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HomeMy WebLinkAboutCSD-19-010 - Administrative Monetary Penalties System (AMPS) PoliciesREPORT TO: Community and Infrastructure Services Committee DATE OF MEETING:May 13, 2019 SUBMITTED BY: Gloria MacNeil, Director of By-law Enforcement, 519-741-2200, ext. 7952 PREPARED BY: Gloria MacNeil, Director of By-law Enforcement, 519-741-2200, ext. 7952 WARD (S) INVOLVED:ALL DATE OF REPORT:April 23, 2019 REPORT NO.: CSD-19-010 SUBJECT: ADMINISTRATIVE MONETARY PENALTY SYSTEM (AMPS) - POLICIES ___________________________________________________________________________ RECOMMENDATION: ThatCouncil approve the attached policies which support the implementation of the Administrative Monetary Penalty System (AMPS) as set out in report CSD-19-010; 1.Policy to Prevent Political Interference 2.Conflict of Interest and Code of Conduct Policy 3.Policy Regarding Financial Management and Reporting 4.Public Complaints Policy 5.Undue Hardship Policy 6.Policy for the Appointment of Screening and Hearing Officers BACKGROUND: On April 15, 2019, City Council approved the establishment of an AdministrativeMonetary Penalty System for parking (AMPS), and passed the Parking Administrative Penalty By-law, Screening and Hearing Officer By-law and a By-law to Amend Existing Parking By-laws to provide for AMPS. The AMPS program is scheduled to commence on June 3, 2019. REPORT: In accordance with the Municipal Act, 2001 and O. Reg. 333/07, the Parking Administrative Penalty By-law establishes the AMPS process, which will replace the current Provincial Offences Act for the City’s parking by-laws as designated in the By-law. In addition, O. Reg. 333/07 (the “Regulation”) passed under the Municipal Act, 2001, requires that a municipality shall develop standards relating to the administration of the system of administrative penalties which shall include: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 4 - 1 (a)Policies and procedures to prevent political interferencein the administration of the system; (b)Guidelines to define what constitutes a conflict of interestin relation to the administration of the system, to prevent such conflict of interest and to redress such conflicts should they occur; (c)Policies and procedures regarding financial management and reporting; and (d)Procedures for the filing and processing of complaints made by the publicwith respect to the administration of the system The Regulation further requires that, procedures must be established: i.to allow a person to obtain an extension of time in which to request a reviewby a screening officer, or a review by a hearing officer, on such grounds as may be specified in the administrative penalty by-law. ii.to permit persons to obtain an extension of time for payment of the penaltyon such conditions as may be specified in the administrative penalty by-law. These procedures must provide for a suspension of the enforcement mechanisms available in the Regulation, in relation to the administrative penalty if an extension of time has been granted. The Parking Administrative Penalty By-law provides the grounds upon which an extension of time may be granted and delegates authority to the Director of By-Law Enforcementto establish the necessary procedures. The Regulation also requires that procedures must be established to permitpersons to be excused from paying all or part of the administrative penalty, including any administrative fees, if requiring them to do so would cause undue hardship. Lastly, the Screening and Hearing Officer By-law approved by Council on April 15, 2019, which establishes the positions of Screening Officer and Hearing Officer contemplates a City Policy to provide for the process of recruitment and appointment. Therefore, in order to support the implementation of AMPS, and as required by the Regulation, the following AMPS Policies are being presented to Council for consideration: a) Policy to Prevent Political Interference b) Conflict of Interest and Code of Conduct Policy c) Policy Regarding Financial Management and Reporting d) Public Complaints Policy e) Undue Hardship Policy f) Policy for the Appointment of Screening and Hearing Officers 4 - 2 A summary of each proposed Policy is provided below, and draft Policies are attached for reference. Policy to Prevent Political Interference The purpose of this Policy is to ensure that the AMPS system is conducted in a fair and independent manner, and to prevent political interference in the administration of AMPS. The Policy would: prohibit any person from communicating with a City employee, Screening Officer, Hearing Officer, or other person performing duties related to the administration of AMPS, for the purpose of influencing or interfering with the administration of AMPS or with any Penalty Notice (except a person entitled to be heard as part of a hearing ofthe proceeding) require all individuals involved with the enforcement and administrative functions of AMPS to carry out such duties in a manner which upholds the integrity of the administration of justice Conflict of Interest and Code of Conduct Policy The Conflict of Interest Policy set out requirements relating to Screening Officers, Hearing Officers and City employees in order to prevent actual, potential and perceived conflicts of interest, and to ensure that AMPS responsibilities are conducted in accordance with fundamental principles of justice, which include judicial and prosecutorial independence, fairness, impartiality, competence and integrity. The Policy would: recognize the restrictions relating to who can be appointed as Screening Officers and Hearing Officers, as set out in the Screening and Hearing Officer By-law define conflict of interest as including personal or financial, actual, perceived or potential conflict establish the conduct required by a Screening Officer or Hearing Officer to ensure that the administration of AMPS is conducted in a fair and impartial manner provide for disclosure of conflicts and for the reassignment of matters in the event of a conflict Policy Regarding Financial Management and Reporting The purpose of this Policy is to provide financial management, as well as the reporting and tracking of administrative penalties and fees. The Policy would: 4 - 3 apply to all financial management and reporting responsibilities and accountabilities regarding AMPS set out budgeting and reporting expectations relating to AMPS review and monitor current year actual, budgeted and projected financial performance and operating results determine priorities for maintaining and improving AMPS program services levels set outthe methods of payment, processing of payments and refunds related to AMPS Public Complaints Policy The purpose of this Policy is to provide a process for public complaints regarding the administration of AMPS and to ensure that AMPS remains an open, transparent, accessible, responsive, accountable, efficient and effective system for parking enforcement in the City of Waterloo, and that any public complaints are addressed in a timely and responsible manner. The Policy would: apply to complaintsreceived from the public, informal or formal, regarding the administration of AMPS provide the process for filing of complaints provide that, unless otherwise set out in this Policy or in another applicable City Policy, complaints will be investigated by the Designated Complaints Investigator provide that a complaint regarding a member of Council in respect of the administration of AMPS shall be processed in accordance with the Council Code of Conduct provide that a complaint regarding a hearings officershall be directed to the General Manager of Community Services or the Chief Administrative Officer notbe intended as an appeal mechanism to reverse or alter any decision of a Screening Officer or Hearing Officer, or to replace any other legal remedies Undue Hardship Policy In accordance with the Regulation, the Parking Administrative Penalty By-law provides discretion to Screening Officers and Hearing Officer to cancel, reduce or extend time for payment of Administrative Penalties and Administrative Fees where the Officer determines it is necessary in order to reduce undue hardship. This Policy is intended to provide guidelines to Screening Officers and Hearing Officers is exercising their discretion in accordance with the By-law. The Policy would: