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Home My WebLink AboutCAO 19/19,�N�� • � � REPORT TO COUNCIL FROM: Thomes J. Quinn DATE: December 6,1999 Chief AdminisVative Officer REPORTNUMBER: CA019-99 SUBJECT; Grealer Toronto Scrvices Bonrd - Dispute Resolution Protocol - File: IG 31 t4 RECOMMENDATION: 1, Thnt Reporl to Council CAO 19-99 conceming u dispute rcsolution protocol for lhc areutcr Toronto Services Bonrd bc rcceived. 2. Thnt Report to Council CAO 19-99 bc fonvnrded to thc GTSD as lhe Town's comments on the praposcd dispute resolution protocol. ORIdIN: Grcntcr Toronto Scrvices Dourd request for commcnts on proposed disputc resolution protocol AUTHORITY; Mtiniclpal Acr Grealer Toronfo Servlccs QnurJ Acl f WANCIAL IMPLICAT[ONS: Not applicable EXECUTIVE SUMMARY: Thc GTSB is mandotcd to implement, upon rcqucst, a fncilitntion process for disputc resolution. In November, GTSB slnfT proposed n dispute rcsolution process for thc Board to considcr. Thc Donrd deferted considcrntion of the process, pending camments from member municipnlities. This Report to Council provides comments on the GTSB staff rccommcnded dispute resolution process. It is recommended that the Report be received nnd fonvarded to thc GTSB as the Town's commenls on lhe process, BACKGROUND; At its meeting Sn September, the Grenter Toronto Services Board (GTSB) considered n report from Lynn Morrow, Executive Dircctor, mcommending a 6TSB process for facilitating dispute resolution. The Bonrd defcrred considemtion of this matter, directing that thc report bc circulated ro nll member municipnlities for comment. Dispute resolution is one of the Board's mandated responsibilities under thc Grca�cr Taron�u SerWces lioard Act. Sectlon 23 of thut Act provides a discrctionary power for lhe GTSD ro fncilitate resolution of mauers of inter-municipal concem within the aTA, if mquested by an nffected municipality. 1f the subject of the d(spute is within the mandate of thc (3TSD, lhe Board shall esteblish a commiltee to henr the disputc and assist in rcsolv3ng it. �: - 169 • Rbpprt to Council CA019-99 Date: December 6, 1999 ' 1"f �ubject: Greater Toronto Serviccs Buard •- Dispute Resolution Protocol Pogc 2 Tha process for the dispute resalution prolocol as proposed by dTSB staff is atWchcd to this Report (see Atmchment No. I). Thc process is gencrully approprintc nnd reusonnblc, subject to certain clorifications, as outlined in the foliowing tuble. !t is rccommendcd thn► Council endorsc this Report as the Town's comments to the dTSE3 on the dispute rcsolution process. i. n mcmcer mumcipau[y may rcquest assistance GTSB nssistencc should only be providcd on o to resolve u dispute. request busis. 2. Thc GTSB will dererminc whether the mnttcr is The GTSD should only (acilitate mntters wilhir within its mendate. its legislnted mandute. 3. For mntters that full wilhin the mandnte o(the The Pnnel should not include members from GTSU, thc @onrd will establish a"Pnncl" ta any municipnliry lliat is party ta thc disputc. fncilitnte the disputc. 4. For mntters that full outside the mandete o(thc Thc GTSD should limit ils nssistance to issucs GTSB, thc Bonrd will dcterminc ifthc disputc is within ils Icgislntcd mundatc. onc in which thc GTSD can usefully or properly contributc to resolving ihc disputc. 5. The "Panel" should comprisc thc GTSU Thc Pancl should bc nculrul. Pnncl Mcmbers Chuirmnn, nnd the Chnirmnn of Ihe relcvnnt shauld not bc rcprescntntives of uny of thc Bourd committcc, as wcll as such othcr ponrd municipnlitics who arc n party to thc disputc. members as arc rcqufrcd to ensure knowlcdge and understnnding of the malter anJ to rcOcct a GTA perspcetive; no morc thun 310 5 members prcfcrnblc. 