staff
contacted the Institution of Chartered Accountants of Ontario; the Law Society of Upper
Canada; Durham Regional Police Services; and UOIT.
2.3 In response to the advertisements placed in the local newspapers and on the Municipal
Website, the following applications were received.
f Ryan Frost
f Paul Jones'
f Jeff Mitchell
f Thomas Powell
f Howard Smith'
f JoAnne Swaine
f Alan Tibbles
NOTE': Paul Jones and Howard Smith are currently appointed to the Clarington
Municipal Election Compliance Audit Committee.
2.4 The applications have been circulated under separate cover (Attachment 2) as they
contain personal information.
2.5 The following selection criteria are recommended:
a) Demonstrated knowledge and understanding of municipal election campaign
financing rules;
b) Experience in accounting and audit, law, law enforcement and academics from
related fields;
c) Proven analytical and decision- making skills;
d) Experience working on committees, task forces or similar settings;
e) Demonstrated knowledge of quasi-judicial proceedings;
f) Availability and willingness to attend meetings; and
g) Excellent oral and written communication skills.
3. Concurrence
Not Applicable
Municipality of Clarington
Report CLD -013-18 Page 4
4. Conclusion
4.1 In order to fulfill the requirements of the Terms of Reference of the Clarington Municipal
Election Compliance Audit Committee, it is recommended that three of the following be
appointed to the Clarington Municipal Election Compliance Audit Committee for a term
ending November 30, 2022.
f Ryan Frost
f Paul Jones
f Jeff Mitchell
f Thomas Powell
f Howard Smith
f JoAnne Swaine
f Alan Tibbles
5. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by:
C. Anne Greentree, B.A., CMO, Andrew C. Allison, B. Comm, LL.B
Municipal Clerk CAO
Staff Contact: Samantha Gray, Committee Coordinator, 905-623-3379 ext.2106 or
sgray@clarington.net
Attachments:
Attachment 1 — Compliance Audit Committee Terms of Reference
Attachment 2 — Confidential Applications (Distributed Separately)
The following is a list of the interested parties to be notified of Council's decision:
f Ryan Frost
f Paul Jones
f Jeff Mitchell
f Thomas Powell
f Howard Smith
f JoAnne Swaine
f Alan Tibbles
Attachment 1 to By-law 2018-024
If this information is required in an alternate format, please contact the Accessibility
Co-ordinator at 905-623-3379 ext. 2131
Municipality of Clarington
Municipal Election
Compliance Audit Committee
Terms of Reference
1 Legislative Requirement
Section 88.37 of the Municipal Elections Act, 1996, (the Act) as amended requires
Council to establish a compliance audit committee before October 1 of an election year,
for the purposes of the Act.
2 Mandate
The powers and functions of the Committee are set out in the MEA, as follows:
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
requirement, even if the candidate has not filed a financial statement
under section 88.25 of the MEA.
2. Review any applications of a compliance audit of a Registered Third
party for an election in the Municipality of Clarington.
3. 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.
4. 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/Registered
Third Party's election campaign finances.
5. The Committee will review the auditor's report within 30 days and may,
if the report concludes that the candidate/registered third party 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.
6. Review any Clerk's Report of Over Contribution under Sections 88.34
or 88.36 to decide whether to commence a legal proceeding against a
contributor for an apparent contravention.
Municipal Election Compliance Audit Committee TOR Page 1 of 4
Attachment 1 to By-law 2018-024
3 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), and shall
therefore service in the instance of any by-election that may take place during that time.
4 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
• Any persons who are registered third parties in the Municipality of Clarington in
the election for which the Committee is established.
Should an appointed Member accept employment with the Municipality or register as a
candidate/third party with the Municipality, their appointment will be terminated.
All Committee Members must agree in writing that they will not work/volunteer for any
candidate/registered third party, provide advice to, prepare or audit the election financial
statements of any candidate for office/registered third party on the Municipality of
Clarington's Council or become a candidate/registered third party in the 2018 Municipal
Elections and any by-elections during Council's term.
5 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 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 Staffing and Functional Relationship
Where the Committee needs to provide advice or information to Council, it shall do so
through the General Government Committee.
The Municipal Clerk, or designate, will be the main point of contact for members of the
Committee, will act as the main contact between the Committee and Council, and will
report on Committee activity as required to the appropriate individuals, Council and the
public.
Municipal Election Compliance Audit Committee TOR Page 2 of 4
Attachment 1 to By-law 2018-024
Notwithstanding these relationships, the Committee has full authority to render
decisions properly within its mandate independently and without requirement for Council
approval.
Staff from the Municipal Clerk's Department shall provide administrative support to the
Committee.
8 Meetings
Meetings of the Committee shall be open to the public, but the committee may
deliberate in private. The Clarington website will be used to communicate the meeting
notices, agendas, and minutes. Reasonable notice for meetings, as determined by the
Municipal Clerk, will be given.
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 Costs and Remuneration
The Municipality of Clarington is responsible for all costs in relation to the Committee's
operation and activities.
Remuneration to appointed members will be as follows:
• $400/member —Retainer fee (includes compensation for review of any
background materials)
• $350— for each committee meeting; plus mileage
• $200 —for attendance at training
Municipal Election Compliance Audit Committee TOR Page 3 of 4
Attachment 1 to By-law 2018-024
10 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 UGIT.
All applicants will be required to complete an application form outlining their
qualifications and experience.
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;
• Experience in accounting and audit, law, law enforcement and academics from
related fields;
• Demonstrated knowledge of quasi-judicial proceedings;
• Availability and willingness to attend meetings; and
• Excellent oral and written communication skills.
11 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 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.
Municipal Election Compliance Audit Committee TOR Page 4 of 4