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HomeMy WebLinkAboutLGS-007-22Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. 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. Municipality of Clarington Page 2 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. Municipality of Clarington Page 3 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; Municipality of Clarington Page 4 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