April 14, 1998
To:Corporate Services Committee
From:Brenda Glover
Executive Director of Human Resources
Subject:Conditions of Employment - Council Staff Members
Purpose:
This report recommends the conditions of employment for Council staff members.
Financial Implications:
There will be financial implications in terms of the salaries and benefits for those individuals in these positions. The
funding for these positions is accommodated in the Councillor=s 1998 salary budgets.
Recommendations:
It is recommended that Council staff members (Executive Assistant, Constituency Assistant, Administrative Assistant, and
Clerical Assistant) employed:
on or before December 31, 1997, as permanent or temporary employees remain as permanent or temporary employees with
the City of Toronto.
on or before December 31, 1997, as contract employees be employed under the terms and conditions of the respective
employment contract attached as Appendix AA@ except for those employees of the former Municipality of Metropolitan
Toronto who may choose to remain on their existing contract.
on or after January 1, 1998, be employed under the terms and conditions of the respective employment contract attached as
Appendix AA@.
Background History:
City Council on January 2, 6, 8 and 9, 1998 adopted that:
each Councillor be given the latitude to hire the equivalent of three (3) full time staff from the following classifications:
Executive Assistant, Constituency Assistant, Administrative Assistant and Clerical Assistant.
on an interim basis, the salary range ($39,395-$48,149) for the Executive Assistant and the Constituency Assistant be that
of the Executive Assistant in the former Municipality of Metropolitan Toronto and the salary range for the Administrative
Assistant ($37,106-$41,783) and the Clerical Assistant ($26,747-$31,278) be that of the Administrative Assistant and the
Clerk Grade 3 position in the former Municipality of Metropolitan Toronto.
all permanent employees of the former municipalities retain their permanent employment status and those earning in
excess of the City recommended salary ranges have their salaries red-circled.
Comments:
Council staff members in the former municipalities in comparable positions to the Executive Assistant, Constituency
Assistant, Administrative Assistant and Clerical Assistant were classified as permanent, temporary or contract. The
permanent and temporary staff are either excluded or bargaining unit depending on their former municipality and position
classification.
Council staff members who are currently members of a bargaining unit will remain in the bargaining unit and will continue
to receive their existing salary and benefits pending negotiations.
The term of employment for contract Council staff members at the former Municipality of Metropolitan Toronto was until
30 days following the day on which a Councillor ceases to be a Member of the Metropolitan Council for whatever reason.
For those staff who have continued to be employed by a Councillor, their contract is still in effect. However, it is
recommended that they be given an opportunity to be employed under the terms and conditions of the contract approved by
Council, this will assist with standardizing the employment relationship of Council staff members.
The former municipalities of Metropolitan Toronto, North York, Scarborough and Toronto had employment contracts for
designated Council staff members. Appendix AB@ compares the significant employment conditions contained in the
employment contracts of those former municipalities and the proposed contract for the City of Toronto.
In addition to the employment contracts, the terms and conditions of the Council staff members were also governed by the
benefits accorded to other employees in their respective municipalities. Two significant benefits available to the former
City of Toronto Executive Assistants, but not to Council staff members of other former municipalities were:
the ability to be paid lieu time at a straight time rate to a maximum of 105 hours for all the Councillor=s Assistants.
the option to receive a cash payment in lieu of benefits.
These two benefits will not be available under the new contract. This is consistent with the principles of fairness and
equity, in terms of harmonizing benefits and salaries for all employees within the same job classification.
Conclusions:
The proposed employment contract for Council staff members will ensure the equitable treatment of staff and, in
conjunction with the establishment of a new Compensation Program, enable the City to attract and retain exceptional
employees.
Contact Name:
Brenda Glover
Executive Director of Human Resources
397-9802
Brenda Glover
Executive Director of Human Resources
Margaret Rodrigues
Commissioner of Corporate Services
This Agreement made as of the day of , 1998.
Between:
The City of Toronto
(hereinafter called ACity@)
of the First Part
-and-
__________Name_________________
(hereinafter called the AConstituency Assistant@)
Witnesseth that: of the Second Part
Whereas, as evidenced by Clause No.____of _____________Committee Report No.________
Adopted by the Council of the City at its meeting on _____________________1998, the Council approved a policy of
hiring Constituency Assistants for the Members of the Council of the City; and
Whereas, the Constituency Assistant has been appointed to act as such for Councillor________
(the ACouncillor@).
