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Policy - AMPS Appointment of Screening and Hearing Officers - 20230410 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Administrative Monetary Penalties System - Appointment of Screening and Hearing Officers Bylaw Services Contact: Manager of Bylaw Services, Corporate Services Approval Authority: Chief Administrative Officer Effective: April 10, 2023 Revised: April 10, 2023 ______________________________________________________________________________________ Purpose The purpose of the policy is to provide a consistent and transparent framework for the selection and appointment of Screening Officers and Hearing Officers and to act as a guide for appointees. The Town of Aurora values a clear and transparent process for the selection of Screening Officers and Hearing Officers in a fair and equitable manner and in accordance with applicable legislation and Council-approved By-laws. Scope This Policy applies to the selection and appointment of Screening Officers and Hearing Officers for the purposes of AMPS. Definitions Administrative Penalty By-law The by-law passed by the Town to establish administrative penalties for parking, as amended from time to time, or any successor thereof; Clerk Town Clerk, or anyone designated by the Clerk to perform their duties relating to AMPS; Council The Council of the Town of Aurora; Director The department head responsible for the Bylaw Services division of the Town, or their designate or successor; Hearing Officer 2 Any person appointed from time to time pursuant to the Screening and Hearing Officer By-law, to perform the functions of a hearing officer in accordance with the Screening and Hearing Officer By-law and the Administrative Penalty By-law; Joint Panel Joint panel as set out herein, established to provide advice and recommendations to Council pursuant to the Screening and Hearing Officer By-law , regarding the appointment of Hearing Officers; Relative Includes any of the following persons: • spouse, common-law partner, or any person with whom the person is living as a spouse outside of marriage; • parent or legal guardian; • child, including a stepchild and grandchild; • siblings and children of siblings; • siblings of parents and their children (typically known as aunt, uncle, niece and nephew); • in-laws, including parents, siblings, and children; or • any person who lives with the person on a permanent basis Screening and Hearing Officer By-law By-law No. 6451-22 passed by the Town of Aurora to establish the positions of screening and hearing officers and to provide for the appointment of screening and hearing officers, in relation to administrative penalties, as amended from time to time, or any successor thereof ; Screening Officer Any person appointed from time to time pursuant to the Screening and Hearing Officer By-law, to perform the functions of a screening officer in accordance with the Screening and Hearing Officer By-law and the Administrative Penalty By-law; Town The Corporation of the Town of Aurora. Policy Appointment of Screening Officers In accordance with the Screening and Hearing Officer By-law, Screening Officers shall be appointed by the Town Clerk, except where ineligible or where the Clerk, otherwise determines that the person has demonstrated an inability to comply with Town Policies or procedures, or is unable to carry out the duties related to AMPS in a fair and impartial manner. Any person(s) holding the positions of Bylaw Co-ordinator or Licencing and Court Administrator (as those positions may be renamed from time to time) may be designated 3 by the Clerk as Screening Officers provided such positions only facilitate payment of penalty notices but do not accept or process payments related to penalty notices. The following persons are not eligible for appointment as Screening Officers: • Issuing officer • A member of Council; • A Relative of a member of Council; • A person indebted to the Town, other than: o In respect of current property taxes; or o Pursuant to an agreement with the Town, where the person is in compliance with the terms thereof The Clerk, in consultation with the Town Solicitor and Director may revoke the appointment of a Licencing and Court Administrator and/or Bylaw Coordinator as a Screening Officer if at any time the person becomes ineligible for appointment or continuation as a Screening Officer, or is otherwise determined by the Clerk, in consultation with the Town Solicitor and Director, to be unable to carry out the duties related to AMPS in a fair and impartial manner or to comply with Town of Aurora policies or procedures. Recruitment of Hearing Officer(s) The Town may, from time to time, recruit Hearing Officer(s) as contemplated by the Screening and Hearing Officer By-law, in accordance with the following process: Eligibility The following persons are not eligible to be appointed or to remain as Hearing Officer(s): • A member of Council; • A Relative of a member of Council; • An employee of the Town; • A person indebted to the Town, other than: o In respect of current property taxes; or o Pursuant to an agreement with the Town, where the person is in compliance with the terms thereof; Application and Review Process Application Process The Town of Aurora Clerk’s Office will be responsible for the recruitment of the Hearing Officer(s). The posting will outline the role of the Hearing Officer(s) and eligibility criteria. All applicants may complete an application form in a form prescribed by the Town of Aurora. 4 Review All applications received by the established deadline will be forwarded to the Clerk's Office at the Town of Aurora. The Clerk will be responsible for reviewing the applications and recommending appointments. The applicant review process involves reviewing personal information of the applicants and ensuring their qualifications align with the provisions set out in Bylaw No. 6451-22, S. 4, as amended. Appointment The Clerk’s Office will consider the recommendations and appoint the Hearing Officer(s). The Clerk’s Office of the Town of Aurora will notify all applicants of the decision and will retain all applications according to their applicable Retention By-Law Other AMPS Programs Should the Town decide to expand the AMPS Program(s) to matters other than parking, the Town may, but is not required to, expand the duties of and appoint any existing Hearing Officer(s) for that purpose. Nature of Hearing Officer(s) Positions and Term Hearing Officer(s) are independent and are not Town employees. Hearing Officer(s) may be required to enter in to a contract with the Town outlining the terms of service. Unless revoked, Hearing Officer(s) shall be appointed for the term of Council (or remainder thereof, where appointed mid-term), and thereafter until reappointed or until a successor is appointed. Revocation of Appointment The Town may revoke the appointment of a Hearing Officer at any time, on the recommendation of the Town Clerk in consultation with the Director and Town Solicitor, if applicable. Responsibilities Not applicable. Monitoring and Compliance In accordance with the Town of Aurora policies, collective agreement and applicable legislation and policies any employee found to be demonstrating actions / behaviours that are not consistent with the terms of this policy will result in an investigation. Any employee found to be disrespecting the terms of this policy other than under exceptional circumstances, emergencies or operational requirement is subject to 5 possible discipline up to and including termination. CAO / Director / Managers / supervisors and employees should work collaboratively to resolve issues related to this policy. Employees can escalate issues to Human Resources where difficulties continue. References • Municipal Act, 2001, S.O. 2001, c. 25 • O. Reg. 333/07: Administrative Penalties • 6450-22 Administrative Penalty Bylaw • 6451-22 Screening and Hearing Officer Bylaw • 6452-22 Amend 4574-04.T (AMPS) • AMPS Policy - Appointment of Screening and Hearing Officers • AMPS Policy - Conflict of Interest and Code of Conduct • AMPS Policy - Financial Management Policy • AMPS Policy - Preventing Political Interference • AMPS Policy - Public Complaints • AMPS Policy - Undue Hardship • Town of Aurora Employee Code of Conduct • Council-Staff Relations Policy Review Timeline This policy will be reviewed 2 years after the initial approval date.