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DICKERING
Executive Committee Agenda
Monday, March 4, 2019
Council Chambers
2:00 pm
Chair: Councillor McLean
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PICKERING
Executive Committee
Meeting Agenda
Monday, March 4, 2019
Council Chambers - 2:00 pm
Chair: Councillor McLean
(I) Disclosure of Interest Pages
(II) Delegations
1. Jennifer O'Connell, MP Pickering -Uxbridge
Re: Update from Federal Government
(III) Matters for Consideration
1. Chief Administrative Officer Report CAO 05-19 1-4
City Centre Project: Project Management and Preliminary Engineering Services
Recommendation
1. That Council approve the hiring of Sabourin, Kimble & Associates Ltd. to
provide project management services and undertake the necessary
preliminary engineering services associated with the City Centre Project,
in accordance with Purchasing Policy 10.03 (c) as the assignment is
above $50,000.00;
2. That City staff be authorized to continue negotiations with Sabourin,
Kimble & Associates Ltd. in order to finalize a consulting agreement that is
in a form satisfactory to the Chief Administrative Officer;
3. That the total gross project cost of $500,000.00 (plus HST) be approved
for this assignment;
4. That Council authorize the Director, Finance & Treasurer to finance the
net project cost from Capital Budget account 5203.1902.6500;
5. That staff be authorized to enter into discussionawith Ontario Pension
Board Reality Inc., the owner of Pickering Town Center to cost share the
above noted project cost; and
6. That the appropriate officials of the City of Pickering be authorized to take
the necessary actions as indicated in this report.
For information related to accessibility requirements please contact:
Linda Roberts
905.420.4660 extension 2928
Irobertspickerinq.ca
. d
PICKERING
Executive Committee
Meeting Agenda
Monday, March 4, 2019
Council Chambers - 2:00 pm
Chair: Councillor McLean
Director, Finance & Treasurer, Report FIN 03-19 5-13
Statement of the Treasurer Respecting 2018 Remuneration and Expenses of
Members of Council and Council Appointees to Boards, Agencies and
Committees
Recommendation
It is recommended that Report FIN 03-19 of the Director, Finance & Treasurer
regarding the Statement of the Treasurer respecting Remuneration and
Expenses of Members of Council and Council Appointees for the year 2018 be
received for information.
3. Director, Corporate Services & City Solicitor, Report CLK 03-19 14-56
Boards and Advisory Committees of Council Policy and
Terms of Reference Updates
Recommendation
1. That Report CLK 03-19 pertaining to updates to Boards and Committees
Policy ADM 040 and the Terms of Reference for Pickering Boards and
Committees of Council be received;
2. That the changes to Policy ADM 040 included as Attachment #1 to CLK
03-19 be approved; .
3. That the list of Boards and Committees and their respective Terms of
Reference included as Attachment #2 to CLK 03-19 be approved; and,
4. That the appropriate City of Pickering officials be authorized to take the
necessary actions as indicated in this report.
4. Director, Corporate Services & City Solicitor, Report CLK 02-19 57-124
Revisions to Code of Conduct Policy ADM 070 and Procedure ADM 070-001
-Changes required through Bill 68, Harmonization of Gifts and Benefits Wording
and Housekeeping Matters
Recommendation
1. That Report CLK 02-19 respecting changes to the Code of Conduct Policy
ADM 070 and Procedure ADM 070-001 be received;
2. That the changes to Policy ADM 070 as outlined in Attachment#1 to CLK
02-19 be approved;
DICKERING
Executive Committee
Meeting Agenda
Monday, March 4, 2019
Council Chambers - 2:00 pm
Chair: Councillor McLean
3. That the changes to Procedure ADM 070-001 as outlined in Attachment
#2 to CLK 02-19 be approved;
4. That the Mayor and Clerk be authorized to execute an addendum
agreement for Integrity Commissioner services to align with the new
provisions of Bill 68;
5. That the draft by-law to amend Procedure By-law #7665/18 as presented
in. Attachment #3 to CLK 02-19 be enacted;
6. That the draft by-law to confirm the appointment of the Integrity
Commissioner and the expanded roles and responsibilities as presented
in Attachment #6 to CLK 02-19 be enacted;
That a copy of this report be forwarded to the Regional Clerk, Regional
Municipality of Durham, all Durham Region Municipalities and to the
Integrity Commissioner, Guy Giorno, Fasken Martineau Dumoulin LLP;
and
8. That the appropriate City of Pickering officials be authorized to take the
necessary actions as indicated in this report.
(IV) Other Business
(V) Adjournment
DICKERING
Cdp
Report to
Executive Committee
Report Number: CAO 05-19
Date: March 4, 2019
From: Tony Prevedel
Chief Administrative Officer
Subject: City Centre Project: Project Management and Preliminary Engineering Services
- File: A-1440
Recommendation:
1. That Council approve the hiring of Sabourin, Kimble & Associates Ltd. to provide project
management services and undertake the necessary preliminary engineering services
associated with the City Centre.Project, in accordance with Purchasing Policy 10.03 (c) as
the assignment is above $50,000.00;
2. That City staff be authorized to continue negotiations with Sabourin, Kimble & Associates
Ltd. in order to finalize a consulting agreement that is in a form satisfactory to the Chief
Administrative Officer;
3. That the total gross.project cost of $500,000.00 (plus HST) be approved for this assignment;
4. That Council authorize the Director, Finance & Treasurer to finance the net project cost from
Capital Budget account 5203.1902.6500;
5. That staff be authorized to enter into discussions with Ontario Pension Board Reality Inc.,
the owner of Pickering Town Center to cost share the above noted project cost; and
6. That the appropriate officials of the City of Pickering be authorized to take the necessary
actions as indicated in this report.
Executive Summary: With the closure of Sears retail stores across the Country, in particular
at the Pickering Town Centre (PTC), and the relocation of the movie theatres to the west side of
the mall, staff have been in discussions with Ontario Pension Board (OPB) Realty Inc., in regards
to the redevelopment of the east side of the PTC property which will allow for the development of
residential and non-residential uses that would fit within the context of the City's vision for
intensifying the City Centre.
The unique opportunity to integrate a number of distinct, private and public interests in a cohesive
manner would create a landmark destination that would transform the downtown core and uplift
Pickering's identity. The combination of a dense and walkable residential community that
encompasses a commercial node, brand new municipal facilities, and a central public realm will.
transform Pickering City Centre.
In order to move forward with this project, staff need to initiate the necessary preliminary
engineering design tasks and project management work for the City Centre.
1
CAO 05-19 March 4, 2019
Subject: City Centre Project: Project Management and
Preliminary Engineering Services Page 2
Sabourin, Kimble & Associates Ltd. has extensive experience in managing Targe scale projects
and undertaking the necessary engineering design work for a.project of such magnitude. It is a
company that is very familiar with the various provincial and regulatory requirements applicable to
this project.
In accordance with Purchasing Policy 10.03 (c) where the professional service assignment is
expected to be above $50,000.00 and the initiating Director intends to acquire the services without
going through a competitive process, Council approval is required to engage a firm for a
professional services assignment.
Financial Implications: This cost is initially funded from the Rate Stabilization Reserve. Staff
will explore the option of determining if part of these costs could be attributed to a specific City
Centre capital building project that in -turn would translate into partial subsidy from development
charges.- Any possible DC funding would reduce the draw from the Rate Stabilization Reserve.
Discussion: With the City's ongoing partnership with the ownership group for the
Pickering Town Centre, the Pickering City Centre project is set to be an opportunity the provides a
long-term direction for the City.
It is the result of the City's visioning exercise completed in 2012 that outlined the various concepts
and ideas for the future of Pickering's City Centre. In working with OPB Reality Inc., the City
Centre vision will be dynamic and yet accommodating to the future growth opportunities that will
come before the City in the coming years.
During the 2018 budget process, funds were included and presented for the design and
construction of the proposed new Seniors/Youth Centre, plus soft costs to determine and set the
City facility operational requirements, identify building design criteria, system requirements,
performance levels and other deliverables. Aside from City funded construction and soft costs in
Phase 1, OPB Reality Inc. is also planning on including the construction of the following: A
condominium tower along The Esplanade South , and 2 condominium towers, a hotel and retail
space on their own property.
In order to accommodate project timelines set out by City staff and senior officials from OPB
Reality Inc., the City plans to initiate the review and assessment of the engineering work involved
with the City Centre Project.
At the request of City staff, Sabourin, Kimble & Associates Ltd. submitted a proposal for project
management and preliminary engineering services for the City Centre Project, dated February 12,
2019 (Attachment #1). The proposal provides a detailed scope of services to be provided for both
project management and preliminary engineering services. Sabourin, Kimble & Associates Ltd.
and Municipal Engineering Solutions offer a joint venture solution for project management
collectively bringing over.70 years of expertise to the project. The firm of Sabourin, Kimble &
Associates will provide preliminary engineering services specifically related to municipal services
such as sanitary sewer, water supply, and stormwater management and drainage, including
capacity analysis and municipal service relocations to accommodate proposed development.
2
CAO 05-19 March 4, 2019
Subject: City Centre Project: Project Management and
Preliminary Engineering Services Page 3
Sabourin, Kimble & Associates Ltd. has extensive experience and in-depth knowledge with the
complexity of servicing, required studies and approvals for municipal projects of such magnitude.
They have been involved in the project management of the Pickering Innovation Corridor for the
past 9 months, and have developed a strong relationship with key staff members at the City of
Pickering.
As time is of the essence, staff are recommending that a total gross project cost of $500,000.00
(plus HST) be approved by Council for this assignment.
Attachments:
1. Proposal for Project Management & Preliminary Engineering Services — Pickering City
Centre Project — Sabourin Kimble & Associates Ltd. dated February 12, 2019
3
CAO 05-19 March 4, 2019
Subject: City Centre Project: Project Management and
Preliminary Engineering Services
Page 4
Prepare By:
F=ia Jad Ec.D., CEcD, MPM
Manager, Economic Development &
Strategic Projects
FJ:mjh
Approved/Endorsed By:
Ri and Hol • orn, P.Eng.
'rector, Engineering Services
Stan Karwowski, MBA, CPA, CMA
Director, Finance & Treasurer
Recommended for the consideration
of Pickering City Council
Ade 2-°/17
Tony Prevedel, P.Eng.
Chief Administrative Officer
4
DICKERING
Report to
Executive Committee
Report Number: FIN 03-19
Date: March 4, 2019
From: Stan Karwowski
Director, Finance & Treasurer
Subject: Statement of the Treasurer Respecting 2018 Remuneration and Expenses
of Members of Council and Council Appointees to Boards, Agencies and
Committees
Recommendation:
It is recommended that Report FIN 03-19 of the Director, Finance & Treasurer regarding
the Statement of the Treasurer respecting Remuneration and Expenses of Members of
Council and Council Appointees for the year 2018 be received for information.
Executive Summary: Section 284(1) of the Municipal Act 2001 (the "Act") states in
part that the Treasurer of every municipality shall, in each year, submit to the Council of
the municipality, an itemized statement (the "Statement") of the remuneration and
expenses paid to each Member of Council. The statement must also include
remuneration and expenses paid to any other person who has been appointedlby
Council to serve as a member of any body.
Financial Implications: This report contains no new financial implications as the
expenditures were provided for in the 2018 Current Budget approved by Council.
Discussion: Over the past few years, the Statement has evolved to include various
categories of expenditures that have been interpreted to be required under the Act
and/or financial reporting requirements of the Province of Ontario and professional
accounting bodies.
The Statement also includes expenses paid on behalf of Members of Council or
Committee appointees. This fulfils the intent of the Act by ensuring that all expenses
incurred for a Councillor's benefit are accounted for.
The Statement excludes expenditures that are corporate in nature, for example, Council
receptions, Committee meeting expenses and City Hall administration and overhead
5
Report FIN 03-19 March 4, 2019
Subject: Statement of the Treasurer Respecting 2017 Remuneration
and Expenses of Members of Council and Council Appointees
to Boards, Agencies and Committees
Page 2
expenses. Remuneration and expenses paid by Veridian Corporation to Pickering
Council appointees to the Veridian Board have been included in the Statement. The Act
stipulates that any body to which a Council appointment is made must provide the
municipality with a statement of remuneration and expenses paid for the year, and this
information must be included in the Statement. Expenses paid by several other bodies
to which Council makes appointments have also been included in the Statement.
The amounts paid by the Region of Durham to Regional Councillors are not included in
the Statement.
Attachments:
1. Members of Council, 2018 Remuneration and Expenses
2. Members of Council, Detailed Breakdown of 2018 Expenses
3. Council Appointees, 2018 Remuneration and Expenses Paid by Veridian Corporation
4. Council Appointees, 2018 Remuneration and Expenses
Prepared By: Approved / Endorsed By:
ulie S. Robertson
Senior Financial Analyst
Stan Karwowski
Director, Finance & Treasurer
Recommended for the consideration
of Pickering City uncil
Tony Prevedel, P. Eng.
Chief Administrative Officer
(7,2o►f7
6
Statement of Treasurer
Members of Council
2018 Remuneration and Expenses
Remuneration (1) Per Diems (2) Benefits (3) Expenses (4) Travel Total Current Capital(5)
($) ($) ($) ($) ($) ($) ($)
Mayor
D. Ryan 86,115 20,803 22,226 18,059 147,203
86,115 - 20,803. 22,226 18,059 147,203
Councillors
K. Ashe 35,882 3,588 15,905 6,719 12,367 74,461
M. Brenner 35,882 3,588 13,855 6,647 12,000 71,972
S. Butt ' 35,882 3,588 15,905 7,720 12,000 75,095
I. Cumming 35,882 3,588 13,855 2,904 12,000 68,229
B. McLean 35,882 3,588 13,855 5,790 12,000 71,115
D. Pickles 35,882 3,588 15,905 6,498 12,000 73,873
215,292 21,528 89,280 36,278 72,367 434,745
Notes to Members of Council:
(1) Authority: Resolution 73/05, 12/07, 214/07, 54/11, 152/11, and 48/15 Council Compensation Policy ADM 190 and.
Municipal Act, 2001 Section 283
Includes one third portion deemed tax free.
Excludes amounts paid to City of Pickering Regional Councillors by the Region of Durham. Such amounts are reported separately by the Region.
(2) Per diem payments to Members of Council are for attendance at special meetings throughout the year.
(3) Benefits include RRSP contributions (in lieu of a pension plan), health, dental and life insurance coverage, CPP and EHT costs.
(4) See detailed breakdown of expenses on Attachment 2.
(5) Computer hardware, software and telecommunications equipment provided under the Council Compensation Policy. A total of $10,000 is provided per
term, and these funds can only be spent during the first three years of office.
ATTACHMENT # 1 TO REPORT #1,2a1_03
CO
Statement of Treasurer
Members of Council
Detailed Breakdown of 2018 Expenses
Meals, Recpt,
Cellular Telephone Newsletter/ Corporate Prom & Sp Office Total
Conferences Phones & Internet (1) Postage • Initiatives Events Supplies Expenses
($) ($) ($) ($) ($) ($) ($) ($)
Mayor
D. Ryan 2,398 716 16,098 3,014 22,226
2,398 716 16,098 3,014 22,226
Councillors .
K. Ashe 137 1,063 1,951 3,201 326 41 6,719
M. Brenner 1,291 1,058 3,749 326 223 6,647
S. Butt 1,846. 248 461 4,088 1,003 74 7,720
I. Cumming 1,154 1,105 82 563 2,904
B. McLean 1,201 982 2,224 494 889 5,790
D. Pickles 550 451 4,688 768 41 6,498
1,983 5,507 6,008 18,032 3,480 1,268 36,278
(1) Councillors - home telephones and Internet charges provided under Council Compensation Policy.
ATTACHMENT # _3 TO REPORT # P3
Statement of Treasurer
Council Appointees
2018 Remuneration and Expenses Paid by Veridian Corporation
Remuneration Expenses (3) Total
$ $ $
Veridian Corporation (1,2)
Board of Directors
K. Ashe (4) 19,094 265 19,359
T. Baker (5) 16,441 7,895 24,336
R. Chatterton (5) 21,741 60 21,801
D. Pickles (4) 24,932 24,932
D. Ryan (6) 18,564 18,564
100,772 8,220 108,992
Notes to Veridian Corporation and Board of Directors:
(1) The above information was provided by the Manager, Executive Office & Public
Affairs, Veridian Corporation.
(2) Remuneration and expenses • are paid by Veridian Corporation as may be
established by the Board of Directors. The term of office for the Board follows the
calendar year. Therefore, the above expenses are for 12 months ending
December 31, 2018.
(3) Expenses include conferences, meals and mileage.
(4) Appointed by Council under City of Pickering By-law 7400/14; Resolution #307/14;
Resolution #195/16 extended the appointment for two additional years to expire
December 31, 2018.
(5) Appointed by Council under City of Pickering By-law 7400/14; Resolution #311/14
for a term to expire December 31, 2018.
(6) Automatically appointed through the Veridian Corporation Amended and Restated
Shareholders' Agreement.
9
ATTACHMENT # 4 TO REPORT #.E1A103-fi
Statement of Treasurer
Council Appointees
' 2018 Remuneration and Expenses
Remuneration Expenses (7) Total
$ $ $
Accessibility Advisory Committee (1,4,6)
P. Bashaw (8) - S. Wilkinson (8) 304
D. Hughes (8) - 120
A. Doucette (8)
E. Fulton (12)
V. Ronaldi (12)
M. Thorpe Ross (12)
J. Whynot (12)
B. D'Souza (14)
D. Wysocki (14)
•
Animal Services Appeal .Committee (1)
Councillor Cumming (11)
M. O'Brien (8)
S. Beadle (8)
304
120
424 424
Committee of Adjustment (1,2)
T. Copeland (8) 1,120 84 1,204
D. Johnson (8) 960 58 1,018
E. Newton (8) 1,040 53 1,093
D. Rundle (8) 960 254 1,214
S. Wiley (8) 1,040 82 1,122
5,120 MI 5,651
Cultural Advisory Committee (3)
C. Hunt (9)
S. Munir (9)
A. Revoy (9)
M. MacDonald (16)
10
Statement of Treasurer
Council Appointees
2018 Remuneration and Expenses
Remuneration Expenses (7) Total
$ $ $
Heritage Pickering Advisory Committee (1,6)
W. Jamadar (8)
T. Reimer (8)
C. Sopher (8).
J.
8) -
J. Van Huss (8)
J. Dempsey (8)
K. Borisko (8)
J. Calder (8,17)
D. Hazlett (9,21)
B. Lai (14)
Pickering Public Library Board (1,6)
Councillor Cumming (11)
Councillor Brenner (16)
M. Anderson (8) - 204 204
R. Coelho (8)
J. Sabean (8)
S. Bhatia (8)
D. Sharma (8)
I. Thomaidis (8)
S. Sheehy (9) 204 204
A. Vashisht (14,19)
Pickering Museum Village Advisory
Committee (1)
R. Cowan (8,20)
L. Drake (8)
D. Hudson (8)
G. Lowman (8)
P. Savel (8)
L. Coulter (8)
P. Fuselli (8)
G. Strange (15) '
B. Welsh (15)
408 408
11
Statement of Treasurer
Council Appointees
2018 Remuneration and Expenses
Remuneration Expenses (7) Total
$ $ $
Property Review Committee (1)
P. Dickson (8)
R. Farrell (8,18)
G. Fernandes (8)
C. Lavoie (8)
P. Short-Galle (8)
Taxicab Advisory Committee (1,5)
Councillor Cumming (13)
Livestock Valuers (1)
J. Laider (8)
Durham Region Transit (1)
J. Gaw (10)
Notes to Council Appointees:
All payments are authorized under Council's adoption of the 2018 Current Budget.
(1) Authority: By-law 7406/15
Municipal Act, 2001 Section 283
(2) Authority: By-law 5242/98
Municipal Act, 2001 Section 283
(3) Authority: By-law 7462/15
Municipal Act, 2001 Section 283
(4) Authority: By-law 7479/16
Municipal Act, 2001 Section 283
(5) Authority: By-law 7520/16
Municipal Act, 2001 Section 283
(6) Authority: By-law 7525/16
Municipal Act, 2001 Section 283
(7)
12
Expenses include conferences, travel and meeting expenses.
Statement of Treasurer
Council Appointees
2018 Remuneration and Expenses
(8) Council appointees are for a new term commencing February 1, 2015 and ending
November 30, 2018 under City of Pickering Resolution #17/15 for a term to expire
November 30, 2018.
(9) Resolution #120/15, Council appointee for a term to expire November 30, 2018.
(10) Resolution #5/15, Council appointee fora term to expire November 30, 2018.
(11) Resolution #6/15, Council appointee for a term to expire November 30, 2018.
(12) Resolution #150/16, Council appointee for a term to expire November 30, 2018.
(13) Resolution #218/16, Council appointee for a term to expire November 30, 2018.
(14) Resolution #241/16, Council appointee for a term to expire November 30, 2018.
(15) Resolution #350/17, Council appointee for a term to expire November 30, 2018.
(16) Resolution #359/17, Council appointee for a term to expire November 30, 2018.
(17) Resigned January, 2018.
(18) Resigned March, 2018.
(19) Resigned May, 2018.
(20) Resigned July, 2018.
(21) Resigned September, 2018.
13
PICKERING
c4
Report to
Executive Committee
Report Number: CLK 03-19
Date: March 4, 2019
From: Paul Bigioni
Director, Corporate Services & City Solicitor
Subject: Boards and Advisory Committees of Council Policy and Terms of Reference Updates
- File: A-1410-19
Recommendation:
1. That Report CLK 03-19 pertaining to updates to Boards and Committees Policy ADM 040
and the Terms of Reference for Pickering Boards and Committees of Council be received;
2. That the changes to Policy ADM 040 included as Attachment #1 to CLK 03-19 be approved;
3. That the list of Boards and Committees and their respective Terms of Reference included as
Attachment #2 to CLK 03-19 be approved; and,
4. That the appropriate City of Pickering officials be authorized to take the necessary actions as
indicated in this report.