Now therefore in consideration of the premises, the parties covenant and agree as follows:
1.(1)The Constituency Assistant is hereby appointed a contract employee of the City for the period set forth in section
2, subject to termination of employment pursuant to section 5, in the capacity of Constituency Assistant in the Office of the
Councillor at Step___($_____) in Salary Grade EM1 of the Management Salary Schedule of the former Municipality of
Metropolitan in effect on December 31, 1997.
(2)The annual salary payable under subsection 1 shall be payable in the usual course less all applicable statutory
deductions, employee benefit deductions and any other payroll deductions agreed upon in writing.
(3)If the Step set forth in subsection 1 is not the maximum within the Salary Grade, the Constituency Assistant may, in
the discretion of the Councillor, have his or her salary increased to a higher step within the Salary Grade on the annual
anniversary of his or her employment as an Constituency Assistant until the maximum Step is attained.
(4)The Constituency Assistant shall be entitled to any adjustment in salary given to the permanent employees of the City
in the same Salary Grade at the same time as such an adjustment.
2.(1)The term of employment of the Constituency Assistant shall commence on the 1st day of January, 1998 and
terminate on the earlier of November 30, 2000 or the Friday next following the day on which the Councillor ceases to be a
Member of the Council of the City for whatever reason, including the Councillor=s failure to be re-elected to office.
(2)Where the employment of the Constituency Assistant terminates pursuant to subsection 1, the Constituency Assistant
will be given notice or pay in lieu of notice calculated on years of service in accordance with the formula set out in
subsections 5(2), 5(3) and 5(4).
(3)Where the employment of an Constituency Assistant terminates pursuant to subsection 1 and at the time of such
termination the Constituency Assistant is on leave by reason of Maternity Leave, or receipt of benefits under the Workplace
Safety and Insurance Act or Long-Term Disability Insurance, the Constituency Assistant shall be deemed to continue as an
employee only for the purpose of any corporate benefits to which he or she would be entitled but for such termination until
the reason for the leave no longer exists provided that the payment of such benefits does not require the City to employ the
Constituency Assistant in a position at the City on the termination of his or her leave.
3.(1)Subject to subsection 2, the Constituency Assistant shall be accorded all corporate benefits of a permanent
employee of the City in the same Salary Grade with the same deductions from salary and contributions by the City as
employer in respect thereof.
(2)For the purposes of the Ontario Municipal Employees Retirement System (O.M.E.R.S.) only the Constituency
Assistant is designated by the City as an AOther-Than-Continuous Full-Time@ employee and may elect to participate as a
member of O.M.E.R.S. only after having completed 24 months of continuous employment during which period the
Constituency Assistant:
(a) has worked at least 700 hours, or
(b) earned at least 35 per cent of the Year=s Maximum Pensionable Earnings as defined in the Canada Pension Plan.
(3)In the event that on the day immediately preceding the date of commencement of employment as an Constituency
Assistant as set forth in subsection 1, the Constituency Assistant was an employee of the former Municipality of
Metropolitan Toronto or any of the former area municipalities within the Metropolitan Area, the (AOld Municipalities@),
such employment shall be deemed to be uninterrupted and continuous with employment under this agreement for the
purposes of determining the corporate benefits of such Constituency Assistant.
4.The duties of the Constituency Assistant shall be as described in the corporate description for the position as prepared
by the Human Resources function of the City from time to time and such other duties as may be assigned by the Councillor
or assigned by the City during the period in which the Constituency Assistant continues to be employed by the City after
the date on which the Councillor ceases to be a member of the City Council pursuant to subsection 2(1).
5.(1)This agreement may be terminated immediately by the City for cause.
(2) Notwithstanding section 2, this agreement may be terminated by the City without cause at any time upon giving the
Constituency Assistant notice or pay in lieu of notice. Where the Constituency Assistant has been continuously employed
by the City of Toronto for 3 years or less, the Constituency Assistant will receive 30 days notice or pay in lieu of notice. If
the Constituency Assistant receives pay in lieu of notice, all statutory deductions will be deducted. This notice or pay in lieu
of notice includes any amount of which the Constituency Assistant may be entitled in the way of notice of termination
under the Ontario Employment Standards Act.
(3)Where the Constituency Assistant has been continuously employed by the City of Toronto for greater than 3 years, the
period of time specified in subsection 2 shall be 45 days instead of 30.
