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Council Remuneration Review Committee Agenda - 2020/07/14 The Corporation of the Township of Malahide COUNCIL REMUNERATION REVIEW COMMITTEE July 14, 2020 10:00 a.m. Springfield & Area Community Services Building 51221 Ron McNeil Line, Springfield** ** Note: Due to the COVID-19 situation, this meeting will be held electronically via videoconference.** (A) Call to Order (B) Disclosure of Pecuniary Interest (C) Election of Chair and Vice-Chair (D) Committee Orientation Session - Committee Terms of Reference (Pages 2 - 6) - Procedural By-law (Pages 7 - 35) - Conflict of Interest Act (Pages 36 - 44) - Confidentiality Policy (Page 45) (E) Reference Materials - Malahide Council Remuneration By-law No. 19-49 (Pages 46 - 47) - Council Remuneration Comparison (March 2019) (Pages 48 - 49) - Malahide Council List of Committees/Participation (November 2019) (Page 50) - Malahide Council Travel & Convention Policy (2015) (Pages 51 - 54) - Malahide Council Code of Conduct (2019) (Pages 55 - 84) - AMCTO Report - Municipal Council Compensation In Ontario (March 2018) (Pages 85 - 122) (F) Next Committee Meeting (G) Adjournment RES Council Remuneration Review Committee Terms of Reference Purpose of the Committee The purpose of Council Remuneration Review Committee is to review the remuneration and benefits to be paid to the Township of Malahide and, if necessary, recommend changes to be implemented. Guiding Principles The philosophy is to base the compensation for the Mayor and Members of Council on realistic standards so that elected officials of Malahidemay be compensated according to their roles and responsibilities. To achieve the above, a compensation plan reflects one that: Is fair and reasonable and will attract a diverse and representative pool of candidates from residents wishing to seek election to Council but also be seen as fair by taxpayers; Recognizes that the work of the Mayor andCouncil is demanding and important and as such they should be appropriately compensated; Recognizes the complexity, responsibilities, time commitments and accountabilities associated with the role of Mayor and Council; Is appropriate for the average full-time earnings within the community; Must demonstrate fiscal responsibility. Mandate The mandate of the Committee is to produce an independent report with recommendations for the level of total compensation for the Council for the term of office. To review existing policies and practices and make comparisons with similar sized peer and neighbouring rural municipalities. A final reportand recommendations will be prepared and presented to Council for its consideration. Delegated Authority The Committee shall work within the scope of their responsibilities as set out in this Terms of Reference. The Committee does not have any delegated authority except to requestStaff to assist with administrative support includingthe gathering of information and resource materials to assist the Committee with its review. Scope of the Review The Committee shall: a)Review and make recommendations on the appropriate level of compensation for the Council of the Township of Malahide; b)Review and consider compensation, benefits and reimbursements expenditures for Members of Council (in accordance with the Municipal Act, 2001, as amended); and c)Review and examine support services for Members of Council. The Committee shall undertake the following: a)Review Council compensation in municipalities of similar size as Malahide within Southwestern Ontario for the purpose of a comparative measure; b)Consult with current Members of Council; and c)Such other investigative or analytical initiatives as may be required in order to submit their report and recommendations in a timely fashion. Membership Composition The membership of the Committee will be comprised as follows: A minimum of three (3) citizen members having expertise and experience in areas such as business, management, government or community organizations At least one (1) of which is a business representative from within the business community For the purposes of these Terms of Reference: member of Council that residesin Malahide; and Malahide. Each Committee meeting will also be attended by the Chief Administrative Officer/Clerk and/or Deputy Clerk. Appointment The Council shall appoint all Committee members by resolution and/or by-law. The Council will select members based on the following: Ability to commit time to attend meetings over a 3-6 month period Familiarity with local government and the roles and responsibilities of a Council Board or committee member experience and parliamentary procedure Ability to work in a team environment Ability to speak in public andcommunicate effectively Experience in business, management, government or community organizations. Term of Office The Committee shall be appointed until the submission of a finalreportand recommendations are submitted to the Council. Recognizing thatvacancies may arise, Council will request submissions from thepublic and will appoint citizens to fill such vacancies. Meeting Roles and Requirements The Committee is accountable to the Council. Members of the Committee will serve without remuneration other than reimbursement of expenses approved by the Chief Administrative Officer/Clerkor his/her designate incurred in the performance of Committee duties. The Committee will elect a Chair and Vice-Chair at its first meeting. Only members of the Committee may vote on any issue and each member will have one vote at the meetings. Majority decisions will prevail. Quorum/Meeting Prerequisites A quorum shall be a majority of the members of the