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bhi BRAMPTON nt J0poundpound Flower City City Council The Corporation of the City of Brampton

BRAMPTON CITY COUNCIL

Date May 92014 hatc Mj 2t26itf

File L30

Subject Supplementary Report - Bramptons Administrative Monetary Penalty System (AMPS)

Contact Peter Fay City Clerk Corporate Services 9058742172

Overview

At its April 23 meeting Council deferred consideration of a staff report at the request of staff on the implementation of the Administrative Monetary Penalty System (AMPS) for the enforcement processing and resolution of parking by-law infractions through an administrative process permitted under the Municipal Act 2001 as an alternative to the processing of parking tickets through Provinciai Offences Act (POA) Part II judicial process

Deferral was necessary due to a paper supply issue for Penalty Notices to

be issued under AMPS for the Citys new handheld ticketing units The paper supply has been resolved and staff now recommend that the AMPS program go live as of June 22014

For clarity this supplementary report recommends receipt of the April 10 staff report and adoption of the original recommendations set out in that report amended to implement AMPS on June 2 2014

Recommendations

1 That the report dated May 9 2014 from P Fay City Clerk Corporate Services to the City Council meeting of May 21 2014 re Supplementary Report - Bramptons Administrative Monetary Penalty System (AMPS) be received

2 That the report dated April 10 2014 from P Fay City Clerk Corporate Services to the City Council meeting of May 21 2014 re Status Report - Bramptons Administrative Monetary Penalty System (AMPS) be received

3 That by-laws be passed substantially as set out in Appendix 1 to amend By laws 333-2013 334-2013 and 335-2013 passed by City Council on December 11 2013 to establish the AMPS program to set the effective date for the AMPS

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program implementation as June 2 2014 as well as provide for a number of housekeeping amendments to the respective AMPS By-laws

4 That the City Clerk be authorized to execute an agreement with the Ministry of Transportation (MTO) for City access to the MTO ARIS database for registered vehicle owner information to administer the AMPS program with the agreement based on content approved by the City Clerk and in a form approved by the City Solicitor

5 That the AMPS policy set out in Appendix 2 titled Prevention of Political Interference in the Administrative Monetary Penalty System be added to the list of City of Brampton polices by-laws and protocols which form part of the Mayor and Members of Council Code of Conduct system and

6 That Schedule I of By-law 380-2003 as amended be revised as set out in Appendix 3 to include the application of convenience fees for telephone or online payments for AMPS Penalty Notices including administrative penalties and administrative fees

Background

Staff continue the implementation of the necessary work plan to establish the proposed AMPS program in 2014 The AMPS program is based on a system of Penalty Notice (ie parking tickets) review by a Screening Officer and if necessary a Hearing Officer Provincial legislation requires that the AMPS program have specific policies adopted by the municipality in support of AMPS as well as specific public and administrative procedures to administer the program

The report prepared for the April 23 Council meeting provided a further status update on progress towards program implementation including policies and procedures in development and additional housekeeping by-law amendments to ensure the AMPS program becomes effective as of May 5 2014 However prior to the April 23 Council meeting the City could not confirm the necessary thermal paper supply for the AMPS handheld ticket units The Citys original supplier of ticket paper has closed their business In response Enforcement staff proceeded to establish a contract with the second lowest bidder during the competitive procurement process That Purchase Order is now in place and the thermal paper has been confirmed and provided to the City finished to the Citys specifications (ie back of ticket paper will be printed with key reference and contact information given paper will be used for both new AMPS Penalty Notices and some Part II parking tickets)

The enabling legislation states once a municipality has established an AMPS program it cannot revert back to a Part II POA parking ticket process Therefore if the go-live date for AMPS remained at May 5 as originally recommended by staff and without a paper supply to issue AMPS tickets the City could not continue to issue Part II parking tickets in the interim period and would be precluded from effectively issuing tickets until the paper supply was resolved This necessitated a deferral of this matter at the April

23 Council meeting to the May 21 meeting to enable the paper supply to be resolved With the paper supply now resolved the AMPS program can proceed and staff is recommending a go-live date of June 2 2014

Current Situation

With the thermal paper supply now resolved for the AMPS handheld parking tickets the City is ready to proceed with implementation of AMPS

The original staff recommendations are presented in this report as amended for the June 2 2014 go-live date for Council adoption

Public notice was provided for the April 23 Council meeting for an amendment to the User Fee By-law to enable administrative charges for telephone and online payment of AMPS Penalty Notices No one attended the April 23 Council meeting to speak to this matter In accordance with the Procedure By-law no further notice is required for a matter that is deferred as in this case

Corporate Implications

Financial Implications

The implementation of AMPS in 2014 is being assumed within existing departmental budgets except for a $50000 capital budget approved by Council in 2013 to ensure the technology solutions are in place