Executive Summary: The Municipal Act, 2001 authorizes municipalities to create various
advisory boards and committees to assist Council on specific matters. Section 04.07 of the City's
Procedure By-law requires that at the beginning of each term of Council, a review of the City's
Boards and Committees Terms of Reference is conducted. As part of this review, the Boards and
Advisory Committees of Council Policy ADM 040 was also reviewed and updated and is
presented to Council for consideration and approval.
Financial Implications: There are no financial implications with this report.
Discussion: The City Clerk and staff in Legislative Services met with the staff liaisons
for the City's Advisory Boards and Committees to discuss their Committee's Terms of Reference
and the overriding Boards and Advisory Committees of Council Policy ADM 040.
Staff liaisons were requested to present the Terms of Reference to their Committees at their first
meetings of 2019 (when possible) and provide any updates and/or feedback. Feedback was also
solicited regarding any changes that might be required to Policy ADM 040.
Changes to the Policy and individual Board/Committee Terms of Reference have been included
with tracked and/or highlighted changes as Attachment Nos.1 and 2 to this Report. All of the
proposed changes are a result of suggestions from the Board/Committee or staff liaison to better
14
CLK 03-19 March 4, 2019
Subject: Boards and Advisory Committees of Council
Policy and Terms of Reference Updates Page 2
reflect their current functions. The Library changes have been included to align with the Library
Board By-law.
It should be noted that the Terms of Reference for the Pickering Museum Village Advisory
Committee have not been included as Staff have been directed to report back to Council on the
Museum Advisory Committee at the Council meeting to be held on March 25, 2019.
In addition to the changes reflected in Attachment Nos. 1 and 2, the following provides an
overview summary of the proposed changes to the Policy and Terms of Reference:
Summary of Policy Changes:
The changes to the Policy focused on:
• housekeeping items to maintain language consistency with recent amendments to the
Municipal Act and Procedure By-law;
• the addition of definitions;
• updates to some of the terminology in the Policy;
• the rearranging of various sections to eliminate duplication and provide an easier flow of
information;
• clarity around staff's roles in the solicitation and recruitment process for Boards and
Committees; and,
• the information provided to Committees as part of their orientation.
The Policy updates are reflective of the practices currently undertaken by City Staff.
Summary of Changes to Terms of Reference:
Accessibility Advisory Committee:
Section 2.0 — the word 'Council' changed to `City' to better reflect responsibilities.
Animal Services Committee:
No Changes
Committee of Adjustment:
Section 1.0 — Update to the Committee's mandate to better reflect their responsibilities under
the Planning Act;
Section 2.0 — addition of conducting site inspections;
C0RP0227-07/01 revised
15
CLK 03-19
Subject: Boards and Advisory Committees of Council
Policy and Terms of Reference Updates
March 4, 2019
Page 3
Section 5.0 — updates to the meeting schedule; number of applications considered at a meeting;
clarification of the purpose and process surrounding the 6:30 pm 'pre -meeting'; and other minor
wording updates;
Section 6.0 — updated by-law reference for honorarium and mileage rates.
Cultural Advisory Committee:
Section 2.0 — updated wording to include `and/or the Coordinator, Cultural Services';
Section 3.0 — changes to composition from 10 to 12 members with 8 of those members
representing related community organizations and updates to reflect current department names;
Section 5.0 — updates to the wording surrounding the number of meetings held each year.
Heritage Pickering Advisory Committee:
No Changes
Pickering Public Library Board:
Change to reflect the legal name of the Library;
Section 1.0 — Mandate changed to `Enabling Legislation';
Section 4.0 and 5.0 — increase of Chair and Vice -Chair terms to 2 years;
Section 7.0 - addition of description of Board Treasurer to coincide with Library Board By-law;
Section 9.0 — revision of description of Library Staff to coincide with Library Board By-law;
Section 11.0 — revised meeting scheduled to coincide with Library Board By-law;
Section 12.0 — addition of Conflict of Interest wording to coincide with Library Board By-law.
Property Review Committee:
No Changes
Site Plan Advisory Committee:
Section 1.0 — updated mandate to coincide with By-law 7632/18
Section 3.0 — change from Senior Planner to 'Principal Planner'
Taxicab Advisory Committee:
CORP0227-07/01 revised
16
CLK 03-19
Subject: Boards and Advisory Committees of Council
Policy and Terms of Reference Updates
March 4, 2019
Page 4
No Changes
Staff are seeking Council's approval of the proposed changes to Policy ADM 040 and each
Committee's Terms of Reference as noted in Attachment Nos. 1 and 2 to CLK 03-19.
Attachments:
1. Draft Boards and Committees Policy ADM 040 with Tracked Changes
2. List of Boards and Committees and Terms of Reference with Tracked/Highlighted Changes
Prepared By:
Susan Cassel
City Clerk
SC:sc
vedlEndorsed By:
Recommended for the consideration
of Pickering City Council
Tony Prevedel, P.Eng.
Chief Administrative Officer
IT, 2017
CORP0227-07/01 revised
orate Services & City Solicitor
17
czy a�
DICKERING
Attachment #1 to CLK 03-19
Policy
Procedure Title: Boards & Advisory Committees of Council
Policy Number -
ADM 040
Reference
Municipal Act
Procedure By-law, as amended
Resolution #165/10
Resolution #301/14
Resolution #xxx/1 9
Date Originated (m/d/y)
November 10, 2008
Date Revised (m/d/y)
December 13, 2010
October 2012
December 15, 2014
March 4, 2019
Pages
146
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. 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's Procedural By-law which applies to all Boards and
Advisory Committees, including staff liaisons.
Index -
01 Definitions
02 Implementation Procedure — Classification of Boards and Advisory Committees
03 Establishment of Boards and Advisory Committees
04 Relationship between Advisory Committees and Council
05 Ongoing Review of Boards and Advisory Committees
06 Terms of Reference
07 Appointment Process and Advertising for Board/Advisory Committee Members
08 Resignation/Dismissal Process
09 Absentee Requirements
10 Orientation Sessions
18
11 Meeting Structure, Agenda and Minute Formats
12 Access to Meetings
13 Provision for Accessibility and Diversity
14 Pecuniary Interest
15 City Policies and Procedures
16 General Rules Governing Committees
01 Definitions
01.01 Advisory Committee means a committee created by Council to provide input
advice and technical expertise on particular matters, acts as a vehicle for public
consultation on issues of municipal interest and make recommendations to
Council.
01.02 City means the Corporation of the City of Pickering.
01.03 Council means the Council of the Corporation of the City of Pickering.
01.04 Mandate means the statement that describes the advisory committee's purpose
or responsibilities.
01.05 Member means a citizen member appointed by Council to a Board or
Committee or a stakeholder member.
01.06 Quorum means the number of members required to be present at any meeting
in order that business may be conducted.
01.07 Staff Liaison means the staff member appointed to facilitate and provide
'guidance to the Advisory. Committee or Board.
01.08 Task Forces means a committee established to assist in the short-term study
and analysis of a specific matter. Task Forces may include staff representation
as well as representation from external bodies.
01.09 Terms of Reference means the document that provides a general overview of
the Advisory Committee or Board, the content of which is prescribed by this
policy.
01.0101.10 Nei -applicable
02 Implementation Procedure — Classification of Boards and Advisory Committees
02.01 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
Policy Title: Boards & Advisory Committees of.Council
Policy Number: ADM 040
Page 2 of 16
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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.
02.02 Boards and Advisory Committees may be either ongoing or a task force.
Ongoing Boards and Committees provide recommendations, advice and
information to Council on an ongoing basis on specific municipal matters that
are set out in the Board/Committee's mandate and Terms of Reference. They
include some of the following:
a) Advisory - includes bodies authorized by Council to provide input on a
discretionary basis and advice to Council on particular matters; or to
undertake special projects as assigned.
b) Mandatory - where a Provincial Statute prescribes the type of
appointments to be made by the municipality to a given body.
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.
e) Quasi-Judicial/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 municipal
issue, as defined in Terms of Reference and established by a confirming by-law.
Task Forces 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 resolution 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;
Policy Title: Boards & Advisory Committees of Council Page 3 of 16
2(Qolicy Number: ADM 040
d) membership composition and level of expertise or specialization required
by Committee members for the selection process; and,
e) orientation, training and facilitation needs.
. 04 Relationship between Advisory Committees and Council
04.01 Advisory Committees are proposed by resolutions of Council and the
Committees purpose is to assist Council by providing recommendations on
specialized issues, on a policy and/or operational level, as set out in mandate
and specific, Council approved work plans. Advisory Committee members are
appointed by Council, and serve at the pleasure of Council for a specified term,
where statutory authority does not state otherwise.
04.02 The nature of Advisory Committee recommendations to Council are purely
advisory, and Council may approve, amend, refer or propose other resolutions,
as Council deems appropriate. Advisory Committees shall not reconsider,
recommend or advise on a matter that has been decided by Council, unless
directed by Council. Advisory Committee members(s) shall rely exclusively on
the appointed sStaff Liaison oto communicate and dispense with
recommendations and actions taken by Advisory Committees, and shall not
intervene in the administrative practices of the City of Pickering.
04.03 Advisory Committees shall prepare an annual report to Council reviewing their
goals, objectives and successes in relation to their work plan, and should may
include a delegation to Council. The substance of the report shall be prepared
by the Advisory Committee members, with administrative assistance and policy
advice given by City staff.
05 Ongoing Review of Boards and Advisory Committees
05.01 Early in each new Council term, Council shall review all Boards and Advisory
Committees. The City Clerk in collaboration with the staff liaisons and -the -
Senior Management Team shall review a .,ict in this effort by providing an
ovcrvicw 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;
d) recommendations on the future direction of each Board/Advisory
Committee and its structure in general; and,
e) reviews and recommendations on the reporting and functional
relationships of Boards/Advisory Committees in general.
Policy Title: Boards & Advisory Committees of Council
Policy Number: ADM 040
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05.02 If a Board or Advisory Committee is to be disbanded, a final report on the
Board/Advisory Committee activities and reasons for disbanding shall be
presented to Council for approval.
06 Terms of Reference
06.01 The Terms of Reference will be established in accordance with the template
included as Appendix I to this policy.
06.02 Terms of Reference, once established, must be approved by Council and
amendments to those terms can only be made with Council approval.
06.03 The Terms of Reference of each Advisory Committee shall be reviewed on an
ongoing basis byel�vant-staff liaisons to ensure that each Committee and its
Terms of Reference remain relevant and appropriate.
07 Appointment Process and Advertising for Board/Advisory Committee Members
07.0.1 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:
07.02 Vacancies for citizen appointments shall be publicly advertised in the local
newspaper, on the City of Pickering website and in any other manner that the
City deems appropriate to reach the broadest sector of our community.
07.03 Applicants shall be a property owner or resident of Pickering and a minimum of
18 years of age unless otherwise determined by committee membership
requirements. City of Pickering employees are not eligible.
07.04 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. The term of a
member of a Board or Committee of Council shall continue in accordance with
the Board/Committee Terms of Reference or until a successor is appointed.
07.05 The following process, coordinated by the City Clerk and Legislative Services,
will generally be followed in initiating the recruitment, selection and appointment
process:
Policy Title: Boards & Advisory Committees of Council
22 olicy Number: ADM 040
Page 5of16
a). upon Council passing a resolution to establish a Board/Advisory
Committee, or when a vacancy occurs, the City Clerk, in consultation with
the relevant department and Staff Liaison assigned to the Advisory
Committee, will advertise Committee vacancies in the local newspaper, the
City website and in any other manner that the City deems appropriate to
reach the broadest sector of the community. The advertisement will make -
note of indicate the number of vacancies date -of on the Committee, a -
duration of the term, level of commitment, application process and contact-
informationthe website URL where details can be obtained for each
Board/Committee;
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.
c) all applications shall be reviewed by the Staff Liaison for each
Board/committee and a recommendation shall be provided to the City
Clerk for inclusion in a Council agenda. The staff recommendation
provided to Council will be accompanied with all applications received for
that Board/Committee.
d) when preparing the recommendation to Council, the Staff Liaison shall give
equal consideration to new applicants as well as those who have
previously served on a Board/Committee.
#)e) Notwithstanding item d, recommendations shall be based on the relevant
experience and expertise of an individual in relation to the mandate of the
Board/Committee and there shall be no restrictions on the number of terms
an individual_may serve if they meet the needs of the Board/Committee;
and,
c�fLthe Clerk's Office, on behalf of Council, shall send out confirmation letters
to new Board/Advisory Committee appointees and advise of their Staff
Liaison for that Committee and any other relevant contacts. Letters will
also be provided to those individuals who were not appointed encouraging
them to re -apply at such time a vacancy occurs.
08 Resignation/Dismissal Process
08.01 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 sStaff 'Liaison assigned to the Committee will initiate the
aforementioned appointment process to fill the vacancy.
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Policy Number: ADM 040
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08.02 Council, at its discretion, can dismiss any Board/Advisory Committee in its
entirety or any member thereof at any time.
09 Absentee Requirements
09.01 If any Board/Advisory Committee member is absent from three consecutive
meetings, or absent from over 50% of the meetings in one year without
justification, the SstafF iLiaison will contact the member to ask whether or not
they wish to remain on the Committee or resign.
09.02 If contact cannot be made with an absent Committee Member and five months
of continuous absenteeism has been noted, the Committee Member's seat
automatically becomes vacant and the process for filling a vacancy will begin.
10 Orientation Sessions
10.01 Orientation sessions shall be conducted at the beginning of each term by the
Staff Liaison in coordination with Legislative Services Division, and Staff Liaison
eginning
oricntation. The sessions orientation will identify goals, objectives and work
plans for the Committee. Further sessions may be conducted for appointees
during the Council term, as required. Orientation mom: materials will be
distributed to all members of the Committee for reference purposes. Each
Board/Advisory Committee package shall include the following information:
a)
Board/Advisory Committee
ail -El -Terms of Reference;
b) mandatory statutes (e.g. Accessibility for Ontarians with Disabilities Act);
c) City of Pickering Procedural By -Law;
d) City Organizational Structure;
f) council members' contact information;
g -)e) relevant City Policies and Procedures affecting Board/Advisory
Committee members including the City's Code of Conduct; and
i)f) staff liaison support and contact information.
10.02 As per the Accessibility for Ontarians with Disabilities Act, 2005, all City
employees, volunteers and/or agents as well as any other individual who might
be reasonably expected to interact with the public on behalf of the City will
Policy Title: Boards & Advisory Committees of Council
243olicy Number: ADM 040
Page 7 of 16
receive Accessible Customer Service Training. The Staff Liaison assigned to the
Committee will arrange training for new Board/Advisory Committee members
who have not had Accessible Customer Service Training.
11 Meeting Structure, Agenda and Minute Formats
11.01 Regular meetings will be held monthly, but variations may be determined by the
Committee and Staff Liaison assigned to the Committee. A meeting schedule,
setting out the time and place for meetings will be established by staff. Meeting
venues will be accessible, and sufficient to accommodate Committee members,
staff and guestsmembers of the public.
" 11.02
Meeting structure, agenda and minute formats should meet the needs of
individual Boards/Advisory Committees, :^:hile ensuring consistency,
completeness and accountability. Boards and Committees shall follow the City's
Procedure By-law; however, Aa Board/Adisen} 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 (list names and titles, ie. J. Doe, Chair);
c) members absent/regrets;
e)d) disclosure of interest
4131)e)approval of previous minutes;
e)f) presentations) delegations;
#)q) general business and reports;
g)h) correspondence;
14)i) other business;
411 next meeting; and,
})k) adjournment.
11.03 City Staff and Committee Members should structure meeting agendas to make
every effort to adhere to a two hour time limit for all Advisory meetings.
11.04 Minutes of meetings must be recorded and are scribed without note or
comment. Minutes should 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.
Minutes should have a collective, not a personal focus. What individuals said is
Policy Title: Boards & Advisory Committees of Council
Policy Number: ADM 040
Page 8 of 16.
25
less significant than the precise wording of proposals and the decisions made
by the majority of the Committee or by general agreement. No member has the
inherent right to have his or her comments on the record. Minutes are primarily
a record of what was done at a meeting, and not record of what was said by
members. Minutes are not taken verbatim and they do not serve asfey-arm
rat -a transcript of the meeting. '
11.05 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-ef-all-meetfrig st be -
recorded.
12 Access to Meetings
12.01 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 and shall be posted on the City's website. Special guests, volunteers,
organizational representatives and City staff do not constitute committee
members, and are unable to vote. The Facilitator Staff Liaison who is facilitating
the meeting may expel any person for improper conduct at a meeting.
12.02 Board/Advisory Committee meetings should not be closed to the public. If a
Board/Advisory Committee feels that discussion of an item on the agenda needs
to be closed to the public, then -the City Clerk must be advised in advance, and
the agenda for the meeting in which a closed item will be discussed shall
include the provisions of the Municipal Act that allow for such item to be
considered in closed session fc wed. A
meeting can only 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) personnel 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 or local board;
f) the receiving of advice that is subject to solicitor -client privilege; including
communications necessary for that purpose;
g)
a matter in respect of which a council, the board or Ccommittee or other
body may hold a closed meeting under the authority of another Act; or
Policy Title: Boards & Advisory Committees of Council
2 (Policy Number: ADM 040
Page 9 of 16
h) information explicitly supplied in confidence to the municipality or local
board by Canada, a province or territory or a Crown agency of any of
them:
i) a trade secret or scientific, technical, commercial, financial or labour
relations information, supplied in confidence to the municipality or local
board, which, if disclosed, could reasonably be expected to prejudice
significantly the competitive position or interfere significantly with the
contractual or other negotiations' of a person, group of persons, or
organization;
1)
a trade secret or scientific, technical, commercial or financial information
that belongs to the municipality or local board and has monetary value or
potential monetary value;
k) a position, plan, procedure, criteria or instruction to be applied to any
negotiations carried on or to be carried on by or on behalf of the
municipality or local board; or,
#) _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
local board or Gcommittee.
12.03 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;
and;
c) in the case of a meeting for educational or training purposes, that it is
closed for that purpose as well.•
12.04 All deliberations while in closed session shall remain confidential unless
otherwise approved by Committee in open session.
12.05 Any motion made regarding an item within a closed session shall be made in
open session.
12.06 A statement must be placed in the public minutes providing the general nature
of the closed meeting.
13 Provision for Accessibility and Diversity
13.01 Adequate provisions shall be made by 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 Accessibility for
Policy Title: Boards & Advisory Committees of Council
Policy Number: ADM 040
Page 10 of 16
27
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.
14 Pecuniary Interest
14.01 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.
14.02 If a Committee member feels they have a perceived conflict of 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 shall:
a) snail—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;
c) shall eave-the-4RcctiRg-a-nd-rCeR a;n a eon- frem it at any time dux-iAg
consideration of the matter; and,
d -)p) Members -shall not use their status on Committees for personal or
political-gal-Rcomplete a Disclosure of Interest under the Municipal
Conflict of Interest Act form in accordance with the City's Procedure By-.
law and the Disclosure shall be provided to the Staff Liaison or recording
secretary and forwarded to the City Clerk.
15 City Policies and Procedures
15.01 Board and Advisory Committee members shall adhere to the policies and
procedures of the City of Pickering.
16 General Rules Governing Board and Advisory Committees
16.01 Duties of Members of Council:
a) Members of Council may attend any or all Advisory Committee meetings.
b) At Advisory Committee meetings, Members of Council can respond to
Committee members' questions, interpret Council's direction and give
input or support to the Committee.
c) Members of Council who are not appointed as members to a board or
committee are not included as part of the quorum, and have no voting
rights.
Policy Title: Boards & Advisory Committees of Council
28 olicy Number: ADM 040
Page 11 of 16
16.02 Duties of Committee Members:
Committee Members are required to:
a) Understand the mandate of the Committee, including its relationship to
Council;
b) Understand their role and responsibilities, including relevant City policies;
c) Strive to attend all scheduled and special advisory committee meetings;
d) Prepare for meetings by reading agendas and any background
information supplied;
e) Actively participate in the discussion and decision-making process;
f) Undertake any work assigned, including special projects and research, in
between meetings;
g) Be open minded and allow for a variety of opinions to be heard;
h) Respect the individual worth and dignity of other Advisory Committee
members, and maintain a high degree of professionalism;
i) Respect that, actions taken and recommendations shall reflect the
majority view of the advisory committee; and,
Respect the finality of Council decisions.
j)
16.03 Duties of City Staff:
a) The Staff Liaison for each Committee will facilitate meetings unless a
Chair or Vice Chair is required by a statute or Terms of Reference;
b) City Staff assume two principle functions: a secretarial role and a policy
advice role. These roles may be undertaken by one or more staff
#)City Staff will take minutes at meetings; and
• s)dJ.Legislative Services will coordinate agendas, minutes and
correspondence as needed for those Boards/Committees in which they
provide secretariat support. Staff Liaisons will be responsible for this
function for any committees not supported by Legislative Services.; and,
advice r Ic. These r = _ - _
16.04 Duties of the -F-arAitatorStaff Liaison
The FacilitatorStaff Liaison is required to:
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Policy Number: ADM 040
Page 12 of 16
29
a) Facilitate the meeting by identifying the order of proceedings and
speakers; interpret and determine questions of procedure; ensure active
participation by all Advisory Committee members; maintain decorum and
ensure fairness and accountability;
b) Be open-minded and encourage a variety of opinions to be heard;
c) Respect the individual worth and dignity of Advisory Committee
members, and maintain a high degree of professionalism;
d) Review agendas and minutes provided by staff; and lead the preparation
of annual reports/presentations to Council;
e) Review the goals and objectives of the Advisory Committee and ensure
that its work plan is realistic and up to date;
f) Seek clarification and answers for Advisory Committee members through
Council or City Staff;
The Facilitator Staff Liaison has no authority to make decisions, and can
only assist with the conduct of a meeting in a fair and efficient manner so
that the will of the majority prevails after all members have had a fair
chance to present theft points of view;
h) The Pa^�"�r-Staff Liaison has no voting rights, is present to assist the
Committee in administrative processes and is independent of the
Advisory Committee; and,
i) The Advisory Committee may choose to relax procedures and allow for a
consensus approach to discussion, keeping in mind that questions of
procedure shall be determined by the FacilitatorStafl" Liaison, subject to
the City's procedural by-law. The Clerk may provide guidance on the
interpretation and application of procedures. Good faith misinterpretation
of procedures shall not affect the validity of any meeting.