define undue hardship as meaning financial hardship, or other extenuating circumstances based on compassionate grounds provide examples of documentation that may be used to support a request based on financial hardship 4 - 4 provide that a Screening Officer or Hearing Officer will consider and satisfy themselves as to the authenticity/credibility of any oral or documentary evidence provided in respect of undue hardship, and include an assessment of such evidence in their decision Policy for Appointment of Screening and Hearing Officers The Screening and Hearing Officer By-law contemplates a Policy for Appointment of Screening and Hearing Officers. As contemplated by the By-law, this Policy would: provide for the designation of City employees as screening officers outline the recruitment process for the hearing officers establish the Joint Panel for purposes of review of hearing officer applications ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: TherecommendationofthisreportsupportstheachievementoftheCity’sstrategicvision throughthedeliveryofcore service. FINANCIAL IMPLICATIONS: N/A COMMUNITY ENGAGEMENT: The Administrative Monetary Penalties System is an administrative process that must fit within the Provincial regulations as set out in the Municipal Act. Staff will focus on engaging the public to inform and educate them on the process through a communications plan as well as information provided on our website. ACKNOWLEDGED BY: Michael May, General Manager Community Services Department & DCAO Encl. 4 - 5 Schedule “A” Policy No: POLICY Approval Date: Policy Title: Preventing Political Interference in Relation to Reviewed Date: the Administration of the Administrative Monetary Next Review Date: Penalty System Reviewed Date: PolicyType: COUNCIL Last Amended: Category: Governance Replaces: Sub-Category:Council Author: Director, By-law Enforcement Repealed: Replacedby: Dept/Div:CSD – By-law Enforcement Related Policies, Procedures and/or Guidelines: Municipal Act, 2001 O. Reg. 333/07 Parking Administrative Penalty By-law Screening and Hearing Officer By-law Code of Conduct for Members of Council 1.POLICY PURPOSE: Ontario Regulation 333/07 made under the Municipal Act, 2001requires a municipality establishing an Administrative Monetary Penalty System (AMPS) to have a policy for the prevention of political interference in AMPS. This Policy is intended to address this requirement, to define what constitutes political interference in relation to AMPS, and to ensure that the responsibilities of individuals involved in AMPS are conducted in accordance with the principles of fundamental justice, which include decision making and procedural independence, fairness, impartiality andintegrity, without any political interference. This Policy is not intended to prevent or limit the ability of Members of Council to request information about the AMPS program in general, or its implications for the City, in relation to the business of Council. 2.DEFINITIONS: 1 of 6 4 - 6 Policy No: Policy Title: “Administrative Penalty” means an administrative penalty established by the Parking Administrative Penalty By-law for a contravention of a Designated By-law as defined therein; “AMPS” means Administrative Monetary Penalty System, established by the Parking Administrative Penalty By-law; “City” means The Corporation of the City of Kitchener; “Council Code of Conduct” means the Code of Conduct for Members of Council adopted by the City to govern the conduct of Members of Council, as amended from time to time, or any successor thereof; “Council” means the Council of the City; “Director of By-law Enforcement” means the Director of By-law Enforcement of the City or his or her designate; “Hearing Officer” means any person appointed by the City 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 Parking Administrative Penalty By-law; “HearingReview” means the process related to review of a screening decision, as set out in section 6.0 of the Parking Administrative Penalty By-law; “Parking Administrative Penalty By-law” means By-law No. 2019-039 of the City, as amended from time to time, or any successor thereof; “Penalty Notice” means a penalty notice as described in Section 4.0 of the Parking Administrative Penalty By-law; “Person” includes an individual or a corporation; “Power of Decision” means a power or right, conferred by or under this By-law and the Parking Administrative Penalty By-law, to make a decision deciding or prescribing the legal rights, powers, privileges, immunities, duties or liabilities of any person: “Reprisal” means any measure taken or threatened as a direct result of disclosing or being suspected of disclosing an allegation of wrongdoing, initiating or cooperating in an investigation into an alleged wrongdoing, and includes but is not limited to: 1.Disciplinary measures; 2.Demotion of the employee or individual; 3.Termination of the employee or individual; 4.Intimidation or harassment of the employee or individual; 2 of 6 4 - 7 Policy No: Policy Title: 5.Any measure that adversely affects the employment or working conditions of the employee or individual; and 6.Directing or counselling someone to commit a reprisal “Screening and Hearing Officer By-law” means By-law No. 2019-040 of the City, as amended from time to time, or any successor thereof; “Screening Review” means the process related to review of a Penalty Notice, as set out in Section 5.0 of the Parking Administrative Penalty By-law; “Screening Officer” means any person appointed by the City 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 Parking Administrative Penalty By-law; 3.SCOPE: This Policy applies to all members of Council, to Hearing Officers and Screening Officers, to City employees involved in the enforcement and administration of AMPS, and to all other City employees in relation to their interaction with AMPS and members of Council. The following shall apply in addition to this Policy: a)For City employees involved in the administration of the AMPS program:all other City policies and procedures applicable to City employees shall continue to apply. In the event of a conflict between the provisions of this Policy andany other City policy or procedure, in relation to AMPS, the provisions of this Policy shall supersede. b)For Hearing Officers: the provisions of any agreement governing the retainer between the City and a Hearing Officer(s), shall also apply in regard to the activities of the Hearing Officer. In the event of a conflict between this Policy and the agreement, the provisions of this Policy shall supersede. c) For members of Council: the Council Code of Conduct shall also apply in regard to the activities of members of Council. In the event of a conflict between the provisions of this Policy and the provisions of the Council Code of Conduct, in relation to AMPS, this Policy shall supersede. This Policy shall apply in addition to all applicable law (i.e. Municipal Conflict of Interest Act, etc.). A breach of applicable law shall be deemed to be a breach of this Policy. POLICY APPLIES TO THE FOLLOWING: All Employees All Full-Time EmployeesAllUnion 3 of 6 4 - 8 Policy No: Policy Title: ManagementC.U.P.E. 68 Civic Non UnionC.U.P.E. 68 Mechanics TemporaryC.U.P.E. 791 StudentI.B.E.W. 636 Part-Time EmployeesK.P.F.F.A. Specified Positions only: Other: CouncilLocal Boards & Advisory Committees 4.POLICY CONTENT: 4.1Principles of Preventing Political Interference (a)No Person shall attempt, directly or indirectly, to communicatewith any City employee or other person performing duties related to the administration of AMPSfor the purpose of influencing or interfering, financially, politically or otherwise,with the administration of AMPS or with any particular Penalty Notice; (b)No Person shall attempt, directly or indirectly, to communicate with a Screening Officer or Hearing Officer for the purpose of influencing or interfering, financially, politically or otherwise, theScreening Officeror Hearing Officerrespecting aPenalty Noticeand/or respecting a Power of Decision in a proceeding that is or will be pending before a Screening Officer or Hearing Officer, except: 1.APerson who is entitled to be heard in the proceeding or the Person’s lawyer, licensed paralegal or authorized representative; and 2.Only by that Person or the Person’s lawyer, licensed paralegal or authorizedrepresentative during the hearing of the