Other Implications

Staff from across Corporate Services continue to work towards this new program delivery Partnerships with other departments are being used to implement this collaborative initiative

Strategic Plan

This report achieves the Strategic Plan priorities of Corporate Excellence and Community Engagement by progressing towards implementation of a more effective efficient and client-accessible system for administering parking enforcement matters in the City

Conclusion

This supplementary report recommends Council proceed to implement AMPS as of June 2 2014 to provide a more effective efficient and customer-service driven process to assist the municipality in regulating the flow of traffic and use of land including the Citys road network by promoting compliance with City by-laws respecting the parking standing or stopping of vehicles

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Peter Fay Peter Simmons

City Clerk Chief Corporate Services Officer Corporate Services

Appendices

Appendix 1 - draft by-law amendment to AMPS by-laws Appendix 2 - draft AMPS program policies Appendix 3 - proposed Amendment to Portion of Schedule User Fee By-law 380shy

2003

Report authored by Peter Fay City Clerk Corporate Services 905-874-2172

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THE CORPORATION OF THE CITY OF BRAMPTON

BY-LAW

Number

A By-law to amend the Administrative Penalty By-law 333-2013

Recitals

Council for the City of Brampton adopted the Administrative Penalty By-law 333shy2013 (the By-law)on December 112013

The By-law was enacted with a provision that it would come into force and effect on a date to be decided upon by Council

The Administrative Penalty System is scheduled to come into force on June 2 2014

Council considers that it is desirable and appropriate to amend the By-law in order for it to come into force and effect on June 2 2014 and also to make several minor revisions

NOW THEREFORE the Council for The Corporation of the City of Brampton ENACTS AS FOLLOWS

1 That the Administrative Penalty By-law 333-2013 be amended by adding the following words at the end of section 5

within 15 days of the Penalty Notice Date

2 That the Administrative Penalty By-law 333-2013 be amended by renumbering section 10 to subsection 10 (1) and by adding the following subsection

10(2) Despite subsection 34 (2) for the purposes of subsection 10(1) the Administrative Penalty is due and payable on the Penalty Notice Date where a Person does not pay the Administrative Penalty within 15 days after the Penalty Notice Date

3 That the Administrative Penalty By-law 333-2013 be amended by deleting subsection 12 (2) (b) and replacing it with the following

(b) the Administrative Penalty including any administrative fees shall be deemed to be affirmed on the 16 day after the Penalty Notice Date and

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That the Administrative Penalty By-law 333-2013 be amended by renumbering section 32 to subsection 32 (1) and by adding the following subsection

32 (2) The Clerk may cancel any administrative fee without cancelling the Administrative Penalty where the fee was imposed as the result of an error made by the City

That the Administrative Penalty By-law 333-2013 be amended by deleting section 40 and replacing it with the following

40 This By-law shall come into force and effect on June 2 2014

READ a FIRST SECOND and THIRDTIME and PASSED in Council this 21st day of May 2014

S Fennell Mayor

Peter Fay City Clerk

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BY-LAW

Number

A By-law to amend the Screening and Hearings Officer By-law 334-2013

Recitals

Council for the City of Brampton adopted the Screening and Hearings Officer By law 334-2013 (the By-law) on December 112013

The By-lawwas enacted witha provision that it would come into force and effect on a date to be decided upon by Council

The Administrative Penalty System is scheduled to come into force and effect on June 2 2014

Council considers that it is desirable and appropriate to amend the By-law in order for it to come into force and effect on June 2 2014

NOW THEREFORE the Council forThe Corporation of the City of Brampton ENACTS AS FOLLOWS

1 That the Screening and Hearings OfficerBy-law334-2014 be amended by deleting section 15 and replacing it with the following

15 This By-law shall come into force and effect on June 22014


Approved as to form

S Fennell Mayor

Approved as to content


Ashy

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BY-LAW Number

A By-law to bring Into force amending By-law 335-2013 which amends Traffic by-law 93-93 by designating various parking

provisions to be enforced under the Citys Administrative Penalty By-law

Recitals

Council for the Cityof Brampton adopted by-law 335-2013 (the By-law) on December 11 2013 to amend Traffic By-law 93-93 in order to designate various parking provisions to be enforced under the Citys Administrative Penalty By-law



Council considers that it is desirable and appropriate to amend the By-law in order for it to come into force and effect on June 2 2014 and to make a minor housekeeping amendment


1 That all the references to Schedule XXXX in By-law 335-2013 and the attached Schedule be deleted and replaced with Schedule XL

2 That By-law 335-2013 be amended by deleting section 3 and replacing it with the following


READ a FIRST SECOND and THIRD TIME and PASSED in Council this 21st day of May 2014

Approved as to form

SL

S Fennell Mayor


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subject Prevention of Political Interference in the Administrative