16.05 Quorum
a) A majority of the Members of any Committee shall be required to officially
constitute a meeting. A majority shall be considered one half of the
number of members plus one additional member;
b) City staff, Members of Council who have not been appointed to the
Committee, special guests, volunteers and organization representatives
have no voting privileges and will not be included in the quorum;
c) If no quorum is present thirty (30) minutes after the time scheduled for a
meeting, the Recording Secretary shall call the roll and record the names
of the members present, and the meeting shall stand adjourned until the
next meeting date; an41,
Policy Title: Boards & Advisory Committees of Council
3Q olicy Number: ADM 040
rage 13 of 16
d) If the Facilitator Staff Liaison is absent from the meeting and another City
Staff member is not present but, quorum has been met, then a
Committee Member can be appointed to facilitate the meeting; and
sl-)eJ Should a vacancy occur on a Board or Committee, quorum shall be
based on the number of current sitting members and not the full
membership until such time the vacancy is filled.
16.06 Reporting to Council
a) Citizen Advisory Committees shall prepare an annual work plan
submission, which shall include a report on the previous year's
accomplishments to Council, and a work plan for the current year;
b) This process shall be led by the Staff Liaison of the Committee and may
include a delegation to Council; and,
c) Every Citizen Advisory Committee matter which needs to be referred to
Council shall be done in writing through the Staff Liaison. The Staff
Liaison assigned to the Committee will submit a memo to Council as
Correspondence stating the Committee's recommendations. The Council
Correspondence direction will be for Council to "Receive as Information"
or to "Refer to a Director" for investigation and if appropriate, a report
back to the appropriate Standing Committee. No order or authority to do
any business shall be recognized as emanating from a Committee,
unless it is in writing and approved through a resolution of Council.
16.07 Advisory Committee Events
a) Advisory Committees must seek Council approval to hold an event and
each request to Council must include the complete details of the event
(e.g. budget, number of staff required, name of event, date, and purpose
of event);
b) Events must relate to specific activities approved in the Advisory
Committee's Terms of Reference and mandate. The event must be listed
in the annual work plan for that year; and,
c) Where an event has been requested and approved by Council, all
Committee Members must attend and contribute to assisting at the event.
16.08 Media Relations and Communications
a) Committee members shall not meet with the media unless such meeting
is approved by the City's CAO. Committee media relations must be
supported by the City's Communications areaDivision.
b) The actions and recommendations of Advisory Committees are subject to
the policies and administrative practices of the City, including provisions
pertaining to the use of the corporate logo(s), letterhead, website,
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Policy Number: ADM 040
Page 14 of 16
31
information pamphlets, media advertisements and the like. Advisory
Committees shall seek approval from Council for any change in Advisory
Committee name or development of any substantive communication
medium (e.g. website).
16.09 Subcommittees/Working Groups may be established by a Committee, as
required, to carry out a specific projects included in the annual work plan
submission. Such subcommittees/working groups shall be disbanded upon
completion of their specific project(s). A subcommittee must have include at
least two members of the Advisory Committee on it, butand additional
membership may be drawn from relevant stakeholders or the general public with
the appropriate interest and expertise.
Please refer to all associated Procedures and Standard Operating Procedures, if applicable,
for detailed processes regarding this Policy.
Appendices
Appendix 1 Terms of Reference — Sample Format
Policy Title: Boards & Advisory Committees of Council , Page 15 of 16
323olicy Number: ADM 040
Appendix 1
Terms of Reference
Name of Committee
Terms of Reference shall be approved by Council and amendments can only be made with
Council approval. Terms of Reference for an Advisory Committee need only address
information not already provided for in this Policy.
1.0 Mandate — A description of the general purpose and activities of the Advisory
Committee, including areas of responsibility, taking into account any statutory
requirements. Advisory Committee mandates shall not be altered by the Advisory
Committee.
2.0 Goals, Objectives and Responsibilities — A listing of the goals, objectives and
responsibilities of the Advisory Committee, to be addressed in annual work plans with
reference to specific strategies and actions.
3.0 Composition — Specify the maximum number of members of the Advisory Committee
and describe the nature of membership (citizens and/or organization, numbers in each
category), membership terms.
4.0 Member Qualifications — Outline recommended qualifications of potential members
given the mandate of the Advisory Committee.
5.0 Meeting Schedule — Indicate how often the Advisory Committee shall meet, e.g. monthly,
every other month, criteria for calling a special meeting, summer recess.
6.0 Budget — requests must relate to the Advisory Committee's mandate, be included in the
annual work plan submission and be supported by project descriptions.
Policy Title: Boards & Advisory Committees of Council
Policy Number: ADM 040
Page .16 of 16
33
Attachment.#2 to CLK 03-19
Terms of Reference
Boards and Advisory Committees
Accessibility Advisory Committee
Animal Services Committee
Committee of Adjustment
Cultural Advisory Committee
Heritage Pickering Advisory Committee
Pickering Public Library Board
Property Review Committee
Site Plan Advisory Committee
Taxicab Advisory Committee
34
Terms of Reference
Accessibility Advisory Committee
1.0 Mandate
As directed by the Accessibility for Ontarians with Disabilities Act, 2005, the
Council of every municipality in Ontario having a population of not less than
10,000 shall establish an accessibility advisory committee. The mandate of the
Accessibility Advisory Committee is to fulfill the duties as outlined in the Act and
to provide advice to Council on programs, policies and services provided to
persons with disabilities.
2.0 Goals, Objectives and Responsibilities.
The Accessibility Advisory Committee will accomplish its mandate by:
Providing advice to staff and Council on the development, implementation and
effectiveness of the City of Pickering's Accessibility Plan.
Acting as a commenting body to the Corporation to address accessibility to a
building, structure or premises, or part of a building, structure or premises, that
the City purchases, constructs, renovates, leases or which is provided to the
Municipality as a capital facility.
Preparing an annual report to Council outlining the Committee's achievements
during the year.
Consulting with City Development staff on applicable site plans and drawings
described in Section 41 of the Planning Act.
The Accessibility Advisory Committee will not be responsible for the following:
- Accessibility issues relating to regulation of private facilities or corporations
except where requested to comment by such agencies.
- Administration issues relating to the implementation of the Accessibility Plan.
3.0 Composition
The Committee shall have a membership of not more than 10 Citizen
appointment's, with the majority being persons with a disability, consideration
will be given to a caregiver of a person with a disability. Committee
representation will include:
• A maximum of 10 Citizen appointment's, with the majority being persons with
a disability.
• 1 City of Pickering staff member on a rotating basis that is involved in the
City's Accessibility Plan/Programs/Services — no voting rights
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Accessibility Advisory Committee
Terms of Reference
Staff representatives will be selected by the Director, staff will rotate as required
during the term in order to utilize the experience/knowledge of the staff person in
the area that the Committee is discussing at the time.
• Service Agency Representative with a mandate/responsibility for people with
disabilities — no voting rights
. • 1 representative from the Ajax -Pickering Board of Trade to support
accessibility issues of private businesses — no voting rights
Invitations will be sent to Service Agencies with a mandate/responsibility for
people with disabilities and to the Ajax -Pickering Board of Trade requesting
interest in attending Accessibility Advisory Committee Meetings in order to utilize
the experience/knowledge of the organizations.
4.0 Member Qualifications
Qualifications include the skills, knowledge, and experience committee members
need to contribute effectively to the accomplishment of the committee's
objectives. Awareness and knowledge of potential barriers to public access of
facilities, programs and services would be an asset.
The majority of the Committee must be individuals with a disability, consideration
will be given to a caregiver of an individual with a disability.
5.0 Meeting Schedule
Meetings shall be held monthly on a set week and day to be determined by the
Committee at its first meeting of the term. The meetings shall commence at 7:00
pm.
Established meeting dates and times shall not be changed unless circumstances
warrant special consideration. Meetings will not be held in the months of July,
August or December unless determined by the Committee that a meeting is
necessary to meet the mandate or work plan of the Committee.
During a Municipal election year, meetings shall not be held after September 30th
unless determined by the Committee that a meeting is necessary to meet the
mandate or work plan of the Committee.
6.0 Budget
The Director, Culture & Recreation shall be responsible for the Accessibility
Advisory Committee budget, which shall be submitted annually in accordance
with established City budget guidelines.
The Staff Facilitator confirms the proposed budget with the Accessibility Advisory
Committee based on their following year's work plan. The Director, Culture &
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Accessibility Advisory Committee
Terms of Reference
Recreation reviews the proposed budget and submits within the Department
budget.
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Terms of Reference
Animal Services Committee
1.0 Mandate
To act as a quasi-judicial committee, hearing appeals relating to Orders to
Restrain issued under the provisions of the Responsible Pet Ownership By-law, as
amended. The Committee has the ability to amend the order, permit a follow up
review of the Order, or quash the Order.
2.0 Goals, Objectives and Responsibilities
The Animal Services Committee fulfills the requirements of the Responsible Pet
Ownership By-law to provide a review process and hear appeals.
3.0 Composition
The Animal Services Committee is comprised of two members of the public
appointed by Council, and one member of Council. Appointments shall be for the 4
year term corresponding with the term of City Council.
Committee members shall be paid an honorarium of $50.00 per hearing attended.
4.0 Member Qualifications
Committee members who have experience as dog owners, dog trainers, or animal
behaviour would be asset.
5.0 Meeting Schedule
Meetings are scheduled as required to hear appeals.
6.0 Budget
Remuneration for committee members will be paid from the Animal Services
Salary Account.
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Terms of Reference
Committee of Adjustment
1.0 Mandate
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The Committee of Adjustment is an independent and autonomous quasi-judicial
body made up of five citizen members appointed by City Council. The
Committee performs its duties at "arm's length" from City Council and operates
under the authority of the Ontario Planning Act. The purpose of the Committee is
to provide a forum for the expeditious consideration of minor variances to the
City's zoning by-laws.
Applications to the Committee of Adjustment will be processed in accordance
with the requirements of Sections 45 of the Planning Act, applicable regulations
(O.Reg. 200/96), the Statutory Powers Procedures Act and Committee of
Adjustment Rules of Procedure.
The Committee is authorized by the Planning Act to consider applications for:
• Minor variances from the provisions of the Zoning By-law; .
• Extensions, enlargements or variations of existing legal non -conforming uses
under the Zoning By-law; and
• Determine whether a particular use conforms with the provisions of the
Zoning By-law where the uses of land, buildings or structures. permitted in the
by-law are defined in general terms
2.0 Goals, Objectives and Responsibilities
The Zoning By-law regulates how land and buildings are used and where
buildings and structures can be located. Zoning By-laws also specify lot sizes
and dimensions, parking requirements, building heights and other regulations
necessary to ensure proper and orderly development. Sometimes it is not
possible or desirable to meet all of the requirements of the Zoning By-law. In that
case, a property owner may apply for approval of a minor variance. A minor
variance provides relief from a specific Zoning By-law requirement.
The majority of applications typically dealt with by the Committee are requests for
minor variances to the zoning by-law in which an applicant seeks relief from a
specific requirement of the zoning by-law, such as a reduction in minimum yard
width or an increase in maximum permitted building height.
For the Committee to approve this type of application, Section 45(1) of the
Planning Act requires that the members must be satisfied that the application:
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Committee of Adjustment
Terms of Reference
• Is considered to be a "minor change from the Zoning requirements;
• Is desirable for the appropriate development or use of the land, building or
structure;
• Maintains the general intent and purpose of the Official Plan; and
• Maintains the general intent and purpose of the Zoning By-law.
The Committee of Adjustment will accomplish its mandate by:
1. Reviewing the merits of the application, the documentation and evidence put
forward. conducting site inspections and rendering decisions on the
application, in accordance with the requirements of the, Planning Act.
2. Complying with the applicable rules, regulations and policies for the
Committee of Adjustment_
3.0 Composition
The Committee of Adjustment is composed of the following:
• 5 Citizen Appointments
• City Support Staff — Secretary -Treasurer
• City Support Staff—Assistant Secretary -Treasurer
4.0 Member Qualifications
It is desired that the Committee develop community -focused outcomes while
rendering decisions in accordance with the provisions of the Planning Act.
Individuals should have a demonstrated commitment and interest in the
community, and the committee membership should reflect a balanced
representation from the areas of planning, construction and lay people.
5.0 Meeting Schedule
The Committee of Adjustment meets eveFy-144-the second Wednesday of each
month to consider minor variance applications. On average, there are between
three-four to six -eight applications scheduled for each meeting. The Committee
Members will be provided with an agenda the Friday before the meeting, which
contains a summary of the applications and all comments received through
circulation of the application, including the City Development Department's
recommendations. The Committee is also to attend a pre -meeting at 6:30 p.m. to
obtain additional handouts (if applicable) and to discuss the agenda with other
Committee Members or if -obtain clarification is needed from City Development
staff. It is not the intent of the pre -meeting for Members to discuss their position
on any of the applications an the agenda. The Committee meetings are
scheduled to start at 7:00 p.m. The Secretary -Treasurer of the Committee of
Adjustment or designate will attend the meetings to assist the Committee with
interpretations or other technical details and the Assistant Secretary -Treasurer •
will be in attendance to take minutes. Committee of Adjustment meetings are
also open to the public, and all applicants and any interested pfOpegy
owncrcparties may attend the meetings to present comments or concerns.
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Committee of Adjustment
Terms of Reference
Committee meetings are intended to be as informal and applicant -friendly as
possible, however Rules of Procedure for the meetings are to be followed. As
per section -Section 44(7) of the flanninq Acf a Committee Member will be
appointed to act as Chairperson for the meetings in order to provide a clear
structure and process.
The Committee of Adjustment must make a decision on each application as it is
heard at the meeting, either for approval, refusal, deferral to another meeting or
tabled indefinitely. The Committee may impose conditions that must be fulfilled
as part of the approval of an application, or may approve an application with
revisions, as long as those revisions result in a similar variance than what was
originally applied for. In making a decision, the Committee must pass a
resolution that clearly sets out the reasons for the decision. The City
Development Department will always provide a recommendation on the
application for the Committee's assistance.
Minutes of the meetings and the mailing of decisions of the Committee are
coordinated by the Assistant Secretary -Treasurer.
Each Committee of Adjustment decision is subject to a twenty -day appeal period
during which an individual, including City Council, ,may lodge an appeal of the
decision to the Ontario -Municipal -Bo rdLocal Planning Appeal Tribunal. The City
Development Department keeps City Council informed of all Committee of
Adjustment decisions.
6.0 Budget
Committee Members are paid in accordance with a City Council Resolution.
Honorarium ($120.00 per attended meeting) as per By-law 7686118] and mileage
(53-56 cents per kilometre) are paid on a bi-annual basis (January to June and
July to December).
tFormatted: Font: Italic
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Terms of Reference — Cultural Advisory Committee
Terms of Reference
1.0 Mandate
The Cultural Advisory Committee (CAC) will assist City staff with the
implementation of the City of Pickering Cultural Strategic Plan. The CAC will
identify and coordinate opportunities for stakeholder and community engagement
and provide expert community input on matters relating to the provision of cultural
services.
2.0 Goals, Objectives and Responsibilities
The City of Pickering Cultural Strategic Plan, approved by Council on June 16,
2014 as per resolution #247/14, sets a vision for the place of arts, culture and
heritage in the City and identifies strategic directions for policy, investment,
partnerships and programs for• the next 10 years.
Pickering's Cultural Strategic Plan sets out six strategic directions:
1. broaden and deepen City leadership and investment;
2. build a strong and collaborative cultural sector;
3. strengthen culture -led economic development;
4. conserve and promote history and heritage;
5. celebrate and support diversity and inclusion; and
6. culture opportunities for the creation, education and enjoyment of the arts.
Committee responsibilities include;
a) Assist and advise staff on the implementation of the Cultural plan;
b) Assist and advise staff on the development and review of policy relating to
cultural development;
c) Assist and advise staff on matters concerning the strategic planning,
development and evaluation for cultural development in the municipality;
d) Advocate for culture and promote community -wide cultural initiatives;
e) Provide consultation, research and report findings and make
recommendations as necessary on matters of culture within the City of
Pickering;
f) Encourage and promote effective communication between community
cultural groups, individuals and the City;
g) Advise and develop working relationships with owners of businesses,
Business Improvement Areas (BIA) and Chamber of Commerce;
h) Advise and assist with the development of education programs and
promote Pickering's Cultural Strategic Plan;
i) Liaise with other like -organizations to promote Pickering's culture;
j) Advocate and promotethe value and benefit of cultural activities for all; and
k) Report annually to Council.
Members do not have the authority to assign work to staff but will work
cooperatively and assume related duties as directed by the Supervisor, Cultural
Services, and/or the Coordinator, Cultural Services.
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6 times per year, and up to 8
Terms of Reference — Cultural Advisory Committee
More specifically, the CAC will not be responsible for the following:
1. Programme delivery;
2. Budget approval;
3. Day-to-day operations of City -owned facilities; and
4. Administrative matters including direction given to staff.
3.0 Composition
Twelve (12) Committee members will be selected, 4 members from the public and
eight (8) representatives from related community organizations. Members from
the public must reside in Pickering and represent a board range of interests and
experience in the cultural sector. Community Organization representatives must be
from organizations who serve the City of Pickering. Where possible, appointments
to the Committee shall include representatives of the following organizations/
associations:
• Pine Ridge Arts Council
• Durham West Arts Centre
• Pickering Historical Society
• Pickering Public Library
• Ajax/Pickering Board of Trade
• Diversity Group
City Staff from the following departments will also make up the Committee:
• Community Services Department
• City Development Department
• Engineering Services Department
• Corporate Services Department
4.0 Member Qualifications
Qualifications include the skills, knowledge, and experience needed to contribute
effectively to the Committee's objectives. Membership will be sought on the basis
of broad interest, understanding and commitment to cultural development in the
municipality, in addition to specific expertise and interest related to Culture.
5.0 Meeting Schedule
The Cultural Advisory Committee meets
Established meeting dates and times shall not be changed unless circumstances
warrant special consideration. Meetings will not be held in the months of July,
August or December unless determined by the Committee that a meeting is
necessary to meet the mandate or work plan of the Committee.
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Terms of Reference — Cultural Advisory Committee
During a Municipal election year, meetings shall not be held after September 30th
unless determined by the Committee that.a meeting is necessary to meet the
mandate or work plan of the Committee.
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Terms of Reference
Heritage Pickering Committee
•1.0 Mandate
Heritage Pickering Advisory Committee is hereby established in order to advise
and assist Council on all matters relating to the conservation of property of cultural
heritage value or interest and heritage conservation districts, and such other
heritage matters as the council may specify by by-law.
Enabling Legislation The Heritage Pickering Advisory Committee is provided for
under Part IV, Section 28, of the Ontario Heritage Act. The Committee is deemed
to be a statutory committee.
2.0 Goals, Objectives and Responsibilities
Undertake research into Pickering properties having cultural heritage value or
interest and advise. Council on matters related to their conservation;
Advise Council on applications pertaining to a heritage property or a heritage
district involving:
a) . designation or de -designation
b) alterations, additions, new construction or demolition
c) loans, grants or other forms of assistance to heritage property owners; or
d) easement agreements.
Provide guidance and assistance to owners of heritage properties in meeting their
conservation obligations and obtaining heritage approvals;
Advise and assist with the development and maintenance of an inventory of the
City's heritage resources; and
Advise and assist with the development of cultural heritage conservation
guidelines, and with cultural heritage policies, plans and programs.
In addressing its responsibilities, the Committee shall comply with the Official Plan
and have regard for the heritage policies adopted by Council, including:
a) Regional and City Official Plans
b) Whitevale Heritage Conservation District Guidelines
c) Heritage Permit Application Procedures; and
d) Individual heritage by-laws.
3.0 Composition
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Heritage Pickering Committee
Terms of Reference •
The Committee shall be comprised of nine (9) citizen appointments.
4.0 Member Qualifications
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.
5.0 Meeting Schedule
The Heritage Pickering Advisory Committee shall meet on the fourth Wednesday
of every month at the Civic Complex, One the Esplanade, Pickering, at 7:00 pm.
Established meeting dates and times shall not be changed unless circumstances
warrant special consideration. Meetings will not be held in the months of July,
August or December unless determined by the Committee that a meeting is
necessary to meet the mandate or work plan of the Committee.
During a Municipal election year, meetings shall not be held after September 30th
unless determined by the Committee that a meeting is necessary to meet the
mandate or work plan of the Committee.
6.0 Budget
The Director, City Development shall be responsible for the Heritage Pickering
Advisory Committee budget, which shall be submitted annually in accordance
with established City budget guidelines.
The Director, City Development will present a draft budget for review by the
Heritage Pickering Advisory Committee on an annual basis, prior to submission
to the. Chief Administrative Officer for approval. •
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The City of Pickering Public Library Board
Terms of Reference
1.0 Enabling Legislation
The Public Libraries Act, R.S.O. 1990, c. P.44, s.3 (3) provides the authority, and
direction for the establishment of public library boards by municipal Councils. The
relevant sections of the Act are as follows.
