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AGENDA - Special Council - 20040518TOWN OF AURORA SPECIAL COUNCIL AGENDA NO.04-16 TUESDAY,IYIAY 18, 200418, 2004 7:00 DOME COUNCIL PUBLIC RELEASE 14/05/04 TOWN OF AURORA SPECIAL COUNCIL MEETING AGENDA NO. 04-16 Tuesday, May 18, 2004 I DECLARATIONS OF INTEREST l/ APPROVAL OFAGENDA RECOMMENDED: THAT the content of the Agenda be approved as presented. 111 CONSIDERATION OF ITEM REQUIRING SEPARATE DISCUSSION IV READING OF BY-LAWS RECOMMENDED: THAT the following listed by-law be given 1st 2Id and 3rd readings, and enacted: 4532-04.0 BEING A BY-LAW to Confirm (pg. 16) Actions by Council Resulting From This Meeting - Tuesday, May 18, 2004. V ADJOURNMENT Special Council Meeting No. 04-16 Page 2 of 2 Tuesday, May 18, 2004 AGENDA ITEM 1. CS04-020 - Amendment to Administration Procedures - (pg. 1) Contingency Planning RECOMMENDED: THAT the proposed contingency measures outlined herein be approved with implementation during the period of the potential labour disruption; and THAT staff be permitted to deliver services on a modified basis during a labour disruption subject to the authorization of the Chief Administrative Officer; and THAT during the period of labour disruption, all Advisory Committee meetings be cancelled. SPECIAL COUNCIL 04-16 MAY 18 2004 T"p-p""em # TOWN OF AURORA COUNCIL REPORT No. CSO4-020 SUBJECT: Amendment to Administration Procedures -Contingency Planning FROM: Bob Panizza, Director of Corporate Services DATE: May 18, 2004 RECOMMENDATIONS THAT the proposed contingency measures outlined herein be approved with implementation during the period of the potential labour disruption; and THAT staff be permitted to deliver services on a modified basis during a labour disruption subject to the authorization of the Chief Administrative Officer; and THAT during the period of labour disruption, all Advisory Committee meetings be cancelled. BACKGROUND As a result of the breakdown of collective bargaining with CUPE Local 905 and the subsequent receipt of the No Board report from the Ministry of Labour, Town staff is proceeding with it's contingency planning in order to address operational and procedural issues in the event a labour interruption may occur. COMMENTS In order to maintain modified service levels and achieve the goal of service delivery, it is necessary for the Town to modify the following administration procedures on a temporary basis: a) Hours of Work (Administration Procedure #6) • That section 1.2 of Administration Procedure #6 be modified in order to permit full time staff to work beyond the normal 8:30 to 4:30 to address the need for possible deployment including performing task after hours and on weekends if necessary. -1- SPECIAL COUNCIL 04-16 MAY 18 2004 May 18, 2004 .2. Report No. CSO4-20 Hours of Work — Part Time Staff • That authority be granted to permit part-time staff to work beyond the normal 24 hours per week where required, in accordance with the Employment Standards Act. b) Overtime (Administration Procedure #13) • That section 1.3 of Administration Procedure #13 be modified to provide for overtime payment to staff, other than the senior level, of straight time for hours worked beyond the standard 35 hour week up to 44 hours, and further payment of time and one half for hours worked beyond 44 hours. • That the provisions contained in section 1.4.2, lieu time must be taken by June 30 be waived. • That senior level staff maintain a record of all hours worked in excess of 50 hours lieu time provision, for subsequent disposition by Council once a new collective agreement with CUPE has been reached. c) Vacation (Administration Procedure #18) • That section 3.2, be waived to recognize accrued vacations may be taken by June 30 next year in order to address any staffing shortages in 2004 due to any labour disruption. Vacations taken in 2004 will be allocated on a selected basis to meet operational contingencies. d) Call Out • That any non union employee who is called into work outside of their scheduled hours shall be paid at the appropriate overtime rate for all such additional hours or three hours at the regular rate of pay, whichever is the greater. e) Procurement Policies & Procedures (Administration Procedure #50) • That the Chief Administrative Officer be granted authority to approve the purchasing of supplies and the issuance of contracts where necessary, upon the recommendation of Directors to address operational issues/needs associated with the work disruption. Any such procurements will be reported to Council on a monthly basis. —2— SPECIAL COUNCIL 04-16 MAY 18 2004 May 18, 