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Home My WebLink AboutCAO 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 I 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. 1 162 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. I 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. 2 163 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. I I 3