(4)If the Constituency Assistant has been continuously employed by the City of Toronto for a period of five years or
more, the Constituency Assistant will receive severance pay in accordance with the Employment Standards Act in the event
of a termination under subsection 5(3).
6.(1)Except for such amounts as may be payable under the terms of employment to any employee of the City who
resigns, no additional amount shall be paid by the City to the Constituency Assistant if his or her employment terminates
(a) for cause as provided for in subsection 5(1); or
(b) by reason of his or her resignation.
(2)Where the Constituency Assistant ceases to be employed as such, but continues to be employed by the City in another
position, such employment shall be deemed to be uninterrupted and continuous with employment under this agreement.
7. The Constituency Assistant agrees that the salary, benefits and other terms and conditions of employment provided for
in this agreement can be either increased or decreased by the City during the term of employment consistent with any
changes applicable to permanent employees of the City in the same Salary Grade arising out of the City=s job evaluation or
benefit rationalization process.
8.The Constituency Assistant shall comply with and be bound by all rules applicable to permanent employees of the City
respecting disclosure of interest, codes of conduct, and confidential information acquired by the Constituency Assistant in
the course of his or her employment hereunder.
9.(1)This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and
cancels and supersedes any prior understanding and agreements between the parties hereto or between the Constituency
Assistant and one of the Old Municipalities with respect thereto. There are not representations, warranties, terms,
conditions, undertakings or collateral agreements, express, implied or statutory between the parties other than as expressly
set forth in this agreement.
(2)No amendment to this agreement shall be valid or binding unless set forth in writing and duly executed by both of the
parties hereto. No waiver of any breach of any provisions of this agreement shall be effective or binding unless made in
writing and signed by the part purporting to give the same and unless otherwise provided in the written waiver, shall be
limited to the specific breach waived.
(3)This agreement is personal to the Constituency Assistant and may not be assigned by the Constituency Assistant.
(4)All notices, requests or other communications by the terms hereof required or permitted to be given by one party to
another shall be given in writing by registered mail, postage prepaid addressed to the other party or delivered to the other
party as follows:
TO THE CONSTITUENCY ASSISTANT AT:_____________________
_____________________
_____________________
_____________________
_____________________
TO THE CITY AT:Station 1071, 7th floor, Metro Hall
55 John Street, Toronto, Ontario
M5V 3C6
Attention: City Clerk
or such address as may be given by either of them to the other in writing from time to time and such notices, requests,
demands, acceptances and other communication shall be deemed to have been received on the day of delivery, if delivered
or if mailed, on the third business day after of the mailing thereof.
In Witness Whereof the City has hereunto affixed its corporate seal attested to by the hands of its officers in that
behalf duly authorized and the Constituency Assistant by his or her signature respectively.
Signed, Sealed and Delivered)The City of Toronto
in the presence of )
)
)________________________
)
)________________________
)
)
)Constituency Assistant
)
__________________________)_________________________
Witness)
This Agreement made as of the day of , 1998.
Between:
The City of Toronto
(hereinafter called ACity@)
of the First Part
-and-
__________Name_________________
(hereinafter called the AAdministrative Assistant@)
Witnesseth that: of the Second Part
Whereas, as evidenced by Clause No.____of _____________Committee Report No.________
Adopted by the Council of the City at its meeting on _____________________1998, the Council
approved a policy of hiring Administrative Assistants for the Members of the Council of the City; and
Whereas, the Administrative Assistant has been appointed to act as such for Councillor________
(the ACouncillor@).
Now therefore in consideration of the premises, the parties covenant and agree as follows:
1.(1)The Administrative Assistant is hereby appointed a contract employee of the City for the
period set forth in section 2, subject to termination of employment pursuant to section 5, in the capacity
of Administrative Assistant in the Office of the Councillor at Step___($_____) in Salary Grade EC01
of the Management Salary Schedule of the former Municipality of Metropolitan in effect on December
31, 1997.
(2)The annual salary payable under subsection 1 shall be payable in the usual course less all applicable statutory
deductions, employee benefit deductions and any other payroll deductions agreed upon in writing.
(3)If the Step set forth in subsection 1 is not the maximum within the Salary Grade, the Administrative Assistant may, in
the discretion of the Councillor, have his or her salary increased to a higher step within the Salary Grade on the annual
anniversary of his or her employment as an Administrative Assistant until the maximum Step is attained.
