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HomeMy WebLinkAboutBy-law 1008/79THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.1008/79 Being a By-Law respecting remuneration and expenses for members of Council and Council- appointed members of certain local boards. WHEREAS, pursuant to the provisions of sections 388, 389, 389a and 389b of The Municipal Act, R.S.O. 1970, c.284, as amended by S.O. 1978, c.32 and S.O. 1978, c.101, the council of a municipality may pass by-laws providing for the payment of remuneration and expenses to its members and to its appointees to local boards and other bodies; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. Subject to the provisions of The Municipal Act, R.S.O. 1970, c.284, as amended, in this By-Law, the term, (a) "Council" means the Council of the Town; (b) "Council Committee" means any standing or special committee established by Council, regardless of the name by which it is identified or the fact that persons other than Council members may be included in its membership; (c) "Ex officio member" means a member of a local board or other body who, (i) by statute is entitled to be a member of that board or body by virtue of his office as head of Council or as a specified class of Council member, or (ii) serves as a member of that board or body pursuant to his appointment under sec- tion 213 of The Municipal Act, R.S.O. 1970, c.284; TU t•1 O Pici<r_ an AIJ: !R AS T0 0 ' I LEGAL UE 'i (d) "Local board" means a local board as de- fined in The Municipal Affairs Act, R.S.O. 1970, c.118; (e) "Other body" means any body other than Council, a Council committee or a local board; (f) "Town" means the Corporation of the Town of Pickering; (g) "Town employee" means an officer, servant or other employee of the Town, but does not include, (i) a member of Council, (ii) a Council appointee to a local board or other body and whose only remuneration from the Town results solely from his - 2 - or her membership in such local board or other body, (iii) an employee of a local board or other body, (iv) the municipal auditor, and (v) any person engaged by re- tainer or under contract for the purpose of provid- ing advice or services in respect of legal, planning, engineering or like matters. 2. (1) The Town shall pay remuneration to, (a) each member of Council, for his or her services as such, accord- ing to the provisions of Schedule "A" hereto; (b) each Council appointee to a local board or other body for his or her services as such, according to the provisions of Schedule "B" hereto; (c) each ex officio member of a local board or other body for his or her services as such, according to the provisions of Schedule "B" hereto. (2) The remuneration provided for in subsection 1(1) shall be paid in regular instalments by the Town Treasurer from funds provided by Council for that purpose. (3) Notwithstanding subsection (2), where a Council appointee to or an ex officio member of a local board or other body fails to submit any informa- tion or documentation required to be submitted in support of a claim for remuneration, the Town Treasurer may withhold all or any part of any regular instalment until such supporting infor- mation or documentation is provided at which time the amount withheld shall be paid. 3. (1) The Town shall make payments to, (a) each member of Council, (b) each Town employee, (c) each Council appointee to a local board or other body, and (d) each ex officio member of a local board or other body, in respect of expenses incurred by such persons and that come within the appropriate description of expenses in Schedule "C" hereto. - 3 - (2) The payments in respect of expenses incurred pro- vided for in subsection (1) shall be paid in reg- ular instalments by the Town Treasurer from funds provided by Council for that purpose. (3) Notwithstanding subsection (2), where a person otherwise entitled to receive payment in respect of expenses incurred fails to submit any infor- mation or documentation required to be submitted in support thereof, the Town Treasurer may with- hold all or any