proceeding in which the issues arises. This paragraph shall not prohibit the giving of receiving of legal advice. In addition to this Policy, the AMPS By-law sets out a prohibition on attempting to influence a Screening Officer or Hearing Officer and creates an offence for any contravention of the provisions of the By-law. Such penalty is in addition to any action taken pursuant to this Policy. (c) All individuals involved with the enforcement and administrative functions of AMPS shall carry out such duties in a manner which upholds the integrity of the administration of justice 4.2Accountability (a)A Screening Officer or Hearing Officer, City employee or any other 4 of 6 4 - 9 Policy No: Policy Title: individualperforming duties related to AMPS shall report any attempt at influence or interference, financial, political or otherwise, by any Person, to the Director of By-law Enforcementas soon as possible. No action shall be taken against the Screening Officer, Hearing Officer, employee or other person(s) for making any such report in good faith; (b)Where any employee, Screening Officer, Hearing Officer or other person performing duties related to AMPS, is contacted by a member of Council or City official with respect to the administration of AMPS or a specific Penalty Notice, he or she shall immediately disclose such contactto the Director of By-law Enforcementin order to maintain the integrity of AMPS (c) Any interference with or attempt to interfere with AMPS by any Person may result in charges under the Criminal Code of Canada, as applicable, or any other applicable law, in addition to any disciplinary action; and (d)Any interference with AMPS or attempt to interfere with AMPS, by a member of Council, will be addressed pursuant to the Council Code of Conduct 4.3Reprisal In addition to and without limiting 4.2(a), no person shall take any Reprisal against a City employee or other individual performing duties related to the administration of the AMPS because the employee or individual, in good faith: 1.Has sought information or advice about making a disclosure about wrongdoing contrary to this policy; 2.Has made a disclosure about wrongdoing contrary to this policy in good faith; 3.Has initiated or cooperated in an investigation or other process related to a disclosure of wrongdoing contrary to this policy; 4.Has appeared as a witness, given evidence or participated in any proceeding relating to the wrongdoing contrary to this policy, or is required to do so; 5.Has alleged or reported a Reprisal; or 6.Is suspected or any of the above actions The identity of employees or other individuals performing duties related to the administration of AMPS involved in an investigation, including the identity of an individual alleging political influence contrary to this policy, will be protected to the fullest extent possible. If an employee believes that he or she has suffered Reprisal, this should be reported immediately to the Director of By-law Enforcement. COMPLIANCE 4.4Policy Violation 5 of 6 4 - 10 Policy No: Policy Title: In cases of Policy violation, the Citymay investigate and determine appropriate corrective action. 5.HISTORY OF POLICY CHANGES Administrative Updates n/a Formal Amendments n/a 6 of 6 4 - 11 Schedule “B” Policy No: POLICY Approval Date: Policy Title: Conflict of Interest and Code of Conduct in Relation Reviewed Date: to the Administration of the Administrative Monetary Next Review Date: Penalty System Reviewed Date: Policy Type: COUNCIL Last Amended: Category: Governance Replaces: Sub-Category:Council Author: Director, By-law Enforcement Repealed: Replacedby: Dept/Div:CSD – By-law Enforcement Related Policies, Procedures and/or Guidelines: Municipal Act, 2001 O. Reg. 333/07 Parking Administrative Penalty By-law Screening and Hearing Officer By-law AMPS Program Policies and Procedures 1.POLICY PURPOSE: Ontario Regulation 333/07 (“the Regulation”) pursuant to the Municipal Act, 2001 requires a municipality establishing an Administrative Monetary Penalty System (AMPS) for parking to have a policy relating to conflicts of interest. In accordance with the Regulation, the Policy must define what constitutes a conflict of interest in relation to AMPS, contain provisions to prevent such conflicts and to redress such conflicts should they occur. This Policy addresses conflict of interest provisions in relation to the administration of AMPS. The Policy set out requirements relating to Screening Officers, Hearing Officers and City staff in order to prevent actual, potential and perceived conflicts of interest, and to ensure that AMPS responsibilities are conducted in accordance with fundamental principles of justice, which include judicial and prosecutorial independence, fairness, impartiality, competence and integrity. 2.DEFINITIONS: “AMPS” means Administrative Monetary Penalty System, established pursuant to the Parking Administrative Penalty By-law; 1 of 8 4 - 12 Policy No: Policy Title: “City” means The Corporation of the City of Kitchener; “Council” means the Council of the City; “Director of By-law Enforcement Services” means the Director of By-law Enforcement Services of the City, or his or her designate; “Hearing Officer” means any person appointed by the City fromtime 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 Parking Administrative Penalty By-law; “Hearing Review” means the process related to review of a Screening Decision, as set out in section 6.0 of the Parking Administrative Penalty By-law; “Parking Administrative Penalty By-law” means By-law No. 2019-039 of the City, as amended from time to time, or any successor thereof; “Parent” means a person who has demonstrated a settled intention to treat a child as a member of her or his family, whether or not that person is the natural parent of the child; “Penalty Notice” means a penalty notice as described in Section 4.0 of the Parking Administrative Penalty By-law; “Person” includes an individual or a corporation; “Policy for Appointment of Screening and Hearing Officers” means the policy adopted by the City to govern the Appointment of Screening and Hearing Officers, as amended from time to time, or any successor thereof; Power of Decision – means a power or right, conferred by or under this By-law and the Parking Administrative Penalty By-law, to make a decision deciding or prescribing the legal rights, powers, privileges, immunities, duties or liabilities of any Person: “Relative” includes any of the following persons: a)spouse, common-law partner, or any person with whom the person is living as a spouse outside of marriage; b)Parent or legal guardian; c) child, including a step-child and grandchild; d)siblings and children of siblings; e)aunt, uncle, niece and nephew; f)in-laws, including mother, father, sister, brother, daughter and son; or g)any person who lives with the person on a permanent basis. “Screening and Hearing Officer By-law” means By-law No. 2019-040 of the City, as amended from time to time, or any successor thereof; 2 of 8 4 - 13 Policy No: Policy Title: “Screening Review” means the process related to review of a Penalty Notice, as set out in Section 5.0 of the Parking Administrative Penalty By-law; “Screening Decision” means a notice which contains the decision of a Screening Officer, as set out in Section 5.8 of the Parking Administrative Penalty By-law; “Screening Officer” means any person appointed by the City 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 Parking Administrative Penalty By-law; and “Statutory Powers Procedure Act” meansthe Statutory Powers Procedure Act, R.S.O. 1990, c. S. 22, as amended from time to time, or any successor thereof 3.SCOPE: This Policy applies to all Screening Officers, Hearing Officers, and all City employees involved in the administration of the AMPS program. The following shall apply in addition to this Policy: a)City employees involved in the administration of the AMPS program: all other City policies and procedures applicable to City employees shall continue to apply. In the event of a conflict between the provisions of this Policy andany other City policy or procedure, in relation to AMPS, the provisions of this Policy shall supersede. b)For Hearing Officers: the provisions of any agreement governing the retainer between the City and a Hearing Officer(s), shall also apply in regard to the activities of the Hearing Officer. In the event