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HomeMy WebLinkAboutBy-law 7350/14 The Corporation of the City of Pickering By-law No.7350 /14 Being a by-law to establish a Compliance Audit Committee for each 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 of an election year 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. 3. That the Compliance Audit Committee's authority shall extend only to applications made with respect to candidate campaign finances related to the current Municipal Election. By-law passed this 22nd day of April , 2014. David Rya., V - or Debbie Shields, City Clerk City of Pickering Election AI'TACNME+IT —TC E I�11T# Compliance Audit Committee C.LR 03-1 Terms of Reference Name: The name of the Committee is the "City of Pickering 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 current Municipal Election and any by-elections during Council's term, if they do, their appointment will be terminated. 1 100 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. 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; and - 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. 2 101 • 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 Election Compliance Audit Committee will be considered complete at the end of the four year term of Council, 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. • II 3 102