Committee(50% plus 1 or round up to nearest whole number). The Chief Administrative Officer/Clerkand/or Deputy Clerk or his/her designate must be present at all meetings of the Committee for the meeting to take place. Meeting Schedule The Committee will meet with the specific dates and times for meetings which will be determined by the Committee at its first meeting. Additional meetings may be called by the Chairperson. The Chairperson can cancel any meeting. Meetings of the Committee shall not conflict with regular meetings of the Council. Committee members are expected to attend all regularly scheduled meetings. In the event that a member is unable to attend a meeting, the member must contact and advise the Chairperson in advance. A member shall not be absent for three (3) consecutive meetings without notice. For any anticipated lengthy absence (3 meetings or more), the member shall submit a request for leave of absence in order to preserve membershipstanding. to the Committee will be rescinded. Staff Resources Secretariat assistance to the Committee will be provided by the Chief Administrative Officer/Clerk or his or her designate. The committee agenda will be prepared by the Chief Administrative Officer/Clerkin consultation with the Chair and/or Vice Chair. The Chief Administrative Officer will designate any further staff support/resource. In the event a matter within the mandate of the Committee arises between meetings, the Staff will consult with the Chairperson and the matter will be placed on the agenda for the next meeting for ratification. Minutes and Agenda The minutes of each meeting will be amended when necessary and adopted at the following meeting. The Minutes or draft minutes will be providedto the Clerk to be circulated totheCouncil. The committee agenda will be distributed to the members in advance of the meeting, as well as provided to the Clerk to be posted on the municipal website. Amendments to the Terms of Reference The non-statutory provisions of this Terms of Reference may be eliminated or amended in any way by the Council at its full and final discretion. Amendments to the Terms of Reference may be proposed to the Council from time to time, by members of the Committee for their endorsement requiring a majority of the voting membership. The Clerk or designate is delegated the authority to make administrative changes to this Terms of Reference that may be required from time to time due to legislative changes or if, in the opinion of the Clerk, the amendments do not change the intent of the Terms of Reference. General Conduct - endorse each Committee Report/Minutes prior to its presentation to the Council. Ad hocCommi Procedural By-law and the Municipal Act. Code of Conduct A Member's conduct and behavior in terms of ethics and interpersonal conduct and communications are regulated by legislative acts. All Members are expected to be knowledgeable of the contents of the Code of Conduct and to adhere to the standards of conduct. Municipal Freedom of Information and Protection of Privacy Act Committee Members will act to protect the privacy of individuals with respect to personal information contained in application forms and information circulated to the Committee and to ensure that personal information is used solely for the purposes that it was collected. Conflict Of Interest A conflict of interest may arise for Committee members when their personal business interests clash with the duties and decisions of the Committee. Municipal conflict of interest requirements as defined by the Municipal Conflict of Interest Act will apply to the Committee. At every meeting held by the Committee, the Chair shall call for the disclosure of any pecuniary interests. Français Municipal Conflict of Interest Act R.S.O. 1990, CHAPTERM.50 Consolidation Period:From March 26, 2019 to the e-Laws currency date. Last amendment:2019, c. 1, Sched. 4, s. 35. Legislative History: 1994, c. 23, s. 2;1996, c. 32, s. 76;1997, c. 25, Sched. E, s. 7;1997, c. 31, s. 156;1999, c. 6, s. 41;2002, c. 17, Sched. F, Table;2005, c. 5, s. 45;2006, c. 19, Sched. C, s. 1 (1);2006, c. 32, Sched. C, s. 33;2006, c. 32, Sched. D, s. 10;2007, c. 7, Sched. 27; 2007, c. 8, s. 219;2009, c. 33, Sched. 21, s. 7;2016, c. 23, s. 58;2017, c. 10, Sched. 3;2018, c. 3, Sched. 5, s. 37(see: 2019, c. 1, Sched. 3, s. 5);2019, c. 1, Sched. 4, s. 35. CONTENTS 1.Definitions 1.1Principles 2.Indirect pecuniary interest 3.Interest of certain persons deemed that of member E XCEPTIONS 4.Where s. 5 does not apply D UTY OF M EMBER 5.When present at meeting at which matter considered 5.1Written statement re disclosure 5.2Influence R ECORD OF D ISCLOSURE 6.Disclosure to be recorded in minutes R EGISTRY 6.1Requirement to establish registry R EMEDY FOR L ACK OF Q UORUM 7.Quorum deemed constituted A CTION WHERE C ONTRAVENTION A LLEGED 8.Application 9.Power of judge 11.Appeal to Divisional Court 12.Proceedings not invalidated but voidable 13.Other proceedings prohibited G ENERAL 14.Insurance 15.Conflict with other Acts Definitions 1In this Act, ) indirectly, or exercises control or direction over, equity shares of the corporation carrying more than 10 per cent of the voting (a)in respect of a municipality, or a local board thereof, otherthan a school board, a person entitled to vote at a municipal election in the municipality, and (b) 1 jurisdiction and, where the matter under consideration affects only part of the area of jurisdiction, means a pecuniary interest in common with the electors within that part; authority, court of revision, land division committee, municipal service board, public library board, board of management of an improvement area, board of health, police services board, planning board, district social services administration board, trustees of a police village, boardof trustees of a police village, board or committee of management of a long-term care home, or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act in respect of any of the affairs or purposes, including school purposes, of one or more municipalities or parts thereof, but does not include a committee of management of a community recreation centre appointed by a school board or a local roads board; ( Note: On a day to be named by proclamation of the Lieutenant Governor,tActis amended by (See: 2019, c. 1, Sched. 