Board
3 (1) A public library shall be under the management and control of a board, which is a
corporation known in English as The City of Pickering Public Library Board.
Composition of public library board
9 (1) A public library board shall be composed of at least five members appointed by the
municipal Council. 2002, c. 18, Sched. F, s. 3 (8).
Board Members '
10. (1) A person is qualified to be appointed as a member of a board who is a member of
the appointing Council or,
a) Is at least eighteen years old;
b) Is a Canadian citizen;
c) Is,
i. A resident of the municipality for which the board is established in the case
of a public library board,
ii. A resident of a municipality that has a contract with the board under section
29,
iii. A resident of the board area of a local service board that has the contract
with the board under section 29,
iv. A member of an Indian band that has a contract with the board under
section 29, or
v. A member of a second board that has entered into a contract with the board
to purchase from it library services for the residents of the second board;
and
d) Is not employed by the board or by the municipality or county or,in the case of a
union board, by any of the affected municipalities. R.S.O. 1990, c. P.44.s.10 (1);
2002, c. 18, Sched. F, s. 3 (9).
Number of council members on board limited
10. (2) The appointing Council shall not appoint more of its own members to a board than
the number that is,
a) In the case of a public library board or union board, one Tess than a majority of the
board;
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48
Term
10. (3) A board member shall hold office for a term concurrent with the term of the
appointing council, or until a successor is appointed, and may be reappointed for
one or more further terms. R.S.O. 1990, c. P.44, s. 10 (3).
Time for making appointments
10. (4) The first appointments of members of a new board shall be made at a regular
meeting of council and the member shall take office as soon as possible
thereafter, and thereafter appointments shall be made at the first meeting of
council in each term, but if the council fails to make the appointments at its first
meeting, it shall do so at any regular or special meeting held within 60 days after
its first meeting. R.S.O. 1990, c. P.44, s. 10 (4); 2002, c. 18, Sched. F, s. 3 (10).
Notice of Vacancies
11. (1) The clerk of the appointing municipality or county or, in the case of a union board,
the clerks of the affected municipalities shall give public notice of vacancies on
the board by publishing a notice of them, inviting applications, in a newspaper of
general circulation in the municipality. R.S.O. 1990, c. P.44, s. 11 (1).
2.0 Responsibilities
2.1 The purpose of the Board is to:
• Represent the interests of the moral ownership, defined as the Residents of
Pickering
• Determine the benefits that the organization will provide, keeping a long term,
strategic perspective (the Ends policies)
• Monitor the operations to ensure that the Executive Limitations policies are
being complied with and that the Ends policies are being accomplished
according to Board -CEO Delegation policies.
3.0 Composition
3.1 The Board shall be comprised of 8 citizen appointments and 2 members of
Council.
4.0 Board Chair
4.1 The position of Chair will be elected by a majority of the Board at the first meeting
of the applicable calendar year during the term of the Board. The Chair will serve
for a two-year term and until a successor is elected. A Board member may not
serve as Chair for more than 3 consecutive (two year) terms.
4.2 The Chair will preside at all Board meetings, maintain order, decide whether
motions are in order, and rule on all procedural matters.
5.0 Vice -Chair
5.1 The position of Vice -Chair will be elected by a majority of the Board at the first
meeting of the applicable calendar year during the term of the Board. The Vice-
-2-
Chair will serve for a two-year term and until a successor is elected. A Board
member may not serve as Vice -Chair for more than 3 consecutive (two year)
terms. In the absence of the Chair, the Vice -Chair will preside and will have all of
the Chair's powers and. responsibilities
6.0 Councillors
6.1 A member of Council is appointed to the Library Board to act as'a liaison between
Council and the Board; respond to Board members' questions; provide updates on
Board activities to Council and to provide updates on Council activities to the
Board.
6.2 Members of Council are also acting members of the Library's Board and as such
have the responsibilities and duties that are assigned to all Board members.
7.0 Treasurer
.7.1 The Board will appoint a Treasurer. Typically, that will be the City Treasurer or .
his/her designate.
The Treasurer will:
a) Receive, keep safely, and account for all the Board's money
b) Deposit all money received on the Board's behalf to the credit of that
account or accounts
c) Disburse funds as required by provincial and federal legislation, City and
Library procedures, and Board resolutions
8.0 Board Members
8.1 Duties of Board Members:
d) employ a competent and qualified CEO
e) determine and adopt written policies to govern the Library
f) determine the `Ends' for the Library
g) understand the Library programmes and needs of the community in relation
to the .Library
h) keep abreast of standards and trends in libraries
i) be aware of local and other laws which affect libraries and play an active
role in initiating and supporting beneficial Library legislation
j) attend all Board and committee meetings as assigned.. . May attend outside
meetings and workshops for Board members
k) be an effective advocate for the Library in the community
I) be prepared to interact with provincial library agencies if required.
m) interest in the Library, the community and their inter -relationship
n) readiness to dedicate time and effort
o) knowledge of the community's social and economic condition
p) aptitude for planning — both long and short range
q) ability to work in a political environment
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Library Staff
8.2 Disqualification of Board Members
If a board member,
(a) is convicted of an indictable offence;
(b) becomes incapacitated;
(c) is absent from the meetings of the board for three consecutive months
without being authorized by a board resolution;
(d) ceases to be qualified for membership under clause 10 (1) (c); or
(e) otherwise forfeits his or her seat,
the member's seat becomes vacant and the remaining members shall
forthwith declare the seat vacant and notify the appointing council
accordingly. R.S.O. 1990, c. P.44, s. 13.
8.3 Vacancies
Where a vacancy arises in the membership of a board, the appointing council shall
promptly appoint a person to fill the vacancy and to hold office for the unexpired
term, except where the unexpired term is less than forty-five days. R.S.O. 1990,
c. P.44, s. 12.
9.0
9.1 The CEO of the Pickering Public Library is the Board's employee to whom the
Board delegates the supervision and direction of the Library and its staff. He or
she will attend all Board meetings, will have the other powers and duties that the
Board assigns from time to time, and will be known in these bylaws as the "CEO."
The Board's relationship with the CEO is defined in Board -CEO delegation
policies.
10.0 Reporting
10.1 The Library Board will provide an annual report at year end to Council to
communicate its activities in the preceding year. Generally, this annual report
follows the release of the Library's audit.
10.2 The Library Board will present its four-year strategic plan to council in which it
prioritizeslibrary services to the community based on community feedback and
engagement.
11.0 Meetings
11.1 The Library Board shall meet every fourth Thursday of the month at 7:00 pm.
11.2 The meeting schedule is monthly, except for June and July. Special meetings may
be held from time to time.
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12.0 Conflict of Interest
12.1 The Municipal Conflict of Interest Act will govern the Board; an agenda will include
provision for the Members to disclose a direct pecuniary interest in a matter and
the general nature thereof.
13.0 Budget
13.1 The CEO shall be responsible for the Library budget, which shall be submitted
annually in accordance with established City budget guidelines.
13.2 The CEO will present a draft budget for review by the Board, on an annual basis,
prior to submission to City Council for approval.
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Terms of Reference
Property Review Committee
1.0 Mandate
To act as a quasi-judicial tribunal, hearing appeals to Property Standards Orders
issued under the authority of the Building Code Act. The Committee may
confirm, amend or quash an Order.
The Property Review Committee will also review applications for exemptions
under the City's Fence By-law and render a decision which becomes final and
binding.
2.0 Goals, Objectives and Responsibilities
The Property Review Committee fulfills the legislated requirements of the
Building Code to provide a committee to hear appeals. It is also responsible for
providing a review process for Fence Exemption applications and rendering a
decision that is final and binding.
3.0 Composition
The Property Review Committee will be comprised of 5 Citizen Appointees. A
hearing conducted by the Property Review Committee shall have 3 members
present for quorum purposes. Appointments shall be for a 4 -year term
corresponding with the term of City Council.
Committee members shall be paid an honorarium of $50.00 per appeal or
hearing attended.
4.0 Member Qualifications
Committee members with experience in building construction or property
maintenance would be an asset.
5.0 Meeting Schedule
The Property Review Committee shall meet as required.
6.0 Budget
Remuneration for committee members will be paid from the By-law Services
Salary Account.
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a) residential development of one or two dwelling units per lot;
Terms of Reference
Site Plan Advisory Committee
1.0 Mandate
Pursuant to Section 41(2) of the Planning Act, the City of Pickering has passed
By-law 7632/18 identifying the territorial limits of the City of Pickering as being
designated as a site plan control area. The following types of development are
exempt for site plan control:
b) agricultural and farm related buildings or structures that are used in farming
operations, including new buildings or structures used for agricultural
purposes within the Natural Heritage System of the Greenbelt Plan, which are
located outside of the 30.0 metre minimum vegetation protection zone from a
key natural heritage or key hydrologic feature identified in the Pickering
Official Plan;
c) tents and similar structures to be erected for a temporary period not
exceeding 12 weeks;
d) accessory buildings or structures not exceeding a total gross floor area of 50
square metres;
e) any expansion or enlargement of a building or structure that is less than 20
square metres or less than 10 percent of the total floor area of the building,
whichever is Tess;
f) any building or structure owned or operated by the City, the Region of
Durham, a conservation authority, the Government of Ontario or of Canada;
g)
any building or structure destroyed by fire, explosion or flood or other similar
cause, provided that:
i. the reconstructed building or structure is used for the same purpose
as the former building or structure;
• ii. the gross floor area and height of the reconstructed building or
structure generally do not exceed those of the former building or
structure; and,
iii. the reconstructed building or structure is generally not closer to any lot
lines than the former building or structure; and
h) development of residential sales offices and model homes.
Site plan control is a form of development control provided to municipalities by
Ontario's Planning Act. No one can undertake any development which is subject
53
to site plan control unless the City has reviewed and approved certain plans.
Once the plans are approved, a site plan agreement is generally executed. This
agreement contractually binds the owner to develop and maintain a site in
accordance with the approved plans and the terms of the agreement. The
Director, City Development, has been delegated the authority to approve site
plans.
2.0 Goals, Objectives and Responsibilities
The Site Plan Advisory Committee is to assist and advise the Director, City
Development on applications for sign variances and site plan approval with
respect to matters such as architecture, building massing and exterior building
materials, site layout, landscaping, accessibility, and sustainable design
elements.
3.0 Composition
3 Members of Council — 1 from each Ward
Staff support:
Chief Planner
Manager, Development Review & Urban Design
Principal Planner — Site Planning
Planner 11 — Site Planning
4.0 Member Qualifications
Not applicable.
5.0 Meeting Schedule
The Site Plan Advisory Committee meets the second and fourth Tuesday of
every month at 2:00 pm at the Pickering Civic Complex, One The Esplanade,
Pickering.
6.0 Budget
There is no budget allocated to the Site Plan Advisory Committee.
Policy Title: Boards and Advisory Committees of Council Page 2 of 2
Poji4y Number: ADM 040
Terms of Reference
Taxicab Advisory Committee
1.0 Mandate
The Taxicab Advisory Committee (TAC) shall serve as a quasi-judicial committee
to review appeals in accordance with the provisions of the Taxicab Licensing By-
law.
The Taxicab Advisory Committee will also provide recommendations regarding
fare increases and other issues which may arise within the taxicab industry.
2.0 Goals, Objectives and Responsibilities
The Taxicab Advisory Committee sits on an as -required basis to hear appeals or
provide advice to Council regarding the regulation of the taxicab industry.
3.0 Composition
The TAC will be composed of the following:
1) Brokerage Representatives = 2
2) Taxicab Plate Licensees - 2 — Elected
3) Taxicab Drivers - 2 — Elected
4) City of Pickering Councillor
5) Manager, Municipal Law Enforcement Services
Membership shall be for a 4 -year term corresponding with the term of City
Council.
4.0 Member Qualifications
Brokerage representatives must be employed by a brokerage licenced by the City
of Pickering.
Taxicab Plate Licensee and Taxi Cab Driver representatives must hold the
associated licence with the City of Pickering to be accepted as a nomination for
election.
5.0 Selection Process
Each of the two main brokerages will have the ability to send a representative
from the management staff of the brokerage.
55
Taxicab Advisory Committee
Terms of Reference
Each of the elected positions for Taxicab Plate Owners and Drivers will be
selected through an election process initiated through Municipal Law
Enforcement Services. Nominations will be submitted in writing. Once the
nomination period has ended, licenced industry participants (taxicab plate
licensees or drivers) attend the Pickering Civic Complex, present their
identification, then complete a ballot to vote for one of the nominees listed on the
ballots. A record of voters is kept to ensure each person only votes once. City
staff tally the ballots and advise of the successfully elected candidates. Taxicab
industry representatives are permitted to act as scrutineers. Should the number
of nominees equal the available positions, representatives shall be acclaimed.
6.0 Meeting Schedule
The TAC will meet as required to conduct appeal hearings at the Pickering Civic
Complex. Meetings may also be called as required to provide input regarding
matters relating to the taxicab industry.
7.0 Budget
The Taxicab Advisory Committee has no budget funds.
56
Cct�a Report to
pJ:CKE RING
Executive Committee
Report Number: CLK 02-19
Date: March 4, 2019
From: Paul Bigioni
Director, Corporate Services & City Solicitor
Subject: Revisions to Code of Conduct Policy ADM 070 and Procedure ADM 070-001
- Changes required through Bill 68, Harmonization of Gifts and Benefits Wording
and Housekeeping Matters
- ' File: A-1100-19
Recommendation:
1. That Report CLK 02-19 respecting changes to the Code of Conduct Policy ADM 070 and
Procedure ADM 070-001 be received;
2. That the changes to Policy ADM 070 as outlined in Attachment #1 to CLK 02-19 be
approved;
3. That the changes to Procedure ADM 070-001 as outlined in Attachment #2 to CLK 02-19 be
approved;
4. That the Mayor and Clerk be authorized to execute an addendum agreement for Integrity
Commissioner services to align with the new provisions of Bill 68;
5. That the draft by-law to amend Procedure By-law #7665/18 as presented in Attachment #3.
to CLK 02-19 be enacted;
6. That the draft by-law to confirm the appointment of the Integrity Commissioner and the
expanded roles and responsibilities as presented in Attachment #6 to CLK 02-19 be
enacted;
7. That a copy of this report be forwarded to the Regional Clerk, Regional Municipality of
Durham, all Durham Region Municipalities and to the Integrity Commissioner,Guy Giorno,
Fasken Martineau Dumoulin LLP; and,
That the appropriate City of Pickering officials be authorized to take the necessary actions as
indicated in this report.
Executive Summary: Bill 68, Modernizing Ontario's Municipal Legislation Act, 2017, provides
for several legislated changes, some of which have already come into effect. Additional changes
effective March 1, 2019 require updates to the City's Code of Conduct Policy, ADM 070,
Complaint Procedure ADM 070-001, as well as various other documents as noted in the Report
recommendations.
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The Code of Conduct Policy ADM 070 was adopted by Pickering Council on March 26, 2012, to
enhance the transparency and accountability with which Members of Council conduct themselves.
Since that time, through the provisions of Bill 68, a desire to harmonize gift and benefit language
in Codes across the Region of Durham and the need for some other minor housekeeping matters,
the Code requires updating.
The changes through Bill 68 and the expanded role of the Integrity Commissioner also require an
addendum to the original agreement for Integrity Commissioner services provided through Faskin
Martineau Dumoulin LLP, as well as an updated appointment by-law for the Integrity
Commissioner.
Staff are seeking authority from Council to update these applicable documents and to execute the
addendum agreement as outlined in the Report recommendations.
Financial Implications: Under the original agreement, the Region of Durham covers the cost of
the annual $900 retainer and this will remain in effect for the remainder of the term of the contract
which expires at the end of the current term of Council (November 14, 2022). The City is
responsible for paying the hourly service fee of $239.00 per hour for any services provided by the
Integrity Commissioner including services relating to complaints under the Code of Conduct, the
Municipal Conflict of Interest Act, any advice requested by Members of Council and any other
special project or service requests that may be made by the City.
There is no specific budget line item for the Integrity Commissioner, however, funds in the General
Government Contingency Account would be available should there be a need to engage the
services of the Integrity Commissioner. Up until this point in time, the City has incurred few
expenses related to the Integrity Commissioner. Should there be an increase in the usage of the
services, staff will review and consider the budgetary requirements for inclusion in the 2020
Current Budget for the City.
Discussion: Some of the legislated changes through Bill 68 came into effect in
January, 2018, with the remaining amendments coming into effect on March 1, 2019. The City
Clerk has reviewed the appropriate legislation and collaborated with other Durham Region Clerks
and the Integrity Commissioner to discuss necessary revisions to the Code.
It should be noted that the City is in a good position because its .Code of Conduct already meets
some of the requirements of the March 1, 2019 Bill 68 requirements (including the adoption of a
Code of Conduct, appointment of an Integrity Commissioner, establishment of a policy for
pregnancy and parental leave for Members of Council and written disclosure statements for
conflicts of interest). The remaining changes to the Code relating to requirements from Bill 68 are
outlined later in this report. For ease of reference, the proposed changes to the Code and the
Complaint Procedure are outlined using tracked changes in Attachment Nos, 1 and 2 to provide
the ability to compare the old wording with the new. In an effort to decrease duplication of
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language between the Code and the Complaint Procedure, some of the information previously
contained in the Code of Conduct pertaining to enforcement, informal and formal complaints as
well as the review and investigation of complaints has been moved to the Complaint Procedure as
it is better placed in this document and not required in both.
In addition to the required changes through Bill 68, the Integrity Commissioner's 2017 Annual
Report provided suggested wording for two areas of the Code as noted below. Further, at the
meeting held on September 17, 2018 where the annual report from the Integrity Commissioner
was received by City Council through Resolution #471/18, Council suggested during discussion of
this matter that revisions to the Code should conform with other municipalities in Durham Region
as muchas possible. To that effect, in additionto the legislated requirements, the City Clerk has
been collaborating with other Clerks in the Durham Region and the Integrity Commissioner to look
for opportunities to achieve Council's request in harmonizing some of the Code wording.
The following provides an overview of the proposed changes broken down into three (3)
categories. It should be noted that the Code of Conduct applies to the City's advisory committees
and some local boards, and the following changes will also apply to those bodies:
Legislated Changes through Bill 68 (that have not yet been adopted by the City)
Municipal Act:
Requirement under Bill 68 and Relevant
Section of the Applicable Legislation
(Effective Date March 1, 2019):
Action taken to comply with legislation:
'
Requirement to adopt a Policy for Council Staff
Section 05 of the Code of Conduct has been
Relations. [Municipal Act - Section 270 (1)]
updated and expanded to include wording
relating to Council/Staff relations and
reference to other City Policies currently in
place that speak to Council/Staff relations.
Expansion of the Integrity Commissioner's
Sections 19, 20, 21 and 23 of the Code of
responsibilities to include:
'Conduct as well as the Complaint Procedure
have been updated to include these new
• Application of the Code for Members,
application of any procedures, rules and
provisions and the expanded role of the
Integrity Commissioner.
policies of the City governing the ethical
.
behaviour of Members, and application
It is being recommended that Members
of sections 5, 5.1 and 5.2 of the
contact the Integrity Co'rnmissioner directly
Municipal Conflict of Interest Act (MCIA)
should they wish to receive advice pertaining
• Requests from Council Members for
advice respecting their obligations
to the Code, City Policies or the MC!A and that
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.under the Code of Conduct and other
policies and procedures of the City
governing the ethical behaviour of
Members
• Requests from Council Members for
advice respecting their obligations
under the MCIA; and,
• The ability to provide educational
information to Members of Council.
[Municipal Act - Section 223.3 (1)]
the City Clerk be copied on the request for.
awareness and budgetary reasons.
Inclusion of the expanded role of the Integrity
Commissioner is also reflected in the draft
addendum to the existing contract.
A proposed draft by-law to confirm the
appointment of Guy Giorno as the Integrity
Commissioner has been included as
Attachment #6 to update his expanded role
and reference to new sections of the Municipal
Act and Municipal Conflict of Interest Act.
An elector or a person demonstrably acting in
the public interest may apply in writing to the
Integrity Commissioner for an inquiry to be
carried out concerning an alleged
contravention of Section 5, 5.1 or 5.2 of the
MCIA. [Municipal Act - Section 223.4.1 ]
New provisions included in Section 21 of the
Code and Section 15 of the Complaint
Procedure.
Requirements that requests for advice be in
writing as well as the requirement that the
advice being given is provided in writing.
[Municipal Act - Section 223.3 (2)]
Included in Section 22 of the Code.
Requirement to indemnify and save harmless
the Integrity Commissioner or any person
acting under the instructions of the
Commissioner for costs reasonably incurred
by either of them in connection with the
defence of a proceeding if the proceeding
relates to an act done in good faith in the
performance or intended performance of a
duty or authority under this Part or a by-law
passed under it or an alleged neglect or
default in the performance in good faith of the
duty or authority. [Municipal Act - Section
223.3 (6)]
Draft addendum agreement includes this
provision.
.
Termination of inquiries in an election year if
not completed before nomination day and the
requirement that no requests for inquiries or
reports to the City on an inquiry be
Included in Section 08 of the Complaint
Procedure.
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commenced or provided between nomination
Timelines pertain to inquiries under the Code
day and voting day. [Municipal Act - Section
and MCIA.
223.3 (7), (8) and (9)]
include this provision (See Attachment #3 of
consideration is to consider whether to
suspend the remuneration paid to the Member
under subsection 223.4 (5) or (6) of the
A new MCIA Complaint Form has been
Timelines include inquiries under Section 5,
created and includes the required statutory
5.1 and 5.2 of the MCIA. [Municipal Act -
declaration as part of the Complaint. (Form
Section 223.4.1]
included as Appendix 3 to the Complaint
Member has contravened Section 5, 5.1 or 5.2
Procedure).
