HomeMy WebLinkAboutFCS-13-173 - Council Policy II-130 (Hiring - Senior Management - Vacancy) Staff Report
Finance and(orporate Services Department wwkitrhener ra
REPORT TO: Finance & Corporate Services Committee
DATE OF MEETING: November 18, 2013
SUBMITTED BY: Colin Goodeve, Manager of Council/Committee Services &
Deputy City Clerk
PREPARED BY: Daphne Livingstone, Committee Administrator,
519-741-2200 ext 7275
WARD(S) INVOLVED: All
DATE OF REPORT: November 1, 2013
REPORT NO.: FCS-13-173
SUBJECT: OVERVIEW OF COUNCIL POLICY II-130
(HIRING —SENIOR MANAGEMENT —VACANCY)
RECOMMENDATION:
For information.
BACKGROUND:
The following information was compiled in response to a request made at the October 7, 2013
Council meeting for information regarding Council Policy II-130 (Hiring — Senior Management—
Vacancy).
REPORT:
Council Policy II-165 was established in December 1990 to provide a process whereby Council
may elect to discuss the filling of staff vacancies resulting from termination or retirement of a
position at Grade 21 (currently Grade 13) and over. Housekeeping amendments were made to
this Policy in 2001, 2010 and 2011, including a change in Policy Number to 11-130, to reflect
changes in pay grades, bands, and job titles. In September 2001, Council considered Strategic
Services Department report SSD-01-009 which recommended deletion of certain Human
Resources policies. At that time, Council resolved to retain Policies 11-84 (Hiring — Senior
Management Offer of Employment) and 11-88 (Hiring - Senior Management - Vacancy). The
most recent amendment took place in August 2011 to recognize Deputy CAO rather than
Department Heads within the corporate structure.
Although there have been no substantive changes to Council Policy 11-130 since it was
established in 1990, a review of the evolution of the Chief Administrative Officer's By-law over
that same period indicates that there has been a substantial strengthening of the authority
invested in that position after the policy was first approved. First established in 1987 by By-law
87-110, pursuant to Municipal Act Chapter 302, the City of Kitchener appointed a Chief
Administrative Officer authorized to "recommend to Council the appointment, suspension,
discipline, dismissal or terms of employment of Department Heads". By-law 87-110 was
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amended by By-law 89-8 to establish a Management Committee of Department Heads, with the
authority of the CAO remaining the same. In 1997, the Municipal Code Chapter 111 (Chief
Administrative Officer) was established and served to codify the preceding by-laws related to
the CAO position. The contents of the Municipal Code Chapter 111 were repealed and replaced
by By-law 2002-33 to establish the Corporate Management Team. The City of Kitchener
Municipal Code Chapter 111.8b strengthened the authority of the CAO to "approve the
appointment suspension, discipline, dismissal, rewards or terms of employment of all
management staff from Job Grade M2 upward". In December 2010, the City of Kitchener
Municipal Code Chapter 111 was amended to form the current Chapter 115, which also
reflected the changes in the Corporate Management Team with the inclusion of Deputy CAOs. It
should be noted that Sections 115.4.4 and 115.4.5 allocate to the CAO the authority over the
day-to-day administrative and operational functions of the Corporation as well as full control and
direction of all City employees.
Council Policy II-130 provides a process whereby Council may elect to discuss the
recommendation to hire staff at Job Grade 13 and above. Senior management has indicated
that plans to hire at this level are currently communicated to Council and are not limited to
vacancies created by termination or retirement of employees Job Grade 13 and above (as
referenced in the policy). From time to time, these communications will result in discussions
with Council members surrounding aspects of the role to be filled. City of Kitchener Municipal
Code Section 115.5.2, (Appointments — dismissals — terms of employment), sets out that "the
Chief Administrative Officer shall approve the appointment, suspension, discipline, dismissal,
rewards or terms of employment of all management staff from Job Grade 11 upward". The
Policy established in 1990 has been superseded by subsequent by-laws, including the
December 2010 amendment to Chapter 115 of the Municipal Code. The intent of the policy is
still maintained through communication and discussion, as indicated by Senior Management,
and is consistent with Municipal Code Chapter 115 which sets out the responsibility of the CAO
for full control and direction over all City employees.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
An overview of Council Policy II-130 and related Municipal Code Chapters is consistent with
Council's vision to "ensure two-way flow of information, among our community, administration
and council" within the foundation of Efficient and Effective Government.
FINANCIAL IMPLICATIONS:
N/A.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website along with the agenda for this
meeting.
ACKNOWLEDGED BY: Dan Chapman, Deputy CAO
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