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By-law No. 2010-058 BYLAW# 2010-058 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Being a By-law to establish the Elgin Municipal Election Joint Compliance Audit Committee in accordance with Sections 81 and 81.1 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 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 provides that a municipality may provide any service or ting that the municipality considers necessary or desirable for the public; AND WHEREAS section 81.1(1)of the Municipal Elections Act, 2006, as amended requires Council to establish a Compliance Audit Committee; AND WHEREAS this By-law and the Terms of Reference attached hereto comply with the Section 270 of the Municipal Act, 2001 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 Council of the Municipality of Bayham enacts as follows: 1. The attached Terms of Reference (Schedule A)to establish a Compliance Audit Committee be adopted. 2. This by-law shall come into and take effect as of the date of its final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17TH DAY OF JUNE 2010 I A / A M' • " CLERK Schedule "A"to By-law 2010-058 TERMS OF REFERENCE ELGIN MUNICIPAL ELECTION COMPLIANCE AUDIT COMMITTEE 1. Name of Committee The name of the Committee is the "Elgin Municipal Election Joint Compliance Audit Committee". 2. Term of the Committee The Committee must be established before voting day and will complete its work after dealing with all compliance audit applications received from the 2010 general municipal election. 3. Mandate The powers and functions of the Committee are set out in subsection 81 of the Municipal Elections Act, 1996, as amended (MEA). The Committee will be required to: (a) review and 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; (c) receive the auditor's report; (d) consider the auditor's report and if the report concludes that the candidate appears to have contravened a provision of the MEA relating to election campaign finances, the committee may commence legal proceedings against the candidate for the apparent contravention; and (e) if the report indicates that there was no apparent contravention and the committee finds that there were no reasonable grounds for the application, the council is entitled to recover the auditor's costs from the applicant. 4. Composition The Committee will be composed of at least three (3) and no more than seven (7) members of the public. Members must possess an in-depth knowledge of the campaign financing rules of the MEA and therefore membership will be 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 MEA. It is noted that: • Members of Council, employees or officers of the municipalities 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 81.1(2)of the MEA. • 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. ▪ To avoid possible conflicts of interest, an 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. 5. Membership Selection All applicants are required to complete an application outlining their qualifications and experience. The Nominating Committee consisting of the Clerks from each of the municipalities will meet to review the applications, and prepare a proposed Joint Committee membership list for consideration by the municipal Councils. 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 a committee, administrative tribunal, task force or similar setting; (d) availability and willingness to attending meetings; and (e) excellent oral and written communication skills. 6. Meetings The Committee will meet as needed, with meetings to be scheduled by the Clerk of the municipality where a compliance audit application is received, in accordance with the MEA requirements. The Clerk of the host municipality shall ensure and verify the validity of the meeting. The Clerk will contact all members to ensure a quorum of members are able to attend the said meeting. 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 the purpose authorized under Section 239 of the Municipal Act, 2001. Meetings will be held at the location determined by the Clerk of the host municipality. 7. Remuneration Members of the Committee shall be paid an honorarium of$100 per meeting, plus mileage at the current mileage rate established by the host municipality. The Council of the host municipality shall pay all costs relative to the respective application. 8. Staff Support The Clerk or designate of the host municipality shall act as the Secretary to the Committee and provide support where required. 9. Application Filing Fee A non-refundable application filing fee shall be $25 and shall be payable upon submission of an application. APPLICATION FORM Elgin Election Joint Compliance Audit Committee Please attach this application form to the front of your resume or brief bio(Please do not include a cover letter). PLEASE PRINT: Name: (last name) (first name or name known by) Address: 911 Street Address Apartment/Unit# PO Box Rural Route City/Town Postal Code Telephone: Home Cell Work Email address: Instructions for completing this Career Profile and preparing your resume: Please answer'yes'or'no'to each question;please do not select both yes and no,or leave both blank. • Your resume or brief bio should be based on your skills,experience and qualifications compared to those listed in the terms of reference for the committee. • You should include detailed information in your resume or brief bio for the questions where you answered'yes' • Include your current and past employer's names,and under each employer include job titles,dates you were in each position, and a summary of your experience for each position • Please do not include copies of transcripts,licenses,certificates,etc. Education: Do you possess a college diploma(or university degree)? Yes ❑ No If yes,name of the program: If no,do you possess a high school diploma? Yes El No ❑ Please Include In your resume relevant postsecondary courses/programs/workshops not Included above. Do you possess the following experience(please nude the number of years experience): Knowledge of the Municipal Elections Act, 1996? Yes ❑ No ❑ Knowledge and understanding of municipal election campaign financing rules? Yes ❑ No ❑ Experience worldng on a committee,task force or similar setting? Yes ❑ No 0 Availability and willingness to attend meetings? Yes 0 No 0 Are you the owner or tenant of land or the spouse of an owner or tenant of land in the County of Elgin. If so,name of municipality Yes 0 No 0 Are you 18 years of age? Yes ❑ No 0 I certify that the information contained in this application is true and complete,to my knowledge. I understand that a false statement may disqualify me. Yes o No o Completed by: (print name)' Date completed: Applicant Information Is collected underthe authonly of the Municipal Freedom of Information and Privacy legislation and will be used strictly for the purpose of committee appointments.We thank all applicants in advance;however,only those applicants selected for an interview will be contacted. (Form updated June 15110)