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HomeMy WebLinkAbout10 124 consolidated citizen committee appointment amend (compliance audit) THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (BT_ 1*,iy,...1 ,F,,w.i..1 k � NMGPPO\0 O BY -LAW NO. 2010 -124 BEING A BY -LAW TO ESTABLISH A COMPLIANCE AUDIT COMMITTEE AND TO AMEND THE CONSOLIDATED CITIZEN COMMITTEE APPOINTMENT BY -LAW WHEREAS Section 224 (a) and (c) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, identifies that the role of the Council of a municipality is to represent the public and to consider the well -being and interest of the municipality and to III determine which services the municipality provides; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine has determined that it requires various advisory committees, special committees, boards and commissions and special purpose appointments to assist in this role; AND WHEREAS pursuant to the said Municipal Act, Section 8 (1), provides that the powers of a municipality under this or any other Act, shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues; AND WHEREAS By -law No. 2007 — 012 was passed on the 24 day of January, 2007 to appoint members to various advisory committees, special committees, boards and commissions; AND WHEREAS Section 81.1(1) of the Municipal Elections Act, 1996 requires a council, before October 01 of an election year, to establish a committee for the purposes of Section 81 of the Act; • AND WHEREAS Terms of Reference for the Municipality's Compliance Audit Committee were approved by Council March 17, 2010; NOW THEREFORE the Council of The Corporation of the Municipality Kincardine ENACTS as follows: 1. That the Kincardine 2010 Election Compliance Audit Committee be hereby established. 2. That the Terms of Reference, attached hereto as Schedule "A" and forming part of this By -law, be hereby adopted for the Kincardine 2010 Election Compliance Audit Committee. 3. That By -law No. 2007 — 012 be hereby amended by adding Schedule "X" which constitutes a new committee "Kincardine 2010 Election Compliance Audit Committee ". III ...12 COMMITTEE APPOINTMENT AMENDMENT (Compliance Audit Committee, September 2010) By -Law No. 2010 - 124 4. This by -law shall come into full force and effect upon its final passage. • 5. This by -law may be cited as the "Consolidated Citizen Committee Appointment By -law Amendment (Compliance Audit Committee, September 2010) By -law ". READ a FIRST and SECOND TIME this 15 day of September, 2010. ✓--� DcsrvKrc' ayor Cle rk �1 READ a THIRD TIME and FINALLY PASSED this 15 day of September, 2010. tovv tArit or Clerk • 1111 • Schedule "A" Of By -law Number 2010 - 124 Kincardine 2010 Election Compliance Audit Committee Terms of Reference • Terms of Reference 1 Name The name of the Committee is the "Kincardine 2010 Election Compliance Audit Committee ". 2 Duration The Committee must be established before October 01, 2010. The term of office is from December 1, 2010 to November 30, 2014 to deal with applications from the 2010 election and any by- elections during Council's term. 3 Mandate The powers and functions of the Committee are set out in Sections 81 and 81.1 of the Municipal Elections Act, 1996. The Committee will be required to: (a) consider a compliance audit application received from an elector and decide whether it should be granted or rejected; (b) if the application is granted, appoint an auditor to conduct a compliance audit of the • candidate's election campaign finances; (c) receive and consider the auditor's report; (d) if report concludes that the candidate appears to have contravened a provision of the Municipal Elections Act, 1996 relating to election campaign finances, decide whether legal proceedings should be commenced; or if report concludes that the candidate does not appear to have contravened a provision of the Municipal Elections Act, 1996 relating to election campaign finances, decide as to whether there were reasonable grounds for the application; (e) make recommendation to Council on recovery of the costs of conducting the compliance audit from the applicant if the auditor's report indicates there were no apparent contraventions and if there appears there were no reasonable grounds for the application. 