Conditions of Employment - Council Staff Members

The Corporate Services Committee recommends the adoption of the joint report (July 20, 1998) from the Commissioner of Corporate Services and the Executive Director of Human Resources, subject to:

(1)amending Recommendation No. (1) (a) by deleting therefrom the words "or temporary"; so that Recommendation No. (1) (a) now reads as follows:

"(1) (a)on or before December 31, 1997, as permanent employees remain as permanent employees with the City of Toronto;"

(2)amending Recommendation No. (3) to read as follows:

"(3)that severance provision for Council staff be two weeks pay for each year of continuous employment;"

(3)amending Recommendation No. (5) by adding thereto the following:

"and that the Corporate Services Committee give further consideration to this matter after Council has approved a general policy for the Corporation, so that Recommendation No. (5) now reads as follows:

"(5)Council staff not be eligible to receive cash in lieu of benefits; and that the Corporate Services Committee give further consideration to this matter after Council has approved a general policy for the Corporation";

(4)amending Recommendation No. (6) by deleting therefrom the word "grandfathered" and inserting in lieu thereof the word "grandparented", so that Recommendation No.(6) now reads as follows:

"(6)that Council staff who are currently in receipt of cash in lieu of benefits be "grandparanted" until the review of benefit plans is completed and changes are approved by Council; and that the contracts for ch staff reflect this provision;"; and

(5)deferring consideration of Recommendations Nos. (7) and (8) respecting the issue of overtime for Councillors' Assistants, until such time as a corporate-wide policy for overtime is considered.

The Corporate Services Committee reports, for the informatio of Council, having:

(1)requested the Executive Director of Human Resources to submit a report to the Corporate Services Committee on a timeline for completion of the review of the updated job descriptions; and

(2)referred the following motion to the Executive Director of Human Resources for report thereon to the meeting of the Corporate Services Committee scheduled to be held on September 14, 1998:

Moved by Councillor Joe Mihevic on behalf of Councillor Moscoe:

"That the Executive Director be requested to complete any outstanding job evaluations and Pay Equity Plans within three months' time."

The Corporate Services Committee submits the following joint report (July20, 1998) from the Commissioner of Corporate Services and the Executive Director of Human Resources:

Purpose:

This report recommends the conditions of employment for Council staff members.

Financial Implications:

The funding for these positions is accommodated in each Councillor's 1998 salary budgets.

Recommendations:

It is recommended that:

(1)Council staff members (Executive Assistant, Constituency Assistant, Administrative Assistant, and Clerical Assistant) employed:

(a)on or before December 31, 1997, as permanent or temporary employees remain as permanent or temporary employees with the City of Toronto;

(b)on or before December 31, 1997, as contract employees be employed under the terms and conditions of the respective employment contract attached as Appendix "A" except for those employees of the former Municipality of Metropolitan Toronto who may choose to remain on their existing contract;

(c)on or after January 1, 1998, be employed under the terms and conditions of the respective employment contract attached as Appendix "A";

(2)any salary adjustment resulting from the review of the updated Executive Assistant job description be implemented retroactive to January 1, 1998, or the employee's start date; whichever is later;

(3)severance provisions for contract Council Support staff be as stated in Section 5 of their respective contract (Appendix "A");

(4)upon electing to participate in OMERS, provided that the minimum requirements under the Pension Benefits Act, R.S.O. 1990 have been met, employees be permitted the opportunity to buy back their service; and that this buy back cost be equally shared between the employee and the City of Toronto;

(5)Council staff not be eligible to receive cash in lieu of benefits;

(6)Council staff who are currently in receipt of cash in lieu of benefits be "grandfathered" until the review of benefit plans is completed and changes are approved by Council; and that the contracts for such staff reflect this provision;

(7)Council Executive Assistant and Constituency Assistant staff who work in excess of their regularly scheduled workday or workweek be compensated in the form of lieu time at a straight time rate provided that the total lieu time taken shall not exceed 105 hours in a calendar year;

(8)Council Administrative Assistants and Clerical Assistants who work in excess of their regularly scheduled workday or workweek be compensated in the form of lieu time at time and a half provided that the total lieu time taken shall not exceed 70 hours in a calendar year, or in the form of overtime pay, subject to the approval of their respective Councillor; and

(9)staff be authorized to take whatever steps necessary to implement the foregoing.

Background History:

City Council on January 2, 6, 8 and 9, 1998 adopted the following:

(1)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;

(2)on an interim basis, the salary range 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 and the Clerical Assistant be that of the Administrative Assistant and the Clerk Grade 3 position in the former Municipality of Metropolitan Toronto;

(3)all permanent former 'City' or 'Metro' employees retain their permanent employment status and those earning in excess of the City recommended salary ranges have their salaries red-circled;

The attached report was before the Corporate Services Committee on April 27, 1998. The Executive Director of Human Resources was asked by the Corporate Services Committee to meet with affected contract Council staff members to review the proposed employment contract.

Comments:

(1)Employment Status of Council Staff:

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 based on their employment status and position classification with their former municipality.

Council staff who currently members of a bargaining unit will remain in the bargaining unit and will continue to receive their existing salary and benefits, pending collective agreement 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 ceased to be a Member of the Metropolitan Council for whatever reason. For those staff who have continued to be employed by the same 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 in standardizing the employment relationship of Council staff members.