of a conflict between this Policy and the agreement, the provisions of this Policy shall supersede. This Policy shall apply in addition to all applicable law (i.e. Municipal Conflict of Interest Act, etc.). A breach of applicable law relevant to any matters set out in this Policy shall be deemed to be a breach of this Policy. POLICY APPLIES TO THE FOLLOWING: All Employees All Full-Time EmployeesAllUnion ManagementC.U.P.E. 68 Civic Non UnionC.U.P.E. 68 Mechanics TemporaryC.U.P.E. 791 StudentI.B.E.W. 636 Part-Time EmployeesK.P.F.F.A. Specified Positions only: Other: 3 of 8 4 - 14 Policy No: Policy Title: CouncilLocal Boards & Advisory Committees 4.POLICY CONTENT: 4.1Appointment of Screening Officers and Hearing Officers The Screening and Hearing Officer By-law and Policy ForAppointment of Screening and Hearing Officers, establish the rules regarding the appointment of Screening Officers and Hearing Officers. Screening and Hearing Officers shall be appointed and recruited in accordance with the Policy For Appointment of Screening and Hearing Officers. The following persons shall not be eligible for appointment as or to remain as a Screening Officer or Hearing Officer: a)a member of Council; b)a Relative of a member of Council; c) an individual indebted to the City other than: i)in respect of current real property taxes; or ii)pursuant to an agreement with the City, where the individual is in compliance with the terms thereof; and d)in the case of a Hearing Officer, an employee of the City of Kitchener 4.2 Conflict of Interest A conflict of interest arises where a Screening Officer, Hearing Officer or City employee involved in the administration of AMPS, or any Relative of same, has a direct or indirect personal or financial interest: a) such that they could influence a decision made in relation to AMPS; b)that may affect the performance of their job duties in relation to AMPS; c) that conflicts, might conflict, or may be perceived to conflict with the interests of the proper administrationof AMPS; or d)that may adversely affect the reputation of the City as a public authority in relation to AMPS. A conflict of interest includes a pecuniary or non-pecuniary interest, actual, perceived or potential conflict, that could arise in relation to personal or financial matters, including but not limited to: i)directorships or employment; 4 of 8 4 - 15 Policy No: Policy Title: ii)interests in business enterprises or professional practices; iii)share ownership or beneficial interests in trusts; iv)professional or personal associations with a Person; v)professional associations or relationships with other organizations; vi)personal associations with other groups or organizations; or vii)family relationships, including Relatives. Screening Officers Screening Officers are employees of the City of Kitchenerand therefore must alsoabide by all other City policies and procedures applicable to City employees. Screening Officers must be and appear to be impartial at all times. Screening Officers shall not review a Penalty Notice for a personal or business acquaintance or Relative. Hearing Officers Hearing Officers, in conducting a Hearing Review, are bound byand shall comply with the Statutory Powers Procedures Act, as well as general administrative common law principles (i.e. procedural fairness, natural justice, impartial and unbiased decision making, etc.). Hearing Officers must be and appear to be impartial at all times. A Hearing Officer shall not review a Screening Decision for a personal or business acquaintance or Relative. Hearing Officers must also abide by the terms of any agreement governing the retainer between the Hearing Officer and the City. 4.3Conduct of Screening Officers and Hearing Officers All Screening Officers and Hearing Officers shall: a) both be and appear to be independent, impartial, and unbiased; b)avoid all conflicts of interest, whether real, potential or perceived, and promptly take appropriate steps to disclose, resolve, or obtain advice with respect to any such conflict should it arise; c) not represent any Person at a Screening Review or Hearing Review; d)notdispute their own Penalty Notices and are expected to pay the Penalty Notice in a timely manner; e) not be influenced by partisan interests, public opinion, or by fear of criticism; f) not use their title and position to promote their own interests or the interests of others; g) discharge their duties in accordance with the law, City by-laws and AMPS policies, procedures and guidelines in effect from time to time; 5 of 8 4 - 16 Policy No: Policy Title: h) maintain and upgrade their knowledge and competence through their work, by participating in training and education courses as required by the City, and by seeking guidance from their colleagues and the City, as necessary; i) remain up to date on changes in the law, City by-laws, policies and procedures relevant to their function; j) act with integrity, as they are subject to ongoing public scrutiny; k) respect and comply with the law and conduct themselves at all times in a manner that promotes public confidence in the integrity and impartiality of AMPS; l) approach their duties in a calm and courteous manner when dealing with the public and others and present and conduct themselves in a manner consistent with the integrity of AMPS and with their appointment; m) convey their decisions in plain language, including the reasons therefor where such are required; n) safeguard the confidentiality of information that comes to them by virtue of their work and not disclose that information except as required by, and in accordance with, the law; o) in discharging their duties,treat those with whom they deal with in a respectful and tolerant manner regardless of the gender, sexual orientation, race, religion, culture, language, mental abilities, or physical abilities of those Persons, and without limiting the foregoing, comply in all respects with the Ontario Human Rights Code; p) refrain from openly and publicly criticizing the administration of AMPS or the conduct of others, including City employees or members of Council. Screening Officers and Hearing Officers shall acknowledge that only the Director of By-lawEnforcementServicesmay speak publicly on behalf of the City’s AMPS program. Any criticisms, suggestions or concerns related to AMPS shall be communicated through appropriate channels to the Director of By-law Enforcement Services; q) deal with the matters that come before them in a timely manner and make themselves accessible to those requiring their services; and r)not knowingly exercise a power or function for which they have not been trained or designated. Without limiting the foregoing, Screening Officers, Hearing Officers and all persons involved in the administration of AMPS shall avoid activities or circumstances that create conflicts, whether real, potential or perceived, between their personal interests and their responsibilities in relation to AMPS, including situations where their personal interests or the perception that their personal interests could influence any decisions they make on behalf of the City. Any obligation, interest or participation, which would or could interfere with the fair and impartial administration of AMPS or the exercise of judgment in relation to AMPS, constitutes conflict of interest. Every Screening Officer, Hearing Officer or City employee involved in the administration of AMPS, must disclose, in accordance with this Policy, any 6 of 8 4 - 17 Policy No: Policy Title: obligation, commitment, relationship or interestthat poses a real, potential or perceived conflict with his or her duties in relation to or interests in the administration of AMPS. 4.4 Preventing Conflict of Interest The keys to preventing conflicts of interest are identification, disclosure and withdrawal from the power of decision with respect to a Screening Review or Hearing Review. The need for identification, disclosure and withdrawal from a Power of Decision or administrative role in relation to AMPS applies to any real, potentialor perceived conflict of interest. 4.5Reporting Conflicts of Interest Screening Officers and City Employees Screening Officers and City employeesinvolved in the administration of AMPS shall notify the Director of By-lawEnforcement Services of any conflict of interest, real, potential or perceived, that they may have in relation to a matter. Hearing Officers If a Hearing Officer becomes aware of any real, potential or perceived conflict of interest, the Hearing Officer shall notify the Director of By-law Enforcement Services. 