Timing of inquires under the MCIA and the
requirements that they must be made within
Note: the Integrity Commissioner has advised
six weeks after the applicant became aware of
that an affidavit is not required for a Complaint
the alleged contravention. [Municipal Act -
under the Code and that it holds little value.
Section 223.4.1 (4)]
Based on this advice, the Code of Conduct
Complaint Form has been updated to remove
the affidavit requirement).
Release of advice permitted with the Member's
written consent but if Member releases only
part of the advice, the Integrity Commissioner
may release part or all without obtaining the
member's consent. [Municipal Act - Section
Included as Section 29 of the Code.
223.5 (2)] "
Municipal Conflict of Interest Act (MCIA):
Requirement under Bill 68 and Relevant
Section of the Applicable Legislation:
Action taken to comply with legislation:
Requirement to allow a Member to take part in
Proposed amendment to Procedure By-law to
the discussion at a meeting if the matter under
include this provision (See Attachment #3 of
consideration is to consider whether to
suspend the remuneration paid to the Member
under subsection 223.4 (5) or (6) of the
Report CLK 02-19)
Municipal Act. [MCIA - Section 5 (2.1)]
Ability for an elector, Integrity Commissioner or
No changes required — note provided for
a person acting in the public interest to apply
to a judge for a determination on whether a
information and awareness.
Member has contravened Section 5, 5.1 or 5.2
Application directly to a judge requires several
of the MCIA. [MCIA - Section 8]
events to have occurred prior to the application
•
being made. The updates to the Code and
Complaint Procedure outline the process for.
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•
MCIA inquiries to occur through the City's
appointed Integrity Commissioner. Outside of
this process, the City would have no
involvement in an application made directly to
a judge.
If determined by the judge that a Member has
contravened the relevant sections of the MCIA,
the judge may do any or all of the following:
No changes required.
This note is provided for information and
awareness of the possible penalties that may
• Reprimand the Member or former
be applied by a Judge for contraventions
Member;
under the MCIA.
• Suspend the remuneration paid to the
Member for a period of up to 90 days;
• Declare the Member's seat vacant;
• - Disqualify the Member or former
Member from being a Member during a
period of not more than seven years
after the date of the order;
• If the contravention has resulted in
personal financial gain, require the
Member or former Member to make
restitution to the party suffering the loss,
or, if the party's identity is not readily
ascertainable, to the municipality or
local board, as the case may be.
.
[MCIA - Section 9]
Recommendations from the Integrity Commissioner in the 2017 Annual Report (See
Attachment #4 to CLK 02-19):
The Integrity Commissioner has recommended that the following wording be included:
"Any written advice by the Integrity Commissioner to a member binds the Integrity Commissioner
in any subsequent consideration of the conduct of the member in the same matter as long as all
the relevant facts known to the member were disclosed to the Integrity Commissioner." (Included
as Section 22.05 of the Code).
"If upon review of a Complaint, or at any time during an investigation, the Integrity Commissioner
is of the opinion that the Complaint is frivolous, vexatious or not made in good faith, or that there
are no or insufficient grounds for an investigation, the Integrity Commissioner shall not conduct an
investigation or shall discontinue the investigation and shall communicatethis position in writing to
the Complainant and the member identified in the Complaint Form. The Integrity Commissioner is
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under no obligation to prepare a report for any matters that he or she summarily dismisses or
determines not to investigate or after an investigation is discontinued." (Included as Section 05 of
the Complaint Procedure).
Harmonization of Code of Conduct wording with other Durham Region Municipalities
Harmonization of wording centered mainly around the provisions of gifts and benefits under
Section 04 of the Code. This has been a long standing concern for several Durham Region
municipalities in that wording in the lower tier and upper tier codes has not been consistent
making it difficult for Members who sit on both the upper and lower tier councils to determine
which code applies in various circumstances.
Durham Region Clerk's met on January 29, 2019 with Guy Giorno, the City's appointed Integrity
Commissioner, who provided suggested wording for various sections of the Code (See
Attachment #5) to assist with providing consistent language across the Region. Some of the
changes are minor in nature and serve to re -organize the information in a format that is conducive
to specific section references as it pertains to limits and exceptions for gifts and benefits. More
significant changes are around the wording of some of the exceptions that allow Members to
accept certain gifts and benefits as well as the associated limits and disclosures of gifts and
benefits.
Many of the exceptions listed in Section 04.02 remain the same. The old wording for items h), i)
and j), have been expanded and elaborated to provide greater clarity around these exceptions.
Durham Area Clerks have all agreed to present this,language to their respective Council's as
recommended by the Integrity Commissioner. Further to the wording changes, the Integrity
Commissioner has also recommended that the maximum acceptable value for gifts and benefits
be changed to increase the transparency of items received by Members. In the old wording of the
Code, some of the gifts listed under Section 04.02 required a disclosure statement if the value
exceeded $150 and others if the value exceeded $500. Limits were included to cap a total value
of certain gifts received at $1,000. The new wording provides that a dollar -limit of $500 be
imposed for some of the listed exceptions (see new Code Section 04.04) and that a disclosure
statement would be required for anything received valuing more than $200 (see new Code
Section 04.05 and 04.06).
Most of the Integrity Commissioner's recommendations have been incorporated in the proposed
changes described in this Report, however, the optional changes suggested by the Integrity
Commissioner, namely around the inclusion of lobbyist wording have not been included. The
Integrity Commissioner•advised that if lobbyists were not actively participating and engaging
Members of Council, this provision was not necessary. Although not specifically stated in the
Code, all provisions of the Code would apply to a lobbyist and therefore these types of situations
and/or scenarios would already be covered under the Code. Should Council wish to include this
provision, direction should be provided to Staff in this regard.
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The updates to the Gifts and Benefits wording suggested in Mr. Giorno's recommendations
includes posting the Gifts and Benefits Disclosure statements on the City's website. Currently the
Disclosure. Statements are kept in the Clerk's Office and are available to the public for viewing
upon request. Further, minor changes to the Disclosure of Gifts and Benefits Statement have
been incorporated as suggested by Mr. Giorno. In an effort to be open and transparent, it is
recommended that the Gifts and Benefits Statements be posted on the City's website. The
updated Code and Complaint Procedure would also be included on the website.
Through discussions with the Integrity Commissioner, Sections 04.05 to 04.07 inclusive have
been deleted as there is no need for the Integrity Commissioner to examine each Gifts and
Benefits Disclosure Statement. If a complaint is filed that pertains to a gift or benefit received by a
Member, the Integrity Commissioner would examine the Disclosure Statement at that time. '
Further, there is no requirement for the Integrity Commissioner to review these statements.
Provisions that the City Clerk report annually to Council on all gifts received have also been
removed, as the Disclosure Statements are and will be publicly available on the City's website
and, if applicable, through the Integrity Commissioner's annual reports to Council which outline
any investigations conducted.
Further to the changes proposed in the Code, the new provisions in the Municipal Conflict of
Interest Act and the Municipal Act, and the expanded role of the Integrity Commissioner, an
addendum is needed to the original contract signed with Faskin Martineau Dumoulin LLP. The
Region of Durham provided the addendum wording and it has been vetted through the City
Solicitor who has not raised any concerns. Staff are requesting authority to execute the
agreement with the changes taking effect as of March 1, 2019 to coincide with the legislated
timeframes.
In closing, changes to the MCIA also require an amendment to the Procedure By-law to include
that a Member may take part in the discussion at a meeting if the subject matter being considered
is whether to suspend the remuneration paid to the Member. Although the Member. can take part
in the discussion, they are not permitted to vote on the matter. The draft By-law is included as
Attachment #3 to this report and staff are requesting authority to bring this by-law forward for
enactment by City Council.
Attachments:
1. Draft Code of Conduct Policy ADM 070 with Tracked Changes
2. Draft Procedure ADM 070-001 with Tracked Changes
3. Draft By-law to Amend Procedure By-law #7665/18
4. Integrity Commissioner 2017 Annual Report
5. Proposed harmonized wording recommended by Integrity Commissioner
6. Draft By-law to Confirm Appointment of Integrity Commissioner
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Prepared By:
san Cassel
City Clerk
SC:sc
Appr•ved/Endorsed By:
Paul Bi
Directo Cor• •rate Services & City Solicitor
Recommended for the consideration
of Pickering City Council
Tony Prevedel, P.Eng.
Chief Administrative Officer
2-11 Z6L'1
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65
City a�
PICKERING
Attachment # 1 to CLK 02-19
City Policy
Policy Title: Code of Conduct Policy
Policy Number: ADM 070
Reference:
Municipal Act, 2001, as amended
Municipal Conflict of Interest Act, 1990
Date Originated:
March 2012
Date Revised:
February 2014
March 2019
Council Resolution # 45112
Council Resolution # 186/14
Council Resolution #xxx119
Approval: Chief Administrative Officer
Point of Contact: Director, Corporate Services &
City Solicitor
Policy Objective
1. This Code of Conduct is intended to complement the oath of office sworn by
each of the Members of Council of the City of Pickering.
2. Attaining an elected position within one's community is a privilege which carries
significant responsibilities and obligations. Members of Council are held to a high
standard as leaders of the community and are expected to become well informed
on all aspects of municipal governance, administration, planning and operations.
They are also expected to carry out their duties in a fair, impartial, transparent,
professional and respectful manner.
3. All members of the Council of the City of Pickering are committed to protecting
and promoting the well-being and best interests of the citizens of the City with the
highest standards of integrity and ethical conduct. This Code is an affirmation of
this commitment. It recognizes and is based on the following key statements of
principle:
• Members are committed to performing their duties of office and arranging
their private affairs, in a manner that promotes public confidence in the
integrity of each. Member and respect for Council as a whole
• Members are committed to acting and being seen to act with integrity and
impartiality that will bear the closest scrutiny
• Members are committed to serving their constituents in a conscientious and
diligent manner
• Members are committed to working with City officials and staff in a
conscientious and respectful manner
• Members are committed to ensuring that their actions are open and
transparent to the greatest extent possible
66
• Members are committed to avoiding waste, abuse and extravagance in the
provision and use of any of the City's resources
Index
01 Definitions
02 Statutory Provisions and References to Legislation
03 Application
Member Conduct
04 Gifts and gaFt,eiaatieA at-EyeatsBenefits
05 Interaction with•the Public, Other Members and £ Fy-Council/Staff Relations
06 Influence.
07 Conflicts of Interest
08 Confidential Information
09 Communications and Media Relations
10 Charitable Activities
11 Use of City Property
12 Election CampaignsApplicable Laws and Policies
13 Use of Alcohol Election Campaigns
14 Prbfessional Development lJse of Alcohol
15 Conduct of Former Members orofessionai Development
16 Obstruction Conduct of F r Me be s
17 Reprisals 9tas;faetien
18 Role of the Integrity CommisslonerReprisals
Efifr rcement
19 Informal -Complaints
20 In uiries
21 Initial-Glassi#isatieAAdvice
22 I nve.sti g atio n &Pena ltie s
23 Conl"identialityPresentat:on of Findings
24 Annual ReportsCenfidentiality
25 Council Review
26 CostsSanctions
27 . Cost&
28 Repeal
Policy Title: Code of Conduct Policy Page 2 of 25
Policy Number: ADM 070
67
01 Definitions
01.01 In this Code and in the Policy Objective,
a) "child", means a child born within or outside marriage and includes an
adopted child and a person whom a parent has demonstrated a settled
intention to treat as a child of his or her family;
b) "City" means the Corporation of the City of Pickering;
c) "City property' includes City -owned and leased facilities, vehicles,
equipment, supplies, services, computer hardware and software, and
intellectual property;
d) "complaint" means a written request to investigate the conduct of any
member or a possible violation of the Code of Conduct or an inquiry into
an allegation that the Member has contravened Section 5, 5.1 or 5.2 of the
Municipal Conflict of Interest Act filed in accordance with Complaint
Procedure ADM 070-001.
e) "confidential information" includes information relating to the subject
matters set out in Section 0t3of this Code and information in the
possession of the City that the City is prohibited from disclosing under the
Municipal Freedom of Information and Protection of Privacy Act and other
legislation;
e3f1"Council" means the Council of The Corporation of the City of Pickering
49argift or benefit" _nolu.des a h o f
,mat, ue, se f rbe - - - - - - _ nel-benefit;
received from a third partymeans anything of value including but not
limited to cash or monetary equivalent, fee, object of value, service, meal,
travel, accommodation or entertainment;
g)h) "integrity Commissioner" means the Integrity Commissioner
appointed by the City pursuant to Section 223.3 of the Municipal Act,
#a3f."legitimate municipal purpose" when used in this Code means that the
activity or event in which the Member participates relates in the first
instance and directly, to the fulfillment of duties as a Member of Pickering
City Council and not in relation to a private interest or individually to that
Member of Council.
+3j"Member' when used in this Code, means every Member of Council of the
City as well as every other person described in Section 03; anc
Policy Title: Code of Conduct Policy Page 3 of 25
Policy Number: ADM 070
68
j)j"parent" means a person who has demonstrated a settled intention to treat
a child as a member of his or her family whether or not that person is the
natural parent of the child;
"spouse" means a person to whom the person is married or with whom the
person is living in a conjugal relationship outside marriage;
)m) "third party" includes any individual, corporation, and other legally
recognized person or entity, but does not include:
(i) the City, and those bodies referenced in Section 03 of the Code;
(ii) any other Ontario municipality;
(iii) the Government of Ontario; and
(iv) the Government of Canada;
(v) or any of their respective staff, employees, committees, advisory
committees, boards, authorities, departments and related entities, in
their capacities as such.
02 Statutory Provisions and References to Legislation
02.01 In this Code, reference to any Act or by-law is reference to that Act or by-
law as amended or re-enacted from time to time.
02.02 This Code of Conduct operates along with, and as a supplement to, the
existing statutes governing the conduct of Members. The following Acts of
Provincial legislation govern the conduct of Members of Council:
• The Municipal Act, 2001;
• The Municipal Conflict of Interest Act,
• The Municipal Elections Act, 1996; and
• The Municipal Freedom of Information and Protection of Privacy
Act, 1990.
• Occupational Health and Safety Act, 1990; and,
• Human Rights Code, 1990.
02.03 The Criminal Code of Canada also governs the conduct of Members of
Council.
Policy Title: Code of Conduct Policy Page 4 of 25
Policy Number: ADM 070
69
03 ' Application
03.01 Subject to Section 03.02, this Code applies to all Members of City Council
and, with any necessary modifications, to:
a) all persons appointed by the City to exercise any statutory power of
decision (e.g. Fence Viewers and members of the Committee of
Adjustment, the Animal Services Committee and the Property
Standards Committee);
b) -all members of the City's advisory committees (e.g. Heritage Pickering
Advisory Committee, Accessibility Advisory Committee and Pickering
Museum Advisory Committee); and
c) all persons appointed by the City to any agency, board or commission
including Elexicon Energy (formerly V'eridian Corporation] and the
Toronto and Region Conservation Authority.
03.02 This Code does not apply to members of the Pickering Public Library
Board.
Member Conduct
04 Gifts and Benefits
Gifts and benefits are often received by Members in the. course of their duties, and
attendance at public functions is expected and considered a legitimate part of their
role. The object of this rule is not to prohibit Members from participating in events
in their community, but rather to provide transparency around the receipt of
incidental gifts and benefits, where the total value may be perceived as potentially
influence decision making. Maintaining a public record of Member dDisclosure
Sstatements functions as a transparency tool and not an impediment to Member
participation at community events.
Personal integrity and sound business practices require that relationships with
vendors, contractors, or others doing business with the City, be such that no
Member of Council is perceived as showing favoritism or bias toward the vendor,
contractor or other.
A Gift or Benefit to a Members Spouse, Child or Parent that is connected directly
or indirectly to the performance of the Members duties is deemed to be a Gift or
Benefit to the Member if provided with the Member's knowledge or solicited by the
Member.
Policy Title: Code of Conduct Policy Page 5 of 25
Policy Number: ADM 070
70
Rules on Gifts and Benefits:
04.01 A Member shall not solicit or accept any Gift or Benefit that:
:General
a) is intended to influence, might influence, or could reasonably be
perceived that it might influence or is intended to influence, the
Member in the performance of the Member's duties as an elected
official: or
a)b) is intended, or could reasonably be perceived that it is intended, as
a reward for any action or impending action by the Member.Subject to
Sect' - -
duties of office. For the purposes of this provision, any gift provided to
Exceptions:
04.02 Despite section 04.01, a Member may accept the following:The City
ceremonies or similar events, is deemed to be a gift or benefit under the
Code. Accordingly, the following typcs of gifts arc recognized a:,
a) A political contribution offered. accepted and reported in accordance
with applicable law„
b) Food or beverage, of reasonable value, at a banquet, reception,
ceremony.or similar event that the Member attends for a legitimate
municipal purpose'
Policy Title: Code of Conduct Policy
Policy Number: ADM 070
Page 6 of 25
71
c) A Gift or Benefit that is received as an incident of protocol or social
obligation that normally and reasonably accompanies the
responsibilities of office;
d) A token gift such as a souvenir, memento or commemorative gift that is
given in recognition of service on a committee. for speaking at an
event, or for representing the City at an event;
e) A communication to the office of a Member, including a subscription to
a newspaper or periodical;
f) A service provided by a person volunteering time without
compensation;
g)
Food. lodging, transportation or entertainment lawfully provided by a
govemment (federal. provincial. local or foreign) or government
agency. or by a not-for-profit organization whose members are
governments or government agencies (examples of such a not-for-
profit organization include the Canadian Association of Nuclear Host
Communities and the Federation of Canadian Municipalities);
h) Food, lodging, transportation or entertainment lawfully provided by the
organizer of a conference, seminar, charity fundraiser, reception,
ceremony, cultural event, sporting event, business, or political event
where the Member is speaking or attending in an official capacity;
i) An invitation from and at the expense of a private third party to attend a
conference. seminar, charity fundraiser. reception. ceremony. cultural
event or other similar event within the City where the proceeds raised
are to support a not-for-profit or charity organization provided that the
Member is not lobbied at the event
1)
Reimbursement of a reasonable expense incurred, or an honorarium
received, in the performance of activities connected with a public
authori or a munici•al association a enc board orcor•oration
including a corporation of which the City is a shareholder or member
k) A sponsorship or donation for a community event organized or run by
a Member, or a third party on behalf of a Member, subject to the
limitations set out in any applicable policy of the City; and,
I) Compensation authorized by Council or law.
Policy Title: Code of Conduct Policy
Policy Number: ADM 070
72
Page 7 of 25
b) -teken g' enirs, me emorative-gifte
t
i he -City- at an event;
El-)—eemmunisatieRs-te-the-effi
newspapers -and perFiedisals
eelby-laves
fi} political sentdbutiens tha
1}),-gifts-e€-admi6
wig -their
ilar events, if-th
legitimate-Faunisipalsuffiese:
1-)—Feasef4able-payment-for-paftielpatien-in-er-er-gagizi-Fig-any-reception7
ing event and
1)—feedrieflgi
- e- Marketing-4lliance-and
nmdnities}-
Solicitation:
04.03 This section does not preclude a Member from soliciting funds or
donations in support of a charitable or philanthropic cause, organization,
or charity provided that all funds or donations are provided directly by the
donor(s) to the recipient organization or charity.
Maximum Acceptable Value:
04.04 Despite anything else in this Code, a Member shall not accept a Gift or
Benefit of value greater than $500 and shall not accept from a single
source during a 12 -month period Gifts and/Benefits of total value greater
than $500. This dollar -limit does not apply to an item described in
paragraph (a), (g), (h), (i) or (I) of section 04.02.
Policy Title: Code of Conduct Policy Page 8 of 25
Policy Number: ADM 070
'73
Public Disclosure:
04.05 A Member who receives a Gift or Benefit of value greater than $200 or
receives from a single source during a 12 -month period Gifts and/Benefits
of total value greater than $200 shall within 30 days of receipt file a
Disclosure Statement with the City Clerk
gift described in Section 01.02 (a), (b) or (c), Members chall file a
diselesu
the -value
.. -'--
maybe.
04.06 No Disclosure Statement is required for an item described in paragraph
(a), (b), (f), or (I) of section 04.02.
94:9504.07 The Disclosure Statement shall set out
shalt indicate;;
a) Nature of Gift or Benefit;
b) Source;
c) Date received;
d) Circumstances under which Gift or Benefit was given and received;
e) Estimated value:
f) What the recipient intends to do with Gift or Benefit; and,
q) Whether Gift or Benefit will at some point be provided to the
municipality.
t
a)—its-estimmat.T.a :aloe.
040404.08 Every Disclosure Statement shall be made a public record and
posted on the City's Websit-
ef-lis-reserd.
Policy Title: Code of Conduct Policy
Policy Number: ADM 070
74
Page 9 of 25
Recommendations of Integrity Commissioner and Authority of Council
94.05 The City Clerk shall report to Council -a ually-eaall--g fts-feceived--by
04.06 The Integfity-6e ment-filed
. - - . - - - - • - ift:-ralgk�if�hef-ef
brie
daties of-theMcmbcr. If the Integrity-Gom ieaermahes-that
the gift,
04.09 In a report on a Complaint that relates to a Gift or Benefit, in addition to the
range of recommendations otherwise provided under this Code, the
Integrity Commissioner may recommend, and upon consideration of the
Integrity Commissioner's report the Council, in addition to its other powers
under this Code, may impose, one or more of the following remediestfthe
Integrity-Gerfrmissioner determines that receipt efthe gift -was
inappfepriate, he or she may direct the Member to return the gift,
-
gift, or; t, t the-
a) That the Member be directed to return the Gift or Benefit.
b) That the Member be directed to reimburse the donor for the value of
a Gift or Benefit already consumed.
c) That the Member forfeit the Gift or Benefit to the City.
a)d) That the Member be directed to remit to the City the value of
a Gift or Benefit already consumed
05 Interaction with the Public, Other Members and Council/Staff
OtherRe latio n s-Members-and-City-Staf€
05.01 Members have a duty to treat members of the public, one another, and
staff, with respect and dignity and without abuse, bullying or intimidation.