(2)Concerns of Council Staff Members:

The Executive Director of Human Resources was asked by the Corporate Services Committee to meet with affected contract Council staff members to review their specific concerns with the proposed employment contract.

On May 11, 1998, the Executive Director met with Council staff members where concerns were expressed with respect to paid lieu time at straight time to a maximum of 105 hours, the option to receive cash in lieu of benefits, pensions, severance and salary.

Staff have addressed the majority of the concerns discussed at the meeting. The only exception is the recommendation to compensate staff for overtime worked in the form of lieu time instead of pay. This is an area where human resources staff strongly recommend standardization of contract terms for all Council staff.

The former municipalities of Metropolitan Toronto, North York, Scarborough and Toronto had employment contracts for designated Council staff members. It was agreed that the significant employment conditions contained in the employment contracts of these former municipalities and the proposed contract for the City of Toronto would be illustrated for the Corporate Services Committee in this report (Appendix "B") for comparison purposes.

The appropriateness of the Executive Assistant salary was also discussed at the meeting. The salary level for the Executive Assistant is based on the job evaluation rating from the former Municipality of Metropolitan Toronto. Council staff expressed a desire to update the rating, since it had not been updated for several years and, in their opinion, the responsibilities and scope of the position have changed over time.

Though this position will be included as part of the overall corporate review of the City's Compensation Program, it was agreed that on an interim basis, an updated Executive Assistant job description would be developed and rated in accordance with the former Municipality of Metropolitan Toronto's job evaluation system. It was stressed that, in accordance with the policy for job evaluation, each Executive Assistant and each Councillor would have to agree to the contents of the job evaluation questionnaire prior to the rating process being implemented.

(3)Severance Provisions Recommended by the Former City of Toronto Council:

On November 18, 1997, Council of the former City of Toronto adopted a recommendation that:

(1)the contract staff of those members of Council who were not elected on November10, 1997, be offered the same severance package as is available to members of Council, ie. one month of salary for every year of service, up to a maximum of six months;

(2)staff be authorized to take whatever steps are necessary to implement the foregoing; and

(3)the appropriate staff report to the new City of Toronto Council on including a severance package for all contracted political staff employed by Members of Council.

The Financial Advisory Board turned this recommendation down, on the basis that it should be considered by the new Council of the new City of Toronto.

The Committee will note that the severance provisions being recommended in this report differ from those proposed by the former City of Toronto Council.

Contact Names:

Bill Taylor

Manager of Human Resources

392-8635

Jim Hart

Director of Council Services and Management Services

392-8676

--------

This Agreement made as of the day of , 1998.

Between:

The City of Toronto

(hereinafter called "City")

of the First Part-and-

__________Name_________________

(hereinafter called the "Executive 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 "Councillor").

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 section5, 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 1^st 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 subsection1, 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 subsection1 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 "Other-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 ("Old 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 but less than 6 years, the period of time specified in subsection 2 shall be 45days instead of 30.

(4)Where the Executive Assistant has been continuously employed by the City of Toronto for 6 years or more, the period of time specified in subsection 2 shall be 60 days instead of 30.

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

(a)for cause as provided for in subsection 5(1); or

(b)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, 7^th 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

_______

This Agreement made as of the day of , 1998.

Between:

The City of Toronto

(hereinafter called "City")

of the First Part

-and-

__________Name_________________

(hereinafter called the "Clerical 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 "Councillor").

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 1^st 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 "Other-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 ("Old 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 but less than 6 years, the period of time specified in subsection 2 shall be 45days instead of 30.

(4)Where the Clerical Assistant has been continuously employed by the City of Toronto for 6 years or more, the period of time specified in subsection 2 shall be 60 days instead of 30.

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, 7^th 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 "City")

of the First Part

-and-

__________Name_________________

(hereinafter called the "Administrative 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 "Councillor").

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 1^st 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 "Other-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 percent 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 ("Old 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 but less than 6 years, the period of time specified in subsection 2 shall be 45 days instead of 30.

(4)Where the Administrative Assistant has been continuously employed by the City of Toronto for 6 years or more, the period of time specified in subsection 2 shall be 60 days instead of 30.

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, 7^th 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 "City")

of the First Part

-and-

__________Name_________________

(hereinafter called the "Constituency 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 "Councillor").

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 1^st 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 subsection1 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 "Other-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 ("Old 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 but less than 6 years, the period of time specified in subsection 2 shall be 45 days instead of 30.

(4)Where the Constituency Assistant has been continuously employed by the City of Toronto for 6 years or more, the period of time specified in subsection 2 shall be 60 days instead of 30.

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, 7^th 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

Mr. David Neil, President, City of Toronto Administrative, Professional Supervisory Association, Incorporated (COTAPSAI), appeared before the Corporate Services Committee in connection with the foregoing matter and submitted a brief in regard thereto.

(Councillor Doug Mahood, Scarborough Agincourt, declared his interest in the foregoing matter in that his daughter is employed by the City of Toronto as his Administrative Assistant.)

(Councillor Kyle Rae, Downtown, declared his interest in the foregoing matter in that he is a former City employee with an outstanding dispute respecting job evaluation and pay equity.)