City of Owen Sound Presentation to Council

TOPICS TO BE DISCUSSED General Overview “MANDATORY POLICIES” January 1, 2008  Closed Meeting Complaints and Meeting Investigator  Public Notice  Sale and Disposal of Land  Hiring of

Municipal Act, 2001 (Bill 130)

Legislative Requirements

as of January 1, 2008

Presentation to Owen Sound City Council

November 19, 2007

Glen Henry, C.M.O., Director of Corporate Services

Marion Koepke, C.M.O., City Clerk

TOPICS TO BE DISCUSSED

 General Overview

“MANDATORY POLICIES” (January 1, 2008)

 Closed Meeting Complaints and Meeting Investigator

 Public Notice

 Sale and Disposal of Land

 Hiring of Employees

 Procurement of Goods and Services

 Accountability and Transparency

 Delegation of Powers

 Agencies, Boards, Commissions/Committees –

Accountability and Transparency

 Notice Requirements in the Procedure By-law

 Corporations and Municipal Service Boards

General Overview

 Policies and/or By-laws to be adopted by

January 1, 2008 dealing with mandatory topics

 Report to Council dated April 19, 2007

(Attachment 1)

 Powers of Municipal Council

 Mandatory and Optional Requirements

 Related Bill 130 Items

 Table Format of Report

Closed Meeting Complaints and

Meeting Investigator

 Revised Municipal Act, 2001 enables any person to

request that an investigation of whether a municipality or local board has complied with either the statutory

requirement for closed meeting or a Procedure By-law

 As of Jan 1,2008 all municipalities shall have a

“non-court” process in place whereby any person may request

an investigation into closed meetings of Council and its local boards/committees

 As of Jan.1, 2008 all municipalities shall appoint an

investigator charged with independently investigating

whether the City or its local boards/committees have

complied with closed meeting rules as outlined in

legislation or in the City’s Procedure By-law

 If investigator has not been appointed such

Closed Meeting Complaints and Meeting Investigator

 Investigator must be:

Closed Meeting Complaints and Meeting Investigator

Does not include Police Services Board or Public Library Board

An advisory or other committee,

sub-committee or similar entity of which at least 50% of the members are also members of one or more Councils or Local Boards

Closed Meeting Complaints and

 Owen Sound Housing Company (under review)

 Tom Thomson Memorial Art Gallery Board

 Downtown Improvement Area Board

 Escarpment Centre Ontario (ECO) Board

 Budget Committee

 Financial Advisory Committee

 Tourism Advisory Committee

 Environmental Waste Advisory Committee

 Land Bank Advisory Committee

Closed Meeting Complaints and

Meeting Investigator

OPTION 1

 Appoint Investigator on Own (by Jan 1/08)

 Investigator would likely be familiar with Owen Sound

 Council involved in recruitment and selection process

 Terms of Reference must be prepared

 Complaint process to be in place

 Council could be criticized for selecting an individual who is “sympathetic” to Council

 Costs negotiated

 Agreement to be signed

 Appointment could be part-time, full-time

or on-call

Closed Meeting Complaints and

Meeting Investigator

OPTION 2

 Appoint Joint Investigator (by Jan 1/08)

Seek partners to share an investigator

Willing partners need to be determined

Surrounding municipalities have not pursued this option

Grey County selection is LAS

Closed Meeting Complaints and

Meeting Investigator

OPTION 3

managed by LAS (Local Authority Services) (by Jan 1/08)

3rd party company – Amberley Gavel Ltd.

2 year contract with 90 day termination notice

Annual retainer fee of $600 plus $1,250 per day based on an 8 hour day or an hourly rate if less than on day (minimum fee of ½ day) plus

expenses

Closed Meeting Complaints and

Meeting Investigator

 LAS investigation request process in place

 Identifies responsibilities of municipality, Amberley Gavel Ltd And LAS

 Solicitor could review any contract agreement to ensure it includes:

 Provisions to guard against unreasonable costs

and/or delay in investigation process

 Municipal ability to request change to Review Officer

Closed Meeting Complaints and

Meeting Investigator

OPTION 4

 Default to the Ontario Ombudsman

 If investigator not appointed by Dec 31/07 enquiries undertaken

by Ontario Ombudsman

 Sophisticated investigation process in place

 Generally anonymous complaints will not be investigated

 Generally Ombudsman will not investigate complaints

retroactively

 Ombudsman has discretion over what will be investigated

 Investigations conducted at no charge to municipality or

complainant

 Municipality is at arms length from investigation

 Public reporting of opinion and reasons and makes

recommendations deemed appropriate

 No ability to impose sanctions or penalties

Closed Meeting Complaints and

Meeting Investigator

negative local perception of Provincial

involvement in municipal operations

knowledge of municipal context

Closed Meeting Complaints and

Timeline requirement of Jan 1/08

Process already established

Public Notice

 Revised Municipal Act, 2001 requires all

municipalities to adopt and maintain policies for circumstances in which the City shall provide notice to the public including the form, manner and times notice shall be given

