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HomeMy WebLinkAboutCAO 25-10 Cis Report To Council DICKERING Report Number: CAO 25-10 Date: December 13, 2010 From: Debbie Shields 44 City Clerk Subject: Boards and Advisory Committees of Council Review of Appointments to Boards and Committees Recommendation: 1. That Report CAO 25-10 of the Chief Administrative Officer be received; 2. That Policy ADM 040 for Boards & Advisory Committees, as amended, included as Attachment #1 to this report be approved; 3. That the Seaton Advisory Committee be formally closed due to the appointment of a Provincial Facilitator; 4. That the Advisory Committee on Race Relation and Equity be renamed to the Advisory Committee on Diversity and that the mandate be updated as noted in Attachment #2 to this report; and 5. That the Boards & Advisory Committees list, included as Attachment #3 to this report be formally reconfirmed. Executive Summary: Early in a new Council term, Council shall review all Boards and Advisory Committees. The City Clerk and the Senior Management Team shall assist in this effort by providing an overview of all Boards and Advisory Committees. Recommendations from the City Clerk and Senior Management are made to Council on which Boards and Advisory Committees should continue forward into the new term of Council and if any should be disbanded. Financial Implications: There are no financial implications associated with the review of the Boards and Advisory Committees. Report CAO 25-10 December 13, 2010 Subject: Review of Boards and Advisory Committees of Council Page 2 4 Sustainability Implications: In order to provide for a sustainable community, public participation, along with private partnerships is encouraged. The creation and involvement of committees to garner public response and input to matters of ongoing concern is paramount to a sustainable, viable community. Background: Under the Municipal Act, municipalities can authorize the creation of various advisory committees to assist Council on specific matters. All advisory committees are established and appointed by resolution of Council. Their purpose is to advise Council by providing recommendations on specialized issues, on a policy and/or operational level, as set out in a mandate and Council approved work plans for each advisory committee. Boards and advisory committee members are appointed by resolution of Council and serve at the pleasure of Council for a specified term, where statutory authority does not state otherwise. The Mayor will remain as ex-officio of all committees of Council. Further to the review of the Boards and Advisory Committees of Council, it is being recommended that the Seaton Advisory Committee be disbanded due to the appointment of a Provincial Facilitator. The Committee has not met formally for over a year. The following information is provided for your consideration on the Seaton Advisory Committee: The Seaton Advisory Committee was established on January 15, 2007 by resolution #11/07. The committee was comprised of representatives from the three developers of Seaton (Mattamy Homes, Metrus Developments, Lebovic Homes), three members of Council (one representing each Ward), three senior administrative staff members, including the Chief Administrative Officer and one consulting firm, (Matson, McConnell Ltd), representing Uxbridge Valley Limited. Also, further to the review it is being recommended that the Advisory Committee on Race Relations and Equity's name and. mandate be reviewed. The following information is provided for your consideration for this Committee: The Advisory Committee on Race Relations and Equity was established by Resolution #67/90 passed on May 28, 1990 as amended by Resolution #128/00 passed on October 2, 2000. The Committee's role is to provide guidance and advice to the City to promote the full and equal access, opportunity and participation of all citizens in the social, cultural, economic and political affairs of the community and the City. We are recommending a name change for this Committee in order to encompass a broader view of the mandate, incorporate increased Community participation and a wider range of activities. At this time, we are recommending changing the name to the Advisory Committee on Diversity and that the mandate be updated as noted in Attachment #2 to this report. CORP0227-07/01 revised Report CAO 25-10 December 13, 2010 Subject: Review of Boards and Advisory Committees of Council Page 3 4.6 Summary Upon approval of this report, the Seaton Advisory Committee will be disbanded; the Advisory Committee on Race Relations and Equity will be renamed to the Advisory Committee on Diversity and the mandate will be updated as noted in Attachment #2. Attachments: 1. Policy ADM 040 for Boards & Advisory Committees 2. Advisory Committee on Diversity mandate, as amended 3. Boards & Advisory Committees to be formally reconfirmed Prepared By: Approved/Endorsed By: LL~ Z~J! Joh ul Newman Debbie Shields Elec ' n Assistant City Clerk DS:JPN Copy: Chief Administrative Officer Recommended for the consideration of Pickering Council, zz'~Ijv /0` 2- aLj& Tony Pr edel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised C q 00 4 7 City Policy ATTACHME NI-V-1--l , TOREPORT#CRO 1,5-10 PICKERIN Policy Title: Policy Number: Boards & Advisory Committees of Council ADM 040 Reference: Date Originated: Date Revised: Municipal Act and Procedural By-law November 