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HomeMy WebLinkAboutCAO 07-08 Citq 01 REPORT TO 'J 1 2 EXECUTIVE COMMITTEE Report Number: CAO 07-08 Date: November 10, 2008 From: Thomas J. Quinn Chief Administrative Officer Subject: Review of Appointments to Boards and Committees - Council Direction December 14, 2006 Recommendation: 1. That Report CAO 07-08 of the Chief Administrative Officer be received; 2. That Policy ADM 040 for Boards & Advisory Committees, included as Attachment # 1 to this report be approved; 3. That the Boards & Advisory Committees, included as Attachment # 2 to this report be formally closed based on project completion, dissolution and/or inactivity; 4. That the Boards & Advisory Committees, included as Attachment # 3 to this report be formally reconfirmed; 5. That the Public Library Board composition be increased by one member for a total of 10 members effective December 1, 2008; 6. That the Advisory Committee on Race Relations composition be increased by two community appointments for a total of five members and the Heritage Pickering Advisory Committee be increased by three community appointments for a total of eleven members; 7. That the term for the Property Standards/Fenceviewers be extended to December 31,2008 pending the outcome of a fence by-law review; 8. That a Special Meeting of Council (including an In Camera session) be held on Monday, November 24, 2008 at 7:00 pm for the purpose of review and appointment to Boards and Advisory Committees; and 9. That the City Clerk be directed to take the appropriate action. Report CAO 07-08 Subject: Review of Appointments to Boards and Committees l . --+-1 3 Date: November 10, 2008 Page 2 Executive Summary: At the Special Meeting of Council held on December 14, 2006 for the purpose of appointing various members of the community to advisory committees, the Chief Administrative Officer, in conjunction with the City Clerk was requested to review all advisory committees and report back after two years. All appointments at that time were made with a term ending November 30, 2008, save and except the Library Board and the Committee of Adjustment where legislation dictates the term of office. Financial Implications: There are no financial implications associated with the establishment of the advisory committees. Sustainability Implications: In order to provide for a sustainable community, public participation, along with private partnerships are encouraged. The creation and involvement of committees to garner public response and input to matters of ongoing concern is paramount to a sustainable, viable community. Background: Under the Municipal Act, municipalities can authorize the creation of various advisory committees to assist Council on specific matters. All advisory committees are established and appointed by resolution of Council. Their purpose is to advise Council by providing recommendations on specialized issues, on a policy and/or operational level, as set out in a mandate and Council approved work plans for each advisory committee. Advisory committee members are appointed by resolution of Council and serve at the pleasure of Council for a specified term, where statutory authority does not state otherwise. The Mayor will remain as ex-officio of all committees of Council. The existing Advisory Committees operate effectively but there is room for enhancements in service delivery, such as approval of up to date standardized terms of reference, handling of attendance/quorum and staff support to the Committees. Within the current procedural by-law adopted in 2007, the following changes were made to ensure the Advisory Committees had a formal reporting relationship with Council: Report CAG 07-08 Subject: Review of Appointments to Boards and Committees Date: November 10, 2008 Page 3 1 1 4 Excerpt of Procedural By-law No. 6746/07: "12. g) All Advisory Committees of Council are required to adhere to the general terms. of reference for all advisory committees and at the first meeting following a general municipal election, are required to adopt and approve the specific terms of reference for the committee and forward to Council for approval by no later than March following a municipal election. h) All advisory committees are required to present a yearly work plan and annual report on the status of the work plan to Council." The formal adoption of the terms of reference by this term of Council has only been completed by the Heritage Pickering Advisory Committee. With this new term of appointments, the City Clerk will provide the template to the staff liaisons for coordination and completion of the terms of reference; which will be submitted to Council early in 2009 for formal approval. This has also been enhanced and articulated within Policy ADM 040. Most Committees were effective in completing their work plans and annual report, however, as part of our process improvements associated with the Accountability and Transparency Policy, the City Clerk will coordinate and