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HomeMy WebLinkAboutFCS Agenda - 2021-08-09Finance & Corporate Services Committee Agenda Monday, August 9, 2021 1:30 p.m. - 3:30 p.m. Office of the City Clerk Electronic Meeting Kitchener City Hall nd 200 King St.W. - 2 Floor Kitchener ON N2G 4G7 Page Chair - Councillor S. Davey Vice-Chair - Councillor K. Galloway-Sealock Due to COVID-19 restrictions City Hall is not open except for very limited services by appointment only. Members of public are invited to participate in this meeting electronically by accessing the meeting live-stream video at kitchener.ca/watchnow. While in-person delegation requests are not feasible at this time, members of the public are invited to submit written comments or participate electronically in the meeting by contacting delegation@kitchener.ca. Delegates must register by 11:30 a.m. on August 9, 2021, in order to participate electronically. Written comments will be circulated prior to the meeting and will form part of the public record. Consent Items The following matters are considered not to require debate and should be approved by one motion in accordance with the recommendation contained in each staff report. A majority vote is required to discuss any report listed as under this section. 1. DSD-2021-114 - All-way Stop Control Zeller Drive at Old Zeller Drive 2. CSD-2021-11 - Noise Exemption - The Falls Road Pub - 296 Victoria Street North - - September 17-19, 2021 Delegations -law, delegations are permitted to address the Committee for a maximum of five (5) minutes. None. Discussion Items 3. COR-2021-20 - Equity, Inclusion & Anti-Racism Policy (45 min) 4. COR-2021-21 - Equity & Anti-Racism Advisory Committee to Council (45 min) 5. INS-2021-6 - RBJ Schlegel Sponsorship Funding Allocation (20 min) Information Items None Dianna Saunderson Interim Manager of Council/Committee Services & Deputy Clerk ** Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994 ** REPORT TO:Finance & CorporateServices Committee DATE OF MEETING:August9, 2021 SUBMITTED BY:Barry Cronkite, Director, Transportation Services 519-741-2200 ext. 7738 PREPARED BY:Ivan J Balaban, Traffic Technologist, (519) 741-2200 x7302 WARD(S) INVOLVED:Ward2 DATE OF REPORT:July 6, 2021 REPORT NO.:DSD-2021-114 SUBJECT:All-way Stop ControlZeller Drive at Old Zeller Drive RECOMMENDATION: That an all-way stop control be installed at the intersection of Zeller Drive and Old Zeller Drive;andfurther, Thatthe Uniform Traffic Bylaw be amended accordingly. REPORT HIGHLIGHTS: The purpose of this report isto amend the Uniform Traffic By-Law 2019-113to include an all-way stop control atZeller Driveand Old Zeller Drive. The key finding of this report isthat safety and operations will be improved through the installation of the traffic control device listed in the report The financial implications areapproximately $1,000 taken from the existing sign maintenance budget This report supports the delivery of core services. BACKGROUND: Transportation Services received a request to review the existing traffic control at the intersection of ZellerDrive and Old ZellerDrive. The request cited concerns regarding pedestrian safety and general operation of the intersection. It was requested that an all-way stop be considered to control traffic. REPORT: According to the City of Kitchener’s Official Plan, ZellerDrive is designated a Major Community Collector Street and Old ZellerDrive is designated a Minor Community Collector Street. Currently, traffic on Old ZellerDrive stops and yields right of way to traffic on Zeller Drive *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. In response to the identified concerns, a traffic study was conducted for the intersection on May 11, 2021. Theresults of the study were compared to the City of Kitchener’s all-way stop warrant requirements. These requirements are a set of guidelines based on the all-way stop warrants established by the Ministry of Transportation of Ontario and the Institute of Transportation Engineers. The results are as follows: Warrant –Local/Minor Road All-Way Stop Warrant Analysis ZellerDrive and Old ZellerDrive–May 11, 2021 Warrant Factors -"3-Leg" IntersectionResultsWarrant Met The total vehicle volume on all intersection approaches averages at 215NO least 250 vehicles per hour for each of any eight hours of the day, and The volume split does not exceed 75% / 25% for a three-way control on the major 70% / 30%YES road, or Average of at least 4 collisionsper year over a three-year period(susceptible to 0.00 per yearNO correction by an All Way Stop) All-Way Stop WarrantedNO As the results above indicate, the intersection of ZellerDrive and Old ZellerDrivedoes not meet the warrant criteria. However, an earlier study conductedin April 142016at this location did meet the warrant criteria. The results are as follows: Warrant –Local/Minor Road All-Way Stop Warrant Analysis ZellerDrive and Old ZellerDrive–April 14, 2016 Warrant Factors -"3-Leg" IntersectionResultsWarrant Met The total vehicle volume on all intersection approaches averages at 304YES least 250 vehicles per hour for each of any eight hours of the day, and The volume split does not exceed 75% / 25% for a three-way control on the major 74% / 26%YES road, or Average of at least 4 collisionsper year over a three-year period(susceptible to 0.00 per yearNO correction by an All Way Stop) All-Way Stop WarrantedYES The largest difference between these two studieswas the volume of traffic during the morning, with the volume being significantlyreduced during the second study, which was conducted during the COVID-19 pandemic. The pandemic resulted in lower traffic volumes across the City, and traffic levels are expected to return to pre-pandemiclevelsas schools, businesses and employers reopen for regular business.Based on the results of the2021 traffic study,the 2016 study,and the expected increase in traffic volume, Transportation Services is recommending that an all-way stop be installed. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget–The recommendation has no impact on the Capital Budget. Operating Budget –The recommendation has the following impact on the Operating Budget. Zeller Drive at Old Zeller Drive All Way Stop, $1,000; for a total estimated budget impact of $1,000.These costs can be absorbed in the existing Sign Maintenance budget COMMUNITY ENGAGEMENT: INFORM –This report has been posted to the City’s website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: City of Kitchener Uniform Traffic By-law No. 2019-113 APPROVEDBY: Justin Readman, General Manager of Development Services ATTACHMENTS: Attachment A–Key Map –Zeller Drive at Old Zeller Drive All Way Stop Key Map - A Appendix Zeller Drive at Old Zeller Drive All Way Stop REPORT TO:Finance & CorporateServices Committee DATE OF MEETING:August 9, 2021 SUBMITTED BY:Gloria MacNeil, Director of By-law Enforcement, 519-741-2200ext. 7952 PREPARED BY:Gloria MacNeil, Director of By-law Enforcement, 519-741-2200ext. 7952 WARD(S) INVOLVED:10 DATE OF REPORT:July 22, 2021 REPORT NO.:CSD-2021-11 SUBJECT:Noise Exemption –The Falls RoadPub-296 Victoria St N –St Patty’s Day Mulligan–September 17-19, 2021 RECOMMENDATION: That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to The Falls Road Pub for their St Patty’s Day Mulligan being held at 296 Victoria St Northon September 17-19, 2021, as outlined in CSD-2021-11. REPORT HIGHLIGHTS: The Falls View Pub is requesting a noise exemption for their St Patty’s Day Mulligan Event will include live performances daily on the patio, weather permitting. Event will take place the weekend of September 17-19, 2021 from 3pm to 11pm daily. BACKGROUND: The Falls Road Pub is planning their St Patty’s Day Mulligan at 296 Victoria St Nand are requesting a noise exemption. REPORT: The Falls Road Pub is an Irish Pub who will be holding their second annual St Patty’s Day Mulligan on the weekend of September 17-19, 2021. The event was rescheduled due to the provincial restrictions that were in place back in March 2021. The event will include live music performances on the patiowhich will beweather permitting, if the weather is not cooperative, the event will bemovedindoors. The event will begin each th day (September 17, 18 and 19)at 3pm and will end at 11pm. The management staff at The Falls Road Pub are willing to work with staff to mitigate noise complaints over the weekend should any be received. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: N/A COMMUNITY ENGAGEMENT: This report has been posted to the City's website with the agendainadvanceof thecouncilIcommitteemeeting. ACKNOWLEDGED BY: Michael May, General Manager Community Services Department & DCAO REPORT TO:Financeand Corporate Services Committee th DATE OF MEETING:August 9 , 2021 SUBMITTED BY:Suzanne Charles Watson,Director of Equity, Anti-Racism & Indigenous Initiatives PREPARED BY:Elin Moorlag Silk, Project Manager, Equity, Anti-Racism & Indigenous Initiatives WARD(S) INVOLVED:AllWards th DATE OF REPORT:July 29, 2021 REPORT NO.:COR-2021-20 SUBJECT:Equity, Inclusion & Anti-Racism Policy RECOMMENDATION: Thatthe new Equity, Inclusion and Anti-RacismPolicy, attached as Appendix A of COR-2021-20be approved;andfurther, That amendmentstoCouncil policy GOV-COU-005 (Code of Conduct for Members of Council, Local Boards & Advisory Committees), as outlined in Appendix B of COR- 2021-20beapproved. REPORT HIGHLIGHTS: The purpose of this report isto present, for Council consideration, a new Equity, Inclusion & Anti-Racismpolicy, and further, amendments made to the existing Council Code of Conduct (GOV-COU-005) in accordance with the corporate commitment to equity, inclusion and anti-racism. The significanceof this policyis to outline the City of Kitchener’s commitment to develop and foster a workplace and organization where equity, inclusion and anti-racismare core principles which help shape the City’s policies, programs, services and procedures. Further, the policy outlines specific actions to address, mitigate and eliminate racism and oppression at theCity of Kitchener, including: 1) Identify and remove systemic barriers, 2) Strive for diverse representation of City staff, 3) Maintain dedicated staff with lived experience in racism and oppression, 4) Provide ongoing training, and 5) Ensure ongoing data collection and public accountability. This policy was developed in collaboration with a working group of the Mayor’s Task Force on Equity, Diversity and Inclusion, which is predominantly comprised of community memberswhose lived experiences and expertise in a wide variety of areas directly informed the direction, scope and contents of this policy *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. This report supports the theme ACaring Communitywithin the Corporate Strategic Plan as one element of the eight bodies of work developed by the Mayor’s Task Force on Equity, Diversity and Inclusion BACKGROUND: In September 2019, the City launched the Mayor’s Task Forceon Equity, Diversity and Inclusion,which was comprised of 45 members from four groups: community volunteers (selected through an application process), representatives from community organizations, City staff, and members of City Council. The task force split into eight working groups, each focused on a specific body of EDI-related workto support bringing about sustained, meaningful change across the corporationthrough the development of tangible deliverables. The Task Force wrapped up in June of 2021, andall deliverables whichrequire consideration and approval by Council will be presented over the next several months. ThisEquity, Inclusion and Anti-Racism Policy was developedby one of the Task Force working groups in collaboration with community members, Citystaff,andlawyers with expertise inemployment and human rights.An update about the development of this policy th was brought to City Council on May 10, 2021,whereby staff outlined the purpose and intent of the policy, along with the recommendation that the Code of Conduct which governs members of Council, Advisory Committees and Boards (GOV-COU-005)be updated to reflect the corporate commitmentto equity, inclusion and anti-racism.At that time members of City Councildirected staff to revisethe Code of Conductand agreed that next steps would be to bring both the new policy and revisedcode of conduct to Council for approval in the summer of 2021. REPORT: Equity, Inclusion and Anti-Racism Policy The purpose of this policy is to outline the City of Kitchener’s commitment to develop and foster a workplace and organization where equity, inclusion and anti-racism are core principles which help shape the City’s policies, programs, services and procedures.The policy further providesclear descriptionsfor leadership, staff, and volunteers at the City so they are aware of and understand the principles of equity, inclusion and anti-racism, and their roles in upholding these core principles. The CorporateCommitment to Equity, Inclusion and Anti-Racismis identified in the policy as the following: “The City is committed to operating as an organization where racism and oppression are not permissible at either an individual or systemic level. With this commitment is the expectation that as an organization the City is working on actions to address, mitigate and eliminate racism and oppression.” In operationalizing this commitment, the following actions have been identifiedin the policy: a)Identify and remove systemic barriersin programs and services, policies and procedures b)Strive for diverse representation of City staffthrough systematicdemographic data collection, the identification and elimination of systemic barriers in hiring and promotion, addressing racism and oppression experienced by staff, and ongoing monitoring, assessment and modifications. c)Maintaindedicated staff with lived experience in racism and oppression to lead the work d)Provide ongoing training to staff and direct volunteersfocused on equity, anti- racism and Indigenous reconciliation e)Ensure ongoing data collection and public accountability, which will include the following: High-level updates on the work of the Equity, Anti-Racism and Indigenous Initiatives team Disaggregated demographic data collected across the corporation Tracking data for all staff completion of Equity and Anti-Racism training as per the corporate training strategy Tracking data for all policy and procedure reviews that have been completed using an Equity, Inclusion and Anti-Racism lens The policy will applytoall City of Kitchener staff and direct