Monetary Penalty System

EFFECTIVE June 2 2014 REPLACES PAGE

APPROVED BY PROCEDURAL UPDATES

POLICY STATEMENT

This policy is to prevent political interference in the administration of the Administrative Monetary Penalty System (AMPS)

PURPOSE

To prevent political interference of any kind in the administration of the AMPS program and to minimize and restrict opportunities for political interference intentionally or unintentionally

This policy defines what constitutes political interference in relation to the AMPS program to ensure the responsibilities of the Screening and Hearing Officers are conducted in accordance with fundamental principles of justice which include decision making and procedural independence fairness impartiality and integrity without any political interference

SCOPE

This policy applies to all elected Members of the Council of the Corporation of the City of Brampton as well as other City of Brampton officials and staff

In regard to Members of Brampton City Council this policy should be read and interpreted within the context of prevailing provincial legislation (ie Municipal Conflict of Interest Act) and the Mayor and Member of Council Code of Conduct including its related policies procedures and guidelines

PROCEDURE

Principles of Preventing Political Interference

bull No person shall attempt directly or indirectly to communicate for the purpose of influencing or interfering financially politically or otherwise with employees or other persons performing duties related to the administration of AMPS

bull No person shall attempt directly or indirectly to communicate for the purpose of influencing or interfering financially politically or otherwise a Screening Officer or Hearing Officer respecting the determination of an administrative penalty matter andor respecting a delegated power of decision in a proceeding that is or will be pending before the Screening Officer or Hearing Officer except a person who is entitled to be heard in a Screening Review or Hearing Review

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bull All persons involved with the enforcement and administration functions of the AMPS program shall endeavor to carry out such duties in a manner which upholds the integrity of the administration of justice

bull If someone attempts to influence a Screening Officer Hearing Officer or City employee engaged in the administration of the AMPS program contrary to the rules above the Screening Officer Hearing Officer or City employee as the case may be shall report the incident to the City Clerk as soon as possible No action will be taken against a Screening Officer or Hearing Officer for making any such report in good faith

Procedures may be defined by the City Clerk to address specific implementation of this policy

Implementation

bull All Members of Council shall be provided with a copy of this policy and the policy shall form part of the Mayor and Member of Council Code of Conduct

bull This policy shall form part of the orientation for all Members of Council at the start of new term of Council as well as all current and new municipal officials and staff with the potential for interaction with the AMPS program

bull This policy shall form part of the orientation for all current and new Screening and Hearing Officers and AMPS administration staff

ACCOUNTABILITY

bull Attention is brought to the fact that any interference with the AMPS program may result in charges under the Criminal Code of Canada Provincial statute or other disciplinary action

bull A Screening or Hearing Officer employee or other person performing duties related to the AMPS program under this policy shall report any attempt at political influence or interference financial political or otherwise to the City Clerk No action shall be taken against the employee or other person(s) for making any such report in good faith

bull Where any employee Screening Officer Hearing Officer or other person performing duties related to the AMPS program is contacted by a Member of Council or City official with respect to the administration of the AMPS program he or she shall immediately disclose such contact to the City Clerk in order to maintain the integrity of the AMPS program

bull A Screening Officer or Hearing Officer shall disclose any actual or perceived political interference as soon as possible to the City Clerk

ADMINISTRATION

This policy shall be administered by the City Clerks Office Corporate Services

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Corporate Policies


SECTION POLICY

SUBJECT Prevention of Political Interference in the Administrative Monetary Penalty System



REFERENCE AUTHORITIES

Municipal Act 2001 Ontario Regulation 33307 (Administrative Penalties) City of Brampton By-law 333-2013 City of Brampton By-law 334-2013

CONTACT

Peter Fay City Clerk Corporate Services 2 Wellington Street West Brampton ON L6Y 4R2 Office (905) 874-2172 Fax(905)874-2119 peterfav bramptonca

wwwbramptonca

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POLICY subject Conflict of Interest in relation to the Administration of the

AMPS Program



POLICY STATEMENT

This policy addresses conflict of interest provisions in relation to the administration of the Administrative Monetary Penalty System (AMPS) program

PURPOSE

To define what constitutes a conflict of interest in relation to the AMPS program to prevent such conflicts of interest and to redress such conflicts should they occur

This policy is to establish conflict of interest guidelines to ensure that AMPS program responsibilities are conducted in accordance with fundamental principles of justice which include judicial and prosecutorial independence fairness impartiality competence and integrity

SCOPE

This policy applies to all Screening Officers Hearing Officers and all City officials and staff involved in the administration of the AMPS program

For City staff engaged in the administration of the AMPS program the Employee Code of Conduct shall also apply in regard to the activities of an employee in the administration of the AMPS program

PROCEDURE

Appointment of Screening Officers and Hearing Officers

City By-law 334-2013 sets out the rules regarding the appointment of Screening Officers and Hearing Officers