2004 - 3 - Report No. CSO4-20 f) Employment Expenses (Administration Procedure #28) • That section 2 be modified to authorize the Chief Administrative Officer to approve reimbursements to staff for expenses that may be directly incurred as a result of a labour disruption. g) Town Owned Vehicles (Administration Procedure #29) • That designated staff be permitted to bring Town vehicles home in order to proceed directly to the job site. h) Members of Council Expense Policy (Administration Policy #57) • That Administration Procedure #57 be modified to provide for a reimbursement of expenses to Members of Council for expenses that are directly incurred as a result of the labour disruption. i) Special Meetings • That section 2.5 of the Procedural By-law be modified to provide that only a majority of Members of Council are required to convene a Special Meeting of Council on 24 hours notice from the Mayor, in order to address issues related to any labour disruption. OPTIONS It is staffs suggestion that the proposed procedures be approved in order to respond to issues that may arise as a result of the potential labour disruption, notwithstanding this however, Council may wish to maintain the procedures currently in effect. FINANCIAL IMPLICATIONS As previously outlined, in the event of work disruption it will be necessary to invoke these modifications to the administration procedures. —3— SPECIAL COUNCIL 04-16 MAY 18 2004 May 18, 2004 - 4 - Report No. CS04-20 At the present time the financial implications of these costs cannot be determine until expenses are accrued, however staff will be providing Members of Council with a financial update on a monthly basis until a new collective agreement is executed and the work disruption ceases. LINK TO STRATEGIC PLAN Goal A — maintaining a well managed and fiscally responsible municipality ATTACHMENTS Appendix #1 — Copy of the No Board Report from the Ministry of Labour Appendix #2 — Copies of the affected Administration Procedures PRE -SUBMISSION REVIEW Chief Administrative Officer — May 14, 2004 by. Bob Panizza ext. 4221 Bob Paniz* Director of Corporate Services —4— SPECIAL COUNCIL 04-16 MAY 18 2004 APPENDIX #1 Labour Management Services Office of Mediation Ministry of Labour 400 University Avenue Toronto ON M7A 1T7 Telephone: (416) 326-7358 Facsimile: (416) 326-7367 Relations patronales- syndicates Bureau de Mediation Minist8re du Travail 400, avenue University Toronto ON M7A 1T7 T616phone: (416) 326-7358 T616copleur. (416) 32e-7367 File No. 03-1633 Ms. Karen Young Personnel Director Corporation of the 100 John West Way PO Box 1000 Aurora, Ontario L4G 6J1 Town of Aurora QQ Ontario May 7, 2004 RE: CORPORATION OF THE TOWN OF AURORA; and Canadian Union of Public Employees, Local 905 (Employees save and except persons at the rank of supervisor and above, office and technical staff, students, persons regularly employed for not more than 24 hours per week and temporary employees who are hired specifically for government sponsored work incentive projects providing such employment does not exceed 100 working days) Dear Ms. Young: Pursuant to the statutory authority delegated to me under the Labour Relations Act, 1995 ("Act"), I wish to inform you that after careful review, I do not consider it advisable to appoint a conciliation board. This letter is issued constitutes what is in board" notice. S n y, Reg Pearson Director cmb under clause 21(b) of the Act and common parlance known as the "no -5- SPECIAL COUNCIL 04-16 MAY 18 2004 APPENDIX #2 No. 6 TOWN OF AURORA Page 1 of 1 ADMINISTRATION PROCEDURE NO.6 Subject: Hours of Work Effective: April 6,1988 Authority: Council Revised: May 14, 1990 Feb.12,2002 1. FULL-TIME PERMANENT NON -BARGAINING UNIT EMPLOYEES 1.1 The standard work week for all full-time permanent non -bargaining unit positions is 35 hours. 1.2 The normal hours of work are 8:30 a.m. to 4:30 p.m. Monday through Friday unless otherwise determined by the Department Head. At the Department Head discretion, employees may be scheduled to work other than the normal hours of work subject to maintaining seventy (70) hours worked in a two week pay period. Where the hours of work are to exceed 48 in a week, the employer may be required to enter into an Extra Hours of Work Agreement as noted in the Employment Standards Act. 1.3 Employees are entitled to a lunch period of one (1) hour, plus two fifteen (15) minute periods for work breaks, at such times as may be designated by the Department Head. 2. OTHER -THAN -CONTINUOUS -FULL-TIME (Part-time/student/summer) Hours of work are determined by the Supervisor and approved by the Department Head. 3. BARGAINING UNIT POSITIONS Hours of work are in accordance with the terms and conditions of current collective agreement. 