(4)The Administrative Assistant shall be entitled to any adjustment in salary given to the permanent employees of the
City in the same Salary Grade at the same time as such an adjustment.
2.(1)The term of employment of the Administrative Assistant shall commence on the 1st day of January, 1998 and
terminate on the earlier of November 30, 2000 or the Friday next following the day on which the Councillor ceases to be a
Member of the Council of the City for whatever reason, including the Councillor=s failure to be re-elected to office.
(2)Where the employment of the Administrative Assistant terminates pursuant to subsection 1, the Administrative
Assistant will be given notice or pay in lieu of notice calculated on years of service in accordance with the formula set out
in subsections 5(2), 5(3) and 5(4).
(3)Where the employment of an Administrative Assistant terminates pursuant to subsection 1 and at the time of such
termination the Administrative Assistant is on leave by reason of Maternity Leave, or receipt of benefits under the
Workplace Safety and Insurance Act or Long-Term Disability Insurance, the Administrative Assistant shall be deemed to
continue as an employee only for the purpose of any corporate benefits to which he or she would be entitled but for such
termination until the reason for the leave no longer exists provided that the payment of such benefits does not require the
City to employ the Administrative Assistant in a position at the City on the termination of his or her leave.
3.(1)Subject to subsection 2, the Administrative Assistant shall be accorded all corporate benefits of a permanent
employee of the City in the same Salary Grade with the same deductions from salary and contributions by the City as
employer in respect thereof.
(2)For the purposes of the Ontario Municipal Employees Retirement System (O.M.E.R.S.) only the Administrative
Assistant is designated by the City as an AOther-Than-Continuous Full-Time@ employee and may elect to participate as a
member of O.M.E.R.S. only after having completed 24 months of continuous employment during which period the
Administrative Assistant:
(a) has worked at least 700 hours, or
(b) earned at least 35 per cent of the Year=s Maximum Pensionable Earnings as defined in the Canada Pension Plan.
(3)In the event that on the day immediately preceding the date of commencement of employment as an Administrative
Assistant as set forth in subsection 1, the Administrative Assistant was an employee of the former Municipality of
Metropolitan Toronto or any of the former area municipalities within the Metropolitan Area, the (AOld Municipalities@),
such employment shall be deemed to be uninterrupted and continuous with employment under this agreement for the
purposes of determining the corporate benefits of such Administrative Assistant.
4.The duties of the Administrative Assistant shall be as described in the corporate description for the position as
prepared by the Human Resources function of the City from time to time and such other duties as may be assigned by the
Councillor or assigned by the City during the period in which the Administrative Assistant continues to be employed by the
City after the date on which the Councillor ceases to be a member of the City Council pursuant to subsection 2(1).
5.(1)This agreement may be terminated immediately by the City for cause.
(2) Notwithstanding section 2, this agreement may be terminated by the City without cause at any time upon giving the
Administrative Assistant notice or pay in lieu of notice. Where the Administrative Assistant has been continuously
employed by the City of Toronto for 3 years or less, the Administrative Assistant will receive 30 days notice or pay in lieu
of notice. If the Administrative Assistant receives pay in lieu of notice, all statutory deductions will be deducted. This
notice or pay in lieu of notice includes any amount of which the Administrative Assistant may be entitled in the way of
notice of termination under the Ontario Employment Standards Act.
(3)Where the Administrative Assistant has been continuously employed by the City of Toronto for greater than 3 years,
the period of time specified in subsection 2 shall be 45 days instead of 30.
(4)If the Administrative Assistant has been continuously employed by the City of Toronto for a period of five years or
more, the Administrative Assistant will receive severance pay in accordance with the Employment Standards Act in the
event of a termination under subsection 5(3).
6.(1)Except for such amounts as may be payable under the terms of employment to any employee of the City who
resigns, no additional amount shall be paid by the City to the Administrative Assistant if his or her employment terminates
(a) for cause as provided for in subsection 5(1); or
(b) by reason of his or her resignation.
(2)Where the Administrative Assistant ceases to be employed as such, but continues to be employed by the City in
another position, such employment shall be deemed to be uninterrupted and continuous with employment under this
agreement.
7. The Administrative Assistant agrees that the salary, benefits and other terms and conditions of employment provided
for in this agreement can be either increased or decreased by the City during the term of employment consistent with any
changes applicable to permanent employees of the City in the same Salary Grade arising out of the City=s job evaluation or
benefit rationalization process.