Screening Officers are independent citizens appointed by Council to conduct Screening Reviews in the public interest

Hearing Officers are independent citizens appointed by Council to conduct Hearing Reviews in the public interest

The following persons are not eligible for appointment as a Screening Officer or Hearing Officer

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subject Conflict of Interest in relation to the Administration of the AMPS Program



(1) A Member of Council or a relative of a Member of Council A relative as defined in By-law 334-2013 is defined to include a

a Spouse common-law partner or any person with whom the person is living as a spouse outside of marriage

b Parent 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 or

(2) A person indebted to the City other than a in respect of current real property taxes or b Pursuant to an agreement with the City the terms with which the person is in

compliance

Conflict of Interest

A conflict of interest arises where a Screening Officer Hearing Officer or staff person involved in the administration of the AMPS program has a personal or business interest that conflicts might conflict or may be perceived to conflict with the interests of the AMPS program A conflict of interest could arise in relation to personal or business matters including

directorships or other employment interests in business enterprises or professional practices share ownership or beneficial interests in trusts existing professional or personal associations with a person professional associations or relationships with other organizations and personal associations with other groups or organizations or family relationships including relatives as defined in By-law 334-2013

Screening Officers must be and appear to be impartial at all times It would be inappropriate for a Screening Officer to review a Penalty Notice for a personal or business acquaintance or relative (as defined above) A conflict of interest includes an actual conflict and a potential conflict

Hearing Officers have obligations to conduct Hearing reviews in an impartial manner Hearing Officers in conducting a Hearing Review are bound by the Statutory Powers and Procedures Act as well as bound by general administrative common law principles (ie procedural fairness natural justice impartial and unbiased decision making legitimate expectation etc) Hearing

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SECTION POLICY

subject Conflict of Interest in relation to the Administration of the

AMPS Program



Officers must be and appear to be impartial at all times It would be inappropriate for a Hearing Officer to review a Screening Review Decision for a personal or business acquaintance or relative (as defined above) A conflict of interest includes an actual conflict and a potential conflict

Every Screening Officer Hearing Officer or other City staff person involved in the administration of AMPS must disclose any obligation commitment relationship or interest that could conflict or may be perceived to conflict with his or her duties to or interests in the administration of the AMPS program

Conduct of a Screening Officers and Hearing Officers

All Screening Officers and Hearing Officers shall conduct themselves in the following manner

bull with independence bull must both be and appear to be independent impartial and unbiased bull must avoid all conflicts of interest whether real or perceived and are responsible for

promptly taking appropriate steps to disclose resolve or obtain advice with respect to such conflicts when they arise

bull should not be influenced by partisan interests public opinion or by fear of criticism bull should not use their title and position to promote their own interests or the interests of

others

bull should discharge their duties in accordance with the law City By-laws and AMPS policy procedures and guidelines

bull with knowledge v bull should maintain their competence through their work by participating in training and

education courses and by seeking guidance from their colleagues and City as required bull should remain up to date on changes in the law City by-laws policy and procedure

relevant to their function

bull with conduct becoming bull are subject to ongoing public scrutiny and therefore they must 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 the AMPS program

bull should approach their duties in a calm and courteous manner when dealing with the public and others and should present and conduct themselves in a manner consistent with the dignity of the AMPS system and their appointment

bull should convey in plain language their decisions and the reasons therefore where such are required

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bull must safeguard the confidentiality of information that comes to them by virtue of their work and should not disclose that information except as required by law

bull In discharging their duties must treat those with whom they deal in a respectful and tolerant manner regardless of the gender sexual orientation race religion culture language mental abilities or physical abilities of those persons

bull with administration of natural justice paramount bull shall refrain from openly and publicly criticizing the administration of the AMPS program or

the conduct of others Screening and Hearing Officers shall recognize that only the City Clerk may speak publicly on behalf of the Citys AMPS program Any criticisms suggestions or concerns related to the AMPS program should be communicated through appropriate channels to the City Clerk

bull should deal with the tasks that come before them in a timely manner and should make themselves accessible to those requiring their services

bull must not knowingly exercise a power or function for which they have not been designated


Preventing Conflict of Interest

The keys to preventing conflicts of interest are disclosure and withdrawal from the power of decision in regard to a Screening Review or Hearing review

The need for disclosure and withdrawal from a power of decision applies to any real or perceived conflict of interest

If a Screening Officer or Hearing Officer becomes aware of any real or perceived conflict of interest in regard to a review of an administrative penalty or Screening Decision as the case may be the Screening Officer or Hearing Officer shall notify the City Clerk or designate of the conflict of interest and

in the case of a scheduled review of an administrative penalty or Screening Decision that has not yet commenced request another Screening Officer or Hearing Officer to conduct the review to avoid actual or potential conflicts of interest or in the case of a review of an administrative penalty or Screening Decision that has commenced adjourn the review and withdraw from the power of decision and advise the CityClerk or designate The City will reschedule the Screening review or Hearing Review with another Screening Officer or Hearing Officer as the case may be