part of a payment until such supporting information or documentation is pro- vided at which time the amount withheld shall be paid. 4. Notwithstanding any other provisions herein, where a person is entitled to receive remuneration or payment for expenses hereunder in respect of his membership in a local board or other body and where he has received or is entitled to receive remuneration or payment for expenses from that local board or other body in respect of the same period of time or for the same expenses, he shall deduct the remun- eration or payment for expenses, as the case may be, that he has received or is entitled to receive from that local board or other body, from the remuneration or payment for expenses that, but for this section, would be payable to him hereunder, and the amounts remaining, if any, shall be the amounts to which he is entitled hereunder as remun- eration or payment for expenses for that period and those expenses. 5. (1) Beginning in the year 1980, the Town Treasurer shall, on or before February 28th in each year, submit to Council an itemized statement of the remuneration and the payments in respect of expenses paid pursuant to this By-Law in the preceding calendar year to: (a) each member of Council, (b) each Council appointee to a local board or other body, and (c) each ex officio member of a local board or other body. (2) The Town Treasurer's statement referred to in subsection (1) shall be in the form set out in Schedule "D" hereto, but he may include in the statement any additional information that he, Council or the Town's auditor sees fit. 6. (1) A Town Treasurer's statement, required to be submitted to Council pursuant to the provisions of section 5, may be subject to audit by the Town's auditor. (2) If, upon an audit, the Town's auditor deter- mines that any information contained in such a statement appears to be in error, then the Town's auditor shall advise Council by letter of the apparent error. (3) Any letter received by Council from the Town's auditor pursuant to the provisions of subsec- - 4 - tion (2) shall be dealt with at the next reg- ular meeting of Council and Council's disposi- tion of the matter shall be recorded in the minutes thereof. 7. Notwithstanding the provisions of, (a) clause (b) of subsection (1) of section 2 hereof, and (b) subsection (1) of section 3 hereof, no remuneration or payment for expenses incurred shall be paid thereunder in or for the calendar year 1979 to a mem- ber of a Conservation Authority in respect to his appoint- ment to that Authority. 8. (1) Section 1 of By-Law 926/78 is hereby amended by deleting therefrom the phrase "and shall receive the remuneration listed in Column 5" in lines 7, 8 and 9 thereof. (2) Schedule "A" to By-Law 926/78, as amended by By- Law 957/79, is hereby amended by deleting there- from, in its entirety, the column designated "Column 5 Remuneration". BY-LAW read a first, second and third time and finally passed this 18th day of June , 1979. M or 1 SCHEDULE "A" REMUNERATION OF MEMBERS OF COUNCIL ITEM MEMBER 1. Mayor 2. Councillor REMUNERATION ANNUM(1) PER MEETING(2 $15,900.00 $200.00 7,150.00 $100.00 Notes: (1) The per annum remuneration shall be adjusted proportionately where a member makes his or her declaration of office at a meeting of Council other than the first meeting after a regular election. (2) The per meeting remuneration is applicable only to meetings of Council, (a) attended by the member, and (b) held after November 30th but before the first meeting of the new Council after a regular election. SCHEDULE "B" REMUNERATION OF COUNCIL APPOINTEES TO AND EX OFFICIO MEMBERS OF LOCAL BOARDS AND OTHER BODIES ITEM NAME OF LOCAL BOARD OR OTHER BODY REMUNERATION(1) 1. Ajax-Pickering Hospital Board Nil 2. Ajax, Pickering & Whitby Association for Retarded Children Nil 3. Cemetery Board Nil 4. (Reserved) 5. Committee of Adjustment $30.00 Per Meeting 6. Community Centres Board Nil 7. (Reserved) 8. Fenceviewers $15.00 Per Arbitration 9. Livestock Valuers $15.00 Per Arbitration 10. Museum Advisory Committee Nil 11. Museum Management