4 Membership The Committee will be composed of three (3) members, with membership drawn from the following stakeholder groups: (a) accounting and audit — accountants or auditors with experience in preparing or auditing the financial statements of municipal candidates; (b) academic — college or university professors with expertise in political science or local • government administration; (c) legal; and (d) other individuals with knowledge of the campaign financing rules of the Municipal Elections Act, 1996. Members of Council, municipal staff, or candidates in the 2010 election or in any by- election during the term of Council are not eligible to be appointed to the Committee. 5 Membership Selection All applicants will be required to complete an application form outlining their qualifications and experience. The Chief Administrative Officer, the Clerk and the Treasurer will short list and interview applicants who meet the criteria. A report will be presented to the Striking Committee and recommended candidates will be submitted to Council for consideration. The selection process will be based upon clearly understood and equitable criteria. Members will be selected on the basis of the following: (a) demonstrated knowledge and understanding of municipal election campaign financing • rules; (b) proven analytical and decision - making skills; (c) experience working on a committee, task force or similar setting; (d) excellent oral and written communication skills; and (e) availability and willingness to attend meetings. Schedule "A" Of By -law Number 2010 - 124 Terms of Reference To avoid possible conflicts of interest, any auditor or accountant appointed to the Committee must agree in writing to not undertake the audits or preparation of the financial statements of • any candidates seeking election to Council. Failure to adhere to this requirement will result in the individual being removed from the Committee. Members will be appointed by Council. 6 Chair The Committee members will select a Chair from amongst its members at its first meeting. 7 Staffing and Funding The Clerk shall establish administrative practices and procedures for the Committee and shall carry out any other duties to implement the Committee's decisions. 8 Meetings Meetings of the Committee will be conducted in accordance with the open meeting provisions of the Municipal Act, 2001 and the Municipality of Kincardine Procedure By -law, The Municipality's web site will be used to communicate the meeting notices and agendas. 9 Compensation • Per diem remuneration is $30.00 per hour for actual Committee meeting time and members will be compensated for bona fide Compliance Audit Committee mileage at the prevailing Municipality of Kincardine rate. • • COMMITTEE APPOINTMENT AMENDMENT (Compliance Audit Committee, September 2010) By -Law No. 2010 - 124 INDEX • CONSOLIDATED CITIZEN COMMITTEE APPOINTMENT BY -LAW By -law No. 2007 — 012 As Amended by By -Laws No. 2007 — 284, 2007 — 373, 2008 — 001, 2008 — 131, 2010 - 124 COMMITTEE SCHEDULE PAGE Accessibility Advisory A 4 Board of Management Business Improvement Area (BIA) B 5 Bruce Telecom Board C 6 Cemeteries D 7 Committee Of Adjustment/Property Standards E 8 111 Communities In Bloom F 9 Community, Heritage, Arts and Tourism (CHAT) G 10 -11 Doors Open H 12 Economic Development I 13 Emergency Services J 14 Energy Solutions Expo (Rescinded) K 15 Heritage Kincardine L 16 Kincardine Centre For The Arts M 17 Kincardine Police Services Board N 18 Physician Recruitment & Retention (Rescinded) 0 19 Building and Planning P 20 Property Standards (Rescinded see Schedule E) Q 21 III Public Works R 22 Recreation Services S 23 Special Purpose Committee Appointments T 24 - Livestock Valuators - Pound Keeper - Weed Inspector - Fence Viewers - Tile Drain Inspectors Westario U 25 Airport Governance V 26 Kincardine Environmental Advisory (KEAC) W 27 Kincardine 2010 Election Compliance Audit Committee X 28 III COMMITTEE APPOINTMENT AMENDMENT (Compliance Audit Committee, September 2010) By -Law No. 2010 - 124 Page 28 Consolidated Citizen Committee Appointment (2007) By -Law By -law No. 2007 - 012 SCHEDULE "X" KINCARDINE 2010 ELECTION COMPLIANCE AUDIT COMMITTEE (Reports to Council /Committee of the Whole ) Appointee Expiry Date Jodi MacArthur November 30, 2014 Bob Beccarea November 30, 2014 Terry Julian November 30, 2014 • Staff Resource Clerk The Mayor is a member by virtue of office of all boards, commissions and committees with the exception of the Property Standards Committee, Police Services Board and the Fence Viewers.