Committee of the Whole

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Sheila Birrell, Town Clerk

 

 

 

 

PREPARED BY:

as above

 

 

 

 

DATE OF MEETING:

2004-Mar-30

 

 

 

 

SUBJECT:

Joint Board of Management - Provincial Offences Court

 

 

 

 

 

RECOMMENDATION:

That the Town Clerk, be appointed as the Town’s representative on the Joint Board of Management for the York Region Courts (the “Board”).

 

PURPOSE:

To ensure the Town is appropriately represented at the Board level.

 

BACKGROUND:

The York Region Courts Intermunicipal Agreement, dated June 7, 1999, provides:

 

  • That a Joint Board of Management be formed composed of one representative of each of the nine lower tier municipalities and one representative of the Region of York.
  • The Region will administer the daily operation of the court on behalf of the 10 municipalities in York Region, including prosecution and administrative functions
  • The Region staff shall be directed by the Joint Board of Management.

 

The Board is to provide a forum for the municipalities to coordinate the performance of their obligations and to make recommendations regarding budgets, and provide direction to the Region in the program administration.

 

Pursuant to the Intermunicipal Agreement, the Region performs court administration and court support including but not limited to conducting prosecutions, collecting and distributing fines and maintaining adequate records and accounts for purposes of audit.  The Region is responsible for all costs of this program.  In return, York Region receives all gross revenue from charges laid

by the York Regional Police under the Highway Traffic Act.  The Area Municipalities receive all their own fine revenue generated from their by-law and Building Code charges that are required to be disbursed to the Town on a quarterly basis.  Markham also receives fine revenue from OPP


 

BACKGROUND:  (cont’d.)

charges and the revenue is distributed quarterly to each municipality based on their respective annual Regional levy.

 

ANAYLYSIS:

The Coordinator, Court Administration represents the Town of Markham on the Board.  The majority of the members of the Board are By-Law Enforcement Officers and/or Managers.  Given their current involvement in the court services area the Board, with its current membership, is not an appropriate venue for discussing staffing issues, financial issues and the hiring and firing of regional employees, which is required under the agreement.  The membership was raised at the Board level and it is recommending that the current membership be reviewed to ensure that the Board is operating as efficiently as possible.  Director level and above is considered appropriate.

 

The Region receives all fines from charges by York Region Police under The Highway Traffic Act and is responsible for all costs associated with court services.  The Provincial Offences Court administration, support and prosecution functions represent approximately $7,000,000.  This reflects an increase in expenditures of 11.55% over 2003.  Contrary to the conditions contained in the Intermunicipal Agreement, the Board was not consulted in the 2004 budget process.  Nor was it consulted when a ceiling was placed on all municipalities’ shared revenue at the 2003 level.

 

FINANCIAL CONSIDERATIONS:

As part of the 2004 Region of York budget, the Provincial Offences Act (POA) revenues that the Town will receive in 2004 will be the equivalent of the amount received in 2003--$825,000.  This amount has been incorporated in the Town’s  proposed 2004 operating budget.

 

ATTACHMENTS:

None

 

 

 

 

__________________________________                __________________________________

Sheila Birrell                                                                 Andy Taylor

Town Clerk                                                                  Commissioner of Corporate Services