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HomeMy WebLinkAboutCLK 01-18DICKERING Cdy Report to Executive Committee Report Number: CLK 01-18 Date: April 3, 2018 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: 2018 Municipal Election Compliance Audit Committee - Terms of Reference File: A-2000 Recommendation: 1. That the draft Terms of Reference for the 2018 Municipal Election Compliance Audit Committee (the "Terms of Reference") included as Attachment 1 to this Report be approved in accordance with the Municipal Elections Act; That, in accordance with the Terms of Reference, the City Clerk be delegated the authority to recruit and appoint a roster of individuals eligible to serve on the 2018 Municipal Election Compliance Audit Committee and to appoint three (3) members from the roster to serve as the 2018 Municipal Election Compliance Audit Committee for the City of Pickering if and when an application for a compliance audit is received; and 3. That Council approve the remuneration of the 2018 Municipal Election Compliance Audit Committee members as outlined in the draft Terms of Reference. Executive Summary: The purpose of this report is to seek approval of the Terms of Reference in accordance with the Municipal Elections Act, to establish a Municipal Election Compliance Audit Committee for the 2018 Municipal Elections and to provide information regarding the joint Committee to be established by certain local municipalities and a school board. Financial Implications: The Terms of Reference propose that a retainer fee of $400.00 for each individual on the roster be approved. The cost of retainer fees would be shared equally among Pickering, Oshawa, Whitby, Region of Durham, and Durham District School Board (the "participating bodies"). The retainer covers attendance at a mandatory training session and review of periodic updates or information supplied by the City Clerk. In addition to the retainer fee, a per diem rate of $350.00 plus mileage would be paid by the City of Pickering to each of the three (3) members appointed by it, for their attendance at a hearing at any time that an application for a compliance audit is received. In the event of any application for a compliance audit in Pickering, the City would also be required to pay any auditor's costs and the costs, if any, of any external legal counsel for the Committee, in accordance with the provisions of the Municipal Elections Act. CLK 01-18 April 3, 2018 Subject: 2018 Municipal Election Compliance Audit Committee - Terms of Reference Page 2 Discussion: The Municipal Elections Act requires that a Municipal Election Compliance Audit Committee must be appointed for each election term. Traditionally, each municipality in Durham Region, including the Region itself and the School Boards, have established their own individual Compliance Audit Committees. This has often resulted in the same individuals being appointed to multiple Compliance Audit Committees throughout Durham Region and beyond, which has resulted in the payment of multiple retainer fees and per diem rates to the same individual by multiple municipalities. For the 2018 Election term, staff at Durham Region municipalities have considered the idea of collaborating on a joint municipal Compliance Audit Committee, similar to York Region, Halton Region, Muskoka and Niagara. After meeting to discuss the merits, the northern municipalities (Uxbridge, Brock and Scugog) decided to join together and share one compliance audit committee. The municipalities of Pickering, Oshawa, Whitby, the Region of Durham and the Durham District School Board (the "participating bodies") have joined together and propose to share one Compliance Audit Committee. The Town of Ajax and Municipality of Clarington will appoint their own committees. The decision to share a committee was based on the benefits and efficiencies that would be realized by sharing the costs of solicitation, recruitment, training and retainer fees. With these costs being shared by the participating bodies, it has become possible to increase the retainer fee to attract more skilled members. Additionally, the collaboration will allow for the pooling of resources to advertise across various mediums that will attract candidates with the skills required to effectively serve on Compliance Audit Committees. The draft Terms of Reference propose a roster of qualified individuals from which Compliance Audit Committees will be struck at the time any application for a compliance audit is received. The number of individuals on the roster will be dependent on the number of applications received and will ideally be no fewer than nine and no more than twelve. The clerk or secretary of each participating body will have the authority to select members from the roster to serve on their respective Compliance Audit Committees. The Compliance Audit Committees will have the ability to act simultaneously for multiple municipalities. This will assist in meeting the tight timeframes under the Municipal Elections Act. All individuals interested in applying for Compliance Audit Committee membership will be required to complete an application and may be subject to screening and an interview. Successful candidates will be selected by the clerks and secretary of the participating bodies. The draft Terms of Reference have been agreed to by staff of the participating bodies. Advertisements have been placed on their websites, in Community Pages, Ontario Reports, SOAR and CPA for recruitment of applicants. Additional information about the recruitment of applicants and the Policies and Procedures for the 2018 Election Compliance Audit Committee will be posted on Pickering's website when completed. CORP0227-07/01 revised CLK 01-18 Subject: 2018 Municipal Election Compliance Audit Committee - Terms of Reference Attachments: April 3, 2018 Page 3 1. 