05.02 Members have a duty to ensure that the City's work environment is safe,
and free from discrimination and harassment.
05.03 No Member shall compel staff to engage in partisan political activities or
be subjected to threats or discrimination for refusing to engage in any such
activity.
Policy Title: Code of Conduct Policy Page 10 of 25
Policy Number: ADM 070
75
05.04 Members must recognize that staff serve Council as a whole and the
collective interests of all Members as evidenced through the decisions of
Council, and that the role of staff is to provide advice that is based on
political neutrality, objectivity and professional judgment which may not
necessarily reflect the opinion or position of any single member of Council.
05.05 Every Member shall conduct himself or herself properly and with decorum
at Council meetings in accordance with the provisions of the City's
Procedural By-law or any revision thereof.
05.06 Respect shall be shown at all times for the roles and responsibilities which
Members of Council have in the decision-making process through elected
office and which City Staff have in formulating and providing
recommendations to Council.
05.07 The priorities and timelines of Council and City Staff must be understood
and respected, including sufficient communication if there are adjustments
made to any previously stated timelines.
05.08 At no time shall a Member of Council involve themselves in matters of
administration or departmental management.
05:09 Notwithstanding the provisions noted above, Members shall have regard
for the following City Policies that outline further parameters pertaining to
Council/Staff Relations including:
• Hiring Policy (HUR 040)
• Workplace Harassment Policy (HUR 070)
• Occupational Health & Safety Policy (HUR 130)
• Council Compensation Policy (ADM 190)
• Personal Computer Use Policy (ADM 0301
• Freedom of Information and Protection of Privacy Policy (ADM 050)
• Purchasing Policy (PUR 010)
• Cellular Phone and Mobile Communications Devices Policies (ADM
0801
• Employee Code of Conduct (HUR 050) and,
• The Citv's Procedure By-law as amended from time to time.
05.10 To the extent that there is any inconsistency between this Code and anv
of the City's policies. this Code prevails.
Policy Title: Code of Conduct Policy Page 14 of 25
Policy Number: ADM 070
76
06 Influence
06.01 No member shall use his or her office to seek to influence any decision
made or to be made by Council, any Member or any other person to the
member's private advantage or to the advantage of another person.
06.02 No Member shall use his or her office to seek to influence or interfere with
the administration or enforcement of the City's regulatory by-laws or other
laws enforced by the City. Notwithstanding this, it is recognized that
Members of Council may, in good faith, raise the concerns of residents
with City staff for the purpose of determining if those concerns can be
resolved, having due regard for the public interest in fair and impartial by-
law enforcement.
06.03 All applicants for City positions shall have an equal opportunity to obtain
employment.. No Member shall use his or her office to seek to
inappropriately influence the hiring of specific individuals for any position
within the City, including part-time employees and summer students.
Nothing in this Section prohibits a Member from: (i) providing a reference
for an applicant for any position within the City, or (ii) offering his or her
opinions and voting on any decision to hire a Chief Administrative Officer.
06.04 No Member shall use the City's corporate logo or the City letterhead in any
communication intended to solicit funds to support any cause, unless such
cause has been sanctioned by the City.
07 Conflicts of Interest
07.01 It is the responsibility of each Member to be familiar with and adhere to the'
provisions of the Municipal Conflict of Interest Act. In addition, recognizing
the importance of avoiding even the appearance of a conflict of interest,
Members are encouraged to interpret the phrase "conflict of interest" in its
broadest possible terms, and shall avoid taking any action or making any
decision where there are grounds for a reasonable person to think that a
conflict exists between the Member's personal interests and the public
interest.
08 Confidential information
08.01 In accordance with Section 239 of the Municipal Act, 2001 and City's
Procedural By-law, meetings may be. held in camera if the subject matter
being considered is,
Policy Title: Code of Conduct Policy Page 12 of 25
Policy Number: ADM 070
77
a) the security of the property of the municipality or local boardthe-seatrity
of -the n ert. ef-the City;
b) personal matters about an identifiable individual, including municipal or
local board ay -employees -of tthe City;
c) a proposed or pending acquisition or disposition of land far -City
purpose -shy the municipality or local board;
d) labour relations or employee negotiations;
e) litigation or potential litigation, including matters before administrative
tribunals, affecting the Citymunicipality or local board;
f) advice that is subject to solicitor -client privilege, including
communications necessary for that purpose; Of
g)a matter in respect of which Council. board, committee or other body
may hold a closed meeting under another Act. -1
h) information explicitly supplied in confidence to the municipality or local
board by Canada, a province or territory or a Crown agency of any of
them:
i) a trade secret or scientific, technical, commercial, financial or labour
relations information. supplied in confidence to the municipality or local
board. which if disclosed, could reasonably be expected to preiudice
significantly the competitive position or interfere significantly with the
contractual or other negotiations of a person, group of persons, or
organization;
j) a trade secret or scientific, technical, commercial or financial
information that belongs to the municipality or local board and has
monetary value or potential monetary value; or
)k) a position, plan, procedure, criteria or instruction to be applied to
any negotiations carried on or to be carried on by or on behalf of the
municipality or local board.
08.02 In accordance with the Municipal Act, 2001, a meeting may also be held in
camera if it is held for the purpose of educating or training Members and,
at the meeting, no Member discusses or otherwise deals with any matter
Policy Title: Code of Conduct Policy Page 13 of 25
Policy Number: ADM 070
78
in a way that materially advances the business or decision-making of
Council.
08.03 Members shall hold in strict confidence all information concerning matters
dealt with in camera. No Member shall release, make public, or in any
way divulge any such confidential information or any aspect of the in
camera deliberations, unless expressly authorized or required by law.
08.04 No Member shall release, make public, or in any way divulge any such
confidential information acquired by virtue of his or her office, unless
expressly authorized or required by law.
08.05 No Member shall use information gained in the execution of his or her
office that is not available to the general public, for any purpose other than
his or her official duties.
08.06 No Member shall access or attempt to gain access to confidential
information in the custody of the City except to the extent necessary for
the performance of his or her duties as a Member.
09 Communications and Media Relations
09.01 Members shall fairly and accurately communicate the decisions of Council
even if they disagree with a majority decision of Council, in order to foster
respect for the decision-making process of Council.
10 Charitable Activities
10.01 As community leaders, Members of Council are called upon to organize,
sponsor, assist and support various charities, service clubs, and other
non-profit and. community-based associations. For example, Members
support their communities in a variety of ways including, but not limited to:
a) accepting honorary roles in organizations;
b) sending their names to organizations and events to assist in
fundraising; and
c) encouraging community donations to registered charitable, not-for-
profit, or other community-based groups,
Policy Title: Code of Conduct Policy Page 14 of 25
Policy Number: ADM 070
79
10.02 Members supporting these community endeavours shall respect the need
for transparency with respect to their involvement in such enterprises, and
shall perform their community service in a manner that promotes public
confidence.
10.03 This Code recognizes that Members of Council are community leaders
and may_, - - - - - '-'es-lend their support to
and encourage community donations to registered charitable and Not-for-
profit groups, urge constituents, business and other groups to support
community events and advance the needs of a charitable organization put
on by others in the City, in addition to collaborating with the City of
Pickering and its agencies to hold community events.
10.04 Members of Council should not handle any funds on behalf of any
organizations or community group and should remain at arm's length from
the financial aspects of these community and external events. Any funds
solicited and/or donated should be handled in accordance with Section
04,03 of this Code.
11 Use of City Property
IA 2
11.01 A Member who has care or custody of City property shall ensure that such
property is properly used, maintained and secured. Members shall be
held personally responsible for loss or damage if, in the opinion of the '
Chief Administrative Officer, City property under their care or custody has
been used, maintained or secured in a negligent or abusive manner.
11.02 All City property required by Members to perform their duties of office shall
be procured by the appropriate City staff in the manner set out in the City's
Purchasing Policy and shall be considered purchased for the benefit of the
City, not the benefit of the Member.
11.03 A Member shall not use, or permit the use of, City property or any other
City resource for activities not associated with the discharge of his or her
duties of office.
Applicable -Laws -and -Pokiest
12.01—Members are expected -to sere -the -public -interest by upneidi g--both-the
letter and-the-spirt-e#-theland-policies established by the Federal
Parliament, Ontario Legislature; -and City Council -
12 02 Th shed a comprehensive set of policies and procedures
designed te-ensare-thrat the work environment is safe and free from
discrimination and -harassment, and that- he-Gity-eperatians are -effective,
Commented [CS1]: The Information in this section has been
moved to Section 5,
Policy Title: Code of Conduct Policy Page 15 of 25
Policy Number: ADM 070
80
efficient -open and-assessib1}e. All Myers are -required to -observe the
terms of all cuGla-130lisics and --procedures in the carne—manner-and to the
same extent as employees of the Cit} Spesifi peeted
to -comply -with -the -following -policies
• Hiring-Pelisy-(F#UR-940)
+ Wor#place-Harassment-PolicoQ)
'cy (HUR 130)
•_---Ge ,r,ci Compe tion Policy—(AAD 490)
.—Per ;or amute Lose-Potioy-EADM--030)
• - Freedai-et I AFn t n and Protection of Privacy Poli ',ADI4-003
•--Purchasing Policy (PUR 010)
+---Cellular Phone -and Mobile-Gormupications-Devices Policies (ADM
090)
1-2,03—To-the-extent that there is any insonsistenoy-between this Code--anal-any-a€
the City's policies, this Code-prevalts
1312 Election Campaigns
4312.01 No Member shall use City property for any election campaign or
campaign -related activities. For purposes of this Section, City property
includes the City's corporate logo.
4312.02. No Member shall undertake campaign -related activities on City -
owned lands.
4-312.03 An exemption to Sections 13.01 or 13.02 may be granted by the
City Clerk where such is, in the view of the City Clerk, in the public interest
(e.g. political debates).
4-312.04 No Member shall use the services of City employees in work for his
or her re-election during hours in which those employees are in the paid
employment of the City.
-1413 Use of Alcohol
=1413.01 Members shall not be permitted to charge as an expense to the
City the cost of purchasing any alcoholic beverage. An exception shall be
made for reasonable alcohol costs associated with a legitimate business
meeting, lunch, dinner or event involving business representatives or
dignitaries, consistent with conducting City business.
Policy Title: Code of Conduct Policy Page 16 of 25
Policy Number: ADM 070
81
1514 Professional Development
15'4.01 Members shall promote and participate in opportunities for
professional development in order to carry out efficiently and effectively
the responsibilities of their office and to remain current on issues affecting
the City.
1615 Conduct of Former Members
1-615.01 The City shall not hire or award any contract to any former Member
for a period of 12 months from the date the former Member ceased to hold
office, except where the former Member is the successful bidder through a
quote or tender consistent with appropriate City policies.
1615.02 A former Member may not lobby the City, or any Member, for a
period of 12 months from the date the former Member ceased to hold
office. For purposes of this Section, "lobby" includes being paid to try to
influence a Member on an issue.
1716 Obstruction
17.01 No Member shall obstruct the Integrity Commissioner in the carrying out of
her or his responsibilities.
17Reprisals
18.01 No Member shall seek any reprisal or threaten any reprisal, against a
complainant or any other person for providing relevant information to the
Integrity Commissioner in the course of inquiry pursuant to a complaint.
Policy Title: Code of Conduct Policy Page 17 of 25
Policy Number: ADM 070
82
18 Role of the Integrity Commissioner
18.01 The Integrity Commissioner shall be responsible for performing in an
independent manner the following functions as assigned by the City with
respect to:
• the application of the Code of Conduct:
• the application of any procedures, rules and policies of the City
governing the ethical behaviour of Members: and
• maintaining custody and control of the Integrity Commissioner's
complaint and inquiry files and, on completion of their term of
appointment, to transfer open files relating to ongoing matters to the
incoming Integrity Commissioner appointed by Council.
18.02 In addition, to the responsibilities set out in Section 19.01, the Integrity
Commissioner shall also provide:
• information to Council as to Members' obligations under the Code of
Conduct and the Complaint Procedure*,
• information to Council with respect to compliance with the
requirements of the Municipal Conflict of Interest Act including with
respect to declaring a conflict of interest, and not using any influence
where a matter is being considered by an officer or employee of the
City;
• advice to individual Members regarding specific situations as they
relate to the application of the Code of Conduct:
• advice to individual Members regarding their obligations under the
Municipal Conflict of Interest Act,
• advice to Council on other policies and procedures that relate to the
ethical behavior of Members:
• information to the public regarding the Code of Conduct and the
obligations of Members under the Code of Conduct and the Municipal
Conflict of Interest Act and
• an annual report to Council on the activities of the Integrity
Commissioner.
.18.03 Without limiting the generality of Section 19.01, the Integrity
Commissioner may determine, on a case-by-case basis, whether to
undertake an investigation or not to undertake an investigation on whether
a member has contravened the Code of Conduct or sections 5, 5.1 or 5.2
of the Municipal Conflict of Interest Act. The Integrity Commissioner shall
be entitled to summarily dismiss a complaint filed in accordance with the
Complaint Procedure on the basis that it constitutes in his or her opinion,
an abuse of process or is frivolous or vexatious.
Policy Title: Code of Conduct Policy Page 18 of 25
Policy Number: ADM 070
83
189.04 Without limiting the generality of Section 19, all determinations of the
Integrity Commissioner under the Code of Conduct shall be made in his or
her own absolute discretion and shall be final and binding.
18.05 Any written advice given by the Integrity Commissioner to a member binds
the Integrity Commissioner in any subsequent consideration of the conduct of the
member in the same matter as long as all the relevant facts known to the
member were disclosed to the Integrity Commissioner.
19 Complaints
2819.01 All complaints pursuant to the Code of Conduct shall be filed in
accordance with Complaints Procedure ADM 070-001.
20 Inquiries
20.01 An elector or a person demonstrably acting in the public interest may apply
in writing to the Integrity Commissioner for an inquiry to be carried out
concerning an alleged contravention of Sections 5. 5.1 or 5.2 of the
Municipal Conflict of Interest Act.
20.02 The application must set out the reasons for believing that a Member has
contravened the aforementioned sections of the Municipal Conflict of
Interest Act and include a statutory declaration attesting to the fact that the
applicant became aware of the contravention not more than six weeks
before the date of the application (or within the period of time starting six
weeks before nomination day for a regular election and ending on voting
day).
20.03 The Integrity Commissioner must complete the inquiry within 180 days
after receiving the completed application, unless the inquiry is terminated.
20.04 Upon completion of the inquiry the Commissioner may apply to a judge
for a determination as to whether the member has contravened the
aforementioned sections of the Act.
20.05 All requests for inquiry shall be filed in accordance with the Complaint
Procedure.
21 Advice
212.01 28Requests by a Member for advice must be in writing and provided
directly to the Integrity Commissioner. The City Clerk shall be copied on
all requests for advice by a Member to the Integrity Commissioner.
Policy Title: Code of Conduct Policy Page 19 of 25
Policy Number: ADM 070
84
212.02 Advice given by the Integrity Commissioner to a member of Council or
local board shall be provided in writing.
21.03 The Integrity Commissioner shall update the City Clerk on the status of
such Member requests.
22 Penalties
22.01 Council may, where it has received a report from its Integrity
Commissioner that there has been a violation of the Code of Conduct,
impose one of the following penalties on a member who has been found to
be in contravention of the Code of Conduct:
a) a reprimand: or
b) suspension of the remuneration paid to the Member in respect of his
or her services as a member for a period of up to ninety (90) days.
triferGement
20 t edging of Fo al Cemplaintc
ber that the conduct contravenes
a) be in writing;
sernplainti
witness,
ComtnefiteJ [C$2]t-- 1i fofa ng deleted sections have boon
Inclined to the to�plgfot Ptuei'dpre,
Policy Title: Code of Conduct Policy
Policy Number: ADM 070
Page 20 of 25
85
21 -I
22—Investigations
general fepoFt
wit in4en- s:
Policy Title: Code of Conduct Policy
Policy Number: ADM 070
86
Page 21 of 25
up equest-fora-
22.05 Fe •- - - - = - - - he4ntegrity-6
. hay --- -' t&, flnarlsia
reports,-fAesands-or-proper a ves
22.06 The Integrity -6 y -make -interim -rep
taiiation
23 Presentation -of -Findings
Member lat
..-- -
e complainant -and -the
plaint
2.342 Where-a-cemplaiat-ts-uplielegrity
'ngs, the
ten -or
sanstion7
,-t hall -se -state in
t
ntegrity-Cern
concerns.
23.05 Who isscd, savo-inwxseptionai-sircumstai oes-the
Inte9 .
annual-er-other general rep ct
2423 Confidentiality
2423.01 The Integrity Commissioner shall preserve the confidentiality of all
matters that come to his or her knowledge in the course of his or her
duties and shall disclose information only in accordance with this Code or
otherwise as required by law.
2324.02 A complaint about any Member is to be treated as the personal
information of the Member against whom the complaint is directed, and of
Policy Title: Code of Conduct Policy
Policy Number: ADM 070
Page 22 of 25
87
the Csomplainant. Under the Municipal Freedom of Information and
Protection of Privacy Act, both the Member and the Csomplainant must
therefore consent to the public disclosure of the complaint.
2324.03 Subject to Section 2429.01, the Integrity Commissioner may .
disclose in any report to Council such matters as in his or her opinion are
necessary for the purposes of the report.
2324.04 Despite Sections 24.2901 and 2429.02, all reports to Council from
the Integrity Commissioner shall be made available to the public.
23.05 Any matters pertaining to the giving of advice by the Integrity
Commissioner under paragraph 4, 5 or 6 of subsection 223 1 (1) of the
Municipal Act, may be released with the Member's written consent.
23.06 If a Member releases only part of the advice provided to the Member by
the Integrity Commissioner. he or she may release all or part or all of the
advice without obtaining the Member's consent.
23.07 The Integrity Commissioner may disclose such information as in his or her
opinion is necessary:
a) For the purposes of a public meeting under subsection 223.4.1(8) of
the Municipal Act,
b) In an application to a fudge referred to in subsection 223.4.1(15): or
c) In the written reasons given by the Integrity Commissioner under
subsection 223:4.1 (17).
24 Annual Reports
24.1 The Integrity Commissioner shall submit an annual report to Council which
will include information on the nature and volume of activity for the past
Veer and provide examples, while maintaining the anonymity of the
persons involved, in respect of advice provided and the nature of
complaints received and responded to.
24.2 The annual report of the Integrity Commissioner shall be provided to Council
for information purposes. The report is a public document. '
Policy Title: Code of Conduct Policy Page 23 of 25
Policy Number: ADM 070
88
2525 Council Review
2525.01 Council shall consider all reports of the Integrity Commissioner and
may adopt or reject, in whole or in part, any recommendation of the
Integrity Commissioner.
26 [Sanctions'.
2 e - nes-repel-6euncil that
a Member has contravened this Code, Council may,
a)reprimand-the-Mesmer;
b) require Vic Member to repay or reimburse -monies oseivcd;
c) require the Member to reimburse the Cider ages;
d) a the Mambef-te-rehar -property; ani
o) require the Member apologi-te to Council, the complainant, or both.
2726 Costs
2728.01 Council may, in its discretion, reimburse either a complainant or a
Member for actual and reasonable legal expenses related to a Code of
Conduct Complaint, on a case-by-case basis.
2-726.02 Costs may be reimbursed to the complainant only if the Integrity
Commissioner concludes that the sComplaint is not frivolous, vexatious or
made in bad faith.
272$.03 Costs may be reimbursed to the Member only if the Integrity
Commissioner concludes that there has been no contravention of the
Code.
2.726.04 Every Member shall comply with the requirements of this Code of
Conduct, and shall act in accordance with its spirit and intent, in all matters
pertaining to the performance of his or her duties as a Member.
26.05 The Commissioner's costs of applying to a fudge shall be paid by the
following:
1. If the Member is alleged to have contravened section 5, 5.1 or 5.2 of the
Municipal Conflict of Interest Act as a Member of Council of a
municipality, the municipality.
Commented [CS3]: Thls inform anon has herrn included fn
Seufon 4 and 23 of the Code.
Policy Title: Code of Conduct Policy Page 24 of 25
Policy Number: ADM 070
89
2. if the Member is alleged to have contravened section 5, 5.1 or 5-2 of the
Municipal Conflict of interest Act as a Member of a local board, the -
local board.
28Repeal
28-01 The Counc+l Code of Practice adepte-e-bauRsl4-en 0Gtabcr 11, 1-90-7—ie
hereby repealed,
Policy Title: Code of Conduct Policy Page 25 of 25
Policy Number: ADM 070
90
City o1
PICKERING
Attachment # 2 to CLK 02-19
City Procedure
Procedure Title:
Complaint Procedure for Complaints under the Council Code of
Procedure Number:
ADM 070-001
Conduct and Inquiries under the Municipal Conflict of Interest
Act
Reference:
Municipal Act, 2001, as amended
Municipal Conflict of Interest Act, 1990
Date Originated:
December 2012
Date Revised:
March 2014
March 2019
Pages:
12
Council Code of Conduct
Approval: Chief Administrative Officer
Point of Contact: Director, Corporate Services & -
City Solicitor
Procedure Objective
All complaints must be addressed in accordance with the procedure set out herein
• - • - _ _ : - or no action will be taken on the complaint.