4.6Assignment of Alternate Screening Officer or Hearing Officer Where a real, potential or perceived conflict of interest is reported by a Screening Officer or Hearing Officer, as set out in this Policy: a) in the case of a review of a Screening Review or Hearing Review that has not yet commenced, the Director of By-lawEnforcement Services shall assign another Screening Officer or Hearing Officer to conduct the review to avoid actual, potential or perceived conflict of interest; or b) in the case of a review of a Screening Review or Hearing Review that has commenced: i)the Screening Officer or Hearing Officer,as the case may be, shall adjourn the review and withdraw from the Power of Decision; and ii)the Director of By-lawEnforcement Services shall cause the Screening Review or Hearing Review to be recommenced and rescheduled with another Screening Officer or Hearing Officer. 7 of 8 4 - 18 Policy No: Policy Title: If all appointed Screening Officers and/or Hearing Officers have a conflict of interest with a matter, the Director of By-law Enforcement Servicesshall retain another Screening Officer or Hearing Officer to handle the matter that is the subject of the conflict of interest. The Director of By-lawEnforcement Services may consult with the City Solicitor, or his/her designate, for further guidance in regard to this Policy. Where a Screening Officer or Hearing Officer is charged with anyoffence under the Criminal Code of Canada, or under any other Federal or Provincial statute or Regulation where continuing to perform duties may erode public confidence in the administration of justice, the Screening Officer or Hearing Officer shall disclose same to the Director of By-law Enforcement Serviceswithin 5 business days of the charge being laid, and appropriate action will be taken by the City, which, if determined appropriate, may include suspension from duties until the final disposition of the charge and, upon final disposition, may include, butis not limited to, termination of duties related to AMPS and/or revocation of appointment. COMPLIANCE 4.7 Policy Violation In cases of Policy violation, the City may investigate and determine appropriate corrective action. 5.HISTORY OF POLICY CHANGES Administrative Updates n/a Formal Amendments n/a 8 of 8 4 - 19 Schedule “C” Policy No: POLICY Approval Date: Policy Title: Financial Management and Reporting for the Reviewed Date: Administrative Monetary Penalty System Next Review Date: Reviewed Date: Policy Type: COUNCIL Category: Governance Last Amended: Sub-Category:Council Replaces: Author: Director, By-law Enforcement Repealed: Replacedby: Dept/Div:CSD-By-law Enforcement Related Policies, Procedures and/or Guidelines: Municipal Act, 2001 O. Reg. 333/07 City of KitchenerParking Administrative Penalty By-law City of KitchenerScreening and Hearing Officer By-law AMPS Program Policies and Procedures 1.POLICY PURPOSE: Ontario Regulation 333/07 requires a municipality establishing an Administrative Monetary Penalty System (AMPS) to have a policy to address financial management and reporting of AMPS. This purpose of this Policy is to provide a Policy regarding financialmanagement and the reporting and tracking of administrative penalties and fees. This Policy affirms that the City of Kitchener’s AMPS shall follow the existing corporate policies and procedures related to financial management and reporting. 2.DEFINITIONS: “Administrative Fee” means any fee specified in the Parking Administrative Penalty By- law; “Administrative Penalty” means an administrative penalty imposed for contravention of a Designated By-law, in accordance with the Parking Administrative Penalty By-law; “AMPS” means Administrative Monetary Penalty System; 1 of 6 4 - 20 Policy No: Policy Title: “By-law Enforcement Services” means the By-law Enforcement Services Division of the City, or any successor thereof; “City” means The Corporation of the City of Kitchener; “Clerk” means the City Clerk, or anyone designated by the Clerk to perform his or her duties pursuant to the Administrative Monetary Penalty System; “Council” means the Council of the City; “Director” means the Director of By-law Enforcement Services or anyone designated by the Director of By-law Enforcement Servicesto perform his or her duties pursuant to the Administrative Monetary Penalty System; “Hearing Officer” means any person who is appointed by the City 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 Parking Administrative Penalty By-law; “Municipal Freedom of Information and Protection of Privacy Act” means the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M. 56, as amended from time to time, or any successor thereof; “Parking Administrative Penalty By-law” means By-law No. 2019-039 of the City, as amended from time to time, or any successor thereof; “Penalty Notice” means a penalty notice as described in Section 4.0 of the Parking Administrative Penalty By-law; “Person” includes an individual or a corporation; “Screening and Hearing Officer By-law” means By-law No. 2019-040 of the City, as amended from time to time, or any successor thereof; “Screening Officer” means any person appointed by the City from time to time pursuant to the Screening and Hearing Officer by-law, to performs the functions of a Screening Officer in accordance with the Screening and Hearing Officer By-law and the Parking Administrative Penalty By-law 3.SCOPE: This Policy applies to all financial management and reporting responsibilities and accountabilities regarding AMPS. All persons responsible for administering the AMPS program, as well as Screening Officers and Hearing Officers, shall comply with this Policy. 2 of 6 4 - 21 Policy No: Policy Title: The City has established a number of financial management policies and procedures which, along with proactive financial planning processes, provide a framework for the City’s overall fiscal planning and management. The City continues to display financial accountability through regular, thorough and transparent financial performance reporting and analysis. This will be reflected in routine reporting on AMPS financial results, as well as efficiency and effectiveness measures of the AMPS programs and services. POLICY APPLIES TO THE FOLLOWING: All Employees All Full-Time EmployeesAllUnion ManagementC.U.P.E. 68Civic Non UnionC.U.P.E. 68 Mechanics TemporaryC.U.P.E. 791 StudentI.B.E.W. 636 Part-Time EmployeesK.P.F.F.A. Specified Positions only: Other: CouncilLocal Boards & Advisory Committees 4.POLICY CONTENT: 1.1General Financial Management and Reporting Preparation of the City’s budget revolves around priority setting that reflects the City’s Strategic Plan, Council priorities, service delivery objectives and standards and historical financial performance; all balanced with the need for prudent financial management. Priority setting and budgeting with respect to AMPS shall be the responsibility of By-law Enforcement Services. Through the process of current financial management and reporting for AMPS, By-law Enforcement Servicesshall: a)reviewand monitor current year actual, budgeted and projected financial performance and operating results; b)proactively compare program financial activity with past performance to identify trends, issues and opportunities; c) determine priorities for maintaining and improving AMPS program services levels; d)review and develop long-term plans for AMPS; e)identify and mitigate factors impacting the AMPS budget and financial performance, such as inflation, fixed costs and legislative requirements that are beyond the control of City decision-makers; 3 of 6 4 - 22 Policy No: Policy Title: f)comply with all corporate reporting standards and requirements as part of the City’s financial management and reporting processes; g)ensure all necessary financial signing authorities are in place and followed by all staff involved in AMPS administration; and h)comply with all City procurement policies and procedures in regard to AMPS 1.2Payment of a Penalty Notice Any person issuing a Penalty Notice for an infraction of a Designated By-law is not permitted to accept payment for an Administrative Penalty. Hearing Officers are prohibited from directly accepting any payment from any Person in respect of a Penalty Notice. City employees shall ensure compliance with corporate and/or departmental cash/payment handling procedures for financial stewardship. 