8.The Administrative Assistant shall comply with and be bound by all rules applicable to permanent employees of the
City respecting disclosure of interest, codes of conduct, and confidential information acquired by the Administrative
Assistant in the course of his or her employment hereunder.
9.(1)This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and
cancels and supersedes any prior understanding and agreements between the parties hereto or between the Administrative
Assistant and one of the Old Municipalities with respect thereto. There are not representations, warranties, terms,
conditions, undertakings or collateral agreements, express, implied or statutory between the parties other than as expressly
set forth in this agreement.
(2)No amendment to this agreement shall be valid or binding unless set forth in writing and duly executed by both of the
parties hereto. No waiver of any breach of any provisions of this agreement shall be effective or binding unless made in
writing and signed by the part purporting to give the same and unless otherwise provided in the written waiver, shall be
limited to the specific breach waived.
(3)This agreement is personal to the Administrative Assistant and may not be assigned by the Administrative Assistant.
(4)All notices, requests or other communications by the terms hereof required or permitted to be given by one party to
another shall be given in writing by registered mail, postage prepaid addressed to the other party or delivered to the other
party as follows:
TO THE ADMINISTRATIVE ASSISTANT AT:_____________________
_____________________
_____________________
_____________________
_____________________
TO THE CITY AT:Station 1071, 7th floor, Metro Hall
55 John Street, Toronto, Ontario
M5V 3C6
Attention: City Clerk
or such address as may be given by either of them to the other in writing from time to time and such notices, requests,
demands, acceptances and other communication shall be deemed to have been received on the day of delivery, if delivered
or if mailed, on the third business day after of the mailing thereof.
In Witness Whereof the City has hereunto affixed its corporate seal attested to by the hands of its officers in that
behalf duly authorized and the Administrative Assistant by his or her signature respectively.
Signed, Sealed and Delivered)The City of Toronto
in the presence of )
)
)________________________
)
)________________________
)
)
)Administrative Assistant
)
__________________________)_________________________
Witness)
This Agreement made as of the day of , 1998.
Between:
The City of Toronto
(hereinafter called ACity@)
of the First Part
-and-
__________Name_________________
(hereinafter called the AClerical Assistant@)
Witnesseth that: of the Second Part
Whereas, as evidenced by Clause No.____of _____________Committee Report No.________
Adopted by the Council of the City at its meeting on _____________________1998, the Council
approved a policy of hiring Clerical Assistants for the Members of the Council of the City; and
Whereas, the Clerical Assistant has been appointed to act as such for Councillor________
(the ACouncillor@).
Now therefore in consideration of the premises, the parties covenant and agree as follows:
1.(1)The Clerical Assistant is hereby appointed a contract employee of the City for the period set
forth in section 2, subject to termination of employment pursuant to section 5, in the capacity of
Clerical Assistant in the Office of the Councillor at Step___($_____) in Salary Grade EC22 of the
Excluded Clerical Salary Schedule of the former Municipality of Metropolitan in effect on December
31, 1997.
(2)The annual salary payable under subsection 1 shall be payable in the usual course less all applicable statutory
deductions, employee benefit deductions and any other payroll deductions agreed upon in writing.
(3)If the Step set forth in subsection 1 is not the maximum within the Salary Grade, the Clerical Assistant may, in the
discretion of the Councillor, have his or her salary increased to a higher step within the Salary Grade on the annual
anniversary of his or her employment as an Clerical Assistant until the maximum Step is attained.
(4)The Clerical Assistant shall be entitled to any adjustment in salary given to the permanent employees of the City in
the same Salary Grade at the same time as such an adjustment.
2.(1)The term of employment of the Clerical Assistant shall commence on the 1st day of January, 1998 and terminate
on the earlier of November 30, 2000 or the Friday next following the day on which the Councillor ceases to be a Member
of the Council of the City for whatever reason, including the Councillor=s failure to be re-elected to office.
(2)Where the employment of the Clerical Assistant terminates pursuant to subsection 1, the Clerical Assistant will be
given notice or pay in lieu of notice calculated on years of service in accordance with the formula set out in subsections
5(2), 5(3) and 5(4).