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POLICY SUBJECT Conflict of Interest in relation to the Administration of the

AMPS Program



If all appointed Screening Officers andor Hearing Officers have a conflict of interest with a matter then the City Clerk shall retain another Screening Officer or Hearing Officer to handle the matter that is subject of the conflict of interest

Screening Officers and Hearing Officers are not permitted to dispute their own Penalty Notices and are expected to pay the administrative penalty for a parking infraction in a timely manner

If there are further questions or if the City Clerk or staff are looking for further guidance in regard to this policy the City Solicitor or hisher designate maybe be contacted

Addressing Conflicts if thev Occur

The Citys Employee Code of Conduct has a process to deal with breaches of the Code by employees in the administration of the AMPS program

If someone suspects that a Screening Officer or Hearing Officer conducted a Screening Review or Hearing review where there was a conflict of interest the person shall advise the City Clerk and an investigation may be conducted in accordance with that policy

Any finding of a conflict of interest shall be reported to the City Clerk by the responsible City official including any recommendation for appropriate disciplinary action up to and including revocation of appointment

Influence

No person shall attempt directly or indirectly to communicate for the purpose of influencing or interfering financially politically or otherwise with employees or other persons performing duties related to the administration of AMPS

No person shall attempt directly or indirectly to communicate for the purpose of influencing or interfering financially politicallyor otherwise a Screening Officer or Hearing Officer respecting the determination of an administrative penalty matter andor respecting a delegated power of decision in a proceeding that is or will be pending before the Screening Officer or Hearing Officer except a person who is entitled to be heard in a Screening Review or Hearing Review

Charges under the Criminal Code or Other Statutes or Regulations

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AMPS Program



Where a Screening Officer or Hearing Officer is charged with an offence under the Criminal Code of Canada or any other federal statute or regulation that is dealt with under the Criminal Code of Canada such charge shall be disclosed forthwith to the City Clerk

Where a Screening Officer or Hearing Officer is charged with an offence under other federal or provincial statutes or regulations and where continuing to perform his or her duties may erode public confidence in the administration of the AMPS program the charge shall be disclosed to the City Clerk

A determination will be made by the City Clerk as to whether or not an actual or perceived conflict of interest exists or if public confidence in the administration of the AMPS program has been compromised and if so the Screening Officer or Hearing Officer may be removed from his or her duties until the final disposition of the charge

Implementation

This policy shall form part of the orientation for all current and new Screening Officers and Hearing Officers and AMPS administration staff

ACCOUNTABILITY

All Screening Officers Hearing Officers and City staff involved in the administration of the AMPS program is accountable for implementing and abiding by this policy Accountability for interpretation of this policy in relation to a real or perceived conflict of interest shall be determined by the City Clerk

ADMINISTRATION



Municipal Act 2001 Ontario Regulation 33307 (Administrative Penalties) City of Brampton By-law 333-2013 City of Brampton By-law 334-2013 Employee Code of Conduct

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AMPS Program



CONTACT

Peter Fay City Clerk Corporate Services 2 Wellington Street West Brampton ON L6Y 4R2 Office (905) 874-2172 Fax(905)874-2119 peterfavbramptonca

wwwbramptonca

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SUBJECT Public Complaints Respecting Administration of the AMPS Program



POLICY STATEMENT

This policy is to address any public complaint regarding the administration of the Administrative Monetary Penalty System (AMPS) program

PURPOSE

To ensure the AMPS program remains an open accessible responsive accountable efficient and effective system for parking enforcement in the City of Brampton and any public complaints are addressed in a timely and responsible manner

SCOPE

This policy applies to all public complaints informal or formal regarding all aspects of the AMPS program and applies to all administrative actions and functions of all City employees and other persons responsible for the administration of the AMPS program

The Citys public complaint resolution guideline shall be used as the basis for addressing any public complaint filed under this policy in regard to the administrative actions of a City employee Screening Officer or Hearing Officer under the AMPS program

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 any statute regulation or by-law Any public complaints regarding the validity of a statute regulation or by-law or the constitutional applicability or operability of any statute regulation or by-law will not be processed through this policy

This policy is not intended to replace other specific City programs policyprocedures and legal processes available to the public to address public concerns with the AMPS program

PROCEDURE

A public complaint shall be processed in keeping with the public complaints resolution guideline including but not limited to the following

1 Any public complaint must be in writing identifying the name and full contact information of the complainant and sent to the City Clerk or delegate within 30 days in respect to the date of the event for which the complaint is being made Complaints that are anonymous will not be accepted

