HomeMy WebLinkAboutCLD-017-14 Clarftwn REPORT
MUNICIPAL CLERK'S
DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 23, 2014 Resolution#:GPPt-3<6-\L By-law#: N/A
Report#: CLD-017-14 File#: l
Subject: APPOINTMENTS TO CLARINGTON MUNICIPAL ELECTION
COMPLIANCE AUDIT COMMITTEE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-017-14 be received;
2. THAT the following three applicants be appointed to the Clarington Compliance
Audit Committee in accordance with section 81.1(1) of the Municipal Elections
Act, 1996, for a term ending November 30, 2018:
a.
b.
C.
and
3. THAT all interested parties listed in Report CLD-017-14 be advised of Council's
decision.
Submitted by: Reviewed by:
C. Anne Greentree, BA, CMO Franklin Wu,
Municipal Clerk Chief Administrative Officer
CAG/jg
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: CLD-017-14 PAGE 2
1.0 BACKGROUND
1.1 At the Council meeting held on May 12, 2014, Council adopted the following
recommendations contained in Report CLD-013-14:
THAT Report CLD-013-14 be received;
THAT the Clarington Municipal Election Compliance Audit Committee
Rules of Procedure, included as Attachment 1 to Report CLD-013-14, be
received for information; and
THAT the draft by-law attached to Report CLD-013-14 as Attachment 2,
including the Terms of Reference, be approved by Council.
The Committee's Terms of Reference, as approved with the passage of By-law
2014-049 is included as Attachment 1, of this report, for information purposes.
2.0 RESPONSE TO ADVERTISING
The Terms of Reference indicate that the composition of the Committee will be
three members, appointed by Council.
In response to the initial ads placed in the local newspapers and on the
Municipal Website, only one application was received:
■ Paul Jones'
NOTE': Paul Jones is currently appointed to the Clarington Municipal Election
Compliance Audit Committee.
After extending the deadline to June 17, 2014, the following additional
applications were received from:
• Joe Brown
• Michael Eynon
• Peter Moore
• Howard Smith
Copies of the completed applications have been circulated confidentially to
Members of Council, as Attachment 2 to this Report, as they contain personal
information related to each individual.
3.0 CONCURRENCE — Not Applicable
REPORT NO.: CLD-017-14 PAGE 3
4.0 CONCLUSION
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, 2018.
• Joe Brown
• Michael Eynon
• Paul Jones
• Peter Moore
• Howard Smith
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: June Gallagher, Deputy Clerk
Attachments:
Attachment 1 — Compliance Audit Committee Terms of Reference
Attachment 2 — Confidential Applications for Compliance Audit Committee
(Circulated, confidentially, under separate cover)
List of interested parties to be advised of Council's decision:
Joe Brown
Michael Eynon
Paul Jones
Peter Moore
Howard Smith
Attachment 1 to
By-law 2014-049 ATTACHMENT#®�
REPORT#
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.
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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.
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CONFIDENTIAL REPORTS
✓ G P A
REPORT NO. CLD-017-14
Attachment # 2
Resolution#:
By-law#:
DATE OF REPORT: June 23, 2014
Appointment to Clarington Municipal
Election Compliance Audit Committee
Attachment # 2