submit all reports and work plans on an annual basis within one summary report. It is proposed within Policy ADM 040 that any committees established in the future be prepared using a standard terms of reference. A copy of the standardized template (which was utilized by the Heritage Pickering Advisory Committee) has been included as Attachment # 4 to this report for reference purposes. Staff's role on committees will be in the form of support with each committee being assigned a "lead department" that will be responsible for ensuring there is staff representation from the respective department to provide expertise on various matters related to the mandate of the respective committees. With the exception of the statutory committees, the committees have no authority to direct staff and any recommendations requiring implementation, reports or staff actions must first be considered by Council before any action by staff may be taken. The Library Board has also requested an increase in their Board composition, with the following resolution being passed at their September meeting: "Section 12.9, Board Composition Res. # 60.08 Moved by M. Midolo Seconded by J. Lucas THA T the Board request Council to appoint one additional member to the Library Board, for a total of ten members. CARRIED" Report CAD 07-08 Subject: Review of Appointments to Boards and Committees , , 11 5 Date: November 10, 2008 Page 4 This request has been included as recommendation # 5 to this report. The Property Standards/Fenceviewers existing appointment should be extended to December 31,2008 at this time. As part of our regulatory by-law review, the fence by- law is currently under review and the revised by-law will be presented at the December 8, 2008 Executive Committee meeting. The by-law may make changes to how fence disputes are handled; therefore, we are recommending no appointments to this Committee until after a review of the report in December. The Advisory Committee on Race Relations and the Heritage Pickering Advisory Committee have also requested an increase in their membership due to the volume and variety of the work being handled by the Committees. Race Relations is requesting an increase of two community appointments and Heritage Pickering is requesting an increase of three community appointments. Attachments: 1. Policy ADM 040-08. 2. Boards & Advisory Committees [Committees to be Closed]. 3. Appointments to Advisory Committees - Master Listing. 4. Standardized template for Terms of Reference. Prepared By: -'~ ch. L ~JC'oJ" Debi A. Wilcox City Clerk T 0 as J. Quinn Chief Administrative Officer Recommended for the Pickering City 0 of II Attachment NO.1 to Report CAG 07-08 CITY POLICY '1 1 6 Policy Title: BOARDS & ADVISORY COMMITTEES OF COUNCIL Policy Number: ADM 040 Reference: Date Originated: Date Revised: Municipal Act Procedural By-law November 10, 2008 Month, Date, Year Approval: Chief Administrative Officer Point of Contact: City Clerk Policy Objective The purpose of this policy is to identify a process for establishing Boards and Advisory Committees of Council; requirements for maintaining and supporting their work; and the coordination of the appointment and advertising process through the City Clerk and Clerks Division. It excludes external bodies and local boards not established by Council and internal, working groups of an administrative nature. This policy supplements the City of Pickering Procedural By-law 6746/07. Boards and Advisory Committees, including Staff liaisons, shall be subject to the provisions of the Procedural By-Law. Index 01 Definitions 02 Implementation Procedure - Classification of Boards and Advisory Committees 03 Establishment of Boards and Advisory Committees 04 Ongoing Review of Boards and Advisory Committees 05 Terms of Reference 06 Appointment Process and Advertising for Board/Advisory Committee Members 07 Resignation/Dismissal Process 08 Absentee Requirements 09 Orientation Sessions 10 Meeting Structure, Agenda and Minute Formats 11 Access to Meetings 12 Provision for Accessibility and Diversity 13 Pecuniary Interest 14 Budget/Financial Reporting 15 Remuneration & Expenses 16 City Policies and Procedures '11 7 01 Definitions: Not applicable. 02 Implementation Procedure - Classification of Boards and Advisory Committees: 02.01 02.02 Where the municipality makes appointments to bodies of its own creation and to outside bodies when requested to do'so, such appointments shall be citizen appointments, except in those situations where the municipality has a direct financial involvement, in which case Council shall determine whether or not it will appoint citizen and/or Council Members to such bodies. Council, under certain circumstances, may deem it necessary for Council representation on some Boards and Advisory Committees. Generally Boards and Advisory Committees may be either ongoing or a task force. Ongoing provides recommendations, advice and information to Council on an ongoing basis on specific municipally- related matters that