Municipal Election Compliance Audit Committee By-law - E.-186-81

A by-law to establish the 2018 Municipal Election Compliance Audit Committee in accordance with Section 88.37 of the Municipal Elections Act, 1996, as amended.

WHEREAS subsection 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipal power shall be exercised by by-law;

AND WHEREAS section 9 of the Municipal Act, 2001, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act;

AND WHEREAS subsection 10(1) of the Municipal Act, 2001, as amended, provides that a municipality may provide any service or thing that the municipality considers necessary or desirable for the public;

AND WHEREAS section 88.37 of the Municipal Elections Act, 1996, as amended, requires council to establish a compliance audit committee;

AND WHEREAS this by-law and the Terms of Reference attached hereto as “Schedule 1” comply with Section 270 of the Municipal Act, 2001, as amended, and Council Policy By-law No. A.-6151-17, with respect to the manner in which the municipality will try to ensure that it is accountable to the public for its actions and the manner in which the municipality will try to ensure that its actions are transparent to the public;

NOW THEREFORE the Municipal Council of The Corporation of the City of London enacts as follows:

1. The attached Terms of Reference (“Schedule 1”) to establish the 2018 Municipal Election Compliance Audit Committee be adopted.

2. This by-law shall come into force and effect on the day it is passed.

PASSED in Open Council on March 6, 2018.

Matt Brown

Mayor

Catharine Saunders

City Clerk

First Reading – March 6, 2018

Second Reading – March 6, 2018

Schedule 1

TERMS OF REFERENCE

2018 MUNICIPAL ELECTION COMPLIANCE AUDIT COMMITTEE

Name

The name of the Committee is the “2018 Municipal Election Compliance Audit Committee”.

Term of the Committee

The term of the Committee shall be from December 1, 2018 to November 15, 2022.

Meetings

The Committee will meet as needed, with meetings to be scheduled by the City Clerk or their designate when a compliance audit application is received.

Mandate

The Committee is required to act in accordance with the powers and obligations set out in the Municipal Elections Act, 1996, as amended (MEA). The Committee will be required to:

• consider a compliance audit application received from an elector that a candidate or a registered third party has contravened provisions of the MEA relating to election campaign finances and determine whether it should be granted or rejected;
• if the application is granted, the committee shall appoint an auditor to conduct a compliance audit;
• receive the auditor’s report;
• consider the auditor’s report and if the report concludes that the candidate or registered third party appear to have contravened a provision of the MEA relating to election campaign finances, the committee may commence legal proceedings against the candidate or third party for the apparent contravention; and,
• consider the report(s) of the clerk identifying each contributor to a candidate for office on a council or a registered third party who appears to have contravened any of the contribution limits under section 88.9 or 88.13 of the MEA and decide whether to commence a legal proceeding against a contributor for an apparent contravention.

Composition

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 profession with experience in municipal law, municipal election law or administrative law;

d) professionals who in the course of their duties are required to adhere to codes or standards of their profession which may be enforced by disciplinary tribunals; and,

e) other individuals with knowledge of the campaign financing rules of the Municipal Elections Act, 1996, as amended.

Members of Council, employees or officers of the municipality or local board, any persons who are registered third parties in the municipality in the election for which the committee is established or any persons who are candidates in the election for which the Committee is established are not eligible to be appointed to the Committee, pursuant to clause 88.37(2) of the Municipal Elections Act, 1996, as amended. Further, an individual shall be deemed ineligible to be a member of the Committee if they prepare the financial statements of any candidate running for office on Municipal Council during the term for which the Committee has been established.

Appointment Process

All applicants will be required to submit a summary outlining their qualifications and experience. A Nomination Committee consisting of the Managing Director, Corporate Services and Chief Financial Officer/City Treasurer, the City Clerk and the Deputy City Clerk will submit a short list of candidates to Council through the Corporate Services Committee. Any vacancies which arise after December 1, 2018 shall be nominated by the Nomination Committee to Council, through the Corporate Services Committee. Members will be selected on the basis of the following:

a) demonstrated knowledge and understanding of municipal election campaign financing rules and knowledge of the MEA and related regulations;

b) proven analytical and decision-making skills;

c) experience working on a committee, administrative tribunal, task force or similar setting;

d) availability and willingness to attend meetings; and,

e) excellent oral and written communication skills;

Members will be appointed by Municipal Council.

Compensation

Members shall receive an honorarium of $100.00 per meeting, to be funded from the Election Reserve. Administrative costs for such items as printing and mailing will be absorbed within the City Clerk’s Operating Budget.

Staff Support

The City Clerk shall establish administrative practices and procedures for the Committee and shall carry out any other duties required under this Act to implement the Committee’s decisions.

Funding

Costs related to the retention of an auditor will be funded from the Election Reserve. Costs incurred as a result of a decision of the Committee being challenged to the Superior Court of Justice shall be funded from the Election Reserve.