4, s. 35) authority exercising any power in respect of municipal affairs or purposes, including school purposes, in territory without municipal organization, but does not include a committee of management of a community recreation centre appointed by a school board,a local roads board or a local services board; s a member of his or her family ) of the Education Act, and, where the context requires, includes an old board within the meaning of subsection 1 (1) of the Education Act -chair of the board of directors, the president, any vice-president, the secretary, the treasurer or the general manager of a corporation or any other person who performs functions for the corporation person to whom the person is married or with whom the person is living in a conjugal relationship outside M.50, s.1; 1997, c.25, Sched. E, s.7; 1997, c.31, s.156(1); 1999, c.6, s.41(1); 2002, c.17, Sched.F, Table; 2005, c.5, s.45(1, 2); 2006, c.19, Sched.C, s.1 (1); 2006, c.32, Sched.D, s.10; 2007, c.8, s.219; 2016, c.23, s.58. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 156 (1)-01/01/1998;1999, c. 6, s. 41 (1)-01/03/2000 2002, c. 17, Sched. F, Table-01/01/2003 2005, c. 5, s. 45 (1, 2)-13/06/2005 2006, c. 19, Sched. C, s. 1 (1)-22/06/2006;2006, c. 32, Sched. D, s. 10-01/01/2007 2007, c. 8, s. 219-01/07/2010 2016, c. 23, s. 58-01/01/2017 2018, c. 3, Sched. 5, s. 37-no effect -see 2019, c. 1, Sched. 3, s. 5-26/03/2019 2019, c. 1, Sched. 4, s. 35-not in force Principles 1.1The Province of Ontario endorses the following principles in relation to the duties of members of councils and oflocal boardsunder this Act: 1.The importance of integrity, independence and accountability in local government decision-making. 2.The importance of certainty in reconciling the public duties and pecuniary interests of members. 2 3.Members are expected to perform their duties of office with integrity and impartiality in a manner that will bear the closest scrutiny. 4.There is a benefit to municipalities and local boards when members have a broad range of knowledge and continue to be active in their own communities, whether in business, in the practice of a profession, in community associations, and otherwise. 2017, c. 10, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 3, s. 1-01/03/2019 Indirect pecuniary interest 2For the purposes of this Act, a member has an indirect pecuniary interest in any matter in which the council or local board, as the case may be, is concerned, if, (a)the member or his or her nominee, (i)is a shareholder in, or a director or senior officer of, a corporation that does not offer its securities to the public, (ii)has a controlling interest in or is a director or senior officer of, a corporation that offers its securities to the public, or (iii)is a member of a body, that has a pecuniary interest in the matter; or (b)the member is a partner of a person or is in the employment of a person or body that has a pecuniary interest in the matter. R.S.O. 1990, c.M.50, s.2. Interest of certain persons deemed that of member 3For the purposes of this Act, the pecuniary interest, direct or indirect, of a parent or the spouse or any child of the member shall, if known to the member, be deemed to be also the pecuniary interest of the member. R.S.O. 1990, c.M.50, s.3; 1999, c.6, s.41(2); 2005, c.5, s.45(3). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 41 (2)-01/03/2000 2005, c. 5, s. 45 (3)-13/06/2005 E XCEPTIONS Where ss. 5and 5.2do not apply 4Sections5and 5.2 donot apply to a pecuniary interest in any matter thata member may have, (a)as a user of any public utility service supplied to the member by the municipality or local board in like manner and subject to the like conditions as are applicable in the case of persons who are not members; (b)by reason of themember being entitled to receive on terms common to other persons any service or commodity or any subsidy, loan or other such benefit offered by the municipality or local board; (c)by reason of the member purchasing or owning a debenture of the municipality or local board; (d)by reason of the member having made a deposit with the municipality or local board, the whole or part of which is or may be returnable to the member in like manner as such a deposit is or may be returnable to all other electors; (e)by reason of having an interest in any property affected by a work under the Drainage Act or by a work under a regulation made under Part XII of the Municipal Act,2001or Part IX of the City of Toronto Act, 2006, as the case may be, relating to local improvements; (f)by reason of having an interest in farm lands that are exempted from taxation for certain expenditures under the Assessment Act; (g)by reason of the member being eligible for election or appointment to fill a vacancy, office or position in the council or local board when the council or local board is empowered or required by any general or special Act to fill such vacancy, office or position; 3 (h)by reason only of the member being a director or senior officer of a corporation