Index
01 Informal Complaint Procecc Code of Conduct
02 Formal Complaint Procedure Code of Conduct
03 it Review and Classification by Integrity Cemmiceienerof Code
of Conduct Complaints
04 Response if Complaint is not a Code of Conduct Violation
Investigation
05 Refusal to Conduct Investigation
06 Opportunities for Resolution
0607 Investigation
0708 No Complaints or Reports Prior to Election
0809 Recommendation Report
0910 No Appeal of Integrity Commissioner's Decision
4011 Report to CouncilNo Repertc• Prier to Election
1412 Duty of Council
4213 PublicDisclosure
4314 Code Prevails
15 Request for Inquiry under the Municipal Conflict of Interest Act
91
Appendix 1 -- Council Code of Conduct Formal Complaint Form/Affidavit
Appendix 2 Council Council -Member Disclosure Statement
Appendix 3 — Application for Inquiry -- Alleged Contravention of the Municipal Conflict of
Interest Act Form
Complaint Procedure for Council Code of Conduct Page 2 of 11
A1312 070-001
01 Informal Complaint Prue- Code of Conduct
01.01 01.04 Any resident of Pickering who has observed conduct by a
Member that the person believes contravenes the City's Code of
Conduct, is encouraged to deal initially with the matter informally by
advising the Member that the conduct contravenes the Code and by
encouraging the Member to stop the prohibited conduct.
01.0101.02 Members of the pu ne - _ . "=eiayiour or activity
by rbcr of Council that app ars to bo in contrate-ntion of the-Ge€1e
of Conduct for Members-ef Council (the "Code of Conk, iet') may
a4 &-#• - - - - - - - - - - - themselves as follow sThe
following measures could be taken for an informal complaint:
a) advise the Member that the behaviour or activity appears to
contravene the Code of Conduct;
b) encourage the Member to acknowledge and agree to stop the
prohibited behaviour or activity and to avoid future occurrences of
the prohibited behavior or activity;
c) document the incidents including dates, times, locations, other
persons present, and any other relevant information;
d) request the Integrity Commissioner to assist in informal discussion
of the alleged complaint with the Member in an attempt to resolve
the issue. If applicable, confirm to the Member your satisfaction with
the response of the Member or, if applicable, advise the Member of
your dissatisfaction with the response; and
e) pursue the matter in accordance with the formal complaint
procedure outlined in Part 2, or in accordance with any other
applicable judicial or quasi-judicial process or complaint procedure.
01.02 Individuals are encouraged to pursue this informal complaint procedure
as a means of stopping and remedying a behaviour or activity that they
believe violates the Code of Conduct. With the consent of both the
complaining individual and the Member, the Integrity Commissioner
may participate in any informal process. The parties involved are
encouraged to take advantage of the Integrity Commissioner's potential
role as a mediator/conciliator of issues relating to a complaint. However,
it is not a precondition that those making a complaint pursue the
informal complaint procedure prior to pursuing the formal complaint
procedure set out in Part 2.
02 Formal Complaint Prosedu-re- Code of Conduct
Complaint Procedure for Council Code of Conduct
ADM 070-001
Page 3 of 11
93
02.01 Members of the public who identify or witness behaviour or an activity
by a Member of Council that they believe is in contravention of the Code
of Conduct, may file a formal complaint
the prescribed C ••• • - _ _ _ with the City Clerk
no later than six (6) months from the date the Complainant became
aware of the alleged contravention. Formal complaints shall:
a) be in writing on the prescribed Code of Conduct Formal
Complaint Form (Appendix 1);
b) set'out the grounds for the belief and the contravention alleged;
c) be signed and dated by an identifiable individual;
d) include the original or copy of any supporting documentation or
other supporting material available to the complainant;
e) include the name and contact information of the complainant and
any witnesses; and,
f) include the name of the alleged violator, the provision of the
Code of Conduct allegedly contravened, the facts constituting the
alleged contravention.
and
02.02 The Complaint Form will be disclosed to the respondent and to others
who may be involved in carrying out this procedure and enforcing the
Code of Conduct;
02.03 Receipt of formal complaints will be acknowledged in writing.
Complaint Procedure for Council Code of Conduct
Alm, 070-001
Page 4 of 11
02.04 Any Complaints received after the six (6) month timeframe noted
above will not be accepted and no action will be taken.
03 Review and Classification of Code of Conduct
Complaints
03.01 Each formal complaint filed with the City Clerk, shall be forwarded to the
Integrity Commissioner for review to determine if the matter is, on its
face, a complaint with respect to non-compliance with.the Code or
under the Municipal Conflict of Interest Act and within the jurisdiction of
the Integrity Commissioner to consider
03.02
Form/Affidavit ice+ received
04 Response if Complaint is Nnot a Code of Conduct Violation or is Outside
Jurisdiction of Integrity Commissioner
03.0304.01 If a complaint or a part of a complaint is not, on its face, a complaint
with respect to non-compliance with the Code or not within the
jurisdiction of the Integrity Commissioner to process, the Integrity
Commissioner may refer the matter to the appropriate person or body
as follows
a) Criminal Matter — if the complaint on its face is an allegation of a
criminal nature consistent with the Criminal Code of Canada, the
complainant shall be advised that if the complainant wishes to
pursue any such allegation, the complainant must pursue it with the
appropriate Police Service.
Complaint Procedure for Council Code of Conduct
ADM 070-001
Page 5 of 11
95
c)jMunicipal Freedom of Information and Protection of Privacy
Act (MFIPPA) — if the complaint is more appropriately addressed
under the . - -
Privacy Act,MFIPPA, -the complainant shall be advised that the
matter must be referred to the City Clerk for Access and Privacy
review.
d)21Other MattersPolicy pplicc — if the complaint is covered seems
by other -anther policies or legislation, yrthe
complainant shall be advised to pursue the matter under as
considered appropriate by the Integrity Commissioner olicy.
045 Refusal to Conduct Investigation
If upon review of a Complaint, or at any time during an investigation, the Integrity
Commissioner is of the opinion that the Complaint is frivolous, vexatious or not
made in good faith, or that there are no or insufficient grounds for an
investigation, the Integrity Commissioner shall not conduct an investigation or
shall discontinue the investigation and shall communicate this position in writing
to the Complainant and the member identified in the Complaint Form. The
Integrity Commissioner is under no obligation to prepare a report for any matters
that he or she summarily dismisses or determines not to investigate or after an
investigation is discontinued. • - - - - ' • _ _ •• _ - _ - - _ .
056 Opportunities for Resolution
Following receipt and review of a formal complaint, or at any time during the
investigation, where the Integrity Commissioner believes that an opportunity to
Complaint Procedure for Council Code of Conduct
AIN 070-001
Page 6 of 11
resolve the matter may be successfully pursued without a formal investigation,
and both the complainant and the. Member agree, efforts may be pursued to
achieve an informal resolution. The formal complaint will be held in abeyance
during such time.
067 Investigation
067.01 If the Tie -Integrity Commissioner determines a formal investigation is
required, he/she shall:
a) give -provide a copy of the complaint and supporting material to the
Member whose conduct is in question with a request that a written
response to the allegation be provided within ten (10) days; and
b) give -provide a copy of the response provided by the Member to the
complainant with a request for a Written reply within ten (10) days.
067.02 If necessary, after reviewing the submitted materials, the Integrity
Commissioner may speak to anyone, access and examine any City
documents, files, financial records, correspondence and other data, and
may enter any City work location relevant to the complaint for the
purpose of investigation and potential resolution.
067.03 The Integrity Commissioner may make interim reports to Council where
necessary and as required to address any instances of interference,
obstruction, delay or retaliation encountered during the investigation.
07.04 The Integrity Commissioner may elect to exercise the powers under
sections 33 and 34 of the Public Inquiries Act, in which case those
sections would apply to the investigation.
078 No Complaints or Reports Prior to Election
08.01 If the Integrity Commissioner has not completed an inquiry before
nomination day for a regular election, as set out in Section 31 of the
Municipal Elections'Act, 1996, the Integrity Commissioner shall terminate
the inquiry on that day ' • - - -
sectayG' tion 2.
Complaint Procedure for Council Code of Conduct
ADM 070-001
Page 7 of 11
97
08.02 If an .inquiry is terminated the Integrity Commissioner shall not commence
another inquiry in respect of the matter unless, within six (6) weeks after
voting day in a regular election, as set out in Section 5 of the Municipal
Elections Act, 1996, the person or entity who made the request or the
Member whose conduct is the subject matter of the request, makes a
written request to the Integrity Commissioner that the inquiry be
commenced. No inquiry respecting a former Member may be commenced.
08.03 Between Nomination Day and Voting Day in a regular election:
a) There shall be no requests for an inquiry, and the Integrity
Commissioner shall not accept any requests for an inquiry, respecting
. whether a Member has contravened the Code of Conduct;
b) The Integrity Commissioner shall not report to Council on whether a
Member has contravened the Code of Conduct or the Municipal
Conflict of Interest Act; and,
a}c) Council shall not consider whether to impose penalties on a
Member.
089 Recommendation Report
089.01 The Integrity Commissioner shall report to the complainant on and the
Member generally no later than 90 days after the receipt of the
Complaint Form . If the investigation process
takes requires more than 90 days, the Integrity Commissioner shall
provide an interim report and must advise the parties of the date that
the report will be available.
089.02 Where the complaint is sustained in whole or in part, the Integrity
Commissioner shall report to Council outlining the findings, the terms of
any settlement, or recommended corrective action. Where the complaint
is not sustained, the Integrity Commissioner shall report to Council the
result of the investigation.
089.03
contravened the code of conduct:
reprimand the Member;
Complaint Procedure for Council Code of Conduct
• Kaki 070-001
Page 8 of 11
08.04 09.04 If upon completion of the investigation the Integrity
Commissioner determines that there has been no contravention of the
Code of Conduct or that a contravention occurred although -but the
Member took all reasonable measures to prevent it, or that a -the
contravention occurred that was trivial or committed through
inadvertence or an error of judgment made in good faith, the Integrity
Commissioner may so state in the report and may make appropriate
recommendations pursuant to the Municipal Act. • -
0809.0505 The City Clerk shall give a copy of the report to the complainant
and to the Member whose conduct is concerned.
1009 No Appeal of Integrity Commissioner's. Decision
CeuncillThere is no appeal form the decision of the Integrity Commissioners
Committee of the Wholo
11 Report to Council
Upon receipt of a report, the Clerk shall process the report for the next meeting of
Council.
Complaint Procedure for Council Code of Conduct
ADM 070-001
Page 9 of 11
99
142 Duty of Council
Council shall consider and respond to the report within 45 days after the day the
report is presented to it. This time period may be extended by the length of any
intervening summer hiatus.
123 Public Disclosure
4213.01 The Integrity Commissioner and every person acting under his or her
jurisdiction shall preserve confidentiality where appropriate and where
this does not interfere with the course of any investigation, except as
required by law and as required by, this sComplaint protocolProcedure.
4213.02 At the time of the Integrity Commissioner's report to Council, and as
between the parties, the identity of a complainant and the identity of the
person who is the subject of the complaint shall not be treated as
confidential information.
413.03 All reports from the Integrity Commissioner to Council will be made
available to the public.
134 Code Prevails
The purpose of this Procedure is to provide guidance for the use of the Code of
Conduct. In the event of any conflict between the provisions of this Procedure
and the provisions of the Code of Conduct, the Code of Conduct prevails.
15 Request for Inquiry under the Municipal Conflict of Interest Act
15.01 An elector, or any person demonstrably acting in the public interest may
apply in writing to the Integrity Commissioner for an inquiry to be carried
out concerning an alleged contravention of sections 5, 5.1 or 5.2 of the
Municipal Conflict of Interest Act. All requests shall be forwarded to the
City Clerk and shall be:
a) made in writing using the City's Application for Inquiry — Alleged
Contravention of the Municipal Conflict of Interest Act Form 'Appendix 3)
and shall be dated and signed by the person making the inquiry;
b) the Inquiry must include an explanation as to why the issue raised may be
a contravention of the applicable sections of the Municipal Conflict of
Interest Act and any evidence in support of the allegation must be
included with the Inquiry Form;
c) the Inquiry Form must include the name of the member alleged to have
breached the Municipal Conflict of Interest Act, and any other information
as required on the Form;
Complaint Procedure for Council Code of Conduct Page 10 of 11
Agit 070-001
d) the Request for Inquiry shall be provided to the Integrity Commissioner
who will conduct any such inquiries he/she considers necessary; and
e) the Inquiry must be submitted no later than six (6) weeks from the date in
which the applicant became aware of the alleged contravention, unless
both of the following are satisfied:
a. The applicant.became aware of the alleged contravention within the
period of time starting six weeks before nomination day for a
regular election, as set out in section 31 of the Municipal Elections
Act, and ending on voting day in a regular election, as set out in
section 5 of that Act; and,
b. The applicant makes application within six weeks after the day after
voting day in a regular election.
15.02 The city Clerk shall forward all requests.for inquiry to the Integrity
Commissioner who will proceed with reviewing the allegation;
15.03 The Integrity Commissioner may request additional information from the
applicant, the municipality, or may conduct a public meeting as he/she
believes necessary to investigate the inquiry.
.15.04 The Integrity Commissioner shall complete the inquiry within 180 days
after receiving the completed application.
15.05 A Complainant may at any time abandon a Complaint, provided in the
judgement of the Integrity Commissioner, the matter does not warrant an
application to the courts.
Complaint Procedure for Council Code of Conduct
ADM 070-001
. Page 11 of 11
101
The Corporation of the City of Pickering
By -Law No. xxxx/19
Attachment # 3 to CLK 02-19
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
enacted By-law 7665/18 to govern the proceedings of Council and its committees; and,
And Whereas Section 5 (1) of the Municipal Conflict of interest Act, 1990 provides that where a
member has any pecuniary interest, direct or indirect, in any matter and is present at a meeting
of the Council or local board at which the matter is the subject of consideration, the member •
shall disclose the interest and the general nature thereof;
And Whereas Section 5 (2) of the Municipal Conflict of Interest Act, 1990 further provides that
where a meeting is not open to the public, in addition to complying with the provisions of
Section 5 (1), the member shall leave the meeting or the part of the meeting during which the
matter is under consideration;
And Whereas changes to the Municipal Conflict of Interest Act, 1990 through Bill 68,
Modernizing Ontario's Municipal Legislation Act, 2017, provides an exception to Section 5 (2)
if the matter under consideration is to consider whether to suspend the remuneration paid to
the Member under subsection 223.4 (5) or (6) of the Municipal Act, 2001;
And Whereas in order to comply with these provisions 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 be added as Item 06.03 to By-law 7665/18 and the remaining items
contained in the By-law renumbered accordingly:
06.03 Notwithstanding Section 06.02, if the matter under consideration pertains to whether to
suspend the remuneration paid to the member under subsection 223.4 (5) or (6) of the
Municipal Act, 2001, the member may take part in the discussion of the matter,
including making submissions to Council or the local board, as the case may be, and
may attempt to influence the voting on any question in respect of the matter, whether
before, during or after the meeting. However, the member is not permitted to vote on
any question in respect of the matter. In the case of a meeting that is not open to the
public, the member may attend the meeting or part of the meeting during which this
matter is under consideration.
By-law passed this 25th day of March, 2019.
102
David Ryan, Mayor
Susan Cassel
City Clerk
Attachment #4 to Report CLK 02-19
Integrity Commissioner 1
2017 Annual Report
Integrity Commissioner for Durham Region
and Brock, Clarington, Oshawa, Pickering,
Scugog, Uxbridge and Whitby.
Annual Report
1. Introduction
I was appointed as Integrity Commissioner for the Regional Municipality of Durham and
its local municipalities pursuant to the following by-laws2 effective the following dates:
Muncipality
By -Law No.
Date Passed
Effective Date
Regional Municipality
of Durham
58-2016
Dec. 14, 2016
Jan. 1, 2017
Township of Brock
2715 -2017 -AP
Jan. 16, 2017
Jan. 1, 2017
Municipality of
Clarington
2017-019
Feb. 27, 2017
Feb. 28, 2017
City of Oshawa
45-2018
April 30, 2018
April 30, 2018
City of Pickering
7538/17
Jan.16, 2017
Jan. 1, 2017
Township of Scugog
15-17
March 6, 2017
Jan. 1, 2017
Township of Uxbridge
2017-085
June 26, 2017
June 26, 2017
Town of Whitby
7234-17
Feb. 21, 2017
Feb. 21, 2017
In appointing me all of the local municipalities relied on the Region's Request for
Proposal 1042A-2016. Consequently, it makes sense for me to present a joint annual
report. However, the different effective dates mean that I have not served each
municipality for the same length of time. For the sake of consistency, I propose to issue
reports on a calendar year basis. This report covers calendar year 2017.
The Town of Ajax has not appointed me as its Integrity Commissioner and is not
covered by this report. The City of Oshawa did not appoint me until 2018 and, therefore,
is not covered in this report.
The responsibilities of the Integrity Commissioner include: providing information and
advice to councils and members of council on codes of conduct and the issues arising
Because it did not appoint me until 2018, Oshawa is not covered by this annual report.
2 Each municipality has adopted its own Code of Conduct for Members of Council and separately
appointed me as Integrity Commissioner under section 223.3 of the Municipal Act, 2001.
Integrity Commissioner 2017 Annual Report
103
Integrity Commissioner 2
2417 Annual Report
under them; providing advice to councils on other policies and procedures that relate to
the ethical behaviour of members; providing information to the public on codes of
conduct and the obligations of members under the codes; submitting an annual report to
each council; and conducting independent investigations of complaints alleging that a
code of conduct has been contravened.
2. Guidance and Advice
While the Integrity Commissioner's independent investigative role is extremely
important, it has been observed that the investigation of potential contraventions is a
last resort. Ideally, members should act ethically and in compliance with codes so that
a. contravention never occurs. To this end, the Integrity Commission plays a vital
"proactive" role, providing advice and guidance to promote ethical compliance across
the Region and the local municipalities.
2.1 Confidential Guidance
One of the Integrity Commissioner's roles is to provide confidential guidance to
individual members of councils. While all members of councils are encouraged to reach
out to the Integrity Commissioner, some seek guidance while others do not.
In 2017 I provided guidance to three different council members from two local
municipalities.
It is important that members be able to rely on advice received from the Integrity
Commissioner. While I consider myself to be`always bound by advice that I provide to a
member, in the interest of transparency and certainty that principle should be enshrined
in each code of conduct. For example, Toronto includes the following provision in its
code of conduct:
"Any written advice given by the Integrity Commissioner to a member binds the
Integrity Commissioner in any subsequent consideration of the conduct of the
member in the same matter as long as all the relevant facts known to the
member were disclosed to the Integrity Commissioner."
I recommend that Regional Council and local councils amend their codes to include a
similar provision.
I also provided guidance to the administration of some municiapalities:
• I provided guidance to three municipalities on amendments to their council codes
of conduct.
• 1 provided guidance to a municipality on its employee code of coduct:
• I provided guidance to a municipality on the application of its employee code of
conduct to a particular situation.
Integrity Commissioner 2017 Annual Report
104
Integrity Commissioner 3
2017 Annual Report
• I provided guidance to several municipalities on the portions of Bill 68, the
Modernizing Ontario's Municipal Legislation Act, 2017, related to codes of
conduct, integrity commissioners and the Municipal Conflict of Interest Act.
3. Internal Outreach, Education and Training
During 2017 I conducted the following internal outreach, education and training:
• Monday, October 16: Town of Whitby Council Education and Training Session
4. Complaints and Investigations
An important component of the Integrity Commissioner's role is to receive complaints
(from councils, members of councils and members of the public) and to conduct
independent investigations to determine whether contraventions have occurred. In the
event of a contravention the Integrity Commissioner makes a penalty recommendation
(reprimand or suspension of up to 90 days' pay) to council and council has sole
responsibility to decide whether the penalty should be imposed.
Not all complaints are investigated. Some complaints relate to rules and laws (e.g.,
Municipal Freedom of Information and Protection of Privacy Act) other than the Code of
Conduct. Some complaints fail to contain sufficient grounds to investigate. The
Integrity Commissioner may also decline to investigate if a complaint appears to be
frivolous, vexatious or made in bad faith.
I issued a total of three investigation reports covering complaints received in 2017. Two
of those investigation reports were issued in 2018.
Muncipality
Investigation
Reports
Contravention
Found
No Finding of
Contravention
Regional Municipality
of Durham
2
0
2
Township of Brock
0
0
0
Municipality of
Clarington
0
0
0
City of Pickering
0
0
0
Township of Scuo9
1
0
1
Township of Uxbridge
0
0
0
Town of Whitby
0
0
0
Integrity Commissioner
2017 Annual Report
105
Integrity Commissioner 4
2017 Annual Report
5. Public Outreach
Another important role is to provide information to the public about codes of conduct
and the obligations of members under the codes. This involves direct contact with
members of the public and on occasion with the news media.
While accessibility to the public is an essential aspect of my role, there are certain
boundaries that I do not cross:
• I cannot assist anyone to draft a complaint against a member. I limit my role to
sending out copies of the Code of Conduct and the Complaint Protocol.
• While I can give general information about the Code to the news media and
public, I cannot comment on specific cases, real or hypothetical. (For example,
will not answer "Would it be appropriate for Councillor X to do Y?" or "Did
Councillor A contravene the Code by doing B?") The only individuals to whom I
provide specific advice in individual cases are the individual councillors.
• Similarly, I will not give advice to one member of a council concerning the
conduct of another member of a council.
• I will not comment to the news media on the conduct of an ongoing investigation,
nor even whether an investigation is occurring. Once a report to council is
submitted, I let the report speak for itself and will not answer news media
questions about it. An exception is made if a council instructs me to, explain my
report to. the media.
• If a news media inquiry were to relate to a municipal program or service, then I
would refer the journalist to the appropriate municipal spokesperson.