volunteers. In the application of this policy, it is acknowledged that it is not solely the Equity, Anti-Racism and Indigenous Initiatives team who will be responsible for this work across the organization. All members of the organization, and particularly those in leadership and decision-making positions, are responsible for fostering a workplace culture where equity, inclusion and anti-racism are integral to all operations at the City. Please see Attachment A for the complete Equity, Inclusion and Anti-Racism Policy. Amendments to GOV-COU-005(Code of Conduct for Members of Council, Local Boards and Advisory Committees) This Code of Conduct applies to members of Council, Local Boards and Advisory Committees, all of whom are not covered under the Equity, Inclusion and Anti-Racism Policy. In accordance to direction provided by Council at aStrategy Session held on May th 10,2021, the following proposed amendmentshave been madeto GOV-COU-005 in order to reflect the City’s commitmentto equity, inclusion and anti-racism: 1.POLICY PURPOSE\[bullet pointadded\] members are responsible for conducting their duties and responsibilities in a manner that is consistent with the City of Kitchener’s commitment to equity, inclusion and anti-racism, whereby racism and oppression are not permissible at either an individual or systemic level, in accordance with policy GOV-COR-XXX (Equity, Inclusion and Anti-Racism); and; 2.DEFINITIONS\[definitions added\] “Anti-Racism”–shall mean working to understand and dismantle racism. It is a change and transformation focused practice and requires action. It’s not anti-racism if a conversation isn’t followed by concrete actions and accountability. “Equity”–shall mean seeking to create the conditions for fair and equal access and opportunity for everyone, by addressing discriminations, exclusions and barriers experienced by distinct groups. Equity is not the same as equality, nor is it the same as inequality. “Inclusion”–shall mean the achievement of a work environment in which all individuals are treated fairly and respectfully, have equal access to opportunities and resources, and can contribute fully to the organization’s success. “Oppression”–shall mean the social act of placing restrictions on an individual or group by those in positions of power. The oppressed individual or group is devalued, exploited and/or deprived of privileges by the individual or group who has more power. “Racism”–shall mean the marginalization and/or oppression of Black, Indigenousand other racialized people based on a socially constructed racial hierarchy that privileges white people. Racism can be openly displayed in racial jokes and slurs or hate crimes, but it can be more deeply rooted in attitudes, values and stereotypical beliefs. Racism operates at individual, systemic and societal levels. CONDUCT AT MEETINGS\[highlighted statement added\] At all meetings members shall conduct themselves with decorum in accordance with the provisions of Kitchener Municipal Code Chapter 25 (Procedure) and in a manner that is consistent with the City’s commitment to equity, inclusion and anti-racism, in accordance with policy GOV-COR-XXX (Equity, Inclusion and Anti-Racism).Respect for delegations, fellow members and staff requires that all members show courtesy and not distract from the business of the City during presentations and when other members have the floor. MANDATORY AND ONGOING EQUITY & ANTI-RACISM TRAINING\[entire section added\] Members of City Council and volunteer members of local boards are expected to complete all mandatory equity and anti-racism training required as per their position as outlined in the corporate-wide Equity and Anti-Racism Training Strategy. Members of Council are required to complete all mandatory training within one Council term (4 years). Once all mandatory training is complete, Council members are expected to take part in ongoing training opportunities throughout subsequent Council terms, as provided by the City. Volunteer 1 members of local boardsare required to complete all mandatory training within one appointment term (2 years); once all mandatory training is complete, board members are expected to take part in ongoing training opportunities throughout subsequent appointment terms as provided through the City. DISCREDITABLE CONDUCT \[highlighted word added\] 1 “Local board” is defined within the Code of Conduct as one of the following boards/ quasi-judicial committees established by Kitchener City Council: Belmont Village Business Improvement Area, Kitchener Downtown Business Association, Animal/Dog Designation Appeal Committee, Committee of Adjustment, and Property Standards Appeal Committee Harassment may be defined as any behaviour by any person that is directed at or is offensive to another person on the grounds of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, age, disability, sexual orientation, marital status, or family status and any other grounds identified under the Ontario Human Rights Code. All members have a duty to treat members of the public, one another and staff appropriately and without abuse, bullying or intimidation, and to ensure that their work environment is free from racism, discrimination and harassment. The Ontario Human Rights Code applies, as does HUM-WOR-120 (Employment -Human Rights). APPENDIX ‘A’ Advisory Committee Members’ Code of Conduct\[added content below\] The Advisory Committee Members’ Code of Conduct shall be applicable to all members of the City of Kitchener’s advisory committees, being: Arts and Culture Advisory Committee; Compass Kitchener; Cycling and Trails Advisory Committee; Downtown Action and Advisory Committee; Economic Development Advisory Committee; Environmental Committee; Equity and Anti-Racism Advisory Committee Heritage Kitchener; and Safe and Healthy Community Advisory Committee. 1.g)conducts their duties and responsibilities in a manner that is consistent with the City of Kitchener’s commitment to equity, inclusion and anti-racism, whereby racism and oppression are not permissible at either an individual or systemic level, in accordance with policy GOV-COR-XXX (Equity, Inclusion and Anti-Racism) 3.Advisory committee members shall complete all mandatory equity and anti-racism training required as per their position as outlined in the corporate-wide Equity and Anti-Racism Training Strategy. Volunteer members of advisory committees are required to complete all mandatory training within one appointment term (2 years); once all mandatory training is complete, advisory committee members are expected to take part in ongoing training opportunities throughout subsequent appointment terms as provided through the City. Please see Attachment B for the complete Code of Conduct for Members of Council, Local Boards and Advisory Committees, with proposed amendments. STRATEGIC PLAN ALIGNMENT: This report supports the theme A Caring Communitywithin the Corporate Strategic Plan as one element of the eight bodies of work developed by the Mayor’s Task Force on Equity, Diversity and Inclusion FINANCIAL IMPLICATIONS: Capital Budget–The recommendation has no impact on the Capital Budget. Operating Budget–The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM –This report has been posted to the City’s website with the agenda in advance of the council / committee meeting. COLLABORATE –This policy was developed in collaboration with a working group of the Mayor’s Task Force on Equity, Diversity and Inclusion, which is predominantly comprised of community members, whose lived experiences and expertise in a wide variety of areas directly informed the direction, scope and contentsof the policy. PREVIOUS REPORTS/AUTHORITIES: CSD-21-4Task Force on EDI Update th Special Council Strategy Session, May 10, 2021 APPROVEDBY: Victoria Raab,General Managerof Corporate Services ATTACHMENTS: Attachment A –Draft Equity, Inclusion & Anti-Racism Policy Attachment B –GOV-COU-005 Code of Conduct for Members of Council, Local Boards& Advisory Committees: Complete with amendments Attachment A: Draft Equity, Inclusion & Anti-Racism Policy Policy No:Click here to enter text. POLICY Approval Date:Click here to enter a Policy Title:Equity, Inclusion & Anti- date. Racism Reviewed Date:Click here to enter text. Policy Type:COUNCIL Next Review Date:Click here to enter Category:Governance text. Reviewed Date:Click here to enter text. Sub-Category:Corporate Author:Project Manager, Equity, Last Amended:Click here to enter a Diversity & Inclusion date. Replaces:Click here to enter text. Dept/Div:Corporate Services/Equity, Anti- Racism & Indigenous Initiatives Repealed:Click here to enter a date. Replacedby:Click here to enter text. Related Policies, Procedures and/or Guidelines: HUM-WOR-060 Discipline Policy HUM-HIR-155 Inclusive Recruitment & Hiring Practices HUM-WOR-140 Respect in the Workplace GOV-COU-005 Code of Conduct for Members of Council, Local Boards & Advisory Committees 1.POLICY PURPOSE: To outline the City of Kitchener’s commitment to develop and foster a workplace and organization where equity, inclusion and anti-racism are core principles which help shape the City’s policies, programs, services and procedures. This policy is intended to provide a clear description for leadership, staff, and volunteers at the City so they are aware of and understand the principles of equity, inclusion and anti- racism, and their roles in upholding these core principles. 2.DEFINITIONS: Equity: An equity approach seeks to create the conditions for fair and equal access and opportunity for everyone, by addressing discriminations, exclusions and barriers experienced by distinct groups. Equity is not the same as equality, nor is it the same as inequality. Organizational Equity: The dismantlingof systemic privilegesand longstanding systemic barriersby creating opportunities for peoplewho experience oppression to advance, participate, compete, innovate, and servewhile fundamentally reshaping organizational systems to be anti-oppressive. Inclusion: The achievement of a work environment in which all individuals are treated fairly and respectfully, have equal access to opportunities and resources, and can contribute fully to the organization’s success. Systemic Barriers: A combination of policies, guidelines and/or practices which inherently and/or unintentionally result in the exclusion of people identified by an Ontario Human Rights Code protected ground such as race, ethnicity, disability, gender identity or sexual orientation. Oppression: The social act of placing restrictions on an individual or group by those in positions of power. The oppressed individual or group is devalued, exploited, and/or deprived of privileges by the individual or group who has more power. Racism: The marginalization and/or oppression of Black, Indigenous and other racialized people based on a socially constructed racial hierarchy that privileges white people. Racism can be openly displayed in racial jokes and slurs orhate crimes, but it can be more deeply rooted in attitudes, values and stereotypical beliefs. Racism operates at individual, systemic and societal levels. Anti-Racism:Working to understand and dismantle racism. It is a change and transformation focused practice and requires action. It’s not anti-racism if a conversation isn’t followed by concrete actions and accountability. Sexism: Prejudice or discrimination based on sex or gender, especially against women and girls; based on an ideology or belief that one sex is superior to another, on false beliefs or generalizations about gender, and on considering gender as relevant where it is not. Ableism: The practices and dominant attitudes in society that devalue and limit the potential of persons with disabilities, and a set of practices and beliefs that assign inferior value to people who have developmental, emotional, physical or psychiatric disabilities. 3.SCOPE: Statement as to whom the policy applies, as well as exceptions and the ramifications of non-compliance, if any and deemed appropriate to include. POLICY APPLIES TO THE FOLLOWING: All Employees All Full-Time EmployeesAllUnion ManagementC.U.P.E. 68 Civic Non UnionC.U.P.E. 68 Mechanics TemporaryC.U.P.E. 791 StudentI.B.E.W. 636 Part-Time EmployeesK.P.F.F.A. Specified Positions only: Other:All direct volunteers CouncilLocal Boards & Advisory Committees 3.1Application of the Policy a)This policy applies to all Cityof Kitcheneremployees. b)This policy applies to all direct City of Kitchener volunteers, which includes those who perform a task under the direct supervision of City staff on behalf of the City of Kitchener. Direct volunteers are those who are recruited, screened, trained, supervised and recognized by City staff. c)Enforcement of this policy is the responsibility of all municipal leaders (supervisors, managers, directors,and department heads) across the organization. d)City employee and volunteer conduct which contravenes the expectations set out in this policy may be subject to discipline. All disciplinary procedures will be implemented in accordance to the Collective Agreement or relevant Human Resources processes outlined for the employee or volunteer being disciplined. Off-duty conduct may impact the legitimate business interests of an employer and in those circumstances could result in employment related consequences. Relevant caselaw, as amended from time to time, has established an employer’s legitimate business reasons including those noted below. As such, the City encourages all employees and volunteers in their personal capacity to conduct their affairs in a manner consistent with this policy. Employees and volunteers are reminded that conduct in their personal capacity which may impact the City’s legitimate business interests may be the subject of discipline of employees and the discontinuance of volunteer relationships. The City’s legitimate business interests may be impacted by an employee or volunteer’s off-duty conduct that; harms the City’s reputation or services; renders the employee or volunteer unable to perform their duties and responsibilities; leads to a refusal of others to work with them; breaches the Criminal Code or the Ontario Human Rights Code; or inhibits the City’s ability to efficiently manage and direct its workforce 4.POLICY CONTENT: 4.1 Preamble and Rationale The City acknowledges its responsibility to engage and serve the full diversity of the community, and that an essential part of this responsibility is to create and maintain an equitable, inclusive and anti-racist organization. The City acknowledges thatracism is a long-standing and systemic barrier in Canadian society and across all institutions(including the City of Kitchener), so embedded and pervasive within the dominant culture and social institutions that it is often invisible. The City also acknowledges that racism exists alongside many other inequities in our society in which certain peopleor groups face discrimination and exclusion, such as women, persons with disabilities, those who identify as LGBTQ2S+,religious minoritiesand First Nations, Inuit and Métis communities. Often these experiences are intersectional, where people identify with more than one group. The City is committed to the ongoing identification and removal of systemic barriers within the organization, which increase obstacles to participation in the workplace, in the utilization of services and in the participation in the municipal decision-making processes. 