10, 2008 December 13, 2010 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 all Boards and Advisory Committees, including staff liaisons shall be subject to the provisions of. Index 01 Definitions 02 Implementation Procedure - Classification of Boards and Advisory Committees 03 Establishment of Boards and Advisory Committees 04 Ongoing Review of Boards and Advisory Committees 05 Terms of Reference 06 Appointment Process and Advertising for Board/Advisory Committee Members 07 Resignation/Dismissal Process 08 Absentee Requirements 09 Orientation Sessions 10 Meeting Structure, Agenda and Minute Formats 11 Access to Meetings 12 Provision for Accessibility and Diversity 13 Pecuniary Interest 14 City Policies and Procedures 15 General Rules Governing Committees Appendix 1 Terms of Reference 48 01. Definitions: Not 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 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 Generally, Boards and Advisory Committees may be either ongoing or a task force. Ongoing provides recommendations, advice and information to Council on an ongoing basis on specific municipally-related matters that relate to the mandate of Boards and Advisory Committees as set out in the Terms of Reference, established by a confirming by-law. They may include some of the following: a) Advisory - includes bodies authorized by Municipal Council to provide input on a discretionary basis and advice to Council on a particular matter, or undertake special projects as assigned. b) Mandatory - where a Provincial Statute prescribes the type of appointments to be made by the municipality to a given body, the Statute be complied with. c) Local Boards - means a school board, municipal service board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, Committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes, including school purposes, of a municipality. d) External Bodies - separate special purpose bodies that have a substantial amount of authority over their own operations. e) Appeals Committee - hears and deals with appeals and/or minor variances to City By-laws. Policy Title: Boards & Advisory Committees of,Council Page 2 of 12 Policy Number: ADM 040 49 02.03 Task Forces assist in the short-term study and analysis of a specific municipally-related issue, as defined in the Terms of Reference and established by confirming by-laws. They may include staff representation as well as representation from external bodies. 03 Establishment of Boards and Advisory Committees: 03.01 Boards and Advisory Committees are proposed by resolution of Council and established by a confirming by-law. Each by-law shall incorporate the Terms of Reference for the specific Board/Advisory Committee. Prior to Council's establishment of any Board or Advisory Committee relevant director(s) shall submit a report to Council including the following information: a) inventory of previous and existing activities related to the matter, including public consultation initiatives; b) suggested types of public consultation; c) Board/Advisory Committee Terms of Reference; d) membership composition and level of expertise or specialization required by Committee members for the selection process; and e) orientation, training and facilitation needs. 04 Ongoing Review of Boards and Advisory Committees: 04.01 Early in a new Council term, Council shall review all Boards and Advisory Committees. The City Clerk and the Senior Management Team shall assist in this effort by providing an overview of all Boards/Advisory Committees, including, but not limited to the following: a) a list of Boards/Advisory Committees by name and type; b) summary of mandates, goals and objectives for each Board/Advisory Committee; c) achievements and challenges for each Board/Advisory Committee; 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 Page 3 of 12 Policy Number: ADM 040 50 04.02 If a Board or Advisory Committee is to be disbanded, a final report on the Board/Advisory Committee activities and reasons for disbandment shall be presented to Council for approval. 05 Terms of Reference: 05.01 The Terms of Reference will be established in accordance with the template included as Appendix I to this policy. 05.02 The Terms of Reference of each Advisory Committee shall be reviewed on an ongoing basis by relevant staff in order to ensure that the Terms of Reference, the need for, and the roles of each Advisory Committee remain relevant and appropriate. 06 Appointment Process and Advertising for Board/Advisory Committee Members: 06.01 Where a Provincial Statute prescribes the type of appointments to be made by the City to a given Board or Advisory Committee, the Statute shall be complied with. Where the City makes appointments to Boards/Advisory Committees of its own creation and to outside bodies when requested to do so, such appointments shall be citizen appointments, except in circumstances where the City has a direct financial involvement, in which instance Council shall determine whether or not it will appoint citizens and/or Council Members to such bodies. 06.02 Vacancies for citizen appointments shall be publicly advertised in the local newspaper and on the City of Pickering website. To apply to serve as a volunteer on a City Board or Advisory Committee, interested individuals shall be invited to apply and submit an application. Applicants should be 18 years of age, and a resident or municipal taxpayer in Pickering. These appointments enable local citizens from various backgrounds to participate in local government and voluntarily give their time and expertise to help formulate the direction of certain programs. 