 Notice provisions now broader

 Can be adopted in a policy

 Need to identify form, manner and times notice shall be given

 In many cases requirements for public

meetings have been removed

Public Notice

be adopted in a Policy

 Table (pages 8-13) outlines relevant

sections of Act, topic, and

recommendations for notice

 Table (Attachment 3) identifies

changes/revisions to the Act for sections and topics

Public Notice

 City of Owen Sound By-law 2005-028

(Attachment 2) established notice provisions

under former regulations of Municipal Act

 Feel accountability and transparency has been established with enactment of By-law 2005-028 and most provisions should remain

 Keep general intent of 2 weeks notice of

adoption of By-laws under this legislation

RECOMMENDATION:

 Repeal By-law 2005-028 and replace with

Policy CC29 (Attachment 4)

Sale and Disposal of Land

policy be adopted regarding sale and

disposal of land

by Council meets requirements of Bill 130 RECOMMENDATION:

respecting sale and disposal of land

Hiring of Employees

 Revised Municipal Act, 2001 requires policy be adopted regarding hiring of employees

 Comprehensive staffing policy (Attachment 6) and

procedure already in place

 Policy applies not only to staff but elected officials which addresses expanded accountability and transparency requirements of Bill 130

 Inclusion of elected officials could also be included in a Code of Conduct for Council members

RECOMMENDATION:

 Policy AS18 respecting hiring of employees remain in effect

Procurement of Goods and

Services

 Revised Municipal Act, 2001 requires policy be adopted regarding procurement of goods and services

 Comprehensive Purchasing By-law 2000-120 (Attachment 7) already in place that meets

requirements of Bill 130

RECOMMENDATION:

 By-law 2000-120 Procurement By-law remain in effect

Accountability and Transparency

 Revised Municipal Act, 2001 requires development of a policy regarding the manner in which the municipality will try to ensure it is accountable to the public for its actions and that its actions are transparent to the public

 “Accountable”

 Principle that the City is responsible to its stakeholders for

decisions made and policies implemented as well as its actions

or inactions

 “Transparent”

 Principle that the City actively encourages and fosters

stakeholders participation and openness in its decision making process Additionally, transparency means that the City’s

decision making process is open and clear to the public

Accountability and Transparency

 Accountability and Transparency Provisions:

 Practices and Procedures (Procedure By-law, Minutes, Open Meetings, Access

to Agendas)

 Municipal Conflict of Interest Act

 Bill 130 Tools (Code of Conduct, Lobbyist Registry, Meeting Investigator, Auditor General) for Council and local boards

 Municipal Freedom of Information and Protection of Privacy Act

 OMBI and Other Performance or Outcome Measurements and Reporting

Requirements

 Public Notice and Meeting Requirements

 Delegation of Authority By-law

 Strategic Plan

 Operating and Capital Budgets

 Procurement Policy

 Public Sector Accounting Board (PSAB) Provisions

 Development Charges, Fees/Charges By-law

 Open Meetings, Public Consultation Measures

 Governance Review

 Accessibility and Customer Service Goals

 Policy Regarding Employment of Relatives

Performance Review Program

Accountability and Transparency

should become “umbrella policy”

RECOMMENDATION:

Accountability and Transparency Policy

Delegation of Powers

 Revised Municipal Act, 2001 expands Council’s authority

to delegate its powers and duties under this Act or any other Act to “a person or body”

 Bill 130 expands delegation of corporate powers

pursuant to “natural person powers”

 Provides authority to empower local boards, committees and individuals to deal with particular issues

 Reasons of improved efficiencies, utilizing particular

expertise, or better represent a geographic area

 Delegation of powers within Municipal Act and others

such as Planning Act are permitted

 One or more members of municipal Council

 A body that has at least two members, of which 50% are Council members, appointees or combination

 An officer, employee or agent of the municipality (only aspects of a minor nature may be delegated to officer

or employee or agent of the municipality)

Local Garbage Pickup

Certain Types of Business Licensing (chip wagons, ice cream vendors)