Board Nil 12. Public Library Board Nil 13. Regional Animal Control Committee Nil 14. Pickering, Ajax, Whitby Animal Control Committee Nil 15. Social Planning Council of Ajax- Pickering Nil Notes: (1) Where remuneration is related to meeting or arbitration, remuneration is payable to an appointee or member only when he or she actually attends the meeting or conducts the arbitration. SCHEDULE "C" PAYMENTS RESPECTING EXPENSES INCURRED PART 1 - EXPENSES PAYABLE ITEM NAME OF BODY MEMBER(1) EXPENSES PAYABLE 1. Ajax-Pickering Hospital All Nil Board 2. Ajax, Pickering, & Whitby All Nil Association for Retarded Children 3. Cemetery Board All Nil 4. (Reserved) 5. Committee of Adjustment All See Parts 2(a) & 3 6. Community Centres Board All Nil 7. (Reserved) 8. Fenceviewers All See Part 2(a) Only 9. Livestock Valuers All See Part 2(a) Only 10. Museum Advisory Committee All Nil 11. Museum Management Board All Nil 12. Public Library Board All Nil 13. Regional Animal Control All Nil Committee 14. Pickering, Ajax, Whitby All Nil Animal Control Committee 15. Social Planning Council All Nil of Ajax-Pickering 16. (Reserved) 17. (Reserved) 18. (Reserved) 19(a). Council Mayor See Parts 2(b) & 3 (b). Councillors See Parts 2(a) & 3 20. Town Employees All See Parts 2(a) & 3 Notes: (1) The entry "all" in items 1 to 18, inclusive, in this column, means all Council appointees and ex officio members, as defined herein, and not necessarily all of the members of the body. SCHEDULE "C" (Cont'd) PAYMENTS RESPECTING EXPENSES INCURRED (Cont'd) PART 2 - TRAVEL EXPENSE - PRIVATE AUTOMOBILE EXPENSE AMOUNT PAYABLE (a) For distance necessarily travelled $0.14 per by private automobile on business kilometre of the body in question (1) ($0.22 per mile) (b) Allowance for private automobile $600.00 per used on business of the body in annum question (1) Notes: (1) No person in receipt of an allowance under (b) may make a claim under (a) except under the authority of Part 3. PART 3 - CONVENTION & SEMINAR EXPENSES EXPENSE (a) Travel expense (i) by private automobile (b) Accommodation expense (c) Registration expense (d) Unspecified expenses (e.g. meals, taxis, parking) AMOUNT PAYABLE See Part 2(a) Actual cost(1) Actual cost Actual cost Actual cost ($25.00 per day maximum) Notes: (1) Air fare will not be paid for trips not exceeding 640 kilometres - 400 miles - return. SCHEDULE "D" To: The Mayor and Members of Council STATEMENT OF THE TOWN TREASURER Respecting Remuneration paid to Members of Council and Council Appointees to and Ex Officio Members of Local Boards and other Bodies, and Respecting Payments for Expenses incurred made to Members of Council, and Council Appointees to and Ex Officio Members of Local Boards and other Bodies, For the Period from 19 to , 19 , inclusive. Prepared pursuant to the provisions of section 5 of By-Law / and section 389d of The Municipal Act, R.S.O. 1970, c.284, as amended by S.O. 1978, c.17. Part 1 - Remuneration Paid Authoritv Amount Sub-Total Total Members of Council: Note (1) Mayor A.B. $ $ Councillor C.D. Councillor E.F. Councillor G.H. Council Appointees: Note (2) (Name of Local Board) Member J.K. Member L.M. Ex Officio Members: Note (2) (Name of Local Board) Member N.O. Member P.Q. Total Remuneration Paid $ SCHEDULE "D" (Cont'd) Part 2 - Payments for Expenses Incurred Payee Authority Amount Sub-Total Total Members of Council: Note (3) Mayor A.B. $ $ Councillor C.D. Councillor E.F. Councillor G.H. Council Appointees: Note (4) (Name of Local Board) Member J.K. Member L.M. Ex Officio Members: Note (4) (Name of Local Board) Member N.O. Member P.Q. Total Payments Made for Expenses Incurred $ Notes: (1) Authority: By-Law /79 - section 2(1)(a) The Municipal Act* - section 388(1) (2) Authority: By-Law /79 - section 2(1)(b) & (c) The Municipal Act* - section 389a(1) (3) Authority: By-Law /79 - section 3(1)(a) The Municipal Act* - section 389(1) (4) Authority: By-Law /79 - section 3(1)(c) & (d) The Municipal Act* - section 389b *R.S.O. 1970, c.284 as amended S.O. 1978, c.32 and c.101. DATED at Pickering, this day of , 19 . Town Treasurer