4. REFERENCE, ALSO, ADMINISTRATION PROCEDURE NO.7 Q-C SPECIAL COUNCIL 04-16 MAY 18 2004 No. 13 TOWN OF AURORA Page 1 of 2 ADMINISTRATION PROCEDURE NO.13 Subject: Overtime Effective: November 14,1986 Authority: Council Revised: April 6, 1988 March 14,1990 May 14,1990 January 10,1996 February 12, 2002 1. FULLTIME PERMANENT NON -BARGAINING UNIT POSITIONS . 1.1 Definition Overtime is considered any authorized time worked over and above the standard 35-hour work week. 1.2 Eligibility 1.2.1 Although every effort should be made to minimize overtime, employees may be requested to work overtime by their immediate Supervisor and/or Department Head. 1.2.2 Employees who feel overtime may be necessary are asked to consult with their immediate Supervisor prior to working said overtime. 1.2.3 Overtime must be authorized by the Department Head. Department Heads may delegate this responsibility to supervisory staff in individual cases where it is deemed appropriate. 1.3 Compensation Authorized overtime will be compensated for in the following manner: time -off -in -lieu, at "straight" time, for hours worked in excess of 35 per we up to 44 hours time -and -one-half, paid, for hours worked per week in excess of 44 1.3.1 Exemptions Overtime "Pa -provisions do not apply to Senior Management Team and the Chief Administrative Officer. —7— SPECIAL COUNCIL 04-16 MAY 18 2004 No. 13 Page 2 of 2 1.4 Timeframes for Lieu Time to be Taken 1.4.1 Lieu time may be accumulated up to 50 hours per calendar year, to be taken at a time mutually agreeable between the Supervisor and/or Department Head, and the employee. 1.4.2 Lieu time must be taken by June 30th in the year following the date the overtime was worked. 1.5 Recording of Overtime 1.5.1 Authorized overtime to be paid, should be so indicated, and appropriately coded, on the employee's Time Card Entry form, for processing by Payroll. 1.5.2 Authorized overtime to be taken as lieu time should be so recorded on the employee's. Attendance Report, which is maintained departmentally. 1.5.3 Members of the Senior Management Team shall not be obligated to record all authorized overtime to be taken as lieu time, however in the alternative, each Senior Management Team member shall be credited with 50 hours such time as of the first day of January in each calendar year, to be taken in accordance with section 1.4 above. 2. OTHER -THAN -CONTINUOUS -FULL-TIME POSITIONS 2.1 The eligibility criteria outlined in Section 1.2 of this Administration Procedure applies. 2.2 Authorized overtime will be paid at the rate of time -and -one-half the employee's normal hourly rate for all hours worked in excess of 44 per week. 2.3 Authorized overtime to be paid, should be so indicated and appropriately coded, on the employee's Time Card Entry form, for processing by Payroll. 3. BARGAINING UNIT POSITIONS 3.1 The eligibility criteria outlined in Section 1.2 of this Administration Procedure applies. 3.2 Authorized overtime is to be compensated in accordance with the terms and conditions of current collective agreement. SPECIAL COUNCIL 04-16 MAY 18 2004 TOWN OF AURORA ADMINISTRATION PROCEDURE NO. 18 Subject: Vacation Authority: Council POLICY 1.1 Part-time or Temporary Employees No. 18 Page 1 of 3 Effective: July 1,1988 Revised: October 5,1988 March 14,1990 February 12, 2002 Part-time or temporary staff are entitled to vacation in accordance with The Employment Standards Act of the Province of Ontario. 1.2 Fulltime Permanent Employees For falltime permanent employees, vacation periods, calculation of pay, continuous service and pay distributions will be based on a vacation year which shall be from July 1st to June 30th. Vacations with pay will be granted in accordance with the following: 1.2.1 Less than One Year's Service Employees who have not completed a full year of employment by June 30th in any year will be given a vacation with pay based on one (1) day for each completed calendar month of service since the date of starting employment, to a maximum of ten (10) days. No vacation days may be taken by an employee before the successful completion of 6 months' employment. Reasonable requests for time off during the initial 6-month period will be considered by Department Heads. Time off may be granted in the form of time off without pay or, in some circumstances, the advancing of vacation time. 1.2.2 One through Four Years' Completed Service All employees with more than one (1) year of continuous service as of July 1st in any year, shall