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2 All complaints shall be treated as confidential by the City Clerks Office respecting personal information privacy and confidentiality subject to legislative provisions

3 Any complaint regarding a Member of Council in respect of the administration of AMPS shall be processed in accordance with the Mayor and Member of Council Code of Conduct

4 The City Clerk or designate will not address or process any public complaint that is deemed by the City Clerk or designate as frivolous vexatious trivial or made in bad faith

5 A complainant may withdraw hisher complaint at any time 6 Where possible attempts will be made to address public complaints through an informal

resolution process before proceeding to a formal resolution process 7 Any deemed resolution of a formal complaint will be addressed by written response by the

City Clerk or designate to the person filing the complaint 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 penalty fines and administrative fees due or paid

8 The City Clerk will report annually as part of the annual AMPS program report on the summary of public complaints filed and addressed in respect of the AMPS program


ACCOUNTABILITY

All persons responsible for administering the AMPS program shall be responsible for implementation of this policy The City Clerk or designate unless otherwise noted shall be responsible for addressing public complaints regarding the administration of the AMPS program

ADMINISTRATION



Municipal Act 2001 Ontario Regulation 33307 (Administrative Penalties) City of Brampton By-law 333-2013 City of Brampton By-law 334-2013 Citys Public Complaint Resolution Guideline

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CONTACT

Peter Fay City Clerk Corporate Services 2 Wellington Street West Brampton ON L6Y 4R2 Office (905) 874-2172 Fax(905)874-2119 peterfavreg bramptonca

wwwbramptonca

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SUBJECT Financial Management and Reporting for the Administrative Monetary Penalty System



POLICY STATEMENT

This policy is to affirm that the City of Bramptons Administrative Monetary Penalty System (AMPS) shall follow the existing corporate policies and procedures related to financial management and reporting

PURPOSE

To ensure all financial management and reporting responsibilities related to the AMPS program conform to current corporate policies and procedures for financial management and reporting

SCOPE

This policy applies to all financial management and reporting responsibilities and accountabilities regarding the AMPS program All City employees and other persons responsible for the administration of the AMPS program shall comply with this policy

The City of Brampton has established a number of financial management policies and procedures which along with proactive financial planning processes provide a framework for the Citys overall fiscal planning and managementThe City of Brampton 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 program and services

PROCEDURE

Overall Financial Management and Reporting

Preparation of the Citys budget revolves around priority setting that reflects the Citys 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 the AMPS program shall be the responsibility of the City Clerks Office

Through the process of currentand capital financial management and reporting for the AMPS program the City Clerks Office shall

1 Review and monitor current year actual budgeted and projected financial performance and operating results

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2 Proactively compare program financial activity with past performance to identify trends issues and opportunities

3 Determine priorities for maintaining and improving AMPS program service levels These priorities are set out in the Citys service plans that translate key departmental initiatives into specific action plans and funding requirements

4 Review and develop AMPS long-term plans including a multi-year operating and capital budget analysis and projections

5 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

6 Comply with all corporate reporting standards and requirements as part of the Citys financial management and reporting processes including the Citys controllership policy

7 Ensure all necessary financial signing authorities are in place and followed by all staff involved in AMPS administration

8 Comply with all City procurement policies and procedures in regard to the AMPS program

Screening Officers and Hearing Officers are prohibited from directly accepting any payment from any person in respect of an administrative penalty Any person issuing a Penalty Notice in respect of the contravention of a designated by-law is not permitted to accept payment in respect of an administrative penalty

If a person has paid any administrative fees in respect of an administrative penalty and the penalty is subsequently cancelled by a Screening Officer or Hearing Officer the City shall refund in full such administrative fees to the person

All City employees engaged in the administration of the AMPS program shall ensure all work activities are conducted in accordance with the Employee Code of Conduct City employees shall ensure compliance with corporate andor departmental cashpayment handling procedures for financial stewardship

Methods of Payment

Following the issue of a Penalty Notice the person is permitted to make a voluntary payment by using one of the following methods

Online - AMEX Visa or Mastercard at wwwbramptonca (subject to on-line transaction fee)

In Person - Cash or Debit Card

Credit Cards - AMEX Visa or Mastercard accepted Personal ChequesCertified ChequesMoney Order (include Penalty Notice number) Overnight Drop box (located at City Hall)

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POLICY subject Financial Management and Reporting for the

Administrative Monetary Penalty System



By Phone - 311 in Brampton or 905-874-2404 Credit Cards - AMEX Visa or Mastercard accepted (subject to transaction fee)

By Mail - Payable at City Hall or Brampton POA Courthouse Personal ChequesCertified ChequesMoney Order (include Penalty Notice number)

Payment is not considered made until received by the City Persons must allow sufficient mailing time for payments Persons should not send cash by mail Post-dated cheques or payment by installations are not accepted NSF cheques will be subject to an administrative charge