4.2 Policy Details This section of the policy outlinesspecific expectations for leadership, staff, and volunteers to support the corporation’s commitment to equity, inclusion and anti-racism. The Corporate Commitment to Equity, Inclusion & Anti-Racism The City is committed to operating as an organization where racism and oppression are not permissible at either an individual or systemic level. With this commitment is the expectation that as an organization the City is working on actions to address, mitigate and eliminate racism and oppression. Details on how this commitment will be operationalized at the City are described below: a)Identify and remove systemic barriers; The City is committed to developing and/or revising and maintaining programs and services offered by the City guided by the principles of equity, inclusion and anti-racism.In the identification and removal of systemic barriers, the City is committed to providing equitable access to programs and services that are free from racism or exclusionary practices so that all residents can utilize and benefit from municipal services regardless of attributes such as race, Indigenous ancestry, ability, gender identity, sexual orientation, age, or religious practices. The process ofidentifyingand removing systemic barriers in programs and services will includedemographic data collection, providing opportunities forongoing feedback, and community consultationwith equity-seeking groups. In addition, municipal policies and procedures will be reviewed from an Equity, Inclusion and Anti-Racism lens when they are scheduled for regular review. b)Strive for diverse representation of City staff: The City is committed to continually striving towards employing a more diverse representation of staff at the organization, including at the leadership level, that is comparable to the diverse demographics of the Kitchener community. This is an essential component of providing programs and services which benefit and meet the needs of the community we serve. In the application of this commitment, the City will utilize some of the following strategies: ongoing demographic data collection with City staff, identification and elimination of systemic barriers in hiring and promotional practices, addressing issues of racism and oppression experienced by staff in the workplace, and will engage in ongoing monitoring, assessment and modification of the administration of this policy in order to achieve its stated purpose. c)Maintaindedicated staff with lived experience in racism and oppression to lead the work: The City acknowledges its work related to equity, inclusion and anti-racism requiresadedicatedstaff team who themselves have lived experience with racism and/or oppression. This staff team will provide consistentsupport and expertise to the City through ongoing collaboration with equity-seeking communities and continuous research into emerging and best practices in organizational equity anti-racism, and Indigenous reconciliation. In the implementation and accountability of this work, this dedicated staff team will work closely with the Corporate Leadership Team. The City is committed to supporting this dedicated staff team to meet the needs that they have in terms of specialized training and development, mentorship opportunities with senior leadership, and priorities around self-care as an essential component of undertaking this complex and demanding work. d)Provide ongoing training to staff and direct volunteers: The City is committed to creating a culture where staff and volunteers are aware of,understand, and applythe principles of equity and anti-racism, and their roles in upholding these essential practices.Thus, the City is committed to providing ongoing training (both mandatory and self-selected) to all staff and direct volunteers focused on equity and anti-racism to encourage ongoing learning, in-depth understanding and practical application. e)Ensure ongoing Data Collection and Public Accountability: The City is committed to tracking all activities related to the implementation of this policy and reporting the data publicly a minimum of once per year. This data collection will include the following; High-level updates on the work of the Equity, Anti-Racism and Indigenous Initiatives team Disaggregated demographic data collected across the corporation Tracking data for all staff completion of Equity and Anti-Racism training as per the corporate training strategy Tracking data for all policy and procedure reviews that have been completed using an Equity,Inclusion and Anti-Racism lens 4.3Application of the Policy at a Corporate Level The City of Kitchener has a policy focused on Respect in the Workplace (HUM-WOR-140), and Inclusive Recruitment and Hiring Practices (MUN-MIR-155), both of which reference the topics of inclusion and human rights. In the application of this policy, it is the expectation that City staff and volunteers behave in a way that is consistent with the organizational commitment to addressing equity, inclusion and anti-racism at a systems level, as well as HUM-WOR-140 and MUN-MIR-155. In the application of this commitment to equity, inclusion and anti-racism, the City acknowledges that it is not solely the Equity, Anti-Racism and Indigenous Initiatives team who will be responsible for this work across the organization. All members of the organization, and particularly those in leadership and decision-making positions, are responsible for fostering a workplace culture where equity, inclusion and anti-racism are integral to all operations at the City. Roles &Responsibilities Director of the Equity, Anti-Racism and Indigenous Initiatives Division, Corporate Services Department Oversees the application of this policy across the corporation. Works in partnership with the Corporate Leadership Team and the Director of Human Resources, who are all collectively responsible for upholding the principles and practices of equity, inclusion and anti-racism throughout the organization. Conducts their duties and responsibilities in a manner that is consistent with the City’s commitment to equity, inclusion and anti-racism as set out in this policy. Accountability for behaviour may include off-duty conduct where the City’s legitimate business interests, as defined in paragraph 3.1 e) above, are affected. CAO, General Managers, Directors, Managers and Supervisors Implements and communicates expectations and requirements related to the Equity, Inclusion and Anti-Racism Policy to employees under their direction by utilizing resources provided to them by the corporation. Completes all mandatory equity and anti-racism training required as per their position and facilitates the completion and tracking of all mandatory equity and anti-racism training required by their employees. Collaborates with the Equity, Anti-Racism and Indigenous Initiatives division, as needed,in the monitoring and accountability tracking of equity and anti-racism work at the City. Conducts their duties and responsibilities in a manner that is consistent with, and models the City’s commitment to equity, inclusion and anti-racism as set out inthis policy, including how they manage their employees. Accountability for behaviour may include off-duty conduct where the City’s legitimate business interests, as defined in paragraph 3.1 e) above, are affected. Staff Completes all mandatory equity and anti-racism training required as per their position as outlined in the corporate-wide Equity and Anti-Racism Training Strategy. Conducts their duties and responsibilities in a manner that is consistent with, and models the City’s commitment to equity, inclusion and anti-racism as set out in this policy. Accountability for behaviour may include off-duty conduct where the City’s legitimate business interests, as defined in paragraph 3.1 e) above, are affected. Volunteers Completes all mandatory equity and anti-racism training required as per their position as outlined in the corporate-wide Equity and Anti-Racism Training Strategy. Conducts their duties and responsibilities in a manner that is consistent with, and models the City’s commitment to equity, inclusion and anti-racism as set out in this policy. Accountability for behaviour may include off-duty conduct where the City’s legitimate business interests, as defined in paragraph 3.1 e) above, are affected. 5.MONITORING & ACCOUNTABILITY Monitoring and accountability is vital to all equity, inclusion and anti-racism work undertaken at the City. Accompanying each component outlined in this policy will be an evaluation framework, which will serve to monitor implementation progressand anticipated outcomes related to equity, inclusion and anti-racism across the organization. Public reporting on this evaluation framework will be done on an annual basis at a minimum. Given the nature of this work, the City is committed to conductinga review of this policy once every five years. If changes or amendments to the policy are made, all staff across the organization will be notified of the changes and encouraged to read the updated policy. 6.HISTORY OF POLICY CHANGES Administrative Updates The date (yyyy-mm-dd) and a short annotation on the nature of the change to reflect the current corporate structure i.e. Departmental re-organization / Titling changes / Standing Committee restructuring. \[Start typing here\] Formal Amendments The date of the resolution passed by Council or CLT, for example, “2020-01-20 -As per Council/CLT directive” \[Start typing here\] Attachment B: GOV-COU-005 Code of Conduct for Members of Council, Local Boards and Advisory Committees POLICY Policy No:GOV-COU-005 Approval Date:October 6, 2008 Policy Title:CODE OF CONDUCT FOR MEMBERS OF COUNCIL, Reviewed Date:June 2016 LOCAL BOARDS & ADVISORY COMMITTEES Next Review Date:June 2021 Policy Type:COUNCIL Last Amended:June 24, 2019 Category:Governance Replaces:I-005, Code of Conduct for Sub-Category:Board & Committee Members of Council, Local Boards and Advisory Author:City Clerk Committees Dept/Div:Finance & Corporate Services Repealed: Department, Legislated Services Replaced by: Related Policies, Procedures and/or Guidelines: GOV-COR-XXX Equity, Inclusion & Anti-Racism Policy HUM-WOR-140Respect in the Workplace HUM-HR-110 Employment of Relatives ADM-ELE-226 Use of Corporate Resources for Political Campaign Purposes 1.POLICY PURPOSE: A written Code of Conduct reinforces the City of Kitchener’s Accountability and Transparency Policy and other relevant legislation within which all members of Council, local boards and advisory committees must operate. It ensures that those members share a common integrity base and through adherence to its principles, the Code of Conduct serves to enhance public trust. The key principles that underline the Code of Conduct are as follows: all members to whom this Code of Conduct applies shall serve in a conscientious and diligent manner; members shall be committed to performing their functions with integrity and to avoiding the improper use of the influence of their office, and conflicts of interest, both real and apparent; 14of 37 members are expected to perform their duties in office and arrange their private affairs in a manner that promotes public confidence and will bear close public scrutiny; members are responsible for making honest statements and no member shall make a statement when they know that statement is false, or with the intent to mislead other members or the public; members are responsible for conducting their duties and responsibilities in a manner that is consistent with the City of Kitchener’s commitment to equity, inclusion and anti-racism, whereby racism and oppression are not permissible at either an individual or systemic level, in accordance with policy GOV-COR-XXX (Equity, Inclusion and Anti-Racism); and; members shall seek to serve the public interest by upholding both the letter and the spirit of the laws and policies established by the Federal Parliament, Ontario Legislature, and Kitchener City Council. 2.DEFINITIONS: “Anti-Racism” –shall mean working to understand and dismantle racism. It is a change and transformation focused practice and requires action. It’s not anti-racism if a conversation isn’t followed by concrete actions and accountability. “Code of Conduct”-shall mean the City of Kitchener Code of Conduct for Members of Council, Local Boards and Advisory Committees. “Complaint”-shall mean a purported contravention of the Code of Conduct. “Equity”–shall mean seeking to create the conditions for fair and equal access and opportunity for everyone, by addressing discriminations, exclusions and barriers experienced by distinct groups. Equity is not the same as equality, nor is it the same as inequality. “Frivolous”-shall mean of little or no weight, worth, or importance; not worthy of serious notice. “Good faith”-shall mean accordance with standards of honesty, trust, sincerity. “Inclusion” –shall mean the achievement of a work environment in which all individuals are treated fairly and respectfully, have equal access to opportunities and resources, and can contribute fully to the organization’s success. “Integrity Commissioner”-shall mean the Integrity Commissioner appointed by the Council of the City of Kitchener to provide independent and consistent complaint investigation and resolution, respecting the application of the Code of Conduct. “Immediate relative”-shall mean a parent, spouse, child, sister, brother, sister-in-law, brother-in-law, father-in-law, mother-in-law as well as step-relationships; spouse shall mean the person to whom a person is married or with whom the person is living in a conjugal relationship outside marriage. 