HomeMy WebLinkAboutCSD-2023-516 - Appointment of Hearings Officers - AMPS
Community Services Department www.kitchener.ca
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: January 8, 2024
SUBMITTED BY: Gloria MacNeil, Director of Enforcement, 519-741-2200 ext. 7952
PREPARED BY: Gloria MacNeil, Director of Enforcement, 519-741-2200 ext. 7952
WARD(S) INVOLVED: All
DATE OF REPORT: December 18, 2023
REPORT NO.: CSD-2023-516
SUBJECT: Appointment of Hearings Officers Administrative Monetary
Penalties System - AMPS
RECOMMENDATION:
That Council appoint Ben Drory, Daniela Corapi, Janet Rutherford, Emile Ramlochan
and Kristine Fletcher, as Administrative Monetary Penalty System Hearing Officers
-Parking Administrative Penalty By-
laws, for a term ending December 2026, or on a date as determined by Council or
otherwise in accordance with the Ci
Hearing Officers.
That Council approve the existing per diem honorarium of $260/half day and $520/full
Administrative Penalty Program.
That -law as
they are providing a service to the City for which they will receive an honorarium; and
further,
That Council delegate authority to the City Clerk to execute an agreement, on terms
satisfactory to the City Solicitor, between the City and the respective Hearing Officers.
REPORT HIGHLIGHTS:
On August 12, 2019, Council approved the first appointment of Hearing Officers related
to the AMPS program which was a joint initiative
Waterloo.
moving forward with the expansion of the AMPS program which will now
include parking and non-parking related by-laws CSD-2023-121, resulting in the need
to replenish and expand the existing pool of Hearing Officers.
BACKGROUND:
In June 2019, the City of Kitchener went live with the Administrative Monetary Penalty
System (AMPS), which requires the appointment of Hearing Officers. On August 12, 2019,
Council approved the first appointment of Hearing Officers related to the AMPS program.
The program was developed cooperatively with the City of Waterloo and the recruitment of
Hearing officers is completed through a joint panel of Kitchener and Waterloo staff with
recommendations to Council.
REPORT:
With the launch of the expanded AMPS program which will now include parking and non-
parking related by-laws for the municipalities of Kitchener and Waterloo, staff anticipate a
need to replenish and grow the pool of available Hearing Officers. There is currently only
one Hearing Officer available for both cities which will not be sufficient to ensure both cities
can continue to meet the goal of an expedited process.
Notification of the AMPS Hearing Officer Appointment opportunity included:
KW Law Library
Waterloo Region Law Association
Social media posts
Recruitment notification email to community groups
Posting on the Society of Ontario Adjudicators and Regulators board
Municipal Law Enforcement Officers Association
City of Kitchener and Waterloo Website (Career Opportunities)
The joint panel of staff (as set out in the Council approved Appointment of Screening and
Hearing Officers Policy No. GOV-COU-2017) is responsible for reviewing the applications
Council.
The panel placed a high emphasis on those candidates that demonstrated knowledge of
administrative law and in particular experience with arbitration and adjudication.
It is recommended that Council approve the existing honorarium of $520 per day and $260
per half day, for the Hearing Officers. This rate is consistent with rates established by other
municipalities for He-law, the City
provides indemnification to persons who provide services to the municipality without
renumeration except for honorariums. In the case of the Hearing Officers, they will be paid
an honorarium for the service they provide.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Compensation for Hearings Officers (third party contractors) to adjudicate hearings will be
required and hearings will take place approximately six times per year. On this basis, staff
are forecasting an additional expense of $3,000 to $4,000, annually which will be funded
through the By-.
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. Information and public
education has been provided on our website and will be updated as required.
PREVIOUS REPORTS/AUTHORITIES:
CSD-19-008 Administrative Monetary Penalty System (AMPS)
CSD-19-010 Administrative Monetary Penalties Policies
CSD-19-022 Appointment of Hearings Officers Administrative Monetary
Penalties System AMPS
APPROVED BY: Michael May, DCAO