6. The Pnnel mny engoge a professionol fncililnlor / The professional (ncilitntor / mcdialor should mediator or athcr extcmal expcAisc; Aic GTSD bc impartinl, ond ogrced to by thc dispuling will pay 50%of Ihc cast md thc disputing partics partics. The full cost of thc professionnl will equally share thc rcmaining 50°/a oflhc cost. fncililatorl mcdintor should bc 6omc cyually bythedis uting artics. 7. 71ie Pnncl shnll begin by identifying thc pnAics This should 6c dane at thc outscl. Iftlic parties ro thc disputc and cslnblishing thcir willingncss nre not willing, lhc proccss s6ould not procccd. to paAicipatc. 8. All pnrticipulion is voluntnry; pnrtics may Involvcmcnl and withdmwal Gom Ihc process disconlinue their involvemcnt withoW shoald be confirtncd in writing. As well, conscquence, should the proccss bc nbundoneJ, ony casts incurrcd to thut point in thc process should 6c bomc by thc disputing aAics. 9. All parties must agrce they are participnting Agrcc. As wcll, the Jisputc resolution "wilhout prcjudicc" and thnt stntemcnts madc discussions should rcmnin confidcnlial until an during the process cannot bc used in subscquent ngrcemcnt is rcachcd nnd endarsed by Ihe uctions. rcspective paAies. 10. Once the purlics arc identificd, the Penel will Agree. cstnblish nnd get agrcement on the fssucs. I I. 71ie Pnnel will, if necessnry, propase and Agrce. Thc Icrtns and conditions should establish ngrcement on tha process for Ihe include timclines for dcaling wilh the dispute. fecilitation (i,e, tcrtns nnd conditions). 12. / 13. The Pnncl will Ihen makc u proliminary Agree, nithough confidentiality must be report to the Ooard on the pnAics, issues, process respccted. end time Game; ond from timc to time will report to the Board on progrcss. 14. If n complete resolution is not achicved, the Agrce. Panel may u4empt to get the pudies lo agrce on n pnrtial scttlement, or n nnrrowing of the issucs. I5, Any ogreement reached will bo acknowlcdged in Agrce, rccognizing that thc Minulcs of n"Minutes of SettlemenP' signed by all paAtes. Scttlemcnt must be endorscd by Ihc rcspcctivc munici nl councils. 16. 7'ho Pancl will makc a finnl rc rt to thc Doard Agrcc. 17. If the fecllitniton prceess is not concludcd by the Agrcc, providing a mechnnism cxists for prescribed time, lhe Panel must scek and securc suspending the dispute rcsolution, in the event en extension from the Board. insuf(icicnt progrcss is bcinR made. •� R'eppd to Councll CA019-99 Date; December G,1999 , Subject: areater Toronto Services Board •- Dispute Resolution Protocnl Pagc 3 _. lt should also be noted that Durham Regional Council recently also commented on the GTSE3's proposed disputa resolution protocal. Im m�king ihese comments, thc Region rccommcnded that tha process be bused on eight "principics" as follows: • Voluntury pnrlicipation • Infotmnl and cooperativc approach • Neutrnl panel • Professional mediation • Canfidentiulity � No duplication with othcr dispute resolution processes • Time limited . Generic process Thc Town's comments are consistent with thesc principles, and thc othcr commcnts provided by Rcgionnl Council. ATTACHMENTS: 1. Proposed GTSD Protocol for Pacilitating Dispwc Resolution Prcptued Dy; Approved / GndorscJ Dy: e Thomas G My ymuk Corpomte Projecls and Policy Division Hcad TM: Altnchments r ' iomas 1. Qui m Chicf Administrotivc Officer Recommcnded for the considcrntion of Pickering Town Council ,� . ,� � �. o us ]. inn, hic inistmti e 0 �cer � � �:4�pOn.mo � . � . �. .. . � � . . 171 , �: : , ,Z%?_ . ATTACHMENTNLTOREPORTq CA0/9•9�' 6 Appendix A GTSB PROTOCOL FOR PACILITATING DISPUTE [2ESOLUTION 1. A member municipaliry may requesc the Boud to usis� in the resolution of conElicts. 