incorporated for the purpose of carrying on business for and on behalf of the municipality or local board or by reason only of the member being a member of a board, commission, or other body as an appointee of a council or local board; (i)in respect of an allowance for attendance at meetings, or any other allowance, honorarium, remuneration, salary or benefit to which the member may be entitled by reason of being a member or as a member of a volunteer fire brigade, as the case may be; (j)by reason of the member having a pecuniary interest which is an interest in common with electors generally; or (k)by reason only of an interest of the member which is so remote or insignificant in its nature that it cannot reasonably be regarded as likely to influence the member. R.S.O. 1990, c.M.50, s.4; 2002, c.17, Sched.F, Table; 2006, c.32, Sched.C, s.33(1); 2017, c. 10, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table-01/01/2003 2006, c. 32, Sched. C, s. 33 (1)-01/01/2007 2017, c. 10, Sched. 3, s. 2-01/03/2019 D UTY OF M EMBER When present at meeting at which matter considered 5(1)Where a member, either on his or her own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present ata meeting of the council or local board at which the matter is the subject of consideration, the member, (a)shall, prior to any consideration of the matter at the meeting, disclose the interest and the general nature thereof; (b)shall not take part inthe discussion of, or vote on any question in respect of the matter; and (c)shall not attempt in any way whether before, during or after the meeting to influence the voting on any such question. R.S.O. 1990, c.M.50, s.5 (1). Where member to leave closed meeting (2)Where the meeting referred to in subsection (1) is not open to the public, in addition to complying with the requirements of that subsection, the member shall forthwith leave the meeting or the part of the meeting during which the matter is under consideration. R.S.O. 1990, c.M.50, s.5 (2). Exception, consideration of penalty (2.1)The following rules apply if the matter under consideration at a meeting or a part of a meeting is to consider whether to suspend the remuneration paid to the member under subsection 223.4 (5) or (6) of the Municipal Act, 2001or under subsection 160 (5) or (6) of the City of Toronto Act, 2006: 1.Despite clauses (1) (b) and (c), the member may take part in the discussion of the matter, including making submissions to council or the local board, as the case may be, and may attempt to influence the voting on any question in respect of the matter, whether before, during or after the meeting. However, the member is not permitted to vote on any question in respect of the matter. 2.Despite subsection (2), in the case of a meeting that is not open to the public, the member may attend the meeting or part of the meeting during which the matter is under consideration. 2017, c. 10, Sched. 3, s. 3. When absent from meeting at which matter considered (3) from the meeting referred to therein, the member shall disclose the interest and otherwise comply with subsection (1) at the first meeting of the council or local board, as the case may be, attended by the member after the meeting referred to in subsection (1). R.S.O. 1990, c.M.50, s.5 (3). Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 3, s. 3-01/03/2019 4 Written statement re disclosure 5.1At a meeting at which a member discloses an interest under section 5, or as soon as possible afterwards, the member shall file a written statement of the interest and its general nature with the clerk of the municipality or the secretary of the committee or local board, as the case may be.2017, c. 10, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 3, s. 4-01/03/2019 Influence 5.2 (1)Where a member, either on his or her own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, inany matter that is being considered by an officer or employee of the municipality or local board, or by a person or body to which the municipality or local board has delegated a power or duty, the member shall not use his or her office in any wayto attempt to influence any decision or recommendation that results from consideration of the matter. 2017, c. 10, Sched. 3, s. 4. Exception (2)However, if a municipality delegates a power to suspend the remuneration paid to a member under subsection 223.4 (5) of the Municipal Act, 2001or subsection 160 (5) of the City of Toronto Act, 2006to a person or body, and the person or body is considering exercising that power with respect to a member, subsection (1) of this section does not prevent the member from attempting to influence any decision or recommendation of the person or body that results from consideration of the matter.2017, c. 10, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 3, s. 4-01/03/2019 R ECORD OF D ISCLOSURE Disclosure to be recorded in minutes 6(1)Every declaration of interest and the general nature thereof made under section 5 shall, where the meeting is open to the public, be recorded in the minutes of the meeting by the clerk of the municipality or secretary of the committee or local board, as the case may be. R.S.O. 1990, c.M.50, s.6 (1). Idem (2)Every declaration of interest made under section 5, but not the general nature of that interest, shall, where the meeting is not open to the public, be recorded in the minutes of the next meeting that is open to the public. R.S.O. 1990, c.M.50, s.6 (2). R EGISTRY Requirement to establish registry 6.1 (1)Every municipality and local board shall establish and maintain a registry in which shall be kept, (a)a copy of each statement filed under section 5.1; and (b)a copy of each declaration recorded under section 6. 