Payment of Parking Offences not Subject to the AMPS Program

The Citys AMPS program does not apply to parking infractions related to accessibility matters Parking infractions related to accessibility matters will continue to be processed and prosecuted by way of Part II parking tickets under the Provincial Offences Act

AMPS Program Administrative Fees

Various administrative fees may be payable by a person with a Penalty Notice and administrative penalty due and payable as set out in AMPS By-law 333-2013

Reporting and Tracking Administrative Penalties and Administrative Fees

Upon receipt of a Penalty Notice payment a City employee will apply the payment to a specific Penalty Notice in the AutoProcess system connected to the Citys Point-of-Sale terminals The Penalty Notice will reflect paid status

The City employee will process the various methods of payment as follows

In Person

Apply the various methods of payments to the Penalty Notice Provide a person with a receipt of payment for their records

By Phone Apply the credit card payment to the Penalty Notice Provide the person a confirmation number as proof of payments for their records The persons credit card information is not kept on file in the Citys database system in keeping with corporate policy and MFIPPA requirements

By Mail

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subject Financial Management and Reporting for the Administrative Monetary Penalty System



Apply the cheque payment to the Penalty Notice Mail receipt if requested by the person

On-line

The person enters their Penalty Notice and related information into the database and makes a payment with their credit card information The person may print a receipt of payment with the confirmation number for their files


ACCOUNTABILITY

All persons responsible for administering the AMPS program shall be responsible for implementation of this policy Any person shall bring to the attention of the City Clerk any contravention of this policy

ADMINISTRATION



Municipal Act 2001 Ontario Regulation 33307 (Administrative Penalties) City of Brampton By-law 333-2013 City of Brampton By-law 334-2013 Applicable Corporate financial policies and procedures

CONTACT

Peter Fay City Clerk Corporate Services 2 Wellington Street West Brampton ON L6Y 4R2 Office (905) 874-2172 Fax (905) 874-2119 peterfavbramptonca

wwwbramptonca

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BY-LAW

Number

A By-law to amend User Fee By-law 380-2003 as amended

Recitals

Council for the City of Brampton adopted By-law 380-2003 pursuant to the MunicipalAct 2001 s 391 (1) to impose fees or charges

Council has deemed it appropriate to amend By-law 380-2003 to include a telephone and online payment convenience fee for payment of Penalty Notices under the Administrative Monetary Penalty System (AMPS)

NOW THEREFORE the Council of The Corporation of the City of Brampton ENACTS AS FOLLOWS

1 That By-law380-2003 is hereby amended by deleting portions of the Revenue Services fees included in Schedule I -Financial and Information Services Department FeesCharges regarding convenience fees for the parking tickets and Provincial Offences Act fines and substituting with the following

HST (if Total Rate

Base Rate applicable) (wHST) Convenience Expedited Service fee for Provincial Offences Act fines or Penalty Notices (including administrative penalty $500ticket $565ticket and administrative fees) paid by telephone or fine $065 or fine

Convenience fee for Parking tickets or Penalty Notices (including administrative penalty and administrative fees) paid by $250ticket $283ticket telephone or fine $033 or fine Convenience fee for Parking ticket Provincial Offences Act fines or Penalty Notices (including administrative penalty $150ticket $170ticket and administrative fees) paid on-line or fine $020 or fine


Approved as to form

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Peter Fay City Clerk Approved as to content

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program implementation as June 2 2014 as well as provide for a number of housekeeping amendments to the respective AMPS By-laws

4 That the City Clerk be authorized to execute an agreement with the Ministry of Transportation (MTO) for City access to the MTO ARIS database for registered vehicle owner information to administer the AMPS program with the agreement based on content approved by the City Clerk and in a form approved by the City Solicitor

5 That the AMPS policy set out in Appendix 2 titled Prevention of Political Interference in the Administrative Monetary Penalty System be added to the list of City of Brampton polices by-laws and protocols which form part of the Mayor and Members of Council Code of Conduct system and

6 That Schedule I of By-law 380-2003 as amended be revised as set out in Appendix 3 to include the application of convenience fees for telephone or online payments for AMPS Penalty Notices including administrative penalties and administrative fees

Background

Staff continue the implementation of the necessary work plan to establish the proposed AMPS program in 2014 The AMPS program is based on a system of Penalty Notice (ie parking tickets) review by a Screening Officer and if necessary a Hearing Officer Provincial legislation requires that the AMPS program have specific policies adopted by the municipality in support of AMPS as well as specific public and administrative procedures to administer the program

