HomeMy WebLinkAboutCLK 01-19--C~of--Pl(KERlNG From: Paul Bigioni Director, Corporate Services & City Solicitor Report to Executive Committee Report Number: CLK 01-19 Date: February 4, 2019 Subject: Update to Procedure By-law -Inclusion of Provisions regarding Pregnancy and Parental Leave for Members of Council Recommendation: 1. That Report CLK 01-19 respecting an update to the Procedure By-law pertaining to provisions regarding pregnancy and parental leave for Members of Council be received; 2. That the draft By-law included as Attachment #1 to CLK 01-19 be enacted; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: Through Bill 68 there have been several amendments to the Municipal Act, 2001, one being the provision that requires municipalities to adopt a policy regarding pregnancy and parental leaves for Members of Council. Financial Implications: There are no financial implications associated with this by-law. Discussion: Section 259 of the Municipal Act, 2001 outlines the various parameters in which a seat of a Member of Council becomes vacant. More specifically, section 259 (1)(c) provides that a Member's seat becomes vacant if the Member is absent from the meetings of Council for three successive months without being authorized to do so by a resolution of Council. Through Bill 68 an exception is provided to this provision. Section 259 (1.1) states "clause (1)(c) does not apply to vacate the office of a member of council of a municipality who is absent for 20 consecutive weeks or less if the absence is a result of the member's pregnancy, the birth of the member's child or the adoption of a child by the member". As of March 1, 2019, the City is required to have a policy to this effect. Given the fact that Members of Council are not considered City employees and do not contribute to and cannot apply for Employment Insurance benefits for a pregnancy or parental leave, there are limited provisions 'that need to be included in a policy. To that extent, staff are recommending that these provisions be included in the Procedure By-law rather than a stand-alone policy at this time. The City Clerk has consulted with the Director, Human Resources and confirmed that should a Member take a leave they would continue to be compensated through the Council Compensation Policy unless Council directs otherwise.
CLK01-19 February 4, 2019 Update to Procedure By-law -Inclusion of Provisions regarding Pregnancy and Parental Leave for Members of Council Page 2 The following wording is proposed for inclusion in the Procedure By-law to be added as sections 03.03 and 03.04: 03.03 In accordance with Section 259(1) of the Municipal Act, 2001, the office of a Member becomes vacant if the Member is absent from the meetings of Council for three successive months without being authorized to do so by a resolution of Council. This section does not apply to a Member who is absent for 20 consecutive weeks or less if the absence is a result of the Member's pregnancy, the birth of the Member's child or the adoption of a child by the Member. 03.04 A Member who takes a pregnancy or parental leave shall notify the City Clerk in writing and will continue to be compensated under the Council Compensation Policy for the duration of their leave up to 20 consecutive weeks. · Attachments: 1. Draft By-law to Amend Procedure By-law 7665/18 Prepared By: A :ved/Endorsed By: orate Services & City Solicitor Recommended for the consideration of Pickering Cu )a,,{. 1..(, Ztl('f Tony Prevedel; P.Eng .. Chief Administrative Officer CORP0227-07/01 revised
The Corporation of the City of Pickering By-Law No. xxxx/19 Being a by-law to amend By-law 7665/18, which governs the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings. Whereas on December 10, 2018 the Council of the Corporation of the City of Pickering passed By-law 7665/18 to govern the proceedings of Council and its committees; and, And Whereas changes to the Municipal Act, 2001 through Bill 68 require municipalities to adopt policies regarding pregnancy and parental leave for Members of Council; And Whereas in order to comply with the provisions of the Municipal Act, 2001, Council wishes to amend By-law 7665/18. Not therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: That the following sections be added as Items 03.03 and 03.04 and the By-law renumbered accordingly: 03.03 In accordance with Section 259(1) of the Municipal Act, 2001, the office of a Member becomes vacant if the Member is absent from the meetings of Council for three successive months without being authorized to do so by a resolution of Council. This section does not apply to a Member who is absent for 20 consecutive weeks or less if the absence is a result of the Member's pregnancy, the birth of the Member's child or the adoption of a child by the Member. 03.04 A Member who takes a pregnancy or parental leave shall notify the City Clerk in writing and will continue to be compensated under the Council Compensation Policy for the duration of their leave up to 20 consecutive weeks. By-law passed this 25th day of February, 2019. David Ryan, Mayor Susan Cassel City Clerk