(3)Where the employment of an Clerical Assistant terminates pursuant to subsection 1 and at the time of such
termination the Clerical Assistant is on leave by reason of Maternity Leave, or receipt of benefits under the Workplace
Safety and Insurance Act or Long-Term Disability Insurance, the Clerical Assistant shall be deemed to continue as an
employee only for the purpose of any corporate benefits to which he or she would be entitled but for such termination until
the reason for the leave no longer exists provided that the payment of such benefits does not require the City to employ the
Clerical Assistant in a position at the City on the termination of his or her leave.
3.(1)Subject to subsection 2, the Clerical Assistant shall be accorded all corporate benefits of a permanent employee of
the City in the same Salary Grade with the same deductions from salary and contributions by the City as employer in
respect thereof.
(2)For the purposes of the Ontario Municipal Employees Retirement System (O.M.E.R.S.) only the Clerical Assistant is
designated by the City as an AOther-Than-Continuous Full-Time@ employee and may elect to participate as a member of
O.M.E.R.S. only after having completed 24 months of continuous employment during which period the Clerical Assistant:
(a) has worked at least 700 hours, or
(b) earned at least 35 per cent of the Year=s Maximum Pensionable Earnings as defined in the Canada Pension Plan.
(3)In the event that on the day immediately preceding the date of commencement of employment as an Clerical Assistant
as set forth in subsection 1, the Clerical Assistant was an employee of the former Municipality of Metropolitan Toronto or
any of the former area municipalities within the Metropolitan Area, the (AOld Municipalities@), such employment shall be
deemed to be uninterrupted and continuous with employment under this agreement for the purposes of determining the
corporate benefits of such Clerical Assistant.
4.The duties of the Clerical Assistant shall be as described in the corporate description for the position as prepared by
the Human Resources function of the City from time to time and such other duties as may be assigned by the Councillor or
assigned by the City during the period in which the Clerical Assistant continues to be employed by the City after the date
on which the Councillor ceases to be a member of the City Council pursuant to subsection 2(1).
5.(1)This agreement may be terminated immediately by the City for cause.
(2)Notwithstanding section 2, this agreement may be terminated by the City without cause at any time upon giving the
Clerical Assistant notice or pay in lieu of notice. Where the Clerical Assistant has been continuously employed by the City
of Toronto for 3 years or less, the Clerical Assistant will receive 30 days notice or pay in lieu of notice. If the Clerical
Assistant receives pay in lieu of notice, all statutory deductions will be deducted. This notice or pay in lieu of notice
includes any amount of which the Clerical Assistant may be entitled in the way of notice of termination under the Ontario
Employment Standards Act.
(3)Where the Clerical Assistant has been continuously employed by the City of Toronto for greater than 3 years, the
period of time specified in subsection 2 shall be 45 days instead of 30.
(4)If the Clerical Assistant has been continuously employed by the City of Toronto for a period of five years or more, the
Clerical Assistant will receive severance pay in accordance with the Employment Standards Act in the event of a
termination under subsection 5(3).
6.(1)Except for such amounts as may be payable under the terms of employment to any employee of the City who
resigns, no additional amount shall be paid by the City to the Clerical Assistant if his or her employment terminates
(a) for cause as provided for in subsection 5(1); or
(b) by reason of his or her resignation.
(2)Where the Clerical Assistant ceases to be employed as such, but continues to be employed by the City in another
position, such employment shall be deemed to be uninterrupted and continuous with employment under this agreement.
7.The Clerical Assistant agrees that the salary, benefits and other terms and conditions of employment provided for in
this agreement can be either increased or decreased by the City during the term of employment consistent with any changes
applicable to permanent employees of the City in the same Salary Grade arising out of the City=s job evaluation or benefit
rationalization process.
8.The Clerical Assistant shall comply with and be bound by all rules applicable to permanent employees of the City
respecting disclosure of interest, codes of conduct, and confidential information acquired by the Clerical Assistant in the
course of his or her employment hereunder.
9.(1)This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and
cancels and supersedes any prior understanding and agreements between the parties hereto or between the Clerical
Assistant and one of the Old Municipalities with respect thereto. There are not representations, warranties, terms,
conditions, undertakings or collateral agreements, express, implied or statutory between the parties other than as expressly
set forth in this agreement.
(2)No amendment to this agreement shall be valid or binding unless set forth in writing and duly executed by both of the
parties hereto. No waiver of any breach of any provisions of this agreement shall be effective or binding unless made in
writing and signed by the part purporting to give the same and unless otherwise provided in the written waiver, shall be
limited to the specific breach waived.
(3)This agreement is personal to the Clerical Assistant and may not be assigned by the Clerical Assistant.