relate to the mandate of Boards and Advisory Committees as set out in the Terms of Reference, established by a confirming by-law. They may include some of the following: a) Advisorv - includes bodies authorized by Municipal Council to provide input on a discretionary basis and advice to Council on a particular matter, or undertake special projects as assigned. b) Mandatorv - where a Provincial Statute prescribes the type of appointments to be made by the municipality to a given body, the Statute be complied with; c) Local Boards - means a school board, municipal service board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes, including school purposes, of a municipality; d) External Bodies - separate special purpose bodies that have a substantial amount of authority over their own operations. Policy Title: Boards & Advisory Committees of Council Policy Number: ADM 040 Page 2 of 10 '1 1 8 e) Appeals Committee - hears and deals with appeals and/or minor variances to City By-laws. 02.03 Task Forces assist in the short-term study and analysis of a specific municipally-related issue, as defined in the Terms of Reference, established by confirming by-laws. They may include staff representation as well as representation from external bodies. 03 Establishment of Boards and Advisory Committees: 03.01 Boards and Advisory Committees are proposed by resolution of Council and established by a confirming by-law. Each By-law shall incorporate the Terms of Reference for the specific Board/Advisory Committee. Prior to Council's establishment of any Board or Advisory Committee relevant director(s) shall submit a report to Council including the following information: a) Inventory of previous and existing activities related to the matter, including public consultation initiatives; b) Suggested types of public consultation; c) Board/Advisory Committee Terms of Reference; d) Membership composition and level of expertise or specialization required by committee members for the selection process; e) Orientation, training and facilitation needs. 04 Onaoina Review of Boards and Advisorv Committees: 04.01 Early in a new Council term, Council shall review all Boards and Advisory Committees. The City Clerk and the Senior Management Team shall assist in this effort by providing an overview of all Boards/Advisory Committees, including, but not limited to, the following: a) A list of Boards/Advisory Committees by name and type; b) Summary of mandates, goals and objectives for each Board/Advisory Committee; c) Achievements and challenges for each Board/Advisory Committee; Policy Title: Boards & Advisory Committees of Council Policy Number: ADM 040 Page 3 of 10 '1 1 9 d) Recommendations on the future direction of each Board/Advisory Committee and its structure in general; e) Review and recommendations on the reporting and functional relationships of Boards/Advisory Committees in general. 04.02 The Terms of Reference of each Advisory Committee shall be reviewed on an ongoing basis by relevant staff in order to ensure that the Terms of Reference, the need for and the roles of each Advisory Committee remains relevant and appropriate. 04.03 If a Board or Advisory Committee is to be disbanded, a final report on the Board/Advisory Committee activities and reasons for disbandment shall be presented to Council for approval. 05 Terms of Reference: 05.01 The terms of Reference will be established in accordance with the template included as Appendix I to this policy. 06 Appointment Process and Advertisina for Board/Advisory Committee Members: 06.01 Where a Provincial Statute prescribes the type of appointments to be made by the City to a given Board or Advisory Committee, the Statute shall be complied with. Where the City makes appointments to Boards/Advisory Committees of its own creation and to outside bodies when requested to do so, such appointments shall be citizen appointments, except in circumstances where the City has a direct financial involvement, in which instance Council shall determine whether or not it will appoint citizens and/or Council Members to such bodies. 06.02 Vacancies for citizen appointments shall be publicly advertised in the local newspaper and on the City of Pickering website. To apply to serve as a volunteer on a City Board or Advisory Committee, interested individuals shall be invited to apply and submit an Application. Applicants should be 18 years of age, a resident or municipal taxpayer in Pickering. These appointments enable local citizens from various backgrounds to participate in local government and voluntarily give their time and expertise to help formulate the direction of certain programs. Policy Title: Boards & Advisory Committees of Council Policy Number: ADM 040 Page 4 of 10 '120 06.03 Generally, the duration of Board/Advisory Committee appointments are the same as the term of Council, however staff may recommend that the terms for specific Board/Advisory Committee appointments be staggered to ensure experience and consistency in following the Board/Advisory Committee's goals and mandate. While appointees may serve on more than one Board/Advisory Committee, Council shall give first consideration to individuals who are not already appointed to another Board/Advisory Committee.' 