15of 37 “Lobby”-shall mean to communicate with a member outside of a public process about matters of interest or benefit to the lobbyist and their client / business / organization. Communication may be about a by-law or resolution on any matter that requires a decision by City Council, a local board or delegated decision maker. This includes matters regarding policies or programs, the purchase of goods and services and the awarding of contracts, applications for a service, grant, planning approval or other licence. “Lobbyist”-shall mean a person who communicates for payment with public office holders, a person who lobbies on a volunteer basis for a business or a not-for-profit professional, business, industry, trade or labour organization or a consultant or voluntary lobbyist who arranges meetings between a member and any other person for the purpose of lobbying. “Local board”-for the purposes of the Code of Conduct a local board shall mean one of the following boards / quasi-judicial committees established by Kitchener City Council: Belmont Village Business Improvement Area Kitchener Downtown Business Association (KDBA) Animal / Dog Designation Appeal Committee Committee of Adjustment Property Standards Appeal Committee “Oppression” –shall mean the social act of placing restrictions on an individual or group by those in positions of power. The oppressed individual or group is devalued, exploited and/or deprivedof privileges by the individual or group who has more power. “Private advantage”-for the purposes of the Code of Conduct private advantage does not include a matter: a)that is of general application or considered to be an interest in common generally with the electors within the jurisdiction of an area; or, b)that concerns the remuneration or benefits of a member of Council. “Racism” –shall mean the marginalization and/or oppression of Black, Indigenous and other racialized people based on a sociallyconstructed racial hierarchy that privileges white people. Racism can be openly displayed in racial jokes and slurs or hate crimes, but it can be more deeply rooted in attitudes, values and stereotypical beliefs. Racism operates at individual, systemic and societal levels. “Vexatious”-shall mean instituted without sufficient grounds and serving only to cause annoyance to the defendant; troublesome; annoying: a vexatious situation. 3.SCOPE: POLICY APPLIES TO THE FOLLOWING: All Employees All Full-Time EmployeesAllUnion ManagementC.U.P.E. 68 Civic 16of 37 Non UnionC.U.P.E. 68 Mechanics TemporaryC.U.P.E. 791 StudentI.B.E.W. 636 Part-Time EmployeesK.P.F.F.A. Specified Positions only: Other: CouncilLocal Boards & Advisory Committees 4.POLICY CONTENT: ROLES AND RESPONSIBILITIES This Code of Conduct operates along with and as a supplement to the existing statutes governing conduct. Five pieces of Federal and Provincial legislation govern the conduct of members of Council, those being: theCriminal Code of Canada; the Municipal Conflict of Interest Act, as amended; the Municipal Elections Act, 1996, as amended; the Municipal Freedom of Information and Protection of Privacy Act; and, the Municipal Act, 2001,as amended. Part VI (Practices & Procedures) of the Municipal Act, 2001prescribes the following as the roles of a municipal council, the head of council and thehead of council as chief executive officer: It is the role of council: to represent the public and to consider the well-being and interests of the municipality; to develop and evaluate the policies and programs of the municipality; to determine which services the municipality provides; to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council; to ensure the accountability and transparency of theoperations of the municipality, including the activities of the senior management of the municipality; to maintain the financial integrity of the municipality; and, to carry out the duties of council under this or any other Act. It is the role of the head of council: to act as chief executive officer of the municipality; to preside over council meetings so that its business can be carried out efficiently and effectively; to provide leadership to the council; 17of 37 to provide information and recommendations to the council with respect to the role of council described in Sections 224.(d) and (d.1) of the Municipal Act, 2001; to represent the municipality at official functions; and, to carry out the duties of the head of council under this or any other Act. Aschief executive officer of a municipality, the head of council shall, uphold and promote the purposes of the municipality; promote public involvement in the municipality’s activities; act as the representative of the municipality both within and outside the municipality, and promote the municipality locally, nationally and internationally; and, participate in and foster activities that enhance the economic, social and environmental well-being of the municipality and its residents. APPLICATION Part 2 of the Code of Conduct shall apply to all members of Council and local boards. In recognizing that advisory committees are comprised largely of citizen volunteers from across the City of Kitchener who have been appointed by Council to provide special advice and expertise; some of the provisions outlined in Part 2 may not be applicable to those members. Accordingly, the conduct of advisory committee members shall be governed by the provisions of the Advisory Committee Members’ Code of Conduct, attached hereto as Appendix ‘A’. BUSINESS RELATIONS No member shall act as a lobbyist before Council, its committees, or an agency, board or commission of the City except in compliance with the terms of the Municipal Conflict of Interest Act. A member shall not refer a third party to a person, partnership,or corporation in exchange for payment or other personal benefit. This does not prohibit activities in which a member would normally engage on behalf of constituents in accordance with the duties of their office. CONDUCT AT MEETINGS At all meetings members shall conduct themselves with decorum in accordance with the provisions of Kitchener Municipal Code Chapter 25 (Procedure)and in a manner that is consistent with the City’s commitment to equity, inclusion and anti-racism, in accordance with policy GOV-COR-XXX (Equity, Inclusion and Anti-Racism).Respect for delegations, fellow members and staff requires that all members show courtesyand not distract from the business of the City during presentations and when other members have the floor. CONDUCT OF A POLITICAL NATURE No member shall use City facilities, services, or property for his/herelection or re-election campaign. No member shall use the services of City employees for his/herelection or re- election campaign, during hours in which the employees are in the paid employment of the 18of 37 City. Council Policy ADM-ELE-226 (Elections -Use of Corporate Resources for Political Campaign Purposes)applies. MANDATORY AND ONGOING EQUITY & ANTI-RACISM TRAINING Members of City Council and volunteer members of local boards are expected to complete all mandatory equity and anti-racism training required as per their position as outlined in the corporate-wide Equity and Anti-Racism Training Strategy. Members of Council are required to complete all mandatory training within one Council term (4 years). Once all mandatory training is complete, Council members are expected to take part in ongoing training opportunities throughout subsequent Council terms, as provided by the City. Volunteer members of local boards are required to complete all mandatory training within one appointment term (2 years); once all mandatory training is complete, board members are expected to take part in ongoing training opportunities throughout subsequent appointment terms as provided through the City. CONDUCT RESPECTING STAFF Only Council as a whole has the authority to approve budgets, policies, committee processes and other such matters. Therefore, members are not permitted to individually direct the actions of staff, except as authorized by Council. Members shall be respectful of the fact that staff work for the City as a body corporate and are charged with making recommendations that reflect their professional expertise and corporate perspective, without undue influence from any individual member or group of members. Members shall be respectful of the fact that staff carry out directions of Council and administer the policies of the municipality, and are required to do so without any undue influence from any individual member or group of members. Accordingly, no member shall maliciously or falsely injure the professional or ethical reputation, or the prospects or practice of staff, and all members shall show respect for the professional capacities of the staff of the City of Kitchener. Council as a whole directs the business of the City and passes by-laws, or resolutions as appropriate, for decisions adopted by Council. Council has delegated responsibility to the Chief Administrative Officer (CAO) for the administration of the affairs of the City in accordance with the decisions adopted by Council. This means that under the direction of the CAO, staff have the responsibility and the authority to provide consultation, advice and direction to Council and to implement Council approved policy. To fulfill this role, staff establishes the appropriate administrative policies, systems, structures and internal controls to implement the goals and objectives of Council, and to manage implementation within the resources at their disposal. Council therefore should expect a high quality of advice from staff based on political neutrality and objectivity irrespective of party politics, the loyalties of persons in power, or their personal opinions. No member shall compel staff to engage in partisan political activities or be subjected to threats or discrimination for refusing to engage in such activities. Nor shall any member use, or attempt to use, their authority or influence for the purpose of intimidating, threatening, coercing, commanding, or influencing any staff member with the intent of interfering with that person’s duties, including the duty to disclose improper activity. 19of 37 CONDUCT WHILE REPRESENTING THE CITY Members shall make every effort to participate diligently in the activities of the agencies, boards, committees and commissions to which they are appointed. CONFIDENTIAL INFORMATION Pursuant to Kitchener Municipal Code Chapter 25 (Procedure)and authorized under Section 239 of the Municipal Act, 2001,where a matter discussed at an in-camera (closed) meeting remains confidential, no member shall disclose the content of that matter, or the substance of the deliberations of an in-camera meeting. Members shall not permit any persons, other than those who are entitled thereto, to have access to confidential information. Members shall not disclose or release by any means to any member of the public either in verbal or written form any confidential information acquired by virtue of their office, except when required to do so by law. Particular care should be exercised inensuring the confidentiality of the following types of information: the security of the property of the municipality or local board; personnel matters about an identifiable individual, including municipal or local board employees; a proposed or pending acquisition or disposition of land by the municipality or local board; labour relations or employee negotiations; litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; a matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act; items under negotiation, or personnel matters; information that infringes on the rights of others (e.g. sources of complaints where the identity of a complainant is given in confidence); price schedules in contract tender or Request For Proposal submissions if so specified; information deemed tobe “personal information” under the Municipal Freedom of Information and Protection of Privacy Act; statistical data required by law not to be released (e.g. certain census or assessment data); information supplied in confidence to the municipality by another level of government; 20of 37 third-party information supplied in confidence to the municipality (e.g., a trade secret or scientific, technical, commercial, financial or labour relations information); information (e.g., a trade secret or scientific, technical, commercial, or financial information) that belongs to the municipality and has monetary value; a position, plan, procedure, criteria or instruction to be applied to negotiations; and, any and all statements that have been provided in confidence or in-camera. The above list is provided as an example and is not exclusive. Requests for information will be referred to appropriate staff to be addressed as either an informal request for access to municipal records, or as a formal request under the Municipal Freedom of Information and Protection of Privacy Act. DISCREDITABLE CONDUCT Harassment may be defined as any behaviour by any person that is directed at or is offensive to another person on the grounds of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, age, disability, sexual orientation, marital status, or family status and any other grounds identified under the Ontario Human Rights Code. All members have a duty to treat members of the public, one another and staff appropriately and without abuse, bullying or intimidation, and to ensure that their work environment is free from racism,discrimination and harassment. The Ontario Human Rights Codeapplies, as does HUM-WOR-140(Respect in the Workplace). EMPLOYMENT OF COUNCIL RELATIVES Immediate relatives of elected officials shall not be employed by the City; and to this, the provisions of HUM-HR-110(Employment of Relatives) applies. FAILURE TO ADHERE TO COUNCIL POLICIES AND PROCEDURES A number of the provisions of this Code of Conduct incorporate policies and procedures adopted by Kitchener City Council. More generally, members are required to observe the terms of all policies and procedures established by Council. However, this provision does not prevent a member from requesting that Council grant an exemption from a policy, other than this Code of Conduct. GIFTS AND BENEFITS No member shall accept a fee, advance, gift or personal benefit that is connected directly or indirectly with the performance of his/herduties of office, unless permitted by the exceptions listed below. Notwithstanding the exceptions listed, no member shall accept monies or any instrument that can be converted into monies unless authorized by law. For these purposes, a fee or advance paid to, or a gift or benefit provided by a third party with the member’s knowledge to a member’s spouse, child (who is under the age of 18 years), is deemed to be a gift to that member. 