1.2.1Methods of Payment Following the issuance of a Penalty Notice, the Person is permitted to make a voluntary payment by using one of the following methods: a)Online using VISAorMasterCard at www.kitchener.ca (subject to a nominal processing fee) b)In person at the By-law Enforcement Office – 33 Ontario St. N., Kitchener OR at Kitchener City Hall, 200 King St. W., Kitchener During regular business hours Monday – Friday from 8:30am-5:00pm Payment may be made by cash, cheque, money order or debit card c) By mail using cheque or money order only. The Penalty Notice number must be written on the front of the cheque or money order and shall be made payable to The Corporation of the City of Kitchener Mail to: The Corporation of the City of Kitchener Revenue Division 200 King St. W., P.O. Box 9058 Kitchener, ON N2G 4Y2 4 of 6 4 - 23 Policy No: Policy Title: Payment is not considered made until received by the City. Persons must allow sufficient mailing time for payments and should not send cash by mail. Post- dated cheques or payment by installations (unless otherwise agreed by the Director) are not accepted. A fee will be applied for any Non-Sufficient Funds, cancelled or reversed payment, in accordance with the City’s Fees and Charges By-law. 1.2.2Processing Payments Payments will be processed as follows: a)Online The Person enters their Penalty Notice and related information into the system and makes a payment with their credit card information. Once the transaction is processed and approved, the Person may print a receipt of payment as proof of payment for their records. b)In Person Apply the appropriate method of payment to the Penalty Notice. The Person is provided with a receipt of payment for their records. c) By Mail Apply the cheque or money order payment to the Penalty Notice. A receipt is not provided when using this method of payment. Upon receipt of a Penalty Notice payment, a City employee will apply the payment to a specific Penalty Notice in the Ticket Tracersystem connected to the City’s Point-of-Sale terminals. Unless otherwise agreed by the Director, partial payments will not be accepted. The Penalty Notice will reflect “paid” status. A Person’s credit card information is not kept by the City’s system, in accordance with the Municipal Freedom of Information and Protection of Privacy Act. 1.2.3Refund of Payment If a Person has paid any Administrative Fee in respect of a Penalty Notice, and the Administrative Fee or part thereof is later cancelled or reduced by a Screening Officer or Hearing Officer, the City shall refund the Administrative Fee or part thereof cancelled or reduced, to the Person. 1.3Administrative Fees 5 of 6 4 - 24 Policy No: Policy Title: Various Administrative Fees may be payable by a Person with a Penalty Notice as set out in the Parking Administrative Penalty By-law. Where applicable, such fees shall be paid in addition to the Administrative Penalty. COMPLIANCE 1.4In cases of Policy violation, the City may investigate and determine appropriate corrective action. 5.HISTORY OF POLICY CHANGES n/a Formal Amendments n/a 6 of 6 4 - 25 Schedule “D” Policy No: POLICY Approval Date: Policy Title: Public Complaints Respecting the Reviewed Date: Administration of the Administrative Monetary Next Review Date: Penalty System Reviewed Date: Policy Type: COUNCIL Last Amended: Category: Governance Replaces: Sub-Category:Council Author: Director, By-law Enforcement Repealed: Replacedby: Dept/Div:CSD – By-law Enforcement Related Policies, Procedures and/or Guidelines: Municipal Act, 2001 Parking Administrative Penalty By-law Screening and Hearing Officer By-law AMPS Program Policies and Procedures 1.POLICY PURPOSE: Ontario Regulation 333/07 made under the Municipal Act, 2001 requires a municipality establishingan Administrative Monetary Penalty System (AMPS) to develop a policy to address public complaints regarding the administration of AMPS. The purpose of this Policy is to provide a process for public complaints regarding the administration of AMPS and to ensure that AMPS remains an open, transparent, accessible, responsive, accountable, efficient and effective system for parking enforcement in the City of Kitchener, and that any public complaints are addressed in a timely and responsible manner. 2.DEFINITIONS: “Administrative Fee” means any fee specified in the Parking Administrative Penalty by- law; “Administrative Penalty” means an administrative penalty established by the Parking Administrative Penalty By-law for a contravention of a Designated By-lawas defined therein; 1 of 5 4 - 26 Policy No: Policy Title: “AMPS” means Administrative Monetary Penalty System; “City” means The Corporation of the City of Kitchener; “Clerk” means the City Clerk, or anyone designated by the Clerk to perform his or her duties pursuant to the AdministrativeMonetary Penalty System; “Council” means the Council of the City; “Designated Complaints Investigator” means the Director of By-law Enforcement Servicesor the City Solicitor, or his or her designate; “Hearing Officer” means any person who is appointed by the City 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 Parking Administrative Penalty By-law; “Hearing Review” means the process related to review of a screening decision, as set out in Section 6.0 of the Parking Administrative Penalty By-law; “Integrity Commissioner” means the Integrity Commissioner as appointed by City Council from time to time; “Municipal Freedom of Information and Protection of Privacy Act” means the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990. c. M. 56, as amended from time to time, or any successor thereof; “Parking Administrative Penalty By-law” means By-law No. 2019-039, as amended from time to time, or any successor thereof; “Penalty Notice” means a penalty notice issued pursuant to Section 4.2 of the Parking Administrative Penalty By-law; “Screening and Hearing Officer By-law” means By-law No. 2019-040, as amended from time to time, or any successor thereof; “Screening Officer” means any person who is appointed by the City 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 Parking Administrative Penalty By-law; “Screening Review” means the process related to review of a Penalty Notice, as set out in Section 5.0 of the Parking Administrative Penalty By-law 3.SCOPE: This Policy applies to all publiccomplaints, informal or formal, regarding the administration of the AMPS program and applies to all administrative actions and 2 of 5 4 - 27 Policy No: Policy Title: functions of all City employees and other individuals responsible for the administration of AMPS, and to all public complaints regarding Screening Officers or Hearing Officers. All individuals responsible for administering the AMPS program shall be responsible for adherence to this Policy. Any public complaint filed pursuant to this Policy in regards to the administrative actions of a City employee, Screening Officer or Hearing Officer under AMPS shall be referred to the Designated Complaints Investigator. Screening Officers and Hearing Officers do not have jurisdiction to consider questions relating to the validity of a statute, regulation or by-law or the constitutional applicability or operability of a statute, regulation or by-law. Any such complaints will not be processed under this Policy. This Policy is not intended to: (a)Operate as an appeal mechanism to reverse or alter any decision of a Screening Officer or Hearing Officer; or (b)Replace other specific City programs, policies/procedures, legislative processes, or legal processes available to the public to address public concerns with AMPS or with the outcome of a Screening Review or Hearing Review. POLICY APPLIES TO THE FOLLOWING: All Employees All Full-Time EmployeesAllUnion ManagementC.U.P.E. 68 Civic Non UnionC.U.P.E. 68 Mechanics TemporaryC.U.P.E. 791 StudentI.B.E.W. 636 Part-Time EmployeesK.P.F.F.A. Specified Positions only: Other: CouncilLocal Boards & Advisory Committees 4.POLICY CONTENT: 4.1General Provisions A public complaint shall be processed using the following framework: (a)Unless otherwise set out in this Policy, all public complaints regarding the administration of AMPS shall be submitted to the Designated