2. The G'I'SB determines whether it is a mattcr thu falls within its mandate or not ;1. For all of those macccrs thac lall within its mandue the GT3B establ�shes a panel of mcmber(s) of thc Uoard in order co faciliate s resolution oC�he dispute (the •,Panel"). 4. For all of thuse mattors thac fall ou�sidc of che mandate of the GTSB the GTSB �vill review tlu rcquest to dctcrmine if tl�e dispute is one in which thc GTSB can usefully or properly contribute co chr, resolu�ion of thc dispuce through ics facilitation services. ICthe GTSB finds that it tvuuld bc useful and proper to faciliu�te a resolution to thc disputc then it will escablish a pancl of rncmbcr(s) of tl�c Eioard in order to fatilitatc a resolution of the dispucc. 5. 7'he Pand will comprise Chairman Tonks and the Chairman of thc rcicvant Board committee (eg. in the case ��fa eransic intcr,raeion mattcr this would be thc co-thairs of the Transportacion Committce), as �ecll �s such oeher B�:�ard mcmbers �s are rcquircd to ensurc {;nowledge and understanding of the mattcr in dispute and ro rc0ect a GTA-wide perspective, while recognizing [hac a panel of no more than threc to f ve membcrs is prcCerablc. 6. The Panel may engage a professional facili�ator(s)/mediator(s) or such odur e��emal aeper�ise as may be dcemed appropriate to assist it in facilitating thc resolution of tlu dispute. (5hould emernal e:cpertise bc reqiiired chc GTSB will pay 5094, oCthe cost and the disputing panies will cqually share the remaining 50°ti.) 7. Thc Panel shall begin by identifying the parties ro the dispuce and eswolishing their willingttess ro participate in che facilication process. 8. All participation in tha facilication proccss is voluntary, parcies may discontinuc their involvemone in the process at any time wi�houeconsequence. _a:.• .za ,, .., i':� `�� ' � . a t �`:: ( y � � /.`: �. ^ r. , � :. . r . . . �, . . ' . . . . , . . . . .. � � • . � 9. ..Nl parties to the f�ciliwtion process must agree, as a condition of panicipuing, that they are pucitipating in ehe process on a"wichout prejudice" buis and tha� st�tcmenu made during thc process c�n not be used in subsequent utions. t0. Once the parties have been identificd the Panel will through discussions witl� the parties esr�blish the issues thac will be part of che facilitation process and gec agrecmenc among chc narcies for this issues list. Documcnts will be submiaed outlining the facts of the issue and the pnsitions that the respective organizations ue taking. 11. Tlu Panel will, if necessary. propose and cscablish agreement on �he process for thc facilitation, ie. the terms and conditions. 13. The Pancl will then make a preliminary repott to che Board un die panies, issues, process and time liarne for the tacili�ation. 13. The Panel will, Gom �imr ro time, rcpon te chc Uoard on pro,ress with ehe facilitation. 1q, In the event that a complete resolution of the dispute is noc achieved, the Panel may atrempe to get the parcies ro agrec on a partial scnlemcnt or a narrowing nf chc issucs thac might bc involved in vubscqucnt actions around the dispute. I5. Any agreement reached bcavicen du partics will bc acl:nowledged in a"Minutes oCSettlement" to be signed by the panies at cne conclusion of the f.icili�ation process. 16. Thc Panel will make a fin�l reporc eo the IIoard on the facilita[ion including any a�reement rcached. 17, In the avent that the faciliwtion process is not concluded by the prescribed eime, the Pane) must seek and securc �n e�Kension from the Board -- ochenvise the Gcilir�tion will bc discancinued. 173 �• ;, + z„� '� k Y. j:J�v- _, r.,. . . . ., >,. . . . . r � . _. , - . . . �