06.04 The following process, coordinated by the City Clerk and Clerks Division, will generally be followed in initiating the recruitment, selection and appointment process: a) Upon Council passing a resolution to establish a Board/Advisory Committee, the City Clerk, in consultation with the relevant department and Staff Liaison, will advertise Committee vacancies in the local newspaper and on the City website, making note of the mandate of the Committee, a brief statement of the role and responsibilities of Committee membership, duration of term, level of commitment, application process and contact information. b) Applicants shall be required to complete and submit to the City Clerk an application form, available from the Clerk's office and the City website. Once the applications have been reviewed by staff, a, report recommending selected appointees will be prepared for approval by Council. All applications received shall be forwarded to Council with the staff report. c) The Clerks Division, on behalf of Council, shall send out confirmation letters to new Board/Advisory Committee appointees and advise of their staff liaison and any other relevant contacts. 07 Resianation/Dismissal Process: 07.01 Board/Advisory Committee members wishing to resign their appointment shall submit a letter of resignation which shall be forwarded as soon as possible to the City Clerk. Upon acceptance of the resignation, the City Clerk in consultation with the Staff Liaison will initiate the aforementioned appointment process to fill the vacancy. 07.02 Council, at its discretion can dismiss any Board/Advisory Committee in its entirety or any member thereof at any time. Policy Title: Boards & Advisory Committees of Council Policy Number: ADM 040 Page 5 of 10 1 21 08 Absentee Requirements: 08.01 If any Board/Advisory Committee member is absent from three consecutive meetings, without justification, the Chair of the Committee, in consultation with the staff liaison, will ask the member whether or not they wish to attend meetings and remain on the Committee or resign. 09 Orientation Sessions: 09.01 Orientation sessions shall be conducted for new Board/Advisory Committee appointees and for interested returning Board/Advisory Committee appointees at the beginning of each Council term. All Board/Advisory Committee members benefit from orientation. The sessions identify goals, objectives and work plans. Further sessions may be conducted for appointees during the Council term, as required. Orientation manuals will be distributed to all members of the Committee for reference purposes. Each Board/Advisory Committee manual shall include the following information: a) Establishing Resolution/Confirming By-law for Board/Advisory Committee and Terms of Reference b) Mandatory Statutes (i.e. Ontarians with Disabilities Act) c) Procedural By-Law d) City Organizational Structure e) Member Contact Information f) Council Members Contact Information g) Relevant City Policies & Procedures affecting Board/Advisory Committee members. h) Committee Relationship to Council i) Staff Support 10 Meetina Structure. Aaenda and Minute Formats: 10.01 Meeting structure, agenda and minute formats should meet the needs of Individual Boards/Advisory Committees, while ensuring Policy Title: Boards & Advisory Committees of Council Policy Number: ADM 040 Page 6 of 10 '1 22 consistency, completeness and accountability. A Board/Advisory Committee may choose to follow a more informal procedure and allow for a consensus approach to discussion. It is recommended that the following components be included in Agendas, where specific subject items are described in each component. a) Date, time, location of meeting b) Members present (include office, i.e. Chair, Recording Secretary) c) Members absent/regrets d) Disclosure of Pecuniary Interest e) Approval of previous minutes f) Presentations/Deputations g) General Business and Reports h) Correspondence i) Other Business j) Closed Session k) Next meeting I) Adjournment 10.02 It is recommended that the Board/Advisory Committee minutes briefly outline the substance of each of the agenda items discussed during the meeting, including actions taken and .recommendations by motion. Motions shall not be required to be seconded. The minutes shall be forwarded as soon as possible following the meeting to the City Clerk in order to present them to Council as information on a timely basis. Staff will be required to prepare a report for any recommendation of a Board/Advisory Committee requiring action by Council. Minutes of all meetings must be recorded. Policy Title: Boards & Advisory Committees of Council Policy Number: ADM 040 Page 7 of 10 '1 23 11 Access to Meetings: 11.01 Except as provided in this section, all meetings shall be open