Complaints Investigator, who may investigate and, if applicable, determine appropriate corrective action; 3 of 5 4 - 28 Policy No: Policy Title: (b)Any complaint regarding a member of Council in respect of the administration of AMPS shall be submitted and processed in accordance with the Council Code of Conduct; (c) Any complaint regarding a Hearing Officer shall be referred by the Designated Complaints Investigator to the General Manager of Community Services; (d)A public complaint submitted pursuant to this Policy must be in writing, using the form(s) as may be prescribed by the Designated Complaints Investigator from time to time, complete with all required information, including the name andfull contact information of the complainant, and be sent to the Designated Complaints Investigatorwithin 30 calendar days of the date of the event for which the complaint is being made. Incomplete complaint forms or forms submitted after the 30 calendar day period may not be processed, at the discretion of the Designated Complaints Investigator; (e)All complaints shall be treated as confidential by the City and shared only as required to investigate the complaint, respecting personal information privacy and confidentiality in accordance with the Municipal Freedom of Information and Protection of Privacy Act; (f)The Designated Complaints Investigator may refuse to address or process any public complaint that is deemed by the Designated Complaints Investigatorto be frivolous, vexatious, trivial or made in bad faith, or not within the scope of this Policy. The Designated Complaints Investigator shall notify the complainant in writing, and provide the complainant with a reasonable opportunity to make written submissions, prior to determining a complaint to be frivolous, vexatious, trivial or made in bad faith. Any such decision shall be communicated to the complainant in writing with reasons; (g)Where possible, at the discretion of the Designated Complaints Investigator, attempts will be made to address public complaints through an informal resolution process before proceeding to a formal resolution process; (h)Any resolution, formal or informal, of a public complaint will be addressed by a written response from the Designated Complaints Investigator to the person filing the complaint; (i)A public complaint sustained through a review cannot be used as the basis to change or void a decision of a Screening Officer or Hearing Officer, including any Administrative Penalties and Administrative Fees due or paid; and (j)The Designated Complaints Investigator will report annually on the summary of public complaints filed and addressed in respect of AMPS. 4.2 Anonymous Complaints 4 of 5 4 - 29 Policy No: Policy Title: Complaints that are anonymous will not be accepted. 4.3 Withdrawing a Complaint A complainant may withdraw his/her complaint by so requesting in writing to the Designated Complaints Investigatorat any time. COMPLIANCE 4.4In cases of Policy violation, the City may investigate and determine appropriate corrective action. 5.HISTORY OF POLICY CHANGES Administrative Updates n/a Formal Amendments n/a 5 of 5 4 - 30 Schedule “E” Policy No: POLICY Approval Date: Policy Title: Undue Hardship in Relation to the Administration of the Reviewed Date: Administrative Monetary Penalty System (AMPS) Next Review Date: Reviewed Date: Policy Type: COUNCIL Category: Governance Last Amended: Sub-Category:Council Replaces: Author: Director, By-law Enforcement Repealed: Replacedby: Dept/Div:CSD – By-law Enforcement Related Policies, Procedures and/or Guidelines: Municipal Act, 2001 O. Reg. 333/07 Municipal Freedom of Information and Protection of Privacy Act Parking Administrative Penalty By-law Screening and Hearing Officer By-law AMPS Program Policies and Procedures 1.POLICY PURPOSE: Ontario Regulation 333/07 made under the Municipal Act, 2001requires a municipality establishing an Administrative Monetary Penalty System (AMPS) to have procedures that permit persons to be excused from paying all or part of the administrative penalty, including any administrative fees, if requiring them to do so would cause undue hardship. The Parking Administrative Penalty By-law provides discretion to Screening Officers and Hearing Officer to cancel, reduce or extend time for payment of Administrative Penalties and Administrative Fees where the Officer determines it is necessary in order to reduce undue hardship. This Policy is intended to provide guidelines to Screening Officers and Hearing Officers inexercising their discretion in accordance with the By-law. It is not intended to provide criteria for establishing undue hardship in respect of other City programs or services. 2.DEFINITIONS: “Administrative Fee” means any fee specified in the Parking Administrative Penalty By- law; 1 of 4 4 - 31 Policy No: Policy Title: “Administrative Penalty” means an administrative penalty established by the Parking Administrative Penalty By-law for a contravention of a Designated By-law as defined therein; “AMPS” means Administrative Monetary Penalty System; “City” means The Corporation of the City of Kitchener; “Financial Hardship” means a significant financial difficulty or expense and focuses on the resources and circumstances of the Person owing an Administrative Penalty or Administrative Fee, in relation to the cost or difficult of paying the Administrative Penalty or Administrative Fee; “Hearing Officer” means any person who is appointed by the City 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 Parking Administrative Penalty By-law; “Hearing Decision” means a notice which contains the decision of a Hearing Officer, as set out in Section 6.14 of the Parking Administrative Penalty By-law; “Hearing Review” means the process related to review of ascreening decision, as set out in section 6.0 of the Parking Administrative Penalty By-law; “Municipal Freedom of Information and Protection of Privacy Act” means the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990. c. M. 56, as amended from time to time, or any successor thereof; “Parking Administrative Penalty By-law” means By-law No. 2019-039 of the City, as amended from time to time, or any successor thereof; “Penalty Notice” means a penalty notice as described in Section4.0 of the Parking Administrative Penalty By-law; “Person” includes an individual or a corporation; “Records Retention By-law” means a by-law of the City providing for the classification retention and/or disposition of records, as amended from time to time, or any successor thereof; “Screening Review” means the process related to review of a Penalty Notice, as set out in section 5.0 of the Parking Administrative Penalty By-law; “Screening Decision” means a notice which contains the decision of a Screening Officer, as set out in Section 5.8 of the Parking Administrative Penalty By-law; 2 of 4 4 - 32 Policy No: Policy Title: “Screening Officer” means any person appointed by the City 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 Parking Administrative Penalty By-law; and “Undue Hardship” means financial hardship, or other extenuating circumstances based on compassionate grounds 3.SCOPE: This Policy applies to Screening Officers and Hearing Officers in the conduct of a Screening Review and a Hearing Review, respectively, pursuant to the Parking Administrative Penalty By-law. POLICY APPLIES TO THE FOLLOWING: All Employees All Full-Time EmployeesAllUnion ManagementC.U.P.E. 68 Civic Non UnionC.U.P.E. 68 Mechanics TemporaryC.U.P.E. 791 StudentI.B.E.W. 636 Part-Time EmployeesK.P.F.F.A. Specified Positions only: Other: CouncilLocal Boards & Advisory Committees 4.POLICY CONTENT: 1.1 Process In accordance with the Parking Administrative Penalty By-law, a Screening Officer or Hearing Officer: (a)May cancel, reduce or extend the time for payment of an Administrative Penalty and/or any Administrative Fee, where the Screening Officer or Hearing Officer is satisfied, on a balance of probabilities, that the cancellation, reduction or extension of time for payment is necessary to reduce Undue Hardship; and (b)Will consider and satisfy themselves at the Screening Review or Hearing Review as to the authenticity/credibility of any oral or documentary evidence provided, in respect of Undue Hardship, and will include an assessment of such evidence in their decision. 