06.03 Generally, the duration of Board/Advisory Committee appointments are the same as the term of Council, however staff may recommend that the terms for specific Board/Advisory Committee appointments be staggered to ensure experience and consistency in following the Board/Advisory Committee's goals and mandate. While appointees may serve on more than one Board/Advisory Committee, Council shall give first consideration to individuals who are not already appointed to another Board/Advisory Committee. 06.04 The following process, coordinated by the City Clerk and Clerk's Office, will generally be followed in initiating the recruitment, selection and appointment process: Policy Title: Boards & Advisory Committees of Council Page 4 of 12 Policy Number: ADM 040 52 a) establishing Resolution/Confirming By-law for Board/Advisory Committee and Terms of Reference; b) mandatory statutes (i.e. Accessibility for Ontarians with Disabilities Act); c) City of Pickering Procedural By-Law; d) City Organizational Structure; e) member contact information; f) council members contact information; g) relevant City Policies & Procedures affecting Board/Advisory Committee members; h) Committee relationship to Council; and i) staff support. ,b9.02 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 receive Accessible Customer Service Training. New Board/Advisory Committee members will be contacted by the City to attend their training session, (Revised - Addition to the Policy) 10 Meeting Structure, Agenda and Minute Formats: 10.01 Regular meetings will be held monthly, but variations may be determined by the Committee and staff liaison. A meeting schedule, setting out the time and place for meetings will be established by staff. Meetings venues will be accessible, and sufficient to accommodate Committee members, staff and guests., (Revised - Addition to the Policy) 10.02 Meeting structure, agenda and minute formats should meet the needs of individual Boards/Advisory Committees, while ensuring consistency, completeness and accountability. A Board/Advisory Committee may choose to follow a more informal procedure and allow for a consensus approach to discussion. It is recommended that the following components be included in agendas, where specific subject items are described in each component: a) date, time, location of meeting; b) members present (include office, i.e. Chair, Recording Secretary); c) members absent/regrets; d) disclosure of pecuniary interest; e) approval of previous minutes; D presentations/deputations; g) general business and reports; h) correspondence; i) other business; j) closed session; k) next meeting; an t and 1) adjournment. Policy Title: Boards & Advisory Committees of Council Page 6 of 12 Policy Number: ADM 040 53 10.03 It is recommended that the Board/Advisory Committee minutes briefly outline the substance of each of the agenda items discussed during the meeting, including actions taken and recommendations by motion. Motions shall not be required to be seconded. The minutes shall be forwarded as soon as possible following the meeting to the City Clerk in order to present them to Council as information on a timely basis. Staff will be required to prepare a report for any recommendation of a Board/Advisory Committee requiring action by Council. Minutes of all meetings must be recorded. 11 Access to Meetings: 11.01 Except as provided in this section, all meetings shall be open to the public and the media and Board/Advisory Committee Minutes shall be available upon request. The Chair or presiding Officer may expel any person for improper conduct at a meeting. 11.02 A meeting may be closed to the public if the subject matter being considered is: a) the security of the property of the municipality or local board; b) 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; 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 the board or Committee may hold a closed meeting under the authority of another Act; or h). for the purpose of educating or training the members, subject to the condition that no member discusses or otherwise deals with any matter in a way that materially advances the business or decision- making of the Committee. 11.03 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; Policy Title: Boards & Advisory Committees of Council Page 7 of 12 Policy Number: ADM 040 54 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. 11.04 All deliberations while inclosed session shall remain confidential unless otherwise approved by Committee in open session. 12 Provision for Accessibility and Diversity: 12.01 Adequate provisions shall be made by the Chair of the Board/Advisory Committee and relevant staff to ensure that meeting locations, agenda and minute formats, communications and conduct of meetings be accessible, to ensure maximum participation and quality customer service. Reference may be made to the provisions of the Accessibility for Ontarians with Disabilities Act, and similar legislation, policies and guidelines. Membership that reflects the diversity of the City community will be encouraged in the recruitment, selection and appointment process. 