21of 37 The following are recognized as exceptions: a)compensation authorized by by-law; b)gifts or benefits that normally accompany the responsibilities of office and are received as an incident of protocol or social obligation; c)a political contribution otherwise reported by law; d)services provided without compensation by persons volunteering their time; e)a suitable memento of a function honouring the member; f)food, lodging, transportation and entertainment provided by provincial, regional and local governments or political subdivisions of them; and, by the Federal government or the government of a foreign country; g)food, beverages and / or admission fees provided for banquets, receptions or similar events, if: i.attendance is resultant to protocol or social obligations that accompanies the responsibility of office; and, ii.the person extending the invitation or a representative of the organization is in attendance; h)communication to the offices of a member, including subscriptions to newspapers and periodicals. In the case of categories (b) (e) (f) (g)and (h),ifthe value of the gift or benefit exceeds $100, or if the total value received from any one source over any 12 month period exceeds $300, the member shall within 30 days of receipt of the gift or reaching the annual limit, file a disclosure statement with the Office of the City Clerk. The disclosure statement must indicate: 1.The nature of the gift or benefit; 2.Its source and date of receipt; 3.The circumstances under which it was given or received; 4.Its estimated value; 5.What the recipient intends to do with the gift; and, 6.Whether any gift will at any point be left with the City. All disclosure statements shall be a matter of public record. IMPROPER USE OF INFLUENCE 22of 37 No membershall use the influence of his/her office for any purpose other than for theexercise of his/her official duties. No member shall seek or obtain by reason of his/her office any personal privilege or private advantage with respect to City services not otherwise available to the general public and not consequent to his/her officialduties. Examples of prohibited conduct are the use of one’s status to improperly influence the decision of another person to the private advantage of oneself, or one’s immediate relative, staff members, friends, or associates, business or otherwise. This would include attempts to secure preferential treatment beyond activities in which members normally engage on behalf of their constituents as part of their official duties. Also prohibited is the holding out of the prospect or promise of future advantagethrough a member’s supposed influence in return for present actions or inaction. USE OF CITY PROPERTY, SERVICES AND OTHER RESOURCES No member shall use for personal purposes any City property, equipment, services, supplies or services of consequence other than for purposes connected with the discharge of City duties or associated community activities of which City Council has been advised. No member shall use information gained in the execution of his/her duties that is not available to the general public forany purposes other than his/her official duties. No member shall obtain financial gain from the use of City developed intellectual property, computer programs, technological innovations or other patentable items, while an elected official or thereafter. All such property remains the exclusive property of the City of Kitchener. No member shall use City property, services or other city-funded / city-sponsored / city- supported resources (e.g., Councillor columns, social media accounts) for the purposes of election campaigning, as outlined in Council Policy ADM-ELE-226 (Elections -Use of Corporate Resourcesfor Political Campaign Purposes). This does not include the use of personal social media/networking accounts registered publicly in the member’sname. COMPLAINT PROTOCOL The complaint protocol shall not retroactively apply to any alleged transgressions occurring prior to the date on which the Code of Conduct was formally adopted by Council. In accordance with Section 223.4.1 (3) of the Municipal Act, 2001no application for an inquiry under this section shall be made to the Commissioner during the period of time starting on nomination day for a regular election, as set out in section 31 of the Municipal Elections Act, 1996(the MEA) and ending on voting day in a regular election, as set out in section 5 of the MEA. In accordance with Section 223.4.1 (4) of the Municipal Act, an application may only be made within six weeks after the applicant became aware of the alleged contravention. In accordance with Section 223.4.1 (5) of the Municipal Act, despite subsection (4), an application may be made more than six weeks after the applicant became aware of the alleged contravention if bothof the following are satisfied: 23of 37 (1)The applicant became aware of the alleged contraventionwithin the period of time starting six weeks before nomination day for a regular election, as set out in section 31 of the Municipal Elections Act, 1996, and ending on voting day in a regular election, as set out in section 5 of that Act. (2)The applicant applies to the Commissioner under subsection (2) within six weeks after the day after voting day in a regular election, as set out in section 5 of the Municipal Elections Act, 1996. INTEGRITY COMMISSIONER Pursuant to Section 223.3 (1) of theMunicipal Act, 2001, the City of Kitchener shall appoint an Integrity Commissioner who reports to Council and is responsible for performing the following duties in an independent and consistent manner: (i) Advice:providing written advice to members of council, upon request, on their obligations under the Code; procedures, rules or policies of the municipality; and, the Municipal Conflict of Interest Act. (ii)Complaint Investigation:having the power to assess and investigate formal written complaints respecting alleged contraventions of the Code of Conduct; (iii)Complaint Adjudication:determining whether a member of Council or local board has in fact violated a protocol, by-law or policy governing their ethical behaviour; with the final decision making authority resting with Council as to whether the recommendation(s) of the Integrity Commissioner are imposed; (iv) Annual Reporting:providing Council, through the City Clerk, with an annual report on findings of complaint cases; (v) Launch Proceedings:having the power to launch its own proceedings to a judge against a member with respect to section 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act; and, (vi)Education:providing educational information to members, the municipality and the public about the municipality’s code of conduct and the Municipal Conflict of Interest Act. REQUESTS FOR ADVICE/EDUCATIONAL INFORMATION A request by a member of Council or of a local board for advice from theCommissioner shall be made in writing and emailed to integrity@adr.ca. If the Commissioner provides advice to a member of Council or of a local board, the advice shall be in writing and emailed to the member. If the Commissioner provides educational information to the public, the Commissioner may summarize advice he or she has provided but shall notdisclose confidential information that 24of 37 could identify a person concerned. Requests for educational information for the public should be made to the City Clerk. INFORMAL COMPLAINT PROCEDURE Individuals (e.g., municipal employees, members of the public, members of Council or local boards) or organizations, who have identified or witnessed behaviour or an activity by a member of Council, local board or advisory committee that they believe is in contravention of the Code of Conduct could address the prohibited behaviour or activity themselves as follows: (1) advise the member that their behaviour or activity appears to contravene the Code of Conduct; (2) encourage the member to stop the prohibited behaviour or activity; (3) keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information; (4) if applicable, confirm to the member that you are satisfied with the response you received; or advise the member of your dissatisfaction with the response; (5) consider the need to pursue the matter in accordance with the formal complaint procedure, or in accordance with another applicable judicial or quasi-judicial process or complaint procedure. Individuals and organizations are encouraged to initially pursue this informal complaint procedure as a means of stopping and remedying a behaviour or activity that is prohibited by the Code of Conduct. Note: A person is not required to undertake the informal complaint procedure prior to pursuing the formal complaint procedure. FORMAL COMPLAINT PROCEDURE 1. Application (1) All the provisions of this Section apply to a request for an inquiry by an individual or an organization other than a local board or Council as a whole. (2) Subsection 1(1) does not preclude individual members of Council or individual members of a local board from filing a formal written complaint. (3) Sections 5 to 11, except Subsections 6(1)(b) and 7(3), apply to a request for an inquiry made bya local board or Council as a whole. 2. Complaint 25of 37 (1) A request for an investigation of a complaint that a member has contravened the Code of Conduct (the “complaint”) shall be in writing. (2) All complaints shall be signed by an identifiable individual (which includes the authorized signing officer of an organization). (3) A complaint shall set out reasonable and probable grounds for the allegation that the member has contravened the Code of Conduct and includes a supporting affidavit (attached hereto as Appendix ‘B’) that sets out the evidence in support of the complaint. (4) Any commissioners for taking affidavits are authorized to take the supporting affidavit. 3. File with Clerk (1) The request for an investigation shall be filed with the City Clerk who shall forward the matter to the Integrity Commissioner for initial classification to determine if the matter is, on its face, a complaint with respect to non-compliance of the Code of Conduct; and not covered by other legislation or other Council policies as described in Subsection 3(3). Deferral (2) If the complaint does not include a supporting affidavit, the Integrity Commissioner may defer the classification until an affidavit is received. (3) If the complaint, including any supporting affidavit, is not, on its face, a complaint with respect to non-compliance with the Code of Conduct or the complaint is covered by other legislation or a complaint procedure under another Council policy, the Integrity Commissioner shall instruct the City Clerk to advise the complainant in writing as follows: a)if the complaint on its face is an allegation of a criminal nature consistent with the Criminal Code of Canada, the complainant shall be advised that if they wish to pursue any such allegation, they must pursue it with the appropriate police force; b)if the complaint on its face is with respect to non-compliance with the Municipal Conflict of Interest Act, the complainant shall be advised to review the matter with their own legal counsel; c)if the complaint on its face is with respect to non-compliance with the Municipal Freedom of Information and Protection of Privacy Act, the complainant shall be advised that the matter will be referred to the Manager of Corporate Records for review; d)if the complaint on its face is with respect to non-compliance with a more specific Council policy with a separate complaint procedure, the complainant shall be advised that the matter will be processed under that procedure; and, 26of 37 e)in other cases, the complainant shall be advised that the matter, or part of the matter, is not within the jurisdiction of the Integrity Commissioner to process, with any additional reasons and referrals as the Integrity Commissioner considers appropriate. For example, a complaint regarding a member of Kitchener City Council relating to their actions while serving on Regional Council would not be within the jurisdiction of the Integrity Commissioner, as the Region of Waterloo is a separate level of government; and the Integrity Commissioner will advise accordingly. Reports (4) The Integrity Commissioner may report to Council or a local board that a specific complaint is not within the jurisdiction of the Integrity Commissioner. (5) The Integrity Commissioner shall report annually to Council on complaints within the jurisdiction of the IntegrityCommissioner, but shall not disclose information that could identify a person concerned. (6) Should no complaints be received within a calendar year, the Clerk shall report to Council accordingly and no annual report shall be made by the Integrity Commissioner. 4. Refusal to Conduct Investigation (1) If the Integrity Commissioner is of the opinion that the referral of a matter to him or her is frivolous, vexatious or not made in good faith, or that there are no grounds or insufficient grounds for an investigation, the Integrity Commissioner shall not conduct an investigation, or, where that becomes apparent in the course of an investigation, terminate the investigation. (2)Complaints referred that are repetitious in nature, not germane to the Code of Conduct, deemed frivolous, vexatious, or without substance in the opinion of the Integrity Commissioner; shall not be advanced to an investigation stage. (3)Other than in exceptional circumstances, the Integrity Commissioner will not report to Council or a local board on any complaint described in Subsections 4(1) and 4(2) except as part of an annual or other periodic report. 