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HomeMy WebLinkAboutBy-law No. 2008-117 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2008-117 BEING A BY-LAW TO REAPPOINT JGM CONSULTING AS THE INVESTIGATOR PURSUANT TO SECTIONS 8,9,10 AND 239.1 OF THE MUNICIPAL ACT,2001,S.O.2001,C.25,AS AMENDED,AND TO AMEND WHEREAS effective January 1, 2008, pursuant to Section 239.1 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, permits a person to request an investigation of whether a municipality or local board has complied with section 239 of the Municipal Act, 2001, as amended, or a procedural by-law under subsection 238(2) in respect of a meeting or part of a meeting that was closed to the public; AND WHEREAS the Council of Municipality of Bayham did by By-law No. 2007-093 appoint JGM Consulting as the Investigator to investigate all requests on behalf of the Municipality and its local boards for a one year term commencing January 1, 2008; AND WHEREAS Council deems it desirable to reappoint JGM Consulting as the Investigator to investigate all requests on behalf of the Municipality and its Local Boards for a further one year term commencing January 1, 2009; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. That JGM Consulting is hereby reappointed as the independent Investigator to investigate in accordance with the legislation all requests for an investigation of he Council and its committees and the local boards of the Municipality and their committees for an additional one year term commencing January 1,2009. 2. That Section 3 a) and b) as contained in the agreement between the Municipality and JGM Consulting for investigative services, as attached to By-law No. 2007-093, be and same are hereby deleted and replaced with the following: Fees a) Annual Retainer — The Corporation of the County of Elgin has agreed to pay to the Independent Contractor the sum of THREE HUNDRED DOLLARS ($300.00) for each Included Municipality in the County of Elgin for the year 2009 on or before the commencement date of this agreement plus applicable taxes. b) Hourly Rate - In addition, the Independent Contractor shall be paid a fee of ONE HUDRED DOLLARS ($100.00) per hour plus applicable taxes during such time the Independent Contractor is performing his duties hereunder. The Independent Contractor agrees such rate shall be charged only for such time that the Independent Contractor is actively investigating a Complaint and preparing and presenting his report with respect thereto. The Independent Contractor would be entitled to be reimbursed other reasonable receipted expenses related to his duties, including food and hotel costs, car rental, kilometre rate at the respective municipal rate or railway tickets. 3. That all other terms and provisions of By-law No. 2007-093 as amended by By-law No. 2007- 117 and in the subject agreement with JGM Consulting shall remain. 4. That this By-law shall come into force and take effect immediately upon the final passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 4TH DAY OF DECEMBER 2008. /"D /fAK 0 MAYiR L 01