Local Transit Routes

Delegation of Powers

 Council can with the consent of the Head of Council,

appoint another member of Council to preside at

meetings of Council

 Speaker would not loose their right to vote at meetings they are presiding over

 City has in place a By-law to delegate powers to the

Director of Operations (or designate) to temporarily close

a road for construction, repair or improvements

 City Engineer is designated to give approval for the

erection and installation of municipal traffic control

signals and systems on highways in accordance with the Highway Traffic Act

 Staff recommend that Director of Operations or designate

be staff responsible for both the above issues

Delegation of Powers

 Other powers that may be delegated:

 Minor Site Plan approvals

 Review and Comment on NEC Development Permit Applications

 Certification of Title Applications

 Pre-servicing Agreements

 Franchise Agreements Addressing:

 Use of Public Highway Allowances by Public Corporations

 Utility and Service Providers

 Conditional Building Code Agreements Made Under the Building Code Act

Model Home Agreements

Delegation of Powers

 No recommendation to establish an appeal body

at this time given only two delegated powers

being recommended

RECOMMENDATION:

 Adoption of Policy CC27 (Attachment 9)

Delegation of Powers and Duties and that further review by Senior Staff and Council take place

regarding other powers that Council may wish to delegate

Agencies, Boards, Commissions/

Committees – Accountability and

Transparency

local boards to adopt and maintain policies for

Sale and disposition of land

Hiring of employees

Procurement of goods and services

Notice provisions

Agencies, Boards, Commissions/

Committees – Accountability and

 DIA, Art Gallery Board and ECO affected

 OSMNPHC and OS Housing Company may be affected

 Local boards affected by this provision require a Procedural By-law and must be conversant

and observe the closed meeting provisions

Agencies, Boards, Commissions/

Committees – Accountability and

Transparency

RECOMMENDATION:

 Direct staff to work with affected local

boards and committees to assist with

compliance with respect to accountability and transparency

Notice Requirements in the

Procedure By-law

Procedure By-law of municipalities and

local boards to provide for public notice of meetings, including regular or special

meetings of Council, a local board or

committee or either of them

Notice Requirements in the

Procedure By-law

 Changes to Municipal Act have given

municipalities broad permissive powers regarding governance structure of municipalities and local boards

 Broad powers complimented with specific

provisions related to

 Establishment of wards

 Council composition

 Local boards

 Matters that may be delegated

 Role of the Head of Council

 Role of Council

Notice Requirements in the

Procedure By-law

responsibilities:

To ensure that administrative policies,

practices and procedures and controllership policies, practices and procedures are in

place to implement decisions of Council

To ensure the accountability and

transparency of the operations of the

municipality, including the activities of the senior management of the municipality

Notice Requirements in the

Notice Requirements in the

Procedure By-law

 New section of Act establishes Head of Council

as Chief Executive Officer of municipality with following roles:

 Uphold and promote the purposes of the municipality

 Promote public involvement in municipality’s activities

 Act as representative of the municipality both within and outside the municipality and promote the

municipally locally, nationally and internationally

 Participate in and foster activities that enhance

the economic, social and environmental well

being of the municipality and its residents

Notice Requirements in the

Procedure By-law

 Notice of Meetings

 Procedural By-law contains provision where public

notice is given of meetings

 Notice is provided through posting Council and

Committee Meeting calendar on web site

 Council and Committee Meeting calendar is posted

on Clerk’s door

 Council and Committee Meeting calendar is circulated

to media

 Notice board in lobby of City Hall provides

information of meetings on a weekly basis

Notice Requirements in the

Procedure By-law

 Closed Meetings

 New provision for the purpose of educating or training members provided no member discusses or

otherwise deals with any matter in a way that

materially advances the business or decision making

of Council or the local board or committee

 Records of meetings for education purposes are

required to be kept and are subject to MFIPPA rules therefore records of these closed meetings are public

Notice Requirements in the

Procedure By-law

RECOMMENDATION:

with a new By-law (Attachment 10) to include:

Code of Conduct (Optional)

 Items that may be considered as part of a Code of Conduct include:

 Compliance and Enforcement

 Council Access to Municipal Offices

 Whistle blowing

Integrity Commissioner (Optional)

Reprimand

Suspension of the remuneration of the

member of Council or local board for a period

of up to 90 days

Ombudsman (Optional)

 Municipalities have explicit authority to appoint

an Ombudsman, whose function is to:

 Investigate administrative

decisions/recommendations/actions

 Duties to be carried out in an independent manner

 Investigations conducted in private

 No review by courts of proceedings and decisions of Ombudsman except on grounds of jurisdiction