to the public and the media and Board/Advisory Committee Minutes shall be available upon request. The Chair or presiding Officer may expel any person for improper conduct at a meeting. A meeting may be closed to the public if the subject matter being considered is: a) the security of the property of the municipality or local board; b) personal matters about an identifiable individual, including municipal employees or local board members; c) a proposed or pending acquisition or disposition of land by the municipality or local board; d) labour relations or employee negotiations; e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality; f) the receiving of advice that is subject to solicitor-client privilege; including communications necessary for that pu rpose; g) a matter in respect of which the board or committee may hold a closed meeting under the authority of another Act. h) for the purpose of educating or training the members, subject to the condition that no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the committee. 11.02 Before holding a Meeting or part of a Meeting that is to be closed to the public, the Board/Advisory Committee shall state by Resolution: a) the fact of the holding of the Closed Meeting; b) the general nature of the matter to be considered at the Closed Meeting. c) in the case of a meeting for educational or training purposes, that it is closed for that purpose as well. Policy Title: Boards & Advisory Committees of Council Policy Number: ADM 040 Page 8 of 10 1 24 11.03 All deliberations while in Closed Session shall remain confidential unless otherwise approved by Committee in Open Session. 12 Provision for Accessibilitv and Diversitv: 12.01 Adequate provision shall be made by the Chair of the Board/Advisory Committee and relevant staff to ensure that meeting locations, agenda and minute formats, communications and conduct of meetings be accessible, to ensure maximum participation and quality customer service. Reference may be made to the provisions of the Ontarians with Disabilities Act, and similar legislation, policies and guidelines. Membership that reflects the diversity of the City community will be encouraged in the recruitment, selection and appointment process. 13 Pecuniary Interest: 13.01 If a Committee member has a pecuniary interest in any.matter and is, or will be, present at a meeting at any time at which the matter is the subject of consideration, the member: a) shall, before any consideration of the matter, at the meeting verbally disclose the interest and its general nature. b) shall not, at any time, take part in the discussion of, or vote on, any question in respect to the matter; and c) shall leave the meeting and remain absent from it at any time during consideration of the matter. 14 BudaetlFinancial Reportina: 14.01 Boards/Advisory Committees may make requests for budget allocations through their staff liaison in advance of the City's annual budget process. All related revenue and expenditure transactions will follow Council approved policy. Requests must relate to specific activities approved in the Board/Advisory Committee's mandate and work plan. Requests shall be submitted by the appropriate department head for consideration in the City's budget review. 15 Remuneration & Expenses: 15.01 In accordance with Section 284(3) of the Municipal Act, if, in any year, the Committee pays remuneration or expenses to one of its members who was appointed by Council, the Committee shall on or before January 31 in the following year provide to the Treasurer an Policy Title: Boards & Advisory Committees of Council Policy Number: ADM 040 Page 9 of 10 '1 25 itemized statement of the remuneration and expenses paid for the year. 16 City Policies and Procedures: 16.01 Board and Advisory Committee members shall adhere to the policies and procedures of the City of Pickering. Appendix 1 - City of Pickering Boards and Advisory Committees. of Council Organizational Structure Policy Title: Boards & Advisory Committees of Council Policy Number: ADM 040 Page 10 of 10 Attachment NO.2 to '1 2 6 Report CAO 07-08 BOARDS AND ADVISORY COMMITTEES Committees not Active/To be Closed . Ajax/Pickering Transit Authority Due to the MOU no longer valid, appointments are now deemed redundant. . Durham West Arts Centre Board No re-application for a member of Council to be appointed to this board was received in 2006, therefore it should be removed from our active listing. . Pickering/Ajax Citizens Together (PACT) No re-application for a member of Council to be appointed to this board was received in 2006, therefore it should be removed from our active listing. · PickeringlAjax/Whitby Joint Animal Services Board Due to the Terms of Agreement being no longer valid, appointments are now deemed redundant. . Social Development Council No re-application for a member of Council to be appointed to this board was received in 2006, therefore it should be removed from our active listing. . Winterfest Committee This Committee was established