5. Investigations (1) If a complaint has been classified as being within the Integrity Commissioner’s jurisdiction and not rejected under Section 4, the Integrity Commissioner shall investigate and may attempt to settle the complaint. Public Inquiries Act (2) Under Section 223.4(2) of theMunicipal Act, 2001, the Integrity Commissioner may elect to investigate a complaint by exercising the powers of a commission under Parts I and II of the Public Inquiries Act. 27of 37 (3) When the Public Inquiries Actapplies to an investigation of a complaint, the Integrity Commissioner shall comply with the procedures specified in that Act and this complaint protocol, but, if there is a conflict between a provision of the complaint protocol and a provision of the Public Inquiries Act, the provision of the Public Inquiries Actprevails. Complaint -Gifts and Benefits (4) Upon receiving a formal written complaint, not deemed to be frivolous or vexatious, that a gift or benefit was received contrary to the conditions set out herein, the Integrity Commissioner shall examine the disclosure statement to ascertain whether the receipt of the gift or benefitmight, in his/her opinion, create a conflict between a private interest and the public duty of the member. In the event that the Integrity Commissioner makes that preliminary determination, he/sheshall call upon the member to justify receipt of the gift or benefit. (5) Should the Integrity Commissioner determine that receipt of the gift or benefit was inappropriate, he/she may recommend that Council direct the member to return the gift, reimbursethe donor for the value of any gift or benefit already consumed, forfeit the gift or remit the value of the gift or benefit already consumed to the City; or such other action as the Integrity Commissioner deems to be appropriate. 6.Opportunity to Comment (1) The Integrity Commissioner will proceed as follows, except where otherwise required by the Public Inquiries Act: a)serve the complaint and supporting material upon the member whose conduct is in question with a request that a written response to the allegation be filed within ten days; and, b)serve the complainant with a copy of the member’s written response with a request that the complainant provide a written reply within ten days. (2) If necessary, after reviewing the written materials, the Integrity Commissioner may speak to anyone relevant to the complaint, access and examine any of the information described in Section 223.4(2) of theMunicipal Act, 2001 and may enter any municipal or local board work location relevant to thecomplaint for the purposes of investigation and settlement. (3) The Integrity Commissioner shall not issue a report finding a violation of the Code of Conduct on the part of any member unless the member has had 10 days notice of the basis for the proposed finding and any recommended sanction and an opportunity to respond in writing, within the same said 10 days, to the Integrity Commissioner on his/her findings and any recommended sanction. Interim Reports 28of 37 (4) The Integrity Commissioner may make interim reports to Council where necessary and as required to address any instances of delay, interference, obstruction or retaliation encountered during the investigation; or as otherwise deemed necessary by the Integrity Commissioner. 7. Final Report (1) The Integrity Commissioner shall report the general findings of his/herinvestigation to the complainant and the member no later than 90 days after the making of the complaint. That report shall indicate when the Integrity Commissioner anticipates presenting his/her recommended corrective action(s) for Council’s consideration. (2) Where the complaint is sustained in whole or in part, the Integrity Commissioner shall also report to Council or the local board, or both, outlining the findings, and/or recommended corrective action(s). (3) Where the complaint is dismissed, other than in exceptional circumstances, the Integrity Commissioner shall not report to Council or the local board except as part of an annual or other periodic report. Lawful recommendations (4) Any recommended corrective action must be permitted in law and shall be designed to ensure that the inappropriate behaviour or activity does not continue. (5) Section 223.3 of the Municipal Act, 2001authorizes Council to impose either of two penalties on a member of Council or local board following a report by the Integrity Commissioner that, in his/her opinion, there has been a violation of the Code of Conduct: a)a reprimand; or, b)suspension of the remuneration paid to the member in respect of his or her services as a member of Council or local board, as the case may be, for a period of up to 90 days. The Integrity Commissioner may also recommend that Council or a local board take the following actions: c)removal from membership from an advisory committee or local board; d)removal as Chair of a Committee or local board; e)repayment or reimbursement of moneys received; f)return of property or reimbursement of its value; or, g)a request for an apology to Council, the complainant, or both. 8. Member not Blameworthy 29of 37 If the Integrity Commissioner determines that there has been no contravention of the Code of Conduct or that a contravention occurred although the member took all reasonable measures to prevent it, or that a contravention occurred that was trivial or committed through inadvertence or an error of judgment made in good faith, the Integrity Commissioner shall so state in the report and shall recommend that no penalty be imposed. 9. Report to Council The City Clerk shall process the Integrity Commissioner’s report for the next meeting of Council or local board, or both. Said report shall remain confidential until the matter has received complete and final disposition by the Integrity Commissioner and has been reported out to the members of Council through the City Clerk. 10. Duty of Council / Local Board Council or a local board shall consider and respond to the report within 90 days after the day the report is laid before it. 11. Confidentiality A complaint will be processed in compliance with the confidentiality requirements in Section 223.5 of theMunicipal Act, 2001, which are summarized in the following subsections: a)the Integrity Commissioner and every person acting under his/herinstructions shall preserve secrecy with respect to all matters that come to his/her knowledge in the course of any investigation except as required by law in a criminal proceeding or in accordance with the provisions of Section 223.5(1) of theMunicipal Act, 2001. b)pursuant to Section 223.5(3) of theMunicipal Act, 2001, this Section prevails over the Municipal Freedom of Information and Protection of Privacy Act. c)if the Integrity Commissioner reports to the municipality or to a local board his/her opinion about whether a member of Council, a local board or advisory committee has contravened the applicable Code of Conduct, the Integrity Commissioner may disclose in the report such matters as in the Integrity Commissioner’s opinion are necessary for the purposes of the report. d)the municipality and each local board shall ensure that reports received from the Integrity Commissioner by the municipality or by the board, as the case may be, are made available to the public upon the matter being reported out to the members of Council. Neither the Integrity Commissioner nor any person acting under the instructions of the Integrity Commissioner is a competent or compellable witness in a civil proceeding in connection with anything done under this Part. e)if the Integrity Commissioner, when conducting an inquiry, determines that there are reasonable grounds to believe that there has been a contravention of any other Act or of the Criminal Code of Canada,the Integrity Commissioner shall immediately refer the matter to the appropriate authorities and suspend the inquiry until any resulting 30of 37 police investigation and charge have been finally disposed of, and shall report the suspension to Council through the City Clerk. 12. Integrity Commissioner Vacancy Should the office of Integrity Commissioner become vacant, the Code of Conduct remains in effect and all members shall abide by the provisions set out therein. When a vacancy occurs, all formal complaints shall be held in abeyance until such time as a new Integrity Commissioner has been appointed; or an interim measure enacted to enable the complaint to be addressed within a reasonable amount of time. For example the City could engage the services of an Integrity Commissioner from another local municipality as a potential interim measure. REPRISALS AND OBSTRUCTION Members shall respect the integrity of the Code of Conduct and investigations conducted under it. Any reprisal or threat of reprisal against a complainant or anyone for providing relevant information to the Integrity Commissioner is therefore prohibited. It is also a violation of the Code of Conduct to obstruct the Integrity Commissioner in the carrying out of his/her responsibilities, as, for example, by the destruction of documents or the erasing of electronic communications. 5.HISTORY OF POLICY CHANGES Administrative Updates 2016-06-01-I-005 policy template re-formatted to new numbering system and given number GOV-COU-005. Formal Amendments 2009-11-02-As per Council directive. 2019-06-24-As per Council directive. 31of 37 APPENDIX ‘A’ Advisory Committee Members’ Code of Conduct The purpose of an advisory committee is to provide informed advice and guidance, as well as to facilitate public input to City Council on programs and policies. In recognition of the impartial and objective advice received from advisory committees, as well as the challenges and inherent restrictions placed upon these same individuals in assessing and recommending various options in a conscientious and ethical manner, the following Code of Conduct is provided as a general standard for all advisory committeemembers to ensure they are acting in a manner that is appropriate with regard to his/hercommittee. The Advisory Committee Members’ Code of Conduct shall be applicable to all members of the City of Kitchener’s advisory committees, being: Arts and Culture Advisory Committee; Compass Kitchener; Cycling and Trails Advisory Committee; Downtown Action and Advisory Committee; Economic Development Advisory Committee; Environmental Committee; Equity and Anti-Racism Advisory Committee Heritage Kitchener;and Safe and Healthy Community Advisory Committee. 1.Advisory committee members shall, when conducting committee business, preparing written correspondence, interacting with the media, members of Council, staff or members of the public, act in a manner that accomplishes the following: a)fulfils the mandate and mission statement of his or her advisory committee; b)respects due process and the authority of the Chair, Vice-Chair or Presiding Officer; c)demonstrates respect for all fellow committee members, Council, staff and the public; d)respects and gives fair consideration to diverse and opposing viewpoints; e)demonstrates due diligence in preparing for meetings, special occasions, or other committee-related events; f)demonstrates professionalism, transparency, accountability and timeliness in completing any tasks or projects undertaken by the committee; g)conducts their duties and responsibilities in a manner that is consistent with the City of Kitchener’s commitment to equity, inclusion and anti-racism, whereby racism and oppression are not permissible at either an individual or systemic level, in accordance with policy GOV-COR-XXX (Equity, Inclusion and Anti-Racism) h)conforms with all relevant legislation, by-laws, policies and guidelines; and, 32of 37 i)contributes in a meaningful manner, offering constructive comments to Council, staff and fellow committee members. 2.A member of an advisory committee shall not: a)place them self in a position where the member is under obligation to any person who might benefit from special consideration or favour on their part or who might seek in any way preferential treatment; b)accord, in the performance of his or her official duties, preferential treatment to relatives or to organizations in which the member, his or her relatives have an interest, financial or otherwise; c)deal with an application to the City for a grant, award, contract, permit or other benefit involving the member, his or her immediate relative; d)place them self in a position where the member could derive any direct benefit or interest from any matter about which they can influence decisions; and, e)benefit from the use of information acquired during the course of his or her official duties which is not generally available to the public. 3.Advisory committee members shall complete all mandatory equity and anti-racism training required as per their position as outlined in the corporate-wide Equity and Anti- Racism Training Strategy. Volunteer members of advisory committees are required to complete all mandatory training within one appointment term (2 years); once all mandatory training is complete, advisory committee members are expected to take part in ongoing training opportunities throughout subsequent appointment terms as provided through the City. 4.A member of an advisory committee shall disclose immediately to the committee or the Committee Administrator, who would disclose to the committee, that the member could be involved in either a real or perceived conflict of interest as prohibited by the Code; and shall abide by any decision made by the committee, with respect to such conflict of interest without recourse. If a member is perceived or known to have a conflict of interest as prohibited by the Code and has not disclosed this to the committee; then that matter may be brought forward for the committee’s consideration. When such a matter has been brought forward, the committee, through a majority vote, would determine if the member is in a conflict position in accordance with the provisions of Section 2 of this Code. 5.Where an advisory committee member believes or has been advised by the committee that they have a conflict of interest in a particular matter, he/sheshall: a)prior to any consideration of the matter, disclose his or her interest and the general nature thereof; b)leave the room for the duration of time that the matter is being considered; c)not take part in the discussion of, or vote on any question or recommendation in respect of the matter; and, 33of 37 d)not attempt in any way whether before, during or after the meeting to influence the voting on any such question or recommendation. 6.Where the number of members who, by reason of conflict, are incapable of participating in a meeting such that the remaining members no longer constitute a quorum, as set out in KitchenerMunicipal Code Chapter 25(Procedure); then the remaining members shall be deemed to constitute a quorum provided there are not less than two members present. 