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HomeMy WebLinkAboutFCS-11-118 - Integrity Commissioner Contract REPORT TO: Finance & Corporate Services Committee DATE OF MEETING: May 30, 2011 www.kitchenerca SUBMITTED BY: R. Gosse, Director of Legislated Services/City Clerk PREPARED BY: R. Gosse, 2809 WARD(S) INVOLVED: n/a DATE OF REPORT: May 20, 2011 REPORT NO.: FCS-11-118 SUBJECT: INTEGRITY COMMISSIONER CONTRACT RECOMMENDATION: Council's direction is requested BACKGROUND: Subsection 223.2 of the Municipal Act authorizes a municipality to establish a code of conduct for members of council and local boards of the municipality. Subsection 223.3 authorizes the appointment of an Integrity Commissioner who reports to council and is responsible for performing in an independent manner the functions assigned with respect to the application of the code of conduct and investigations into an alleged breach of the code. In 2008, council adopted a code of conduct for members of council and local boards and directed that an Integrity Commissioner be appointed. In June 2009 the city entered into an agreement with Mr. Greg Levine appointing him as the Integrity Commissioner for one year with an option to renew for a second year. In 2010, the option for a second year appointment was exercised and is now coming due on June 15, 2011. REPORT: Provincial Bill 130 was enacted in 2007 implementing major amendments to the Municipal Act including the new Part V.1 -Accountability and Transparency. This Part contained the option for a municipality to establish a code of conduct for members of council and/or local boards and to appoint an Integrity Commissioner to independently, perform the functions assigned through the code of conduct. In 2008 only 7 municipalities made appointments including Kitchener with duties ranging from simply investigating alleged breaches of the code to conducing training and being on call for questions from members of councillor. The fees ranged from a retainer of $2000/annum plus an hourly fee for investigations to a retainer of $12,000 plus fees. By the beginning of 2010 the number of municipalities that appointed a Commissioner dropped to 3. That has since grown to over 12 as more municipalities move forward with establishing their codes of conduct and costs become clearer with fees falling to a more acceptable level. S~a~'Re~port finance and Corporate Services department 5-1 Staff Re~p~r~ I~~rc~~nT~~ Finance and Corporate Services 1~eparfinent w~+w.kitthenerca In 2008, the Transparency & Accountability Committee drafted a code of conduct, which was subsequently approved and, recommended that the City appoint an Integrity Commissioner to give credence to the code and ensure accountability. The duties of the Integrity Commissioner, as per the code of conduct, were to conduct an investigation should an allegation be received and to report to council. An Expression of Interest was issued and 3 qualified proposals were received. Two proposals provided the required services at a cost of $12,000/annum plus $125/hr to conduct investigations whereas the third proposal from Mr. Greg Levine was at a cost of $2000/annum plus fees at $150/hr. After many months working on an agreement, in June 2009 the City appointed Mr. Greg Levine as it's first Integrity Commissioner. In 2010 the City extended the appointment for a second year under the same terms and conditions. Since that time Mr. Levine has also been appointed as Integrity Commissioner for the City of Waterloo and the Township of West Lincoln (Niagara Region). Since his appointment in 2009, Mr. Levine has received an annual retainer of $2000 but has not received a bone fide request under the Code of Conduct for an investigation therefore, he has not charged the City for any other fees. Mr. Levine has indicated that he would like to continue as the City's Integrity Commissioner and is willing to do so under the same terms and conditions that have been in place for the past 2 years. Mr. Levine has also indicated that he would be open to extending the length of the contract up to 3 years and could provide educational and/or consultation services at fixed prices. In regard to the educational services this would not require any changes in the Code of Conduct relating to the mandate of the Integrity Commissioner however; consultation services ($150/hr) offered to individual members of council would require an amendment. Next Steps The Committee is requested to consider the following questions with respect to the City's Integrity Commissioner: Does the City wish to continue the appointment of an Integrity Commissioner? If yes should staff issue a new Expression of Interest or accept Mr. Levine's proposal to renew the current contract under the same terms and conditions? If it is decided to accept Mr. Levine's proposal what would be the length of the contract and should it include consultation services at the proposed fee of $150/hr? Should it be decided to include consultation services as part of the Integrity Commissioners duties, staff will need to bring back a report on how this service would be accessed with potential guidelines and amendments to the code of conduct. If it's Council wish to continue the appointment, staff will proceed as directed; either renewing the contract or issuing a Request of Interest. Should it be decided not to continue with the appointment of an Integrity Commissioner, there would be a saving of $2000 however; without an Integrity Commissioner compliance with the Code of Conduct would become the responsibility of Council as aself-regulating body. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Public Sector Leadership: Ensures accountability and transparency in all public processes including Council's Code of Conduct and Accountability & Transparency policy. 5-2 Staff Re~p~r~ I~~rc~~nT~~ Finance and Corporate Services 1~eparfinent w~+w.kitthenerca FINANCIAL IMPLICATIONS: In 2009 and 2010, $10,000 was budgeted for the Integrity Commissioner's services; $2000 annual retainer and the remainder available should a request for an investigation be received. In light of the fact that no requests have been received, the 2011 budget was reduced to $2000 for the retainer and if an investigation is required, costs would be funded from the City's corporate contingency account. If it is decided to continue with the appointment of an Integrity Commissioner and include consultation services as part of their duties, staff will report back on how those services would be accessed and the budget impact. COMMUNITY ENGAGEMENT: n/a ACKNOWLEDGED BY: D. Chapman, Deputy CAO -Finance & Corporate Services Dept. 5-3