The report prepared for the April 23 Council meeting provided a further status update on progress towards program implementation including policies and procedures in development and additional housekeeping by-law amendments to ensure the AMPS program becomes effective as of May 5 2014 However prior to the April 23 Council meeting the City could not confirm the necessary thermal paper supply for the AMPS handheld ticket units The Citys original supplier of ticket paper has closed their business In response Enforcement staff proceeded to establish a contract with the second lowest bidder during the competitive procurement process That Purchase Order is now in place and the thermal paper has been confirmed and provided to the City finished to the Citys specifications (ie back of ticket paper will be printed with key reference and contact information given paper will be used for both new AMPS Penalty Notices and some Part II parking tickets)

The enabling legislation states once a municipality has established an AMPS program it cannot revert back to a Part II POA parking ticket process Therefore if the go-live date for AMPS remained at May 5 as originally recommended by staff and without a paper supply to issue AMPS tickets the City could not continue to issue Part II parking tickets in the interim period and would be precluded from effectively issuing tickets until the paper supply was resolved This necessitated a deferral of this matter at the April


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On-line



ACCOUNTABILITY


ADMINISTRATION




CONTACT


wwwbramptonca

X2-26


BY-LAW

Number


Recitals





HST (if Total Rate




Approved as to form

S Fennell Mayor


05J1UM

JkL




AMPS Program










Influence




T3-I-H



AMPS Program






Implementation


ACCOUNTABILITY


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AMPS Program



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wwwbramptonca

I3-I-W

Corporate Policies


section POLICY




POLICY STATEMENT


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PROCEDURE





section POLICY












ACCOUNTABILITY


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-X3l21

Corporate Policies


SECTION POLICY




CONTACT


wwwbramptonca



section POLICY




POLICY STATEMENT


PURPOSE


SCOPE



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T3-1-23

Corporate Policies


section POLICY














Methods of Payment





















In Person



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X3-1-ZS


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On-line



ACCOUNTABILITY


ADMINISTRATION




CONTACT


wwwbramptonca

X2-26


BY-LAW

Number


Recitals





HST (if Total Rate




Approved as to form

S Fennell Mayor


05J1UM

JkL

T3-I-H



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Implementation


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AMPS Program



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I3-I-W

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-X3l21

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T3-1-23

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In Person



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X3-1-ZS


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On-line



ACCOUNTABILITY


ADMINISTRATION




CONTACT


wwwbramptonca

X2-26


BY-LAW

Number


Recitals





HST (if Total Rate




Approved as to form

S Fennell Mayor


05J1UM

JkL




AMPS Program



CONTACT


wwwbramptonca

I3-I-W

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T3-1-23

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X3-1-ZS


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ACCOUNTABILITY


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X2-26


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Number


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HST (if Total Rate




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05J1UM

JkL

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T3-1-23

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X3-1-ZS


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ACCOUNTABILITY


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X2-26


BY-LAW

Number


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HST (if Total Rate




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S Fennell Mayor


05J1UM

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ACCOUNTABILITY


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-X3l21

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SECTION POLICY




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wwwbramptonca



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T3-1-23

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X3-1-ZS


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On-line



ACCOUNTABILITY


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wwwbramptonca

X2-26


BY-LAW

Number


Recitals





HST (if Total Rate




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S Fennell Mayor


05J1UM

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-X3l21

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SECTION POLICY




CONTACT


wwwbramptonca



section POLICY




POLICY STATEMENT


PURPOSE


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T3-1-23

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Methods of Payment





















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X3-1-ZS


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ACCOUNTABILITY


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CONTACT


wwwbramptonca

X2-26


BY-LAW

Number


Recitals





HST (if Total Rate




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S Fennell Mayor


05J1UM

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T3-1-23

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Methods of Payment





















In Person



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X3-1-ZS


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On-line



ACCOUNTABILITY


ADMINISTRATION




CONTACT


wwwbramptonca

X2-26


BY-LAW

Number


Recitals





HST (if Total Rate




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05J1UM

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T3-1-23

Corporate Policies


section POLICY














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X3-1-ZS


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On-line



ACCOUNTABILITY


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wwwbramptonca

X2-26


BY-LAW

Number


Recitals





HST (if Total Rate




Approved as to form

S Fennell Mayor


05J1UM

JkL

















In Person



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X3-1-ZS


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On-line



ACCOUNTABILITY


ADMINISTRATION




CONTACT


wwwbramptonca

X2-26


BY-LAW

Number


Recitals





HST (if Total Rate




Approved as to form

S Fennell Mayor


05J1UM

JkL

X3-1-ZS


section POLICY





On-line



ACCOUNTABILITY


ADMINISTRATION




CONTACT


wwwbramptonca

X2-26


BY-LAW

Number


Recitals





HST (if Total Rate




Approved as to form

S Fennell Mayor


05J1UM

JkL

X2-26


BY-LAW

Number


Recitals





HST (if Total Rate




Approved as to form

S Fennell Mayor


05J1UM

JkL

x3-m ££ bhi brampton flower city j**0* · appendix 3, to include the application of convenience...

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