7.Notwithstanding Section 2(c), members of Heritage Kitchener who own property designated under Part IV or Part V of the Ontario Heritage Actand are seeking consideration of a Heritage Permit Application (HPA) for said property are permitted to address the committee regarding their HPA; but, are prohibited from taking part in the committee’s deliberation and / or voting regarding that matter. 8.Should a member of an advisory committee breach any of the clauses set out herein, the City Clerk may refer the matter to Council who will consider whether to take any of the possible corrective actions, as outlined under Part 3 Subsection 7(5) of the Code of Conduct for Members of Council, Local Boards and Advisory Committees. 34of 37 APPENDIX ‘B’ FORMAL COMPLAINT PROCEDURE AFFIDAVIT Please notethat signing a false affidavit may expose you to prosecution under Sections 131 and 132 or 134 of the Criminal Code, R.S.C. 1985, c. C-46, and also to civil liability for defamation. AFFIDAVITOF_______________________________________________________\[Please print full name\] I, ___________________________________,of the_________________________ \[Full name\]\[City, Town, etc of\] in the ______________________________________________________________ \[Municipality of residence\] in the Province of OntarioMAKE OATH AND SAY\[or AFFIRM\]: 1. I have personal knowledge of the facts as set out in this affidavit, because ___________________________________________________________________ \[Insert reasons -e.g. I work for . . .orI attended the meeting at which . . . etc\]. 2. I have reasonable and probable grounds to believe that a member of Kitchener City Council or local board,_________________________________________________ \[Specify name of member\], has contravened section(s)___________________________of the Code ofConduct. \[Specify section(s)\] The particulars of which are as follows: \[Set out the statements of fact in consecutively numbered paragraphs in the space below, with each paragraph being confined as far as possible to a particular statement of fact. If you require more space, please use the attached Schedule ‘A’ form and check the appropriate box below. If you wish to include exhibits to support this complaint, please refer to the exhibits as Exhibit A, B, etc. and attach them tothis affidavit.\] _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 35of 37 _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ ___________________________________________________Please see the attached Schedule ‘A’ ( ) This affidavit is made for the purpose of requesting that this matter be reviewed and for no other purpose. SWORN \[or AFFIRMED\]before me at the \[City, Town, etc of\]_______________________) ) ________________________________in the ) ) Province of Ontario on this ________day of ) ) _________________________ , _________.) ) ____________________________________)\[Signature of Complainant\] ______________________________ \[Signature of commissioner\]) A Commissioner for taking affidavits, etc. ) 36of 37 PLEASE NOTE THAT SIGNING A FALSE AFFIDAVIT MAY EXPOSE YOU TO PROSECUTION UNDER SECTIONS 131 AND 132 OR 134 OF THE CRIMINAL CODE,R.S.C. 1985, C. C-46, AND ALSO TO CIVIL LIABILITY FOR DEFAMATION. Page ___ of ___. Schedule ‘A’ To the affidavit required under the Formal Complaint Procedure \[If more than one page is required, please photocopy this blank page and mark each additional page as 2 of 2, 2 of 3, etc. at the top right corner.\] ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ________________Schedule ‘A’ referred to in the affidavit of _______________________________\[full name\]) Sworn \[or Affirmed\]before me on this_________) day of ______________________ , ________.) ) ______________________________________)\[Signature of Complainant\] ______________________________ \[Signature of commissioner\]) A Commissioner for taking affidavits, etc. ) 37of 37 REPORT TO:Financeand Corporate Services Committee th DATE OF MEETING:August 9 , 2021 SUBMITTED BY:Suzanne Charles Watson, Director, Equity, Anti-Racism & Indigenous Initiatives PREPARED BY:Elin Moorlag Silk, Project Manager, Equity, Anti-Racism & Indigenous Initiatives WARD(S) INVOLVED:All Wards th DATE OF REPORT:July 29, 2021 REPORT NO.:COR-2021-21 SUBJECT:Equity & Anti-Racism Advisory Committee to Council RECOMMENDATIONS: That Council approve the creation of an Equity and Anti-Racism Advisory Committee to Councilas outlined in Appendix A of COR-2021-21; and, That Council approve the creation of an interim Nominating Committee to review and select applicants for theinaugural membership appointments to the Equity and Anti- Racism Advisory Committee; and further, That Council support areview of the current Nominating Committee responsible for all Council Advisory Committee appointmentsthrough an equity and anti-racism lens to ensure diverse representation for future Nominating Committee appointments REPORT HIGHLIGHTS: The purpose of this report is to provide Council witharationaleand proposed implementation planfor the creation of an Equity and Anti-Racism Advisory Committee to Council. This advisory committee will serve as a continuation of the grassroots community involvement as Equity and Anti-Racismwork is developed and implemented at the City andwillprovide a mechanism of community accountability for the recommendations and actions that have come out of the Mayor’s Task Forceon Equity, Diversity and Inclusion. In the development of this proposed Advisory Committee, all members of the Task Force were engaged in discussionsfocused on mandate, membership priorities, potential recruitment strategies, and nomination preferences This report supports the theme A Caring Communitywithin the Corporate Strategic Planas one element of the work developed by the Mayor’s Task Force on Equity, Diversity and Inclusion *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: In September 2019, the City launched the Mayor’s Task Forceon Equity, Diversity and Inclusion. The Task Force is comprised of 45 members, who themselves are made up of four groups: community volunteers (selected through an application process), representatives from community organizations, City staff, and members of City Council. Members of the TaskForcewereselected to join based on subject knowledge and expertise, experience with community organizing, engagement or advocacy, and/or lived experiences they brought to the work.A particular focus in the selection process was to ensure ample representation from equity-seeking groups who themselves have experienced oppression, racism, marginalization and/or exclusion. Now that the Mayor’s Task Force on Equity, Diversity, and Inclusion has wrapped upas of June 2021, it is arecommendation of thetask force that an Equity and Anti-Racism Advisory Committee be permanently established as an advisory committee to Council. This committee will serve as a continuation of the grassroots involvement as Equity and Anti- Racismwork is developed and implemented atthe City and can provide a mechanism of community accountability for the recommendationsof the Task Force,and future related actionstaken by the City. In the development of this proposed Advisory Committee, all members of the task force were engaged ina discussion focused on mandate, membership priorities, recruitment strategiesand nomination processes. REPORT: TheproposedEquity and Anti-Racism Advisory Committee will fulfil an advisory role, providing advice and recommendations to Council on matters related to equity and anti- racism to support and further the City’s strategic directions. These meetings will be open to thepublicsimilar to other advisory committees to Council, though given the nature of this topic, staff will explore opportunities to hold confidential meetings when necessary. This advisory committee will ensure ongoing grassroots community involvement as work related to equity and anti-racism is developed and implemented at the City. This advisory committee willfurther provide a mechanism of community accountability for the Equity, Anti-Racism and Indigenous Initiatives divisionthrough regular collaboration and monthly updates from the team about ongoing and upcoming work. Membership on this Advisory Committee will include between 8 and 12 citizen community members who live, work, attend school and/or own property in Kitchener and willprioritize voices who have been historically underrepresented or excluded, including Black, Indigenous, racialized, 2SLGBTQ+ identified, people with disabilities, religious minorities, and the intersections of these identities. Consideration will also be given to diversity of age, education, lived experience and expertise related to social issues. Responsibilities of this Advisory Committee will include the following: a)Advise Council on equity and anti-racism issues in collaboration with the Equity, Anti-Racism and Indigenous Initiatives team. b)Support the Equity, Anti-Racism & Indigenous Initiatives team as a resource, a sounding board, and to provide review, collaboration, and feedback on ongoing work. c)Surface things that are happening in the community and help identify community priorities for equity and anti-racism work happening at the City. d)Serve as a conduit to the larger community when additional feedback and engagement is required related to equity and anti-racism work at the City. e)Support, provide review, collaboration and feedback on equity and anti-racism issues across all departments at the City. f)Serve as the selection committee forthe Community Grant program for Black, Indigenous and Racialized groups and organizations.(Note: this grant program will be considered by City Council in September 2021and is subject to their approval) See Attachment Afor a detailed draft Terms of Reference developed for this advisory committee, which includes responsibilities, composition, appointments, meetings, reporting and decision-making. Relationship to City Council It has been strongly recommended by members of the Task Force thatmembers ofCity Council do not sit on this advisory committee in order to ensure frank and open discussion and to truly prioritize the diverse voices of community membersfrom an equity and anti- racism lens.In particular, concerns were expressed about the power imbalance that exists between members of City Council and the community volunteers appointed tothis advisory committee, and that this power imbalance wouldimpede members’ ability to fully participate on the committeein an honest and transparent manner. Although members of City Council will not have an official seat on the advisory committee, mechanisms of Council inclusion will be put in place to ensure open channels of communication and opportunities forupdates onan ongoing basis. Recruitment and Appointmentfor the Advisory Committee Open recruitment for all eligible community members will be undertaken through an application process which will include the voluntary collection of demographic data from all applicants. Analysis of this demographic data will be a significant driver in the selection of candidates for this committee,along with the lived experiencesand expertise brought by the applicants. As the application process is underway, demographic representation will be assessed on an ongoing basis, and if gaps in representation areevident, additional recruitment efforts will be made through outreach to specific communities with an invitation to apply. Members will be selected by aninterimNominating Committee and appointed by Council for an inaugural transitional term of 11 months(December 2021 –November 14th, 2022), after which members will serve two-year terms in coordination with all other advisory thnd committee appointments. Between August 30and November 22, 2021, recruitment, selection and nomination processes will proceed, with the first term of this committee starting st by December 1, 2021. Staff Support Staff support for this committee will be provided by members of the Equity, Anti-Racism and Indigenous Initiatives team within the Corporate Services Department, which will be organized at the discretion of the Directorof that team.Staff support will be provided for the facilitation of meetings and all administrative aspects related to the running of meetings. Staff will play a neutral role on this committee and will not have voting privileges. Appointment of an Equity & Anti-Racism Nominating Committee In order tofacilitate a nomination and appointment process for the creation of an Equity and Anti-Racism Advisory Community that fits with the vision of the task force members, it is recommended that an interimNominating Committee be appointed. This interim nominating committee will operate in accordance to the guidelines specified in GOV-BOA-063: Appointments to Boards & Committees, and will be made up of community members who bring a diversity of voices not currently represented in the existing Nominating Committee. Itis recommendedthat membership for this interim Nominating Committee be made up of community members who sat on the Mayor’s Task Force on Equity, Diversity, and Inclusion, who themselves were vetted through a comprehensive application process and who would bring knowledge and expertise of the work that would be a benefit for this inaugural nomination process. If approved, an invitation for expression of interest for this opportunity willbe sent out to all community members who were part of the Mayor’s Task Forceon Equity, Diversity and Inclusion, and names of interested members willthen be brought to Council for appointmentby the Equity, Anti-Racism and Indigenous Initiatives team. Review of Current Nominating Committee & Processes of Appointment It is recommended that City staff undertake a review of the current nominating committee terms of reference(GOV-BOA-101)and appointment process from an equity and anti- racism lens, and make recommendations based on this review for strategies to increase diversity of representation. Any recommendations to come out of this review requiring changes or amendments to the current procedures or processeswill be brought to Council for consideration and approval. STRATEGIC PLAN ALIGNMENT: This report supports the theme A Caring Communitywithin the Corporate Strategic Plan as one element of the work developed by the Mayor’s Task Force on Equity, Diversity and Inclusion FINANCIAL IMPLICATIONS: Capital Budget–The recommendation has no impact on the Capital Budget. Operating Budget–The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM –This report has been posted to the City’s website with the agenda in advance of the council / committee meeting. COLLABORATE –This Advisory Committeewas developed in collaboration with members of the Mayor’s Task Force on Equity, Diversity and Inclusion, which is predominantly comprised of community members, whose lived experiences and expertise in a wide variety of areas directly informed the direction, scope and contents of the Terms of Reference, mandate, and proposed nomination process. APPROVEDBY: Victoria Raab,General Manager, Corporate Services Department ATTACHMENTS:Attachment A –Equity and Anti-Racism Advisory Committee Terms of Reference EQUITY AND ANTI-RACISM ADVISORY COMMITTEE TERMS OF REFERENCE 1.Purpose The purpose of the Equity and Anti-Racism Advisory Committee is to: a)Fulfil an advisory role, providing advice and recommendations to Kitchener City Council on matters related to equity and anti-racism to support and further the City of Kitchener’s strategic directions. b)Support the Equity, Anti-Racism and Indigenous Initiatives team as a community accountability mechanism. c)Ensure ongoing grassroots community involvement as work related to equity and anti-racism is developed and implemented at the City. 2.Definitions Anti-Racism:Working to understand and dismantle racism. It is a change and transformation focused practice and requires action. It’s not anti-racism if a conversation isn’t followed by concrete actions and accountability. Equity: An equity approach seeks to create the conditions for fair and equal access and opportunity for everyone, by addressing discriminations, exclusions and barriers experienced by distinct groups. Equity is not the same as equality, nor is it the same as inequality. 