(4)All notices, requests or other communications by the terms hereof required or permitted to be given by one party to
another shall be given in writing by registered mail, postage prepaid addressed to the other party or delivered to the other
party as follows:
TO THE CLERICAL ASSISTANT AT:_____________________
_____________________
_____________________
_____________________
_____________________
TO THE CITY AT:Station 1071, 7th floor, Metro Hall
55 John Street, Toronto, Ontario
M5V 3C6
Attention: City Clerk
or such address as may be given by either of them to the other in writing from time to time and such notices, requests,
demands, acceptances and other communication shall be deemed to have been received on the day of delivery, if delivered
or if mailed, on the third business day after of the mailing thereof.
In Witness Whereof the City has hereunto affixed its corporate seal attested to by the hands of its officers in that
behalf duly authorized and the Clerical Assistant by his or her signature respectively.
Signed, Sealed and Delivered)The City of Toronto
in the presence of )
)
)________________________
)
)________________________
)
)
)Clerical Assistant
)
__________________________)_________________________
Witness)
This Agreement made as of the day of , 1998.
Between:
The City of Toronto
(hereinafter called ACity@)
of the First Part
-and-
__________Name_________________
(hereinafter called the AExecutive Assistant@)
Witnesseth that: of the Second Part
Whereas, as evidenced by Clause No.____of _____________Committee Report No.________
Adopted by the Council of the City at its meeting on _____________________1998, the Council
approved a policy of hiring Executive Assistants for the Members of the Council of the City; and
Whereas, the Executive Assistant has been appointed to act as such for Councillor________
(the ACouncillor@).
Now therefore in consideration of the premises, the parties covenant and agree as follows:
1.(1)The Executive Assistant is hereby appointed a contract employee of the City for the period set
forth in section 2, subject to termination of employment pursuant to section 5, in the capacity of
Executive Assistant in the Office of the Councillor at Step___($_____) in Salary Grade EM1 of the
Management Salary Schedule of the former Municipality of Metropolitan in effect on December 31,
1997.
(2)The annual salary payable under subsection 1 shall be payable in the usual course less all applicable statutory
deductions, employee benefit deductions and any other payroll deductions agreed upon in writing.
(3)If the Step set forth in subsection 1 is not the maximum within the Salary Grade, the Executive Assistant may, in the
discretion of the Councillor, have his or her salary increased to a higher step within the Salary Grade on the annual
anniversary of his or her employment as an Executive Assistant until the maximum Step is attained.
(4)The Executive Assistant shall be entitled to any adjustment in salary given to the permanent employees of the City in
the same Salary Grade at the same time as such an adjustment.
2.(1)The term of employment of the Executive Assistant shall commence on the 1st day of January, 1998 and terminate
on the earlier of November 30, 2000 or the Friday next following the day on which the Councillor ceases to be a Member
of the Council of the City for whatever reason, including the Councillor=s failure to be re-elected to office.
(2)Where the employment of the Executive Assistant terminates pursuant to subsection 1, the Executive Assistant will be
given notice or pay in lieu of notice calculated on years of service in accordance with the formula set out in subsections
5(2), 5(3) and 5(4).
(3)Where the employment of an Executive Assistant terminates pursuant to subsection 1 and at the time of such
termination the Executive Assistant is on leave by reason of Maternity Leave, or receipt of benefits under the Workplace
Safety and Insurance Act or Long-Term Disability Insurance, the Executive Assistant shall be deemed to continue as an
employee only for the purpose of any corporate benefits to which he or she would be entitled but for such termination until
the reason for the leave no longer exists provided that the payment of such benefits does not require the City to employ the
Executive Assistant in a position at the City on the termination of his or her leave.
3.(1)Subject to subsection 2, the Executive Assistant shall be accorded all corporate benefits of a permanent employee
of the City in the same Salary Grade with the same deductions from salary and contributions by the City as employer in
respect thereof.
(2)For the purposes of the Ontario Municipal Employees Retirement System (O.M.E.R.S.) only the Executive Assistant
is designated by the City as an AOther-Than-Continuous Full-Time@ employee and may elect to participate as a member
of O.M.E.R.S. only after having completed 24 months of continuous employment during which period the Executive
Assistant:
has worked at least 700 hours, or
earned at least 35 per cent of the Year=s Maximum Pensionable Earnings as defined in the Canada Pension Plan.
