HomeMy WebLinkAboutCAO 21-10
City o~ Report To Council
' ' - Report Number: CAO 21-10
PICKERING Date: September 13, 2010
159
From: Debbie Shields
City Clerk
Subject. 2010 Municipal Elections Compliance Audit Committee
- Appointments
Recommendation,
That the following individuals be appointed to the 2010 Municipal Elections Compliance
Audit Committee to review applications relating to candidates' financial statements for
the 2010 City of Pickering elections:
a) Joseph Morris Brown
b) Donald Hudson
c) William John Paul Jones.
Executive Summary: In May 2010, Council approved a report and
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recommendations that authorized the establishment of a City of Pickering 2010
Municipal Elections Compliance Audit Committee. This report stated that Committee
members must possess an in-depth knowledge of the campaign financing rules of the
Act. Additional selection criteria included proven analytical and decision-making skills,
experience working on a Committee, task force, or a similar body and excellent oral and
written communication skills. Through an open recruitment process, the City Clerk
received three qualified individuals for appointment to this Committee.
Financial Implications: The Terms of Reference, as approved, are attached
outlining modest remuneration costs for appointed members. Remuneration and any
other costs associated with the operation of this Committee will be allocated from the
2010 Elections Budget and the 2011 Election Reserve Budget.
Sustainability Implications: Not applicable.
Background: The Municipal Elections Act, 1996, as amended by Bill 212, now
requires that every municipality appoint a Compliance Audit Committee prior to October
1, 2010. This Committee is responsible for reviewing applications that challenge 2010
City of Pickering election candidates' financial statements. Under the Act, the City Clerk
Report CAO 21-10 September 7, 2010
Subject: 2010 Municipal Elections -Compliance Audit Committee Page 2
160
is responsible for the recruitment of Committee members and also responsible for the
establishment of administrative practices and procedures to ensure that applications are
addressed by the Committee in an effective manner. The City Clerk is pleased to
recommend the following individuals for appointment to the Committee:
a) Joseph Morris Brown is a long-term member on the Board of the Ajax and
Pickering General Hospital and has served on a number of other Boards and
Committees. Mr. Brown has been actively involved in elections throughout the
years, including acting as a Deputy Returning Officer and running as a candidate.
b) Donald Hudson is retired, having spent over 20 years as a senior level executive
for municipal government. Mr. Hudson has also served on a number of Boards and
Committees, including acting as the Past President and Secretary-Treasurer of the
Association of Municipal Clerks and Treasurers of Ontario.
c) William John Paul Jones is recently retired from working in the public sector for
30+ years. Mr. Jones has been an expert witness during court proceedings
concerning municipal election matters and spoken at numerous candidate forums
about municipal election financing rules.
Attachments:
1. Terms of Reference.
Prepared By: Approved/Endorsed By:
Lisa Harker, MPA Debbie Shields
Coordinator, Records & Elections City Clerk
DS:lh
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering i y Co n
Tony a del, P.Eng.
Chief Administrative Officer
CORP0227-07/01 revised
ATTACHMZ.:N ► y Pc)PT# C`AG a t- l b
n ~•:Zter
City of Pickering 161
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 or rejected;
- 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 Council 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
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 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.
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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, 2001.
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:
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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