3 of 4 4 - 33 Policy No: Policy Title: 1.2Documentation to support Financial Hardship A Person who wishes to seek relief pursuant to the Parking Administrative Penalty By-law on the basis of Financial Hardship should bring documentation to support their claim to the Screening Review or Hearing Review. Examples of documents that may be considered in relation to Financial Hardship include, but are not limited to: (a)Old Age Security; (b)Canada Pension; (c) Guaranteed Income Supplement; (d)Disability Pension; (e)Ontario Student Assistance Program; or (f)Any other form of social assistance A Screening Officer or Hearing Officer may also consider the oral evidence provided by the Person in relation to Financial Hardship. 1.3Records Retention All information and documentation provided in support of financial hardship shall be treated in a confidential manner, in accordance with the Municipal Freedom of Information and Protection of Privacy Act. Photocopies of the documentation may be required and attached to the Screening Decision and/or Hearing Decision record and will be retained according to the City’sRecords Retention By-Law. COMPLIANCE In cases of Policy violation, the City may investigate and determine appropriate corrective action in accordance. 5.HISTORY OF POLICY CHANGES Administrative Updates n/a Formal Amendments n/a 4 of 4 4 - 34 Schedule “F” Policy No: POLICY Approval Date: Policy Title: Recruitment and Selection of Screening and Hearing Reviewed Date: Officers Next Review Date: Policy Type: COUNCIL Reviewed Date: Category: Governance Last Amended: Sub-Category:Council Replaces: Author: Director, By-law Enforcement Repealed: Dept/Div:CSD-By-law Enforcement Replacedby: Related Policies, Procedures and/or Guidelines: Municipal Act, 2001 Procedure By-Law Code of Conduct for Members of Council Code of Conduct for Members of Advisory Committees 1.POLICY PURPOSE: The purpose of the policy is to provide a consistent and transparent framework for the selectionand appointment of Screening Officers and Hearing Officers and to act as a guide for appointees. 2.DEFINITIONS: “City” means The Corporation of the City of Kitchener; “Clerk” means the City Clerk, or anyone designated by the Clerk to perform his or her duties relating to AMPS; “Council” means the Council of the City; “Hearing Officer”means 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 Parking Administrative Penalty By- law; 1 of 5 4 - 35 Policy No: Policy Title: “Joint Panel” means a 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; “Parking Administrative Penalty By-law”means By-law No. 2019-039 of the City, as amended from time to time, or any successor thereof; “Relative”includes any of the following persons: a)spouse, common-law partner, or any person with whom the person is living as a spouse outside of marriage; b)Parent or legal guardian; c)child, including a step child and grandchild; d)siblings and children of siblings; e)aunt, uncle, niece and nephew; f)in-laws, including mother, father, sister, brother, daughter and son; or g)any person who lives with the person on a permanent basis “Screening and Hearing Officer By-law”means By-law No. 2019-040of the City, as amended from time to time, or any successor thereof; “Screening Officer”means 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 Parking Administrative Penalty By-law 3.SCOPE: This Policy applies to the selection and appointment of Screening Officers and Hearing Officers for the purposes of AMPS in relation to parking. POLICY APPLIES TO THE FOLLOWING: All Employees All Full-Time EmployeesAllUnion ManagementC.U.P.E. 68 Civic Non UnionC.U.P.E. 68 Mechanics TemporaryC.U.P.E. 791 StudentI.B.E.W. 636 Part-Time EmployeesK.P.F.F.A. Specified Positions only:Other: CouncilLocal Boards & Advisory Committees 2of 5 4 - 36 Policy No: Policy Title: 4.POLICY CONTENT: 1.1Appointment of Screening Officers In accordance with the Screening and Hearing Officer By-law, Screening Officers shall be appointed by the Clerk in consultation with the City Solicitor. Except where ineligible or where the Clerk, in consultation with the City Solicitor otherwise determines that the person has demonstrated an inability to comply with City 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 following positions of By-law Enforcement Assistant (as that position may be renamed from time to time) may be designated by the Clerk as Screening Officers. The following persons are noteligible for appointment as Screening Officers: 1)A member of Council; 2)A Relative of a member of Council; 3)A person indebted to the City, other than: a)In respect of current property taxes; or b)Pursuant to an agreement with the City, where the person is in compliance with the terms thereof The Clerk, in consultation with the City Solicitor, may revoke the appointment of a By-law Enforcement Information Officeras 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 City Solicitor, to be unable to carry out the duties related to AMPS in a fair and impartial manner or to comply with City Policies or procedures. 1.2Recruitment of Hearing Officer(s) The City 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: 1.2.1Joint Panel A Joint Panel is hereby established, to carry out the duties of the Joint Panel as contemplated by the Screening and Hearing Officer By-law and in this Policy. The Joint Panel shall be comprised of the following representatives of the City of Kitchener and the City of Waterloo: a)City Solicitor or designate (Kitchener and/or Waterloo – provided that at least 1 such person is on the panel); b)City Clerk or designate (Waterloo); and c) Director of Human Resources or designate (Kitchener) 1.2.2Eligibility 3 of 5 4 - 37 Policy No: Policy Title: The following persons are noteligible to be appointed or to remain as Hearing Officer(s): a)A member of Council; b)A Relative of a member of Council; c) An employee of the City; d)A person indebted to the City, other than: i)In respect of current property taxes; or ii)Pursuant to an agreement with the City, where the person is in compliance with the terms thereof 1.2.3Application and Review Process Application Process The recruitment of Hearing Officer(s) will be carried out as a joint initiative of the City of Waterloo and the City of Kitchener. Hearing Officer(s) postings will be published by the City of Kitchener and the City of Waterloo. The posting will outline the role of the Hearing Officer(s) and eligibility criteria. All applicants must complete an application form in the form as determined by the City of Kitchener and the City of Waterloo. The application form will be provided onthe City of Kitchener and CityofWaterloo websites, and at the By-law Enforcement Office of the City of Kitchener andLegislative Services Division of the City of Waterloo. Review and Appointment All applications received by the established deadline will be forwarded to the Joint Panel which will be responsible for reviewing the applications and recommending appointments to Council. The applicantreviewprocesswill be completed in camera as the process involves reviewing personal information of the applicants. TheJoint Panel will make recommendations to Council. Council will consider the recommendations and appoint Hearing Officer(s) by by-law. The Human Resources Division of the City of Kitchener and the Legislative Services Divisionof the City of Waterloowill jointly notify all applicants of the decision of the Councilsandwill retainall applicationsaccording to their applicable Retention By-Law. Other AMPS Programs Should the City decide to expand the AMPS Program(s) to matters other than parking, Council may, but is not required to, expand the duties of and appoint any existing Hearing Officer(s) for that purpose. 4 of 5 4 - 38 Policy No: Policy Title: 1.2.4Nature of Hearing Officer(s) Position and Term Hearing Officer(s) are independent, and are not City employees. Hearing Officer(s) maybe required to enter into a contract with the City 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 asuccessor is appointed. 1.2.5Revocation of Appointment Council may revoke the appointment of a Hearing Officer at any time, on the recommendation of theJoint Panel, in accordance with the Screening and Hearing Officer By-law. COMPLIANCE: 1.2.6In cases of policy violation,the City may investigate and determine appropriate corrective action. 5.HISTORY OF POLICY CHANGES Administrative Updates n/a Formal Amendments n/a 5 of 5 4 - 39