HomeMy WebLinkAboutCOD-019-14Staff Report #2
Corporate Services
Report
If this information is required in an alternate accessible format, please contact the Municipal
Clerk at 905 - 623 -3379 ext. 2102.
Report To: Council
Date of Meeting: December 15, 2014
Report Number: COD - 019 -14
File Number:
Resolution: 2 - -1
By -law Number:
Report Subject: Confirmation of 1/3 Tax Free Allowance for Council Compensation
Recommendations:
1. That Report COD - 019 -14 be received;
2. That Council confirm the continued application of the one -third tax free allowance on the
local level remuneration for Members of Council, as provided for in the Municipal Act, and
3. That the attached by -law be approved.
Municipality of Clarington
Report COD- 019 -14 Page 2
Report Overview
In accordance with the Municipal Act, the existing compensation by -law for Council is updated
to confirm the retention of the 113 tax free allowance.
1. Background
1.1. The Municipal Act Provision
The Municipal Act Section 283 (7) states as follows:
On or after December 1, 2003 Council shall review a by -law under subsection (5)
at a public meeting at least once during the four -year period corresponding to the
term of office of its members after a regular election.
2. 2014 Remuneration Documents
2.1. The updating by -law (Attachment #1) amending the existing by -law 2011 -405
(Attachment #2) is required to update the 113 allowance provision to apply to the current
elected positions. The amendment is required in order that staff have the authority to
issue compensation in the current year, and produce the statutory documents such as
T -4's that will reflect the accurate amounts. If the 113 allowance were to be removed,
the existing by -law provides that the total compensation value be adjusted to ensure the
net salary is maintained, thereby increasing the overall cost to the tax base;
consequently there are no other suggested changes to the comprehensive By -law
2011 -005.
3. Concurrence
Not Applicable
4. Conclusion
It is respectfully recommended that the attached by -law be approved.
5. Strategic Plan Application
Not applicable.
Municipality of Clarington
Report COD - 019 -14 Page 3
�s
Submitted by: Reviewed by:.. -C��'
Marie Marano, H.B.Sc., ,� Franklin Wu,
Director of Corporate Services /Human Resources Chief Administrative Officer
Staff Contact: Marie Marano, Director, 905 - 623 -3379 ext. 2201 or mmarano @clarington.net
Attachments:
Attachment 1 - By -law to retain the 1/3 Tax free allowance
Attachment 2 — By -law 2011 -005 to update the prevailing compensation policies applicable to
the Mayor and Members of Council and repeal by -law #2007 -097
There are no interested parties to be notified of Council's decision.
MM /gj
ATTACHMENT #t
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NO. 2014.— Oxx
Being a By -law to retain the 113 tax free allowance for
Members of Council for 2014 -2018 Term of Council
WHEREAS Section 283 (1) of the Municipal Act, 2001 provides that a
municipality may pass by -laws for paying remuneration to the members of
Council;
AND WHEREAS Council enacted By -Law 2011 -005 confirming 113 tax free
allowance applied to the local level remuneration in accordance with Section
283(5) of the Municipal Act, 2001; and
WHEREAS Section 283 (7) requires Council to review the by -law passed in
accordance with Section 283 (5) at least once during the four -year period
corresponding to the term of office of its members after a regular election;
NOW THEREFORE BE IT ENACTED AS FOLLOWS:
By -law 2011 -005 be amended to deleted Section B.1; and
2. Council hereby confirms 11.3 tax free allowance applied to the local level
remuneration for the prevailing term from December 2014 to December
2018.
BY -LAW passed in open session this 15ffi day of December, 2014.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
ATTACHMENT #2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW # 2011 -- 005
Being a by -law to update the prevailing compensation policies applicable to the Mayor
and Members of Council, and to repeal by -law# 2007 -097.