be entitled to a vacation of two (2) weeks with pay. 1.2.3 Four through Nine Years' Completed Service All employees who have completed four (4) or more years of continuous service as of July 1 st in any year shall be entitled to a vacation of three (3) weeks with pay. SPECIAL COUNCIL 04-16 MAY 18 2004 No.18 Page 2 of 3 1.2.4 Ten Through Fifteen Years' Completed Service All employees who have completed nine (9) or more continuous years of service as of July 1st in any year, shall be entitled to four (4) weeks' vacation with pay. 1.2.5 Fifteen or More Years' Completed Service All employees who have completed fifteen (15) or more continuous years of service as of July 1st in any year, shall be entitled to five (5) weeks of vacation with pay. 2. STATUTORY HOLIDAYS WHEN ON VACATION hi the event that a statutory holiday falls within the vacation period of an employee who has completed the 6-month probationary period, the vacation period may be extended by an extra day or may be taken at another time. (See Administration Procedure No. 21 - Statutory Holidays.) CHOICE OF VACATION DATES 3.1 Posting and Allocation Choice of vacation dates shall be governed according to start date within a Department/division/section subject to the requirement to maintain an efficient operation within that Department. The Vacation Schedule shall be posted prior to April 30th and any weeks of entitlement not booked or chosen at that time will lose length of service preference. Department Heads shall co-ordinate their own vacation schedules with the C.A.O.'s office for administrative purposes. (See Administration Procedure No. 19.) 3.2 Timeframe for Accrued Vacation to be Taken All vacations earned between July 1st and June 30th must be taken by June 30th of the following year. Any vacation days not taken in accordance with this rule may, of the discretion of the employer, be scheduled to be taken by the employee or, will be relinquished by the employee without compensation. Under exceptional circumstances other arrangements maybe made with the Department Head. 3.3. Maximum Consecutive Entitlement No employee shall be entitled to more than fifteen consecutive working days of vacation at any one time without the express consent of the Chief Administrative Officer (not including any relevant Statutory Holiday). Holidays earned in one year will not, normally, be allowed to be coupled with the following year's holiday period in contravention of the above rule. All vacation time booked must be approved by the Department Head prior to vacation being taken. -10— SPECIAL COUNCIL 04-16 MAY 18 2004 No.18 Page 3 of 3 3.4 Prime Time Limitations During the period May 15th to September 15th of each year, employees shall be allowed to take up to two (2) weeks of their vacation if desired, and may not take the balance during that period until all other employees have taken their vacations or by special arrangement with the Department Head. 4. VACATION PERIODS MANDATORY It is required by law that all fulltime employees take at least one two -week vacation or two one -week vacations in any given twelve-month period of work (exceptions are made in the case of an employee whose hire date is such that at July 1st, he or she will have less than a full year of service). However, an employee may request in writing that the vacation be scheduled in less than a one week block. It must be agreed to by the employer. Under no circumstances may an employer condone an employee not complying with this standard, nor may an employer pay out all vacation pay in place of actual vacation time being taken. The sole exception to this standard is that an employee leaving employment before having taken his/her current year's vacation shall be paid out all outstanding vacation earned. 5. PAYMENT OF VACATION PAY 5.1 Full-time employees will receive pay via the direct deposit method for vacation pay entitlement as taken e.g. if the employee takes his/her vacation in days, the employer shall base the vacation entitlement on the number of days in the employee' s regular work week. 5.2 Other -than -continuous -full-time employees (part-time/student/contract) will receive vacation pay on each pay deposit e.g. vacation pay is added as a percentage amount to each wage pay. 6. ILLNESS WHILE ON VACATION If an employee falls ill during a vacation, with presentation of a Doctor's Certificate, the lost days may be added to vacation entitlement. FLOATING HOLIDAY Refer to Administration Procedure No. 21, part 7. —11— SPECIAL COUNCIL 04-16 MAY 18 2004 TOWN OF AURORA ADMINISTRATION PROCEDURE NO.28 Subject: Employment Expenses Effective: Revised: Revised: Revised: Revised: Revised: Revised: Revised: Revised: POlia No. 28 Page 1 of 1 April 6, 1988 January 16, 1991 June 24,1992 November 11, 1992 June 9, 1993 October 9,1996 January 1,1998 Sept. 5, 2000 April 23, 2002 While Town employees are travelling outside or within the municipality on business of the municipality, they shall be reimbursed for actual expenses reasonably incurred in regard to the performance of their duties. 