2017, c. 10, Sched. 3, s. 5. Access to registry (2)The registry shall be available for public inspection in the manner and during the time that the municipality or local board, as the case may be, may determine. 2017, c. 10, Sched. 3, s. 5. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 3, s. 5-01/03/2019 R EMEDY FOR L ACK OF Q UORUM Quorum deemed constituted 7(1)Where the number of members who, by reason of the provisions of this Act, are disabled from participating in a meeting is such that at that meeting the remaining members are not of sufficient number to constitute a quorum, then, despite any other general or special Act, the remaining number of members shall be deemed to constitute a quorum, provided such number is not less than two. R.S.O. 1990, c.M.50, s.7 (1). 5 Application to judge (2)Where in the circumstances mentioned in subsection (1), the remaining number of members who are not disabled from participating in the meeting is less than two, the council or local board may apply to a judge without notice for an order authorizing the council or local board, as the case may be, to give consideration to, discuss and vote on the matter out of which the interest arises. R.S.O. 1990, c.M.50, s.7 (2). Power of judgeto declare s. 5, 5.1 or 5.2not to apply (3)The judge may, on an application brought under subsection (2), by order, declare that section 5, 5.1 or 5.2does not apply to the council or local board, as the case may be, in respect of the matter in relation to which the application is brought, and the council or local board thereupon may give consideration to, discuss and vote on the matter in the same manner as though none of the members had any interest therein, subject only to such conditions and directions as the judge may consider appropriate and so order. R.S.O. 1990, c.M.50, s.7 (3); 2017, c. 10, Sched. 3, s. 6. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 3,s. 6-01/03/2019 A CTION WHERE C ONTRAVENTION A LLEGED Application 8(1)An elector, an Integrity Commissioner of a municipality or a person demonstrably acting in the public interest may apply to a judge for a determination of the question of whether, (a)a member has contravened section 5, 5.1 or 5.2; or (b)a former member contravened section 5, 5.1 or 5.2 while he or she was a member.2017, c. 10, Sched. 3, s. 7. Six-week period (2)An application may only be made within six weeks after the applicant became aware of the alleged contravention.2017, c. 10, Sched. 3, s. 7. Exception (3)Despite subsection (2), an application may be made more than six weeks after the applicant became aware of the alleged contravention if all of the following conditionsare satisfied: 1.The applicant applied to an Integrity Commissioner for an inquiry under section 223.4.1 of the Municipal Act, 2001 or under section 160.1 of the City of Toronto Act, 2006 in accordance with those sections. 2.The Integrity Commissionerconducted an inquiry under section 223.4.1 of theMunicipal Act, 2001or under section 160.1 of theCity of Toronto Act, 2006and the Commissioner, i.has advised the applicant under subsection 223.4.1 (16) of theMunicipal Act, 2001or under subsection 160.1 (16) of theCity of Toronto Act, 2006that the Commissioner will not be making an application to a judge, ii.has not completed the inquiry within the time limit set out in subsection 223.4.1 (14) of theMunicipal Act, 2001 or subsection 160.1 (14)of theCity of Toronto Act, 2006, or iii.has terminated the inquiry under subsection 223.4.1 (12)of the Municipal Act, 2001or subsection 160.1 (12) of the City of Toronto Act, 2006. 3.The application under this section includes a copy of the applicanmade under subsection 223.4.1 (6) of the Municipal Act, 2001or under subsection 160.1 (6) of the City of Toronto Act, 2006. 4.The application under this section is made within six weeks after the earlier of the following, i.the day the Commissioner advised the applicant under subsection 223.4.1 (16) of theMunicipal Act, 2001or under subsection 160.1 (16) of theCity of Toronto Act, 2006that the Commissioner will not be making an application to a judge, ii.the last day on which the Commissioner is required under subsection 223.4.1 (14) of theMunicipal Act, 2001or subsection 160.1 (14) of theCity of Toronto Act, 2006to complete the inquiry referred to inparagraph 2 of this subsection, and iii.the day the inquirywas terminated under subsection 223.4.1 (12)of the Municipal Act, 2001or subsection 160.1 (12) of the City of Toronto Act, 2006.2017, c. 10, Sched. 3, s. 7. 6 Same, application by Integrity Commissioner (4)Despite subsection (2), an application may be made more than six weeks after the applicant became aware of the alleged contravention if the applicant is an Integrity Commissioner and if the application relates to an inquiry conducted by the Commissioner under section 223.4.1 of the Municipal Act, 2001or under section 160.1of the City of Toronto Act, 2006. 2017, c. 10, Sched. 3, s. 7. No application by Integrity Commissioner during regular election (5)No application shall be made by an Integrity Commissionerof a municipalityduring the period of time starting on nomination day for a regular election, as set out in section 31 of the Municipal Elections Act, 1996, and ending on voting day in a regular election, as set out in section 5 of that Act.2017, c. 10, Sched. 3, s. 7. Limitation (6)Despite subsections (2), (3) and (4), no application shall be made after the sixth anniversary of the alleged contravention. 2017, c. 10, Sched. 3, s. 7. Contents of notice of application (7)The notice of application shall state the grounds for finding that the member or former member contravened section 5, 5.1 or 5.2.2017, c. 10, Sched. 