2018 Municipal Election Compliance Audit Committee — Terms of Reference Prepared By: Debbie Shields City Clerk DS Ap . • ved/Endorsed By: • Paul Direc Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng_ Chief Administrative Officer /-4. 14. , 2Q1e CORP0227-07/01 revised orate Services & City Solicitor 2018 Municipal Election Compliance Audit Committee Terms of Reference Name: The name of the Committee is the "2018 Municipal Election Compliance Audit Committee" ("the Committee"). Definitions: Clerk means the Clerk of the City of Pickering appointed in accordance with Section 228 of the Municipal Act, 2001. Participating Bodies means the City of Oshawa, City of Pickering, Town of Whitby Durham District School Board and Regional Municipality of Durham. Mandate: The Committee is established pursuant to the requirements of section 88.37 of the Municipal Elections Act, 1996, S.O., 1996, c. 32, as amended ("the Act") for the City of Pickering. The powers and functions of the Committee are set out in Section 88.33 to 88.37 of the Act. Term of Committee: The term of appointment for the Committee shall be for four (4) years, commencing on December 1, 2018 and concluding on November 14, 2022, or until such time the applicable Committee has disposed of any remaining matters in accordance with the Act. Composition: When a compliance audit application from an elector or a report from the Clerk where a candidate or registered third party has contravened any of the contribution limits under section 88.9 of the Act is received, the Committee comprised of three (3) members shall meet and consider the application and/or report in accordance with the Act. Members forming the Committee shall be selected by the Clerk from a roster of qualified individuals, who have been jointly recruited by the clerks and secretaries of the Participating Bodies. The following persons are ineligible for appointment: • Employees or officers of any lower -tier municipality in the Region of Durham, of the Regional Municipality of Durham, or of a School Board having jurisdiction in the Region of Durham; • A member of council or of a local board of any lower -tier municipality in the Region of Durham, the Regional Municipality of Durham, or a School Board having jurisdiction in the Region of Durham • Any persons who are candidates in an election of any lower -tier municipality in the Region of Durham, the Regional Municipality of Durham, or a School Board having jurisdiction in the Region of Durham; or • Any persons who are registered third parties in the election of any lower -tier municipality in the Region of Durham, the Regional Municipality of Durham, or a School Board having jurisdiction in the Region of Durham. All Committee Members must agree in writing that they will not work or volunteer for, or contribute to, any candidate or registered third party in any capacity in an election of a lower -tier municipality in the Region of Durham, the Regional Municipality of Durham, or a School Board having jurisdiction in the Region of Durham. If upon being made aware that a Member or individual on the roster has participated or contributed to a campaign or registered third party, the Clerk shall remove the individual from the roster or rescind the Member's appointment to the Committee. Conduct of Members: Members of the Committee shall comply and conduct themselves in accordance with the City's by-laws, policies and any other applicable legislation. Members shall not use their position on the Committee for any personal or political gain. Remuneration: Remuneration will be as follows: • $400.00 retainer fee (costs will be shared equally by the Participating Bodies) for those individuals on the roster. The retainer shall cover attendance at a mandatory training session and review of periodic updates or information supplied by the Clerk or Secretary of a Participating Body. Payment of the retainer does not denote membership on a Compliance Audit Committee and covers the four (4) year term; and, • $350.00 per meeting, plus mileage in accordance with the rate normally paid to employees of the City of Pickering. The per meeting rate shall cover review of background or agenda materials as required in preparation for a meeting. Membership Selection: At a minimum, the recruitment of persons to be included on the roster of individuals shall be advertised in a local newspaper having general circulation and on the websites of the Participating Bodies. Other recruitment measures may be initiated by the Clerks and Secretary of the Participating Bodies. All applicants will be required to complete an application and may be subject to further screening and an interview. The selection process will be determined by the Clerks and Secretary of the Participating Bodies. Applicants must have the ability to understand and apply the election campaign finance provisions of the Act and must remain impartial in order to fulfill their responsibilities. Preference will be given to candidates that have applicable experience related to compliance audit activities, accounting, law, investigative or adjudicative processes, municipal administration and/or academics. In addition, experience serving on a corporate board, committee or adjudicative body; and demonstrated communication, analytical and decision-making skills is desirable. Meetings: Meetings will occur as needed and shall be conducted in accordance with the Compliance Audit Committee Rules of Procedure established by the Clerk. Chair: At the first meeting of a Compliance Audit Committee, the members shall appoint one member to act as Chair for the duration of the Committee's term. Role of Clerk, Secretary: The Clerk will act as the main contact between the Committee, compliance audit applicant, candidate and registered third party. In accordance with section 88.37 (6) of the Act, the Clerk shall carry out any duties required under the Act to implement the Committee's decisions.