2. Expenses and Rates 2.1 Mileage Expense 2.1.1 Mileage rates will be reviewed and approved by Chief Administrative Officer on an annual basis. The rate will be established on a recommendation from the Treasurer based on the average of the rates paid by municipalities within York Region, and the factor utilized by Canada Customs and Revenue Agency (formerly Revenue Canada). 2.1.2 Employees required to use their own vehicles for Corporation business either within the Town of Aurora limits or for longer distance travel will be paid according to the rate shown on Appendix "A". 2.1.3 Each employee who is compensated shall be required to submit regularly a statement indicating the origin and destination details of such mileage and the purpose of each trip. 2.1.4 Senior Management Team members may opt to be compensated by the Corporation for use of their own vehicle for Corporation business within Town limits at a rate of $80.00 per month rather than at the per -kilometre rate (taxable benefit), effective April 23, 2002. 2.2 Per Diem Expense for Approved Travel Outside the Municipality on Business Costs will be reimbursed, based on the actual receipted expense. Guidelines are as follows: $40.00 per day for food $30.00 per day for parking/transit/taxi/car rental $130.00 per day for overnight accommodation 2.3 Conference/Convention Exnenses See Administration Procedure No. 31 - Attendance at Conferences/Conventions. 2.4 Staff Training Expenses See Administration Procedure No. 30 - Staff Training and Development. —12— SPECIAL COUNCIL 04-16 MAY 18 2004 TOWN OF AURORA ADMINISTRATION PROCEDURE NO.29 Subject: Town Owned/Leased Vehicles Authority: Council TOWN OWNED VEHICLES No. 29 Page 1 of 2 Effective: April 6,1988 Revised: Nov. 25,1998 Municipal vehicles, when provided by the Town are to assist in the undertaking of various services required by the Town during working hours and may be utilized by authorized employees as a means of transportation to and from their work places. Municipal vehicles are to be used for these purposes only unless indicated otherwise, and may be taken outside the boundaries of the town on official Town business only. There are occasions however, when it is advantageous to the municipality to have reliable vehicles readily available to on call, supervisory and/or designated personnel at all times in order to ensure prompt service at all times. Employees who drive a Town owned vehicle must be in the possession of a valid driver's license for the specific type of vehicle in use and shall provide to the Corporation, the driver's license upon request. Employees shall inform the Corporation immediately of any change in the status of their driver's license. Accidents or incidents involving the vehicle must be reported to the Corporation immediately. Traffic and/or parking violations incurred are the responsibility of the employee and must be paid promptly. All Town owned vehicles and mobile equipment shall be kept as clean as possible and shall be fuelled at such times as designated by the manager or supervisor. Only Town owned vehicles may be fuelled at the Town's fuel pumps. It shall be the responsibility of the Director of Public Works to ensure the security of the system by which gasoline and other fuels are dispensed is adhered to. All Town owned or leased vehicles shall display the Town's crest and other appropriate identification. All vehicles owned.acquired or leased by the Town shall go through the normal, Council -approved, public tender process. —13— SPECIAL COUNCIL 04-16 MAY 18 2004 No. 29 Page 2 of 2 USE OF TOWN VEHICLES BY STAFF 1. Provision of a Town owned or leased vehicle to the Fire Chief ensures that a means to provide prompt emergency response exists. The provision of the vehicle is subject to the following conditions: (a) The vehicle supplied is to be used exclusively for Town business and for emergency response (b) The vehicle may be used for transportation to and from the employee's place of residence provided it is within a fifteen (15) minute emergency response time from the Town boundary. 