3, s. 7. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 3, s. 7-01/03/2019 Power of judge 9(1)If the judge determines that the member or former member contravened section 5, 5.1 or 5.2, the judge may do any or all of the following: 1.Reprimand the member or former member. 2.Suspend the remuneration paid to the member for a period of up to 90 days. 3. 4.Disqualify the member or former member from being a member during a period of not more than seven years after the date of the order. 5.If the contravention has resulted in personal financial gain, require the member or former member to make restitution to the municipality or local board, as the case may be.2017, c. 10, Sched. 3, s. 7. Same (2)In exercising his orher discretion under subsection (1) the judge may consider, among other matters, whether the member or former member, (a)took reasonable measures to prevent the contravention; (b)disclosed the pecuniary interest and all relevant facts known to him or her to an Integrity Commissioner in a request for advice from the Commissioner under the Municipal Act, 2001or the City of Toronto Act, 2006and acted in accordance with the advice, if any, provided to the member by the Commissioner; or (c)committed thecontravention through inadvertence or by reason of an error in judgment made in good faith.2017, c. 10, Sched. 3, s. 7. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 3, s. 7-01/03/2019 10 REPEALED:2017, c. 10, Sched. 3, s. 7. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 156 (2)-01/01/1998 2017, c. 10, Sched. 3, s. 7-01/03/2019 7 Appeal to Divisional Court 11(1)An appeal lies fromany order made under section 9to the Divisional Court in accordance with the rules of court. R.S.O. 1990, c.M.50, s.11 (1); 2017, c. 10, Sched. 3, s. 8. Judgment or new trial (2)The Divisional Court may give any judgment that ought to have been pronounced, in which case its decision is final, or the Divisional Court may grant a new trial for the purpose of taking evidence or additional evidence and may remit the case to the trial judge or another judge and, subject to any directions of the Divisional Court, the case shall be proceeded with as if there had been no appeal. R.S.O. 1990, c.M.50, s.11 (2). Appeal from order or new trial (3)Where the case is remitted to a judge under subsection(2), an appeal lies from the order of the judge to the Divisional Court in accordance with the provisions of this section. R.S.O. 1990, c.M.50, s.11 (3). Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 3, s. 8-01/03/2019 Proceedings not invalidated but voidable 12(1)failure to comply with section 5, 5.1 or 5.2does not invalidate any proceedings in respect of a matter referred to in those sections, but those proceedings are voidablein the circumstances described in subsection (2). 2017, c. 10, Sched. 3, s. 9. Declaring proceedings void (2)Subject to subsection (3), if a member has failed to comply with section 5, 5.1 or 5.2 in respect of a matter referred to in those sections, the municipality or local board, as the case may be, may declare the proceedings to be voidbefore the second anniversary of the date of the passing of the by-law or resolution authorizing the matter. 2017, c. 10, Sched. 3, s.9. Exception (3)Subsection (2) does not apply if declaring the proceedingsto be voidwould adversely affect the rights that any person who acted in good faith and without actual notice of the failure to comply with section 5, 5.1or 5.2acquired under or by virtue of the proceedings.2017, c. 10, Sched. 3, s. 9. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 3, s. 9-01/03/2019 Other proceedings prohibited 13(1) in subsection 9 (1) shall be brought only under this Act. 2017, c. 10, Sched. 3, s. 9. Same (2)Subsection (1) does not affect the power of a municipality or a local board to reprimand a member or suspend a Municipal Act, 2001or under subsection 160 (5) or (6) of the City of Toronto Act, 2006. 2017, c. 10, Sched. 3, s. 9. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 3, s. 9-01/03/2019 G ENERAL Insurance 14(1)Despite section 279 of the Municipal Act, 2001or section 218 of the City of Toronto Act, 2006, as the case may be, the council of every municipality may at any time pass by-laws, (a)for contracting for insurance; (b)despite the Insurance Act, to enable the municipality to act as an insurer; and (c)for exchanging with other municipalities in Ontario reciprocal contracts of indemnity or inter-insurance in accordance with Part XIII of the Insurance Act, to protect a member of the council or of any local board thereof who has been found not to have contravened section 5,5.1 or 5.2against any costs or expenses incurred by the member as a result of a proceeding brought under this Act, and for paying 8 on behalf of or reimbursing the member for any such costs or expenses. R.S.O. 1990, c.M.50, s.14(1); 2002, c.17, Sched.F, Table;2006, c.32, Sched.C, s.33(2); 2017, c. 10, Sched. 3, s. 10 (1). Insurance Actdoes not apply (2)The Insurance Actdoes not apply to a municipality acting as an insurer for the purposes of subsection (1). R.S.O. 1990, c.M.50, s.14(2). Surplus funds (3)Despite section 387 of theInsurance Act, any surplus funds and the reserve fund of a municipal reciprocal exchange may be invested only in accordance with subsection 279 (2) of the Municipal Act, 2001or subsection 218 (3) of theCity of Toronto Act, 2006, as the case may be.2017, c. 10, Sched. 