WHEREAS Section 283 -1 of the Municipal Act 2001 provides that a municlpality may
pass by laws for paying remuneration to the Members of Council;
WHEREAS On March 19, 2007 the Council of the Municipality of Cfarington ratified
report ADM - 002 -07 Mayors Compensation Review -2007, authorizing staff to bring
forward a comprehensive by -law to consolidate the compensation practices for the
Mayor and Members of Council, which was set out in By -Law 2007 -097 and now
requires updating for compliance;
NOW THE=REFORE BE IT ENACTED AS FOLLOWS:
A. ANNUAL REMUNERATION
Mayor and Council - Amount as set out in prevailing by -laws for particular year in
accordance with the following;
Provisions;
1. Future Increase to annual remuneration will be the percent applicable to
the Non - Affiliated Employees salary for the same period of time, applied
on January 1"' of the applicable year, or as otherwise stated.
2. There is no additional compensation applicable to any prevailing Deputy
Mayor position.
2. Councillor remuneration is set at 40% of the Mayor's salary.
1 Remuneration continues until the end of the term of Council.
4. Regional remuneration - Clarington Council endorsed single stream
payment of the Regional portion of compensation through the local level
by approval of Report COD - 65-04.
The Region approved single stream payment by By -Law 01 -2005 and 08-
2004, and is considered the Employer for Region compensation
purposes.
B. 113 TAX FREE DECLARATION
8.1. In each term Council is required by the Municipal Act 5283 (7) to confirm its
intention to retain the 113 tax free allowance as provided for in the Municipal Act;
Council hereby confirms 113 tax free allowance applied to the local level
remuneration for the prevailing term from December 2010 to December
2014.
8.2. The tax free portion of remuneration is currently exempt from reporting
requirements under the Public Sector Salary Disclosure Act, and remuneration
will continue to be reported as required under the prevailing Act.
B.3. Council maintains the commitment to adjust future compensation to maintain an
equivalent net compensation value should the Municipal Act be amended or
repealed and replaced with provisions that in effect prohibit an income tax free
allowance. Compensation will be automatically adjusted to maintain the same
net compensation level.
C. TRAVEL ALLOWANCE & REIMBURSEMENT GUIDELINES
C.1. Monthly Flat Rate Allowance
Mayor, Deputy Mayor, Councillor — as set out in prevailing by-laws for particular
year in accordance with the following:
Provisions;
1. Monthly fiat rate allowance will be paid to compensate for travel related to
Municipal business within Municipal boundaries.
2. Allowance shall be paid through payroll with statutory deductions applied.
3. The allowance shall be paid on an automatic basis unless any Member of
Council elects not to be reimbursed and provides written notice to Payroll
of the effective date of cancellation.
4. Future increases will be the percent applicable to the general non-
affiliated grid increase, applied to the total monthly allowance, in each
year, unless Council amends otherwise. Increase will be applied at the
date of the change to the employee grid,
5. If any travel is reimbursed for travel outside of the Municipal boundaries
over and above the monthly allowance, it will be at the prevailing
employee kilometre rate, in accordance with the guidelines below.
C.2. Tray I & Ex ense Reimbursement Guidelines
0.2.1 Municipal Business
Municipal business will be considered to include the fallowing:
1. Travel to and from any meetings of Boards Commissions or
Authorities or other groups to which Council members are appointed
or delegated provided they are held outside the municipal
boundaries and travel expenses are not paid by the aforementioned
agencies;
fl. Travel 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;
Accommodation, meals, kilometre reimbursement for travel outside
of municipal boundaries, parking, registration and other
miscellaneous charges related to municipal business which may
Include among other things attendance at any seminar, conference,
events or convention approved by Council and attended as a
Council representative or as provided for through the current budget
allocation;
iv. 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.
d) Constituent meetings.
0.2.2 Expense Claims and Aoorovals
v. All claims for payment shall be documented using the prevailing
expense claim sheet and where possible supported with receipts.
A. Mayor: Expense claims for reimbursement of expenses by the
Mayor shall be submitted as soon as possible after the month end
and approved for payment by the Chief Administrative Officer or in
the alternative, by the Director of Finance.
vii. Memb rs of Council: 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 Director of Finance shall approve the expense claims for
payment.
C.2.3 Annual Report to Council
All expense claims and compensation, severance, etc., shall be
categorized and Included in the annual remuneration report to Council in
accordance with the prevailing Municipal Act requirements.
C.2.4 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:
i 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 the specific amount of
expenditure. Such claims must be supported by the applicable
receipts or documentation.