13 Pecuniary Interest: 13.01 If a Committee member has a pecuniary interest in any matter and is, or will be, present at a meeting at any time at which the matter is the subject of consideration, the member: a) shall, before any consideration of the matter, at the meeting verbally disclose the interest and its general nature; b) shall not, at any time, take part in the discussion of, or vote on, any question in respect to the matter; and c) shall leave the meeting and remain absent from it at any time during consideration of the matter. 14 City Policies and Procedures: 14.01 Board and Advisory Committee members shall adhere to the policies and procedures of the City of Pickering. 15 General Rules Governing Board and Advisory Committees 15.01 Appointment of a Chair a) Every Committee shall at its first meeting elect one (1) of its members to act as the Chair and one (1) of its members as the Vice Chair. Members of Council who are appointed to a Citizen Advisory Committee are mandated as the Member of Council to be the Policy Title: Boards & Advisory Committees of Council Page 8 of 12 Policy Number: ADM 040 Committee's liaison between the Committee and Council and should try to avoid being appointed as Chair or Vice Chair in order to realize more Community involvement. b) In the absence of the Chair, the Vice Chair shall Chair the meeting. In the absence of the Chair and Vice Chair, the members shall elect a Chair during the meeting and he/she shall discharge the duties of the Chair during the meeting or until the arrival of either the Chair or the Vice Chair. 15.02 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.. P) 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.. .15.03. Reporting.to Council a) In November of each year, Citizen Advisory Committees shall prepare an annual work plan submission, which shall include a report on the year's accomplishments to Council, and a work plan for the next year., b) 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. 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. (Revised - Addition to Policy) Appendix 1 - Terms of Reference i Policy Title: Boards & Advisory Committees of Council Page 9 of 12 Policy Number: ADM 040 56 Terms of Reference Appendix 1 1.0 Enabling Legislation 1.1 1.2 2.0 Responsibilities 3.0 Composition 3.1 The Committee shall be comprised of citizen appointments and ( ) member of Council. 4.0 Committee Chair 4.1 The Chair shall be elected by a majority of Committee members for a one year term at the first meeting of each calendar year. An individual shall only act as a Chair for a maximum of two consecutive years unless the Committee determines otherwise with the unanimous consent of its membership. 4.2 The Chair's role is to provide guidance and leadership to the Committee in the completion of its mandate. 4.3 The Chair shall ensure that decorum is maintained at each meeting and that the rules of procedure (as per Procedural By-law 6746/07) are observed. i 5.0 Vice-Chair 5.1 The Vice-Chair shall be elected by a majority of Committee members for a one year term at the first meeting of each calendar year. Policy Title: Boards & Advisory Committees of Council Page 10 of 12 Policy Number: ADM 040 ATTAvHMENT#f TC P EP®RT* C (A O ut 5- t O Advisory Committee on Diversity Advisory Committee on Diversity Existing The Advisory Committee on Race Relations & Equity was. established by Resolution #67/90,1tem #10, as amended by Resolution #128/00 with a mandate to provide guidance and advice to the community and to the City to promote the full and equal access, opportunity and participation` of all citizens in the social, cultural, economic and political affairs of the community and the City. i Recommended Mandate: To provide guidance and advice to the City relating to inclusiveness and community building to ensure that the contributions, interests and needs of all sectors of Pickering's diverse population are reflected within the City; and To discuss and advise the,'City on how to engage the community, connect neighbourhoods, diverse populations and other demographic groups on diversity and equity issues, programs and activities throughout the City. The Committee is comprised of a variety of representatives which includes a Member of Council, three citizen appointments by Council and the balance of the Committee is comprised of persons appointed by various agencies such as the Durham District School Board, the Durham Catholic District School Board, the Durham Police Service, the Community Development Council Durham, student body. representatives from each Pickering secondary school and the Ontario Race Relations Directorate. ATTACHMENT s- Q 60 List of Boards and Advisory Committees 2010-2014 Committees of Council Acting Mayor Advisory Committee on Diversity Animal Services Appeals Committee Civic Awards Committee Livestock Valuer Pickering Museum Village Advisory. Committee Property Review Committee Rouge Park Alliance Site Plan Advisory Committee Sustainable Pickering Advisory Committee Taxicab Advisory Committee Waterfront Coordinating Committee Legislated Committees Accessibility Advisory Committee City of Pickering 2010 Election Compliance Audit Committee Committee of Adjustment Heritage Pickering Committee Pickering Public Library Board Outside Agency Appointments Central Lake Ontario Conservation Authority Durham Agricultural Advisory Committee Durham Environmental Advisory Committee Durham Trail Coordinating Committee Land Division Committee Toronto Region Conservation Authority Veridian Corporation