6. Recommended Code of Conduct Amendments
In my experience, it is not always obvious upon initial review of a Complaint that there
are insufficient grounds for an investigation. Sometimes this becomes apparent only
after an investigation has commenced and the Integrity Commissioner has the
opportunity to consider not just the Complaint but also the Response and the
Complainant's Reply.
In Durham Region Report 2017-02, I recommended that the Region's Complaint
Procedure be amended to confirm that the Integrity Commissioner has the discretion to
discontinue an investigation at any point. Specifically, I recommended that the Region's
Complaint Procedure be amended by replacing section 4 in its entirety:
Current:
4. Refusal to Conduct an Investigation
4.1 If upon review of a Complaint, the Integrity Commissioner is of the opinion that
the Complaint is frivolous, vexatious or not made in good faith, or that there are
no or insufficient grounds for an investigation, the Integrity Commissioner will riot
conduct an investigation and shall communicate this position in writing to the
Integrity Commissioner 2017 Annual Report
106
Integrity Commissioner 5
2017 Annual Report
Complainant and the member identified in the Complaint Form/Affidavit. The
Integrity Commissioner is under no obligation to prepare a report for any matters
that he or she summarily dismisses or determines not to investigate.
Recommended:
4. Refusal to Conduct an Investigation / Discontinuance of Investigation
4.1 If upon review of a Complaint, or at any time during an investigation, the Integrity
Commissioner is of the opinion that the Complaint is frivolous,vexatious or not
made in .good faith, or that there are no or insufficient grounds for an
investigation, the Integrity Commissioner shall not conduct an investigation or
shall discontinue the investigation and shall communicate this position in writing
to the Complainant and the member identified in the Complaint Form/Affidavit.
The Integrity Commissioner is under no obligation to prepare a report for any
matters that he or she summarily dismisses or determines not to investigate or
after an investigation is discontinued.
Respectfully submitted,
4
Guy iorno
Integrity Commissioner
Regional Municipality of Durham
Township of Brock
Municipality of Clarington
City of Pickering
Township -of Scugog
Township of Uxbridge
Town of Whitby
June 26, 2018
Integrity Commissioner 2017 Annual Report
107
Attachment # 5 to CLK 02-19
Draft Consistent Code of Conduct Language on Gifts and Benefits
Proposed Text
Comments
Definitions
"Child" means a child born within or ,outside marriage and includes an
adopted child and a person whom a parent has demonstrated a settled
intention to treat as a child of his or her family
"Parent" means a person who has demonstrated a settled intention to
treat a child as a part of his or her family
"Spouse" means a person to whom a person is married or with whom
the person is living in a conjugal relationship outside marriage.
These are current definitions in Municipal Conflict
of Interest Act,
The proposed text does not include at the end of
the "parent" definition these words found in some
of the codes: "whether or not that person is the
natural parent of the child." These additional words
are not in the MCIA and probably are superfluous.
On the other hand, there would be no material
impact if a municipality chose to keep these
additional words in its "parent" definition.
"Gift or Benefit" means anything of value including but not limited to
cash or monetary equivalent, fee, object �f value, service, meal, travel,
accommodation or entertainment.
•
Section: Gifts and Benefits
-
.1 Gift or Benefit to Member's Spouse Child or Parent
A Gift or Benefit to a Member's Spouse, Child or Parent that is
connected directly or indirectly to the performance of the Member's
duties is deemed to be a Gift or Benefit to the Member if provided with
the Member's knowledge or solicited by the Member.
Optional (but recommended by Integrity
Commissioner)
-2
Proposed Text
Comments
.2 General Rule on Gifts and Benefits -
A Member shall not solicit or accept any Gift or Benefit that:
(a) is intended to influence, might influence, or could reasonably be
perceived that it might'influence or is intended to influence, the Member
in the performance of the Member's duties as an elected official; or
(b) is intended, or could reasonably be perceived that it is intended, as a
reward for any action or impending action by the Member.
If optional section .1 is not selected, then this
section would be numbered .1.
A few codes currently have a section such as the
following: "There shall be no solicitation of gifts
and/or benefits in recognition of the fulfillment of
the Member's official duties." The word "solicit" in
the first line of the proposed text.would have the
same effect. Nonetheless, if a municipality wanted
to retain an additional There shall be no
solicitation" statement then this would have no
adverse effect.
.3 Exceptions
Despite paragraph .2, a Member may accept the following:
(a) A political contribution offered, accepted and reported in accordance
with applicable law.
(b) Food or beverage, of reasonable value, at a banquet, reception,
ceremony or similar event that the Member attends for a legitimate
municipal purpose.
(c) A Gift or Benefit that is received as an incident of protocol or social
obligation that normally and reasonably accompanies the
responsibilities of office.
(d) A token gift such as a souvenir, memento or commemorative gift that
is given in recognition of service on a committee, for speaking at an
event, or for representing the Municipality at an event.
(e) A communication to the office of a Member, including a subscription
to a newspaper or periodical.
3
Proposed Text
Comments
(f) A service provided by a person volunteering time without
compensation.
(g) Food, lodging, transportation or entertainment lawfully provided by a
government (federal, provincial, local or foreign) or government agency,
or by a not-for-profit organization whose members are governments or
government agencies (examples of such a not-for-profit organization
include the Canadian Association of Nuclear Host Communities and the
Federation of Canadian Municipalities).
.
(h) Food, lodging, transportation or entertainment lawfully provided by
the organizer of a conference, seminar, charity fundraiser, reception,
ceremony, cultural event, sporting event, business, or political event
where the Member is speaking or attending in an official capacity.
(i) An invitation from and at the expense of a private third party to
attend a conference, seminar, charity fundraiser, reception, ceremony,
cultural event or other similar event within the Municipality where the
proceeds raised are to support a not-for-profit or charity organization.
OR
(i) An invitation from and at the expense of a private third party to
attend a conference, seminar, charity fundraiser, reception, ceremony,
cultural event or other similar event within the Municipality where the
proceeds raised are to support a not-for-profit or charity organization
provided that the Member is not lobbied at the event.
The last ten words of the second option do not
appear in the first option.
Both options are recommended by the Integrity
Commissioner but the integrity Commissioner
prefers the second option.
The Integrity Commissioner also recommends that
o
this provides foexcepti transparency included only if the rCose e)alof
for (that is, disclosure) of
such a Gift or Benefit. See paragraph .6.
Note that the second option includes the word
"lobbied" which is not a defined term. In the
absence of a definition in the Code, the Integrity
Commissioner would interpret what "lobbied"
means.
Proposed Text
Comments
(j) Reimbursement of a reasonable expense incurred, or an honorarium
received, in the performance of activities connected with a public
authority, or a municipal association, agency, board or corporation,
including a corporation of which the Municipality is a shareholder or
member.
(k) A sponsorship or donation for a community event organized or run
by a Member, or a third party on behalf of a Member, subject to the
limitations set out in any applicable policy of the Municipality.
Optional.
The Integrity Commissioner recommends that this
exception be included only if the Code also
provides for transparency (that is, disclosure) of
such a Gift or Benefit. See paragraph .6.
(1) Compensation authorized by Council or law.
.4 Solicitation •
This section does not preclude a Member from soliciting funds or
donations in support of a charitable or philanthropic cause, organization,
or charity provided that all funds or donations are provided directly by the
donor(s) to the recipient organization or charity.
Optional.
.5 Maximum Acceptable Value
Despite anything else in this Code, a Member shall not accept a Gift or
Benefit of value greater than $500 and shall not accept from a single
source during a 12 -month period Gifts and/Benefits of total value greater
than $500. This dollar -limit does not apply to an item described in
paragraph (a), (g), (h), (j) or (I) of paragraph .3.
Optional
5
Proposed Text
Comments
.6 Public Disclosure
Optional.
(a) A Member who receives Gift or Benefit of value greater than $200 or
receives from a single source during a 12 -month period Gifts and/Benefits
of total value greater than $200 shall within 30 days of receipt file a
Recommended by Integrity Commissioner.
Dollar value less than $200 may be substituted.
Disclosure Statement with the Clerk.
(b) No Disclosure Statement is required for .an item described in
paragraph (a), (b), (f), or (I) of paragraph .3.
(c) The Disclosure Statement shall set out:
Limit greater than $200 not recommended.
(i) Nature of Gift or Benefit
(ii) Source
(iii) Date of receipt
(iv) Circumstances under which Gift or Benefit was given and
received •
(v) Estimated value
(vi) What the recipient intends to do with Gift or Benefit
(vii) Whether Gift or Benefit will at some point be provided to the
municipality
(d) Every Disclosure Statement shall be made a public record and posted
on the Municipality's Website.
6
Proposed Text
Comments
.7 No Gifts or Benefits from Lobbyists
•
Optional.
-
Despite paragraph .3, a Member may not accept any Gift or Benefit
from a Lobbyist.
"Lobbyist" means any individual, except an individual acting without
compensation or expectation of compensation and an individual acting
on the individual's own behalf, who communicates with a Member in an
attempt to influence a decision (including a future decision) of the
Municipality, of Council, or of a committee of Council. "Lobbyist" also
includes an entity that engages or employs a Lobbyist.
.8 Recommendations of Integrity Commissioner and Authority of
Recommended by Integrity Commissioner.
Council
Under this proposed Gifts and Benefits section, the
In a report on a Complaint that relates to a Gift or Benefit, in addition to
Integrity Commissioner would play a role only in
the range of recommendations. otherwise provided under this Code, the
response to a complaint. The text at left is
Integrity Commissioner may recommend, and upon consideration of the
recommended to ensure that the Integrity
Integrity Commissioner's report the Council, in addition to its other
Commissioner may make recommendations, and
powers under this Code, may impose, one or more of the following
Council m imposedesofaGift remedies,r that are suited to
remedies:
•
(a) That the Member be directed to return the Gift or Benefit.
(b) That the Member be.directed to reimburse the donor for the value of
a Gift or Benefit already consumed.
(c) That the Member forfeit the Gift or Benefit to the Municipality.
(d) That the Member be directed to remit to the Municipality the value of
a Gift or Benefit already consumed.
staake
the circumstances of a or Benefit.
Attachment # 6 to CLK 02-19
The Corporation of the City of Pickering
By-law No. xxxx/19
Being a by-law to confirm the appointment of Guy W.
Giorno as the Integrity Commissioner for the City of
Pickering
Whereas Section 8 of the Municipal Act 2001 S.O. c. 25 provides in part that a
municipality has the capacity, rights, powers and privileges of a natural person for the
purpose of exercising authority;
And Whereas Section 223.3 to 223.8 of the Municipal Act, 2001, provides that an
Integrity Commissioner has certain powers and protections during investigations;
And Whereas, Council of the City of Pickering adopted Code of Conduct Policy ADM
070 on March 26, 2012 and adopted a revised Policy on March 25, 2019;
And Whereas Council entered into an agreement with Faskin Martineau Dumoulin LLP
on February 14, 2017 to provide Integrity Commissioner Services to the City;
And Whereas changes to the Municipal Act, 2001 and the Municipal Conflict of Interest
Act, 1990 through Bill 68, Modernizing Ontario's Municipal Legislation Act, 2017, have
expanded the role of the Integrity Commissioner;
And Whereas Council wishes to amend the agreement with Faskin Martineau Dumoulin
to include the additional responsibilities as outlined in the Municipal Act and Municipal
Conflict of Interest Act effective March 1, 2019.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. That an original agreement with Fasken Martineau Dumoulin LLP for the
appointment of Guy W. Giorno as the Integrity Commissioner for the City of
Pickering was executed on February 14,'2017 (the Agreement) on such terms and
conditions as were presented in the Region of Durham's Request For Proposals,
and the parties are executing an Amending Agreement to meet the legislative
change requirements coming into effect on March 1, 2019 as a result of Bill 68
amendments to the Municipal Act and the Municipal Conflict of Interest Act.
2. That outside of the terms of the amending agreement, that all other terms and
conditions of the original agreement, including the duration of the original
agreement remain the same, being the term which had commenced on January
1, 2017 and will continue through to the end of this current term of Council on
November 14, 2022.
3. That the agreement with Fasken Martineau Dumoulin LLP and Guy W. Giorno as
the City's Integrity Commissioner provide the following roles and services:
Role:
114
By-law No. xxxx/19 Page 2
The role of the Regional Integrity Commissioner is:
a)
The application of the Code of Conduct for Members of Council and for
members of local boards.
b) The application of any procedures, rules and policies of the City and local
boards governing the ethical behavior of Members of Council and local boards.
c) The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest
Act to Members of Council and local boards.
d) Respond to requests from Members of Council and of local boards for advice
respecting their obligations under the Code of Conduct applicable to the
member.
e) Respond to requests from Members of Council and of local boards for advice
respecting their obligations under a.procedure, rule or policy of the City or of a
local board, governing the ethical behaviour of members.
f) Respond to requests from Members of Council and of local boards for advice
respecting their obligations under the Municipal Conflict of Interest Act. .
g)
Provide educational information to Members of Council and local boards.
Duties:
The Integrity Commissioner shall cause to perform, in an independent manner, the
functions of an Integrity Commissioner pursuant to Part V.1 of the Municipal Act, 2001
with respect to the application of the Code of Conduct for Members of Council of the
City of Pickering, including any legislation, procedures, rules and policies of the City
governing the ethical behaviour of the Members of Council. The mandate of the
Integrity Commissioner will include:
a) Provisions of advice and education upon request by a Member of Council or by
Council as a whole, regarding ethical obligations and responsibilities under
their Code of Conduct, and any other legislation, rules or policies governing
their ethical behaviour; and
b) Receiving, assessing and investigating where appropriate, complaints made by
Council, a member of Council, a member of staff, or a member of the public
respecting an alleged breach of the Code of Conduct for the .Members of
Council of the City of Pickering through the provisions of the Code of Conduct
and the Complaint Procedure.
c) Receiving, assessing and conducting an inquiry, where appropriate, with
respect to requests for inquiry made by an elector or a person demonstrably
acting in the public interest concerning an alleged contravention of section 5,
5.1 or 5.2 of the Municipal Conflict of Interest Act.
115
d) Giving advice on policy issues and the workings of the Integrity Commissioner's
office.
e) All advice being provided in writing in accordance to the requirements of s.
223.3(2.2)
Reporting to Council:
a) The Integrity Commissioner will report directly to Pickering Council with a report
containing the results of investigations and one annual report summarizing the
year's activities, observations and any resulting general recommendations.
b) The Integrity Commissioner may recommend that Council impose penalties in
accordance with the Municipal Act, 2001 if in the opinion of the Regional
Integrity Commissioner, a Member of Council has contravened the Code of
Conduct.
Other General Provisions:
a) That should the Integrity Commissioner conduct an investigation or provide any
other service, it shall do so in accordance with the terms and conditions of the
Agreement executed between it and the City of Pickering and shall adhere to
all applicable laws, applicable statutes and established City policies.
b) That should the City of Pickering desire any further services from the Integrity
Commissioner outside what is outlined in this by-law, the Integrity
Commissioner may oblige in providing such other services, so _long as City
Council has passed a resolution to authorize the Integrity Commissioner to
provide such other service. If authorized to do so, the Integrity Commissioner
will charge their hourly fee in accordance with the Agreement for such other
services.
c) That all services provided by the Integrity Commissioner conform to all the
statutory requirements of s. 223.3 to.223.8 of the Municipal Act S.O., 2001.
By-law.7538/17 is hereby repealed effective March 1, 2019.
By-law passed this 25th day of March, 2019.
116
David Ryan, Mayor
Susan Cassel, City Clerk
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Appendix 1 to ADM 070-001
Council Code of Conduct
Formal Complaint Form
Applicant Information:
Full Name:
Address:
Phone:
Email:
I, (insert full name), of the City of Pickering, in the Province
of Ontario, have personal knowledge of the facts set out in this Complaint Form because:
I have reasonable and probable grounds to believe that a member of Pickering City Council namely:
(insert name of Member), has contravened
section(s)
of the Council Code of Conduct for the City �f Pickering. The particulars of which are as follows:
[Set out the statements of facts in consecutively numbered paragraphs in the space provided below,
with each paragraph being confined as far as possible to a particular statement of fact. If you require
more space, use the attached Schedule A]
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Council Code of Conduct
Formal Complaint Form
Names and Contact Information of any Witnesses:
1.
2.
3.
4.
5.
6.
Please read the following before signing:
If the Integrity Commissioner launches an inquiry into the complaint, the content of this form, including the
Applicant's identity, may be shared with the Member who is the subject of the complaint. At the end of the
inquiry the Integrity Commissioner may issue a public report that includes. information about the complaint,
including the identities of the parties involved. Only sign this complaint form if you understand and accept
the potential for disclosure of your identity and the information provided.
I the undersigned, request that this matter be reviewed by the Integrity Commissioner for the City of
Pickering:
Signature of Applicant •
Date
Personal Information on this form is collected pursuant to the Municipal Freedom of Information and
Protection of Privacy Act and will be used to review, assess and potentially investigate the details of the
complaint. Any questions related to the collection of this information should be directed to the City Clerk,
Ones Esplanade, Pickering, ON, L1V 6K7, 905.420.4611.
Page 2 of 3
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Council Code of Conduct
Formal Complaint Form
Schedule A — Continued Information
Code of Conduct Complaint Form of
Applicant)
(insert name of
Signature of Applicant
Date
Personal Information on this form is collected pursuant to the Municipal Freedom of Information and
Protection of Privacy Act and will be used to review, assess and potentially investigate the details of the
complaint. Any questions related to the collection of this information should be directed to the City Clerk,
One The Esplanade, Pickering, ON, L1 V 6K7, 905.420.4611. 1 1 9
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Appendix 2 to ADM 070-001
Council Member Disclosure Statement
Appendix 2 Policy ADM 070/Procedure ADM 070-001
1. Nature of Gift/Benefit received:
2. Source:
3. Date Received:
4. Circumstances under which the Gift/Benefit was given and received:
5. Estimated Value:
6. What does the recipient intend to do with the Gift/Benefit?
7. Will the Gift/Benefit at some point be given over to the municipality?
Member's Name:
Member's Signature:
120
Date
Cdj
PICKERING
Appendix 3 to ADM 070-001
Application for Inquiry
Alleged Contravention of the
Municipal Conflict of Interest Act
Applicant Information:
Full Name:
Address:
Phone:
Email:
Applicant is (check one):
❑ An elector in the City of Pickering
❑ An individual demonstrably acting in the public interest
❑ A corporation (including a municipality) demonstrably acting in the public interest
Where the Applicant is a corporation, please identify its authorized representative for purposes of this
application:
About the Allegation:
Name of the Member of Council who is the subject of the allegation (complete a separate form for each
Member who is the subject of an allegation):
The Applicant alleges that the Member contravened the following sections of the Municipal Conflict of
Interest Act (check all that apply):
❑ Section 5
❑ Section 5.1 ❑ Section 5.2
The following are the Applicant's reasons for believing that the Member has contravened the above
section(s) of the Municipal Conflict of Interest Act:
[Set out the statements of facts in consecutively numbered paragraphs in the space provided on
page 2, with each paragraph being confined as far as possible to a particular statement of fact. If you
require more space, use the attached Schedule A]
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Application for Inquiry
Alleged Contravention of the
Municipal Conflict of Interest Act
Reasons:
Please read the following before signing:
If the Integrity Commissioner launches an inquiry into an allegation, the content of this form, including the
Applicant's identity, may be shared with the Member who is the subject of the allegation. Information on
this form and information obtained during the inquiry, including the identities of the parties involved, may
be disclosed in the Integrity Commissioner's published reasons at the end of the inquiry and may be
disclosed in an application to the Superior Court. Only sign this application form if you understand and
accept the potential for disclosure of your identity and the information provided.
I the undersigned, make application to the Integrity Commissioner for the City of Pickering, for an inquiry
to be carried out concerning the alleged contravention as contained in this application:
Signature of Applicant
Date
Note: The statutory declaration on page 4 is a mandatory part of the application and required under
the Municipal Act. It must be declared before a person authorized to take declarations in Ontario
(including any Ontario lawyer).
Personal Information on this form is collected pursuant to the Municipal Freedom of Information and
Protection of Privacy Act and will be used to consider and potentially conduct an inquiry into the details of
the application. Any questions related to the collection of this information should be directed to the City
Clerk ,29ne The Esplanade, Pickering, ON, L1V 6K7, 905.420.4611.
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Application for Inquiry
Alleged Contravention of the
Municipal Conflict of Interest Act
Schedule A — Continued Information
Application for inquiry, alleged contravention of the Municipal Conflict of Interest Act
(insert name of applicant)
Signature of Applicant
Date
Personal Information on this form is collected pursuant to the Municipal Freedom of Information and
Protection of Privacy Act and will be used to consider and potentially conduct an inquiry into the details of
the application. Any questions related to the collection of this information should be directed to the City
Clerk, One The Esplanade, Pickering, ON, LIV 6K7, 905.420.4611.
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DECLARATION
Required by subsection 223.4.1 (6) of the Municipal Act, 2001
, (insert full name), of the
(city, town, etc.) of (specify
municipality) in the Province of (enter country if outside Ontario)
solemnly declare that:
1. 1 am the Applicant.
1. The Applicant is a corporation and I.am its authorized representative.
(Strike out the line above that does not apply and initial the striking out)
2. I attest to the fact that the Applicant became aware of the Member's alleged
contravention of the Municipal Conflict of Interest Act not more than six weeks
before today.
2. [In a municipal election year:] I attest to the fact that the Applicant became aware of
the Member's alleged contravention of the Municipal Conflict of Interest Act within
the period of time starting six weeks before the fourth Friday of July, and ending on
voting day.
(Strike out the paragraph above that does not apply and initial the striking out)
3. I make this solemn declaration conscientiously believing it to be true and knowing
that it is of the same force and effect as if made under oath.
DECLARED before me at the )
of 0 , )
This day of , 20 )
A Commissioner, etc.
124
Applicant or Representative
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