3.Responsibilities The Equity and Anti-Racism Advisory Committee will: a)Advise Council on equity and anti-racism issues in collaboration with the Equity, Anti-Racism and Indigenous Initiatives team. b)Support the Equity, Anti-Racism & Indigenous Initiatives team as a resource, a sounding board, and to provide review, collaboration, and feedback on ongoing work. c)Surface things that are happening in the community and help identify community priorities forequity and anti-racism work happening at the City. d)Serve as a conduit to the larger community when additional feedback and engagement is required related to equity and anti-racism work at the City. e)Support, provide review, collaboration and feedback on equity and anti-racism issues across all departments at the City. g)Serve as the selection committee for the Community Grant program for Black, Indigenous and Racialized groups and organizations(Note: this grant program will be considered by City Council in September 2021and is subject to their approval) Approved \[Date\] 4.Composition and appointments a)Membership includes no less than 8 and no more than 12 citizen community members wholive, work, attend school and/or own property in Kitchener and represent voices who have been historically underrepresented or excluded, including Black, Indigenous, racialized, 2SLGBTQ+ identified, people with disabilities, religious minorities, and the intersections of these identities. Consideration will also be given to diversity of age, education, lived experience and expertise related to social issues. b)Members will serve a period of 2 years, up to a maximum of 8 years. c)Members of City Council will not have an official seat on the committee, but mechanisms of inclusion will be in place to ensure open channels of communication and opportunities for ongoing updates to be provided between the advisory committee and members of City Council d)Staff support for this committee will be provided by members of the Equity, Anti- Racism and Indigenous Initiatives team, which will be organized at the discretion of the Director of that team. Staff support will includethe facilitation of meetings and all administrative aspects related to the running of meetings. Staff will play a neutral role on this committee and will not have voting privileges. 5.Meetings a)Meetings will be held monthly and are open to the public b)Given the nature of and potential sensitivity of equity and anti-racism work, staff will explore opportunities to hold confidential meetings when necessary,drawing from the criteria outlined in section 239 of the Ontario Municipal Act (2001), subsection (2), (3) and (3.1). If ameeting or part of a meeting willbe closed to the public,the committee shall state by resolution the fact of the holding of the closed meeting and the general nature of the matter to be considered at the closed meeting, or in the case of a meeting beingclosed for the purpose of educating or training the members (subsection 3.1), the general nature of its subject matter and that it is to be closed under that subsection. c)To support a collaborative approach to agenda setting where all members have a voice, time will be reserved during each meeting to set the agenda for the next meeting. d)Members are expected to attend all meetings. Members missing two consecutive meetings, or more than four meetings total, will be contacted for a confirmation of commitment. Members who cannot attend meetings and/or otherwise fulfill the duties outlined in the terms of reference and volunteer role description will be asked to step down. Approved \[Date\] 6.5.1 Ad-hoc meetings and/or subcommittees Ad-hoc meetings and/or sub-committees are formed if necessary with a mandate to address specific issues related to equity and anti-racism in Kitchener. 7.Reporting and decision-making a)The committee reports to City Council as required b)The committee serves as an accountability mechanism for the Equity, Anti-Racism and Indigenous Initiatives division within Corporate Services through regular collaboration and monthly updates from the Equity, Anti-Racism and Indigenous Initiatives team about ongoing and upcoming work c)The committee strives to make decisions through consensus. If consensus cannot be reached, the decision will be made by a vote and simple majority is required. Staff will not have a vote. 8.Review Terms of reference will be reviewed by the advisory committee at least once per term and updated as required. Approved \[Date\] REPORT TO:Finance and Corporate Services Committee DATE OF MEETING:August 9th, 2021 SUBMITTED BY:Niall Lobley,Director of Parks & Cemeteries, PREPARED BY:Niall Lobley, Director of Parks & Cemeteries, Cory Bluhm, Director Economic Development, Kim Kugler, Director, Sport, Mark Parris, Landscape Architect WARD(S) INVOLVED:5 (ALL) th DATE OF REPORT:July 29, 2021 REPORT NO.:INS-2021-6 SUBJECT:RBJ Schlegel Sponsorship Funding 2020/2021 __________________________________________________________________________ RECOMMENDATION: That staff allocate the 2020and 2021RBJ Schlegel sponsorship funding tosupport the development of Phase Two amenities at RBJ Schlegel Park, the Huron Road entry signage and the installation of Cricket netting; and, That staff report back to Council on a recommended approach to future allocations of RBJ Schlegel sponsorship funding. BACKGROUND: On May 7, 2018 a sponsorship and naming rights agreement was completed between the City of Kitchener and Schlegel Urban Developments Corp(Sponsor). The Sponsor will contribute $230,000.00 annually over a period of ten (10) years beginning from the Park Opening Date. The City agreed to officially name the site RBJ Schlegel Park for a forty (40) year period, in addition to three (3) sportsfields for a ten (10) year term. The City retains the right to name all other amenities separately, including the indoor recreation centre. Use of the funding is at the sole discretion of the city, guided by the sponsorship policy ‘GOV-COR-2000-Municipal Sponsorship’. Within the policy there are four (4) possible streams to which the funding can be allocated: 1.Improving the sponsored program and/or audience experience; 2.Direct servicing costs of any sponsorship arrangement (e.g. the preparation of partner/facility signage, official announcement events, changing names on publications, etc.) and program implementation costs (e.g. staff, overhead, admin expenses, or marketing); *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 3.Administrative costs associated with the Office of Strategic Partnerships; 4.Deposited to a reserve account for future investments in the community. The official park opening date was finalized as September 6, 2020. The city invoiced the full annual amount on September 10, 2020 and is currently unallocated. The 2021 paymentwill be received in early September. REPORT Staff have identified a number of pressuresat RBJ Schlegel beyond capacity of existing approved budgetsthat could be alleviated by the allocation of the 2020 and 2021 sponsorship to the ongoing RBJ Schlegel park project. Huron Road Entry Sign An entry sign concept has been developed for the Huron Road entry to the site. This is currently the primary access to the site, though, in later years, once access is obtained from Fisher Hallman, this will become a secondary access. The need for an entry sign stems both from the significance of the park, but also it is embedded within the sponsorship agreement; there is a commitment to have the site name at the entrances. Broad consensus with the Schlegel Family on the nature and design of the sign has been reached, however, budget to implement the signage is not within the scope of the existing RBJ Schlegel project. The total cost of the signage is estimated at between $55,000 and $70,000 and will be a significant sign promoting the park, drawing design comparisons with the other City-wide parks, Kiwanis, McLennan, Huron Natural Area and Victoria Park. This work aligns with bullet 2 above, in so far as these are costs associated with servicing the sponsorship agreement. Cricket Field Netting The natural turf cricket field was planned and constructed as a 110m diameter field with artificial pitch. Clearances to the adjacent residential property line and splashpad/playground are approximately 130m diameter, including retaining walls between 2-3m in height. The field was closed for the entire2020 Fall season to allow for seed to properly establish. This is a good size field, but is, by necessity of the site, not a full-sized field. In early spring based on user feedback, staff identified that skilled players were able to strike the ball and carry to the splash pad area and neighbouring residential properties. On this basis, it was agreed that the field should be used for youth programming only. However, as has become apparent through 2021, there is a strong community desire to use the field and recreational play is routinely occurring. As this is not controlled through an organised and affiliated sports group and not subject to booking, staff are seeing concerns around ball strikes carrying to areas of the park where they could strike users. An adjustment to the alignment of cricket square by rotating it and adding protective netting is the preferred option understanding the city cannot control all use of the field. It is estimated that this rotation of the pitch and addition of fencing would cost around $70,000At a minimum, netting will be designed along the northern property boundary (~70m), and along the splashpad/playground walls (~40m). There are no conflicts projected with Phase 2 amenities. Netting will be similar if not match the netting installed on the western artificial turf field spanning the Union Gas corridor.This work aligns with bullet point 1 above, improving the audience experience. Phase 2 Outdoor Amenities The Phase 2 outdoor amenities are currently under tender, with an anticipated award in August or September. These amenities consist of a number of courts (tennis, pickleball and basketball) being added to the site and are considered through the master planning for the park. However, in late 2020 it was recognisedthat a change in scope to eliminate parking areas that were surplus to the needs of the sitewould provide significant added parkland value to RBJ Schlegel and so a comprehensive redesign of Phase 2 was engaged. This eliminated a roadway, parking and the required supporting infrastructure (lighting and stormwater) and added dedicated pickleball courts, a pedestrian promenade areas and pedestrian scale lighting to enhance evening and event use of the plaza area. While it is envisaged that this rescopingcan be largely accommodated within the existing contingency identified for Phase 2, it does place pressure on provisional items such as a shade structure andcoloured playing surfaces for the courts. In addition, staff are experiencing increases in contract pricing in many areas as a result of the direct and indirect impacts of COVID-19. Through allocating additional capital to these projects, aligned to stream 1 of the sponsorship funding,will provide greater flexibility in managing Phase 2 amenity works.At this time, it is not known how much additional funding may be required to support this work; this will be highlighted within provisional items in the Phase 2 tender work. This work aligns with bullet point 1 above in that it improves the sponsored program. Future use of Sponsorship Funding The Office of Strategic Partnerships has not yet developed a recommended approach to the future allocation of the RBJ Schlegel Sponsorship funding across the four approved streams. It is anticipated that this work will be undertaken in 2023 with a future recommendation to come to Council. RECOMENDATION It is proposed that the 2020 and 2021 sponsorship money be fully allocated to support the three projects identified above; entry signage, cricket netting and Phase 2 park works. Through 2021 and 2022 the Office of Strategic Partnership (OSP) will propose a proportional breakdown for sponsorship over the four identified streams. COMMUNITY ENGAGEMENT: INFORM: This report has been posted to the City’s website with the agenda in advance of the council / committee meeting. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: This report supports the delivery of core service. FINANCIAL IMPLICATIONS: The sponsorship revenue in 2020 and 2021 sums to $460,000. It is proposed that up to: $85,000 be allocated toward signage (allowing for contingency) $85,000 be allocated toward cricket field improvements and netting (allow for contingency) and, The balance, or$290,000, (which ever is lesser), be made available to support the award of the tender and provisional items within Phase 2. Any funds unused will remain available for future use as per the sponsorship agreement As these funds are currently unallocated, there is no net impactto approved budgets or existing project scope. ACKNOWLEDGED BY: Denise McGoldrick, General Manager, Infrastructure Services