(3)In the event that on the day immediately preceding the date of commencement of employment as an Executive
Assistant as set forth in subsection 1, the Executive Assistant was an employee of the former Municipality of Metropolitan
Toronto or any of the former area municipalities within the Metropolitan Area, the (AOld Municipalities@), such
employment shall be deemed to be uninterrupted and continuous with employment under this agreement for the purposes of
determining the corporate benefits of such Executive Assistant.
4.The duties of the Executive Assistant shall be as described in the corporate description for the position as prepared by
the Human Resources function of the City from time to time and such other duties as may be assigned by the Councillor or
assigned by the City during the period in which the Executive Assistant continues to be employed by the City after the date
on which the Councillor ceases to be a member of the City Council pursuant to subsection 2(1).
5.(1)This agreement may be terminated immediately by the City for cause.
(2)Notwithstanding section 2, this agreement may be terminated by the City without cause at any time upon giving the
Executive Assistant notice or pay in lieu of notice. Where the Executive Assistant has been continuously employed by the
City of Toronto for 3 years or less, the Executive Assistant will receive 30 days notice or pay in lieu of notice. If the
Executive Assistant receives pay in lieu of notice, all statutory deductions will be deducted. This notice or pay in lieu of
notice includes any amount of which the Executive Assistant may be entitled in the way of notice of termination under the
Ontario Employment Standards Act.
(3)Where the Executive Assistant has been continuously employed by the City of Toronto for greater than 3 years, the
period of time specified in subsection 2 shall be 45 days instead of 30.
(4)If the Executvie Assistant has been continuously employed by the City of Toronto for a period of five years or more,
the Executive Assistant will receive severance pay in accordance with the Employment Standards Act in the event of a
termination under subsection 5(3).
6.(1)Except for such amounts as may be payable under the terms of employment to any employee of the City who
resigns, no additional amount shall be paid by the City to the Executive Assistant if his or her employment terminates
for cause as provided for in subsection 5(1); or
by reason of his or her resignation.
(2)Where the Executive Assistant ceases to be employed as such, but continues to be employed by the City in another
position, such employment shall be deemed to be uninterrupted and continuous with employment under this agreement.
7.The Executive Assistant agrees that the salary, benefits and other terms and conditions of employment provided for in
this agreement can be either increased or decreased by the City during the term of employment consistent with any changes
applicable to permanent employees of the City in the same Salary Grade arising out of the City=s job evaluation or benefit
rationalization process.
8.The Executive Assistant shall comply with and be bound by all rules applicable to permanent employees of the City
respecting disclosure of interest, codes of conduct, and confidential information acquired by the Executive Assistant in the
course of his or her employment hereunder.
9.(1)This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and
cancels and supersedes any prior understanding and agreements between the parties hereto or between the Executive
Assistant and one of the Old Municipalities with respect thereto. There are not representations, warranties, terms,
conditions, undertakings or collateral agreements, express, implied or statutory between the parties other than as expressly
set forth in this agreement.
(2)No amendment to this agreement shall be valid or binding unless set forth in writing and duly executed by both of the
parties hereto. No waiver of any breach of any provisions of this agreement shall be effective or binding unless made in
writing and signed by the part purporting to give the same and unless otherwise provided in the written waiver, shall be
limited to the specific breach waived.
(3)This agreement is personal to the Executive Assistant and may not be assigned by the Executive Assistant.
(4)All notices, requests or other communications by the terms hereof required or permitted to be given by one party to
another shall be given in writing by registered mail, postage prepaid addressed to the other party or delivered to the other
party as follows:
TO THE EXECUTIVE ASSISTANT AT:_____________________
_____________________
_____________________
_____________________
_____________________
TO THE CITY AT:Station 1071, 7th floor, Metro Hall
55 John Street, Toronto, Ontario
M5V 3C6
Attention: City Clerk
or such address as may be given by either of them to the other in writing from time to time and such notices, requests,
demands, acceptances and other communication shall be deemed to have been received on the day of delivery, if delivered
or if mailed, on the third business day after of the mailing thereof.
In Witness Whereof the City has hereunto affixed its corporate seal attested to by the hands of its officers in that
behalf duly authorized and the Executive Assistant by his or her signature respectively.
Signed, Sealed and Delivered)The City of Toronto
in the presence of )
)
)________________________
)
)________________________
)
)
)Executive Assistant
)
__________________________)_________________________
Witness)