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 Director of Finance shall approve the claims
for payment
D. BENEFITS PROVIDED FOR CURRENT SITTING MEMBERS
General Application
1. Family or Single Coverage
2. Any member may choose not to reoelve any benefit by advising Payroll in
writing.
3. All benefits are limited to provisions set out by the prevailing carrier.
4. All benefits cease at age 65 unless expressly identified even if the
member is currently on Council.
D.1 Health & Dental
Generally, as applicable to Non - Affiliated Employees for
Health, Dental and Travel Benefits, excluding any self funded provisions.
D.2 Life Insurance and Accidental Death & Dismemberment (ADD)
Prevailing policy generally as applicable to Non - Affiliated
Employees; Reduced at age 65 to 50 %, and at age 70 to
$25,000 or amount set out in prevailing carrier plan.
D.3 OMERS
1. Mandatory participation and individual contribution as set out by OMERS.
2. Per ADM- 03 -02, an "OMERS equivalent" Retirement Pension contribution
of 7.5% of the portion of the current remuneration that is not eligible for
OMERS contribution is established for all Members of Council effective
January 1, 2002.
3. All OMERS deductions stop at age 69 in accordance with OMERS
criteria.
0.4 Sick Leave Benefits
Short Term or Long Term Disability (LTD) benefits are not
provided to Members of Council.
D.5 Other
Communication tools such as cell phones or blackberries are as provided
for in the annual operating budget. Usage of such equipment is governed
by prevailing corporate policies.
E. TUITION ASSISTANCE & MEMBERSHIP FEES POLICY
In accordance with Report ADMIN.16 -2000, the following policy applies unless
otherwise specifically approved by Council resolution:
The Municipality will not pay for any educational courses to any
Member of Council, Including any membership fee of any
professional association. The only exception is orientation
seminars offered to new Members of Council by the Ministry of
Municipal Affairs and Housing.
F. CREDIT CARDS
The Mayor is provided with a credit card for the purpose of Municipal business
expenses, as noted in report ADMIN 9 -94. Statements are submitted to the CAO
for processing of payment, or in the alternative, to the Director of Finance for
processing of payments.
G.SEVERANCE
Payment of severance remuneration to current and future members of Council is
upon the following terms and conditions:
G.1 Definitions:
a) "annual remuneration" of the member means the annual amount of remuneration
paid to the member for the discharge of all duties as a member of Council
including both the tax exempt and taxable portions calculated as at the date of
severance;
b) "member" means any person who is or becomes a member of Council on or after
the 19th day of January 2004;
c) 'service" shall mean any period of continuous service as a member and shall
include any member's period of service occurring prior to the 1 e day of January
2004
d) Retroactivity —there is no severance applied to years of broken service.
G.2.1 Eligibility:
Upon application by the member or his or her personal representative a member
is entitled to receive severance remuneration upon ceasing to be a member by
reason of:
a) election defeat;
b) resignation;
c) leaving office; or
d) dying while in office if the member is 65 years of age or over and not
eligible to receive benefits under the Municipality's group life insurance
program.
G.2.2 Ineliaibifiiv:
No member shall be entitled to receive severance remuneration who ceases to
be a member by reason of or by resignation which is a result of or given in
anticipation of:
a) removal from office by judicial process; or
b) disqualification under or operation of any Act of the Parliament of Canada
or the Legislature of the Province of Ontario
0.3 Remuneration:
Severance remuneration shall be equal to one - twelfth (1112) the annual
remuneration of the member times the number of years service of the member
pro -rated for part years of service to a maximum amount payable of eighteen
(18) months remuneration.
GA Payment:
Payment of severance amount may be split and paid over a maximum of 3 years;
and is subject to all applicable statutory deductions.
G.5 Claim:
A written requost for severance remuneration must be received by the Municipal
Clerk within six (6) calendar months of a member ceasing to be a member
otherwise any entitlement to severance remuneration shall be forfeited.
REPEAL BY -LAWS
The following By -Law Is hereby repealed; #1`2007 -097.
EFFECTIVE DATE: This By taw shall come into force on the date of passage.
Lay -law read a first and second time this 17"' day of Janpary, 2011
By -law read a third time and finally passed this 17'r' day of Januanr,Z011
, Mayor
Clerk