3, s. 10 (2). Reserve funds (4)The money raised for a reserve fund of a municipal reciprocal exchange may be expended or pledged for, or applied to, a purpose other than that for which the fund was established if two-thirds of the municipalities that are members of the exchange together with two-thirds of the municipalities that previously were members of the exchange and that may be subject to claims arising while they were members of the exchange agree in writing and if section 386 of theInsurance Act is complied with. R.S.O. 1990, c.M.50, s.14 (4); 2009, c.33, Sched.21, s.7. Local boards (5)A local board has the same powers to provide insurance for or to make payments to or on behalf of its members as are conferred upon the council of a municipality under this section in respect of its members. R.S.O. 1990, c.M.50, s.14 (5). Former members (6)A by-law passed under this section may provide that it applies to a person who was a member at the time the circumstances giving rise to the proceeding occurred but who, prior to the judgment in the proceeding, has ceased to be a member. R.S.O. 1990, c.M.50, s.14 (6). Section Amendments with date in force (d/m/y) 1996, c. 32, s. 76 (1)-06/03/1997 2002, c. 17, Sched. F, Table-01/01/2003 2006, c. 32, Sched. C, s. 33 (2, 3)-01/01/2007 2007, c. 7, Sched. 27, s. 1-05/05/2008 2009, c. 33, Sched. 21, s. 7-15/12/2009 2017, c. 10, Sched. 3, s. 10 (1)-01/03/2019; 2017, c. 10, Sched. 3, s. 10 (2)-01/03/2018 Conflict with other Acts 15In the event of conflict between any provision of this Act and any provision of any general or special Act, the provision of this Act prevails. R.S.O. 1990, c.M.50, s.15. ______________ Français Backto top 9 CONFIRMATION OF UNDERSTANDING OF TOWNSHIP OF MALAHIDE CONFIDENTIALITY POLICY In the course of service on a Committee with the Township of Malahide, Membersmay receive confidential or sensitive information about the Township of Malahide, its Council, Staff,and Ratepayers. It is critical that Committee Memberskeep this information in the strictest confidence. Accordingly, Committee Membersmay not: a)Disclose at any time, during or after their engagement with the Township of Malahide, confidentialinformation about the Township of Malahide, its Council, Staff,and Ratepayers, to any unauthorized person not employed by the Township of Malahide; or b)Make improper use, directly or indirectly, of such confidential information. If in doubt, seek clarification. Committee Members may not keep, copy,or use any confidential information or property that belongs to the Township. I understand all of the terms of this policy, and agree to abide by them. ________________________________________________________ SignatureDate ______________________________ (printed) MunicipalityCouncil Council Council Committee Mileage Per Diem Rate Action taken Remuneration Remuneration Remuneration Pay (if any) Reimbursement(meetings/regarding loss Base Pay -Base Pay – Base Pay – outside base per kmconferences)of 1/3 tax free MAYORDEUPTY MAYORCOUNCILLORpay rateallowance Lucan Biddulph $17,297.50$13,736.25$12,718.75$100.00.45$150.00pending Twp.Per ½ daycompensation review analysis from Marianne Love Consulting Services Mun. of $31,469.04$24,851.26$21,543.02$0.00.58$0.00$5,000 annual Middlesex salary increase Centre Mun. of North $23,068.00$11,504.43$10,161.17$0.45$85.11 To be reviewed MiddlesexPer ½ Dayafter budget $170.22 Per Full day Mun. of $16,980.94$9,433.86$5,660.34$113.21/mtg$0.55/km$238.29Earlier this year, Southwest council Middlesexapproved a 1/3 increase in compensation to these amounts. Adelaide-20,000.0012,000.0010,000.00150.00150.00 per full To be reviewed Metcalfedaywith budget Strathroy-$44,694.33$22,965.23$17,921.12n/a$0.48n/aAdjusted Rates Caradocto provide same net pay Mun. of Thames $24,681.63$18,156.48$15,036.16PSB -$150.00 .55$150.00Previouscouncil Centre per mtgPer ½ dayset rates from 2018 – 2022 Indexed by CPIincrease by same amount as non-unionized employees (1.5% in 2019) Mun. of Grey $16,546.80$11268.36$8288.40$179.48 full $.0455 may $179.48 full approved an Highlandsdaychange as new dayincrease in $96.15 ½ dayemployee $96.15 ½ daycompensation to handbook is compensate for recommending the 1/3 CRA rate.additional tax Malahide Twp.$20,697.96$15,924.12$11,150.52$0.45$165.00No action taken/ adjustments were made to base salary Bayham Twp.$19,463.08$14,595.62$11,352.90.45Gross up 22% to provide the same after tax amount. Mun. of South $31,389.48$22,730.70$18,408n/a$0.58Meal Remuneration Bruce Peninsulaallowance onlywas increased by approximately 30% Tay Twp.$30,178$21,483$16,572.58 updated $87.01/dayAdjusted Rates annually to CRA to provide same ratesnet pay. Mun. of South 17,55011,736 –include 3 11,736 –include More than 3 .58/km<4 hrs -$82 Added 8.7% to Bruce Includes 3 meetings per month3 meetings per meetings/mo >4hrs-$153honorarium meetings/momonthadd 82 < 4 hrs or $153 > 4hrs MunicipalityCouncil Council Council Committee Mileage Per Diem Rate Action taken Remuneration Remuneration Remuneration Pay (if any) Reimbursement(meetings/regarding loss Base Pay -Base Pay – Base Pay – outside base per kmconferences)of 1/3 tax free MAYORDEUPTY MAYORCOUNCILLORpay rateallowance Mun. of West 18,829.9110,633.368,861.13$88.62 for $0.465/km Same as No change but Greymeeting 4 adjusted each Committee may be hours or lessquarter based on Meeting ratesreviewed this a scale using year with the $160.62 for average Southern new Council meeting over 4 Ontario Gasoline hours rates in the previous quarter Twp. Ashfield-10,682.007,531.006,902.00134.88.50154.88No change made Colborne-+134.88 for+134.88 for each +134.88 for each Wawanosheach meetingmeetingmeeting Town of Aylmer$17,600$13,200$10,300n/aSet rate of n/aAdjustment to $0.45/kmbase salary Twp. Blandford-22,011.8514,750.5214,750.52n/aCurrent CRA n/aNo change Blenheimrates Twp. North $10,814.27$8,646.00$7,398.78$65.01 –0.45/kmSame as Council Huronmeetings two Committee increased base hours or lessMeeting ratespay to reflect loss of 1/3 tax $108.35 – free allowance meetings two – four hours $130.02 – meetings over four hours Town of $8,617.44$6,463.06$4,308.71Mayor-$0.58 updated Same as Adjusted Rates Plympton-$198.43/mtgannually to CRA Committee to provide same WyomingratesMeeting rates net pay Deputy Mayor- $180.06/mtg Councillor- $161.68/mtg MEMBERS OF COUNCIL - ATTENDANCE AT CONVENTIONS, SEMINARS AND WORKSHOPS Purpose: To establish guidelines for Members of Council regarding travel and attendance at conventions, including seminars and workshops. Policy: 1.Travel Expenses -Council The following amounts will be provided to Members of Council traveling on municipal business: (a)Members of Council to receive a per day per diem rate when traveling on municipal business. No other meeting allowances would apply. (b)Members of Council to submit receipts for accommodation and out-of- pocket expenses while traveling on municipal business. The Townshipwill not pay for any costs associated with spouses attending municipal business functions or traveling to and from such functions. 2.Attendance at Conventions Members of Council may attend a maximum of two conventions per year as delegates of the Township, subject to approval by the Council in the form of a resolution. It is anticipated that it is unlikely that a convention would be attended outside of the Province by a Member of Council and that such attendance would require prior approval by the Council. 3.Allowance for Attending Conventions For conventions, Members of Council would be allowed the following: -registration fee; -actual accommodation -meal allowance of $60.00 per day; and -actual travel expense. Attendance at Conventions, Seminars and Workshops Member of Council Page 2 The maximum paid per Member of Council shall be $3,000 per year in convention expenses, exclusive of registration expenses. Members of Council will be required to submit receipts for accommodation and out-of-pocket expenses (ie. parking, etc.) while attending conferences/ conventions. The Townshipwill not pay for any costs associated with spouses attending conference functions or traveling to and from such functions. 4.Per Diem The per diem rate of $165.00 per day(2010)is hereby set for those Members of Council attending conferences/conventions as delegates of the Township.No other meeting allowances would apply. 5.Registration Attendance at conventions by Members of Council must be approved by the Council in the form of a resolution. Registrations at conventions will be paid by the Townshipfor those Members of Council authorized to attend the said function. Registration for spouses will not be compensated by the Township. 6.Travel Costs The Townshipwill be responsible for travel taken by Members of Council on municipal business to and from destinations. The Townshipwill pay for an economy airfare or its equivalent to Members of Council for attending a convention outside of a 300 km radius of the Township. 7.Mileage Payment for Private Vehicles Used Mileage will be paid by the Townshipwhile on municipal business if a person's private vehicle is being used, at the approved municipal mileage rate. The use of a second private vehicle is discouraged as all persons are encouraged to travel together in one vehicle unless unavoidable circumstances prevent it. Attendance at Conventions, Seminars and Workshops Member of Council Page 3 8.Vehicle Rental The Townshipwill pay the total rental costs of such vehicles if required as long as the rental cost does not exceed that of the kilometre rate of a private vehicle andonly where circumstances require such rental and no private vehicle is available for use. Receipts will be presented with travel expenses, and if costs exceed the per kilometre rate, then any excess will not be able to be claimed unless otherwise approved by the Council. 9.Taxi Expenses The Townshipwill pay taxi expenses with receipts when personal or municipal vehicles are not being used and mainly where taxi connections to destinations have to be made. Taxi expenses will not be paid by the Townshipfor any other purpose than the particular business for which the trip is made. 10.Purchase of Resource Materials The purchase of resource materials should not be included on travel expense sheet claims. Such expenditure shall be presented to the Council for approval prior to the purchase and a separate cheque shall be issued for payment of the expense. 11.Attending a Convention Outside of the Province The Townshipwill payfor aneconomy airfare or its equivalent to Members of Council for attending a convention outside of the province, subject to prior approval by the Council. 12.Members of Council Who Are Members of Boards of Directors of Associations The maximum related attendance of Members of Council who are members of Boards of Associations at such Association conventions shall be $4,000, on the condition that the nomination to the Board was supported by a resolution of the Council. 13.Seminars -Day Sessions For seminars and one-day sessions requiring no overnight accommodation, the following shall apply: (a)Attendance -Subject to approval by the Council. Attendance at Conventions, Seminars and Workshops Member of Council Page 4 (b)Allowance -All Members of Council attending seminars and one-day sessions under the provisions of this policy are allowed: -registration fee; -actual meal expense(not to exceed $60.00 per day); and -actual travel expense. 14.Travel Policies Travel policies as approved by this manual will be reviewed by the Council on an annual basis, prior to March 31st in any given year.