by Resolution # 12/98 passed on January 19, 1998 and was originally known as the Festival of Lights Committee. The Committee was established with the appointment of three members of Council and that public involvement and participation in the committees may be determined by the committee. There have been no appointments to this Committee since 2004. I t. 127 APPOINTMENTS TO ADVISORY COMMITTEES MASTER LISTING Attachment NO.3 to Report CAO 07-08 Councillor Mclean from December 1, 2006 to March 31,2008 Councillor Littley From April 1 ,2008 to Jul 31,2009 Councillor Johnson from August 1 , 2009 to December 31,2010 1 2 '1 28 '1 29 '1 30 Duffins & Carruthers Creek Watershed Task Force Mandate: To assist with the preparation of a Watershed Management Plan for the Duffins and Carruthers Watershed. Designated Department Responsible: Not applicable. . Membership: 2 Council appointment Mayor as ex-officio Meeting Day/Time: As required. 4 5 1 32 '133 7 134 I " 1 3 9 Attachment No.4 to Report CAO 07-08 Terms of Reference '1 36 1.0 Enablinq Leqislation 1.1 1.2 2.0 Responsibilities 3.0 Composition 3.1 The Committee shall be comprised of ( ) citizen appointments and ) member of Council. 4.0 Committee Chair 4.1 The Chair shall be elected by a majority of committee members for a one year term at the first meeting of each calendar year. An individual shall only act as a Chair for a maximum of two consecutive years unless the committee determines otherwise with the unanimous consent of its membership. 4.2 The Chair's role is to provide guidance and leadership to the committee in the completion of its mandate. 4.3 The Chair shall ensure that decorum is maintained at each meeting and that the rules of procedure (as per Procedural By-law 6746/07) are observed. 5.0 Vice-Chair 5.1 The Vice-Chair shall be elected by a majority of committee members for a one year term at the first meeting of each calendar year. 5.2 An individual shall act as Vice-Chair for a maximum of two consecutive years. 5.3 The Vice-Chair acts in the Chair's absence and assumes the roles and responsibilities of the Chair. - 1 - Attachment NO.4 to Report CAO 07-08 T~r;.Qls of Reference "I ~ I 6.0 Councillors 6.1 A member of Council is appointed to the Committee to fulfill the responsibility of acting as a liaison between Council and the Committee; respond to Committee members' questions; interpret Council's direction to the committee; provide updates on Committee activities to Council and to provide updates on Council activities to the Committee. 7.0 Committee Members 7.1 Committee members shall contribute time, knowledge, skill and expertise to the fulfillment of the committee's mandate; research issues relevant to their committee's mandate as required; work with staff to implement Council's decisions relevant to the Committee's mandate and commit to attending regular meetings during the year. 7.2 The appointment of a citizen member to a committee shall be rescinded should the member be absent from three consecutive meetings or absent from over 50% of the meetings in one year, unless excused by the Committee due to extenuating circumstances. The City Clerk shall maintain the master record of member attendance. 7.3 Where a vacancy occurs in the Committee for any reason, Council shall by resolution appoint a person qualified to hold office for the remainder of the term for which his/her predecessor was appointed. 8.0 City Staff 8.1 The Clerks Division will provide administrative support staff that shall: . Distribute the agenda · Notify members of upcoming meetings · Address administrative duties including correspondence, reports, presentations etc. . Record and circulate minutes . Follow up on committee issues. 8.2 The shall act as subject matter experts and provide information to assist the committee in reaching decisions. The may assign a staff member as a resource to provide information to the committee. - 2 - Attachment NO.4 to Report CAO 07-08 Terms of Reference '1 38 9.0 Reportinq 9.1 The Committee will provide an annual report at year end to Council to communicate its activities in the preceding year and to set goals for the coming year. 9.2 The Committee will provide an annual workplan for consideration by Council in fulfilling its statutory mandate. 10.0 Meetinqs 10.1 The Committee shall meet on at 10.2 A meeting schedule is 11.0 Conflict of Interest 11.1 Committee members are deemed not to have pecuniary conflict of interest in that they have no decision making ability. However, members should be cognizant of any perceived conflict in terms of issues, which may serve to benefit them personally. Members shall not use their status on committees for personal or political gain. 12.0 Budqet 12.1 shall be responsible for the Committee budget, which shall be submitted annually in accordance with established City budget guidelines. 12.2 The will present a draft budget for review by the Committee on an annual basis, prior to submission to the Chief Administrative Officer for approval. - 3 -