HomeMy WebLinkAboutBy-law 7055/10
The Corporation of the City of Pickering
By-law No. 7055/10
Being a by-law.to establish a Compliance Audit
Committee for the 2010 2014 Term of Council
Whereas section 81 of. the Municipal Elections Act, 1996, as amended, requires the
Council to establish a Compliance Audit Committee, before October 1, 2010, for the
purposes,of section 81 of the Act; and
Whereas the City. of Pickering is committed to ensuring a consistent,`open and
transparent process for receiving and processing compliance audit applications.'
Now therefore the Council of The Corporation of the-City of Pickering hereby enacts as
follows:
1: A Compliance Audit Committee consisting of three (3) members with full.
delegation of the permitted authority be established under the provisions of the
'Municipal Elections Act, 1996, as amended.
2. That the "Terms of Reference" attached as Schedule "A" and forming part of this
by-law, shall guide the structure and responsibilities of the Compliance Audit
Committee.
That the Compliance Audit Committee's authority shall extend only to
applications made with respect to candidate campaign finances related to the
2010 municipal election.
By-law read.a first, second and third time and-finally passed this 17th day of May, 2010.
David Ryan
Debbie Shields, City Clerk
City of Pickering
. 2010 Election
Compliance Audit Committee
Terms of Reference
Name:
The name-of the Committee is the "City of Pickering 2010 Election Compliance Audit
Committee" (the'Committee).
Mandate:
The'powers and functions of the Committee:are set out in Section 81 of the Municipal
Elections Act, 1996:
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.orrejected;
- If the application is granted, the Committee shall appoint an auditor licensed under
the Public Accounting Act, 2004 to conduct a compliance audit.
The Committee will review the auditor's report within 10 days of receipt and decide
whether legal proceedings should be commenced; and
= If the auditor's report indicates that there were no apparent contraventions and if
there appears there were no reasonable grounds for the application, the
Committee shall advise Coun.cil'accordingly:
Reporting and Functional Relationships:
The,City Clerk will act as the main contact between the Committee and Council and will
: -report on Committee activity as required to the appropriate individuals and Council.
Committee Membership:
The Committee shall consist of three members appointed by the Council of the City of
.Pickering. The City'Clerk will recruit and recommend three qualified individuals for
appointment to the Committee.
The following persons are not eligible for appointment to the Committee:
- Employees or officers of the City of Pickering
- Members of Council
Any candidates running in the election for which the Committee is established
~AII.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. City of Pickering Council or become a candidate in the 2010
Municipal Elections and any by-elections during Council's term, if they do, their
appointment will be terminated.
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All Committee Members must have the ability to understand and apply the election
campaign finance provisions of the Act and should be considered impartial with respect
to their ability to fulfill their responsibilities. Preference shall be given to candidates that
have applicable experience in accounting, law, law enforcement and academics from
related fields.
Remuneration to appointed members will be as follows:
- $250.00 retainer fee (includes compensation for review of any background
materials)
- $200.00 per meeting
Membership Selection Criteria:
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 The University of Ontario Institute of Technology.
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.
The selection process will be based upon clearly understood and equitable criteria.
Members will be selected on the basis of the following:
- demonstrated knowledge and understanding of municipal election campaign
financing rules;
- proven analytical and decision-making skills;
- experience working on a committee, task force or similar setting;
availability and willingness to attend meetings;
- excellent oral and written communication skills;
Meeting Structure:
The Committee will be called to order when an application for a compliance audit has
been received. The date and time of the meeting will be determined by the City. Clerk
and communicated directly to the committee members. All time frames outlined in the
Act and regulations will be adhered to.
Committee activity will be determined primarily by the number and complexity of
applications for compliance audits that may be received. The frequency and duration of
Committee meetings will be determined by the Committee in consultation with the City
Clerk.
An agenda shall be prepared for each Committee meeting. Minutes of each meeting
shall outline the general deliberations and specific actions and recommendations that
result.
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The Committee members will select a` Chair from amongst its members at its first
meeting.
The Committee will conduct its meetings in public, subject to the need to meet in closed
session for a purpose authorized by section 239.of the Municipal Act, 2009.
The City's' web: site will be used to communicate meeting notices, agendas and
decisions.
.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.
Term of the Committee:'
r,
The mandate of the City of Pickering 2010 Election Compliance Audit Committee will be
considered complete at the end of the four year term of Council (2014), at which time, a
successor committee shall be appointed.
Exception - Any.outstanding applications that have not yet been completed at the end
of the four-year term shall be completed by the Committee which first accepted the
application.
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