2. Operations employees, may use certain municipal vehicles for Town business and may only take these vehicles to and from their residence outside of normal working hours when expressly authorized by the Director of the respective department and in those circumstances such permission shall be subject to the following conditions: a) The vehicle is to be used for transportation of the employee only to and from the employee's place of work as long as the employee's residence is within thirty (30) minutes driving time. b) The vehicle is not to be used for personal use. c) Vehicles must be locked when not in use. Provision of a vehicle allowance ensures that the C.A.O., in his/her capacity and associated responsibilities has access to an appropriate vehicle for business use at any time. The Town may, as a condition of employment, provide the C.A.O. with a vehicle allowance as an additional taxable benefit, the value of which is to be based on the cost of providing a fully equipped mid -sized vehicle for a twenty-four (24) month term, with industry standard mileage accumulation, including license, fuel, insurance, maintenance and repairs. The upset limit will be determined by Council as part of the recruitment process and will be revisited from time to time thereafter. Funds for the allowance will form part of the annual operating budget as approved by Council. —14— SPECIAL COUNCIL 04-16 MAY 18 2004 No.57 TOWN OF AURORA Page 1 of 1 ADMINISTRATION PROCEDURE Subject: Members of Council Expense Policy Effective: January 1, 2001 Authorization: Director of Finance / Treasurer or C.A.O. Members of Council may request reimbursement of costs to attend Conferences, Seminars, Training & Development sessions as authorized during the annual budget process subject to the following guidelines: The annual spending .limit for Conferences/Seminars, Training & Development (Including expenses relating to session registration, accommodation, meals and travel) is as follows: Mayor and Members of Council $ 2,000 per member Authorized conferences, seminars, training and development sessions are restricted to destinations within North America and include, but are not limited to, the following: • FCM Sponsored events • AMO Sponsored events • Ontario Traffic Conference • Cdn. Public Works Assoc. events • Ontario Good Roads • Cdn. Parks & Rec. Association • Parks & Recreation Ontario • Cdn. Institute of Planners events • OMHRA Sponsored events • Communication/Public Speaking Training • Health& Safety/W.H.M.I.S.(First Aid /C.P.R.] • Executive Management Workshops • Management/Supervisory Skills Workshops • Change Management/Business Process Improvements • Stress in the Workplace • Harassment & Discrimination • Information Technology Training & Development [i.e. Word, Excel, Powerpoint] The frequency and/or number of sessions attended will be determined based on availability of financial resources relative to the above referenced spending limits. No reimbursement of requisitioned expenditures will be made until adoption of the Town's annual operating budget. N4 q -0 2. By-law # .0 a tablishes an annual expense allowance for Members of Council as follows: Mayor $ 3,000 Councillors $ 400 Eligibility criteria for spending annually approved expense allowance funding includes, but is NOT limited to, the following uses: • Attendance at Community events ✓ York Regional Police Gala ✓ United Way Charity events ✓ Conservation Authority General Meeting 3. All requests for spending discretionary Conference/Seminar or Expense Allowance funds are to be authorized and reconciled by the Director of Finance / Treasurer. A summary of amounts expended by each Member of Council will be included within the Treasurer's annual itemized statement of remuneration and expenses under the authority of the Municipal Act. —15— SPECIAL COUNCIL 04-16 MAY 18 2004 THE CORPORATION OF THE TOWN OF AURORA By-law Number 4532-04.0 BEING A BY --LAW to Confirm Actions by Council Resulting From The Special Council Meeting of May 18, 2004. THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: THAT the action of the Council at its special meeting held on May 18, 2004 in respect to each motion, resolution and other action passed and taken by the Council at the said meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted ratified and confirmed. 2. THAT the Mayor and the proper officers of the Town are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary in that behalf and the Clerk Is hereby authorized and directed to affix the corporate seal to all such documents. READ A FIRST AND SECOND TIME THIS 18"H DAY OF MAY 2004. READ A THIRD TIME AND FINALLY PASSED THIS 18' DAY OF MAY 2004. T. JONES, MAYOR B. PANIZZA, TOWN CLERK -16-