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HomeMy WebLinkAboutCtee of the Whole - 1996-10-30CW\1996-10-30 COMMITTEE OF THE WHOLE MINUTES OCTOBER 30, 1996CITY OF KITCHENER The Committee of the Whole held a special meeting at 2:10 p.m. this date which was Chaired by Mayor R. Christy with all members of Council present. Others Present: Ms. V. Gibaut, Messrs J. Gazzola, R.W. Pritchard, T. McCabe, J. Hancock, T. Clancy, E. Kovacs, J. Shivas and G. Sosnoski. Mayor R. Christy explained that the purpose of the meeting was to give senior staff an opportunity to share with Council their thoughts and ideas concerning the need for a Chief Administrative Officer (CAO), the management style of any future CAO, the current CAO by-law and any suggested changes, and the CAO selection process. In this regard, Council was in receipt of Chapter 111 (Chief Administrative Officer) of the City of Kitchener Municipal Code. Council was also in receipt this date of a report outlining the core services provided by the City of Kitchener and grouped by department along with a description of each service category. Councillor J. Ziegler suggested that the CAO should be hired on a contract basis and not be entitled to a sick leave payout; however, he acknowledged that if the appointment is made from existing staff it may not be possible to approach the hiring in this fashion. He suggested that any external advertisement should include reference to the contract and indicate there will be no sick leave payout. Councillor Ziegler also suggested that there should be some discussion as to limiting the power of the CAO. Councillor B. Vrbanovic suggested that when appropriate, Council should discuss the actual job posting at an in-camera session. Councillor Jake Smola questioned whether the entire issue of the CAO hiring and by-law amendments should be delayed until after completion of the 1997 budget process. A general discussion then took place concerning the appropriate method and timeframe for dealing with the core services report before Council this date. Mr. J. Gazzola suggested that Council and senior staff review the report and identify any additional information required on specific areas. Councillor Jake Smola questioned whether it is Council's intention to deal with the core services report prior to the 1997 budget process in order to avoid having to deal with both issues concurrently. Councillor G. Lorentz suggested setting a day aside in December or early January to concentrate on the core service issue alone. Councillor Jake Smola argued that items in the report of concern to Council should be isolated prior to the budget review. Councillor M. Yantzi stated that he is skeptical concerning the value of the core services report as a budget or service rationalization tool, and expressed concern over particular services being targeted out of context. Councillor B. Vrbanovic suggested that Council should first decide whether it wishes to consider the report in the context of the budget process, and expressed the hope that the identification of core services will lead toward the City's adoption of activity based budgeting. Councillor Vrbanovic also suggested that a future agenda should include discussion as to how to enhance Council/senior management teamwork. Discussion then took place concerning the various issues surrounding hiring of a new Chief Administrative Officer. Councillor M. Yantzi questioned whether it is appropriate at this time for staff to offer input on the CAO position, and suggested that a questionnaire could be circulated in this regard, and if desired, responded to anonymously. Councillor M. Wagner requested a history of the City's administrative process with regard to the Chief Administrative Officer, or comparable positions. Mr. R.W. Pritchard outlined the four types of administration used by the City in the past. He advised that the earliest example made no provision for a CAO, and the City Clerk exercised a co-ordinating role. At that time, there was also an A/B Committee structure which proved to be unworkable. In 1967 Kitchener adopted the City Co-ordinator system under J.R. Darrah, which worked reasonably well until mid-1980 at which time the City switched to the Chief Commissioner concept utilizing Department Heads as Chief Commissioners on a rotational basis. Mr. Pritchard noted that the Chief Commissioner of the day did not have enough power to properly exercise his role and the system did not work well. The Chief Commissioner concept was then replaced by the decision to hire a Chief Administrative Officer. Mr. Pritchard offered the opinion that the City does need a CAO as the administration cannot function efficiently or responsibly without one. Councillor M. Wagner agreed that the City does need a CAO, and suggested that it is inappropriate at this time to have senior staff comment on the appropriate management style for this position. T. Clancy indicated his support for the CAO system, and noted that the biggest change in Council/staff relations over the past few years is the role Council wishes to play in administrative matters. He COMMITTEE OF THE WHOLE MINUTES OCTOBER 30, 1996- 14 -CITY OF KITCHENER suggested that Council should first make a decision concerning its role and then hire a CAO with a complementary style. Mr. E. Kovacs suggested that, in his experience, operating under a Committee system dissolves administrative responsibility and indicated his support for a CAO system. He suggested that one reason for a CAO is to bring divergent interests together, especially in times of budgetary constraint. V. Gibaut suggested that staff need the direction provided by a CAO, and the Council needs to develop a vision for the municipality and then select a CAO who can bring this about. She strongly urged that the CAO should have a knowledge of the culture of the Kitchener community, and that it is inappropriate to apply external standards to a community as distinct as Kitchener. Mr. J. Gazzola stressed the need for a CAO with vision and administrative abilities who can act as an arbitrator in regard to cross-departmental interests. He suggested a successful CAO should adopt a team approach, and often functions in the role of a coach. He stated that the Chief Commissioner system referred to earlier by Mr. Pritchard forces the CAO of the day to wear two hats, one as the head of administration, and the second as an individual department head. He stated that this is particularly problematic during the budget process. Mr. Gazzola offered the opinion that an autocratic leader will not function well in the long term and that a team based approach to leadership is required. Fire Chief J. Hancock suggested that a CAO should have something of an entrepreneurial orientation, in the sense that he is prepared to take risks in dealing with the changes facing municipal government. In this regard, he should be a creative thinker who will allow mistakes by staff which could occur in the course of taking appropriate risks. Mr. J. Shivas suggested a CAO with authority is required, and one who can foster good working relationships between staff and Council. He stated that such a person would allow opposing viewpoints to be expressed and discussed, and would encourage reporting to Council on alternative courses of action. Mr. Shivas suggested that an ideal CAO would be a team player who is results oriented, and who is willing to stand up for staff and the staff position. Mr. T. McCabe stated that he does not feel a CAO is necessary; however, this depends on the authority Council wishes to invest in the position. He offered the opinion that a City Co-ordinator worked well in the past, but should Council decide to hire a CAO, this person should be a genuine team builder, as one of the faults of management staff in the past has been an over-emphasis on the needs of individual departments. Mr. R.W. Pritchard suggested that Council should encourage staff to advance the best administrative recommendations, regardless of political acceptability and discourage them from making recommendations on the basis of what is politically feasible. He suggested that this is inappropriate, and is more rightly the role of elected representatives. Councillor C. Weylie questioned the feasibility of a contract position to coincide with the term of Council. Mr. T. Clancy replied that a contract may limit interest in the position, and that Council may be paying for the convenience of a short-term contract. Mr. Clancy also suggested that a definition has to be developed of the role of the CAO and administration in relation to the role of Council. Ms. V. Gibaut questioned the suitability of a contract position, and pointed out that this arrangement would be new to staff and might negatively influence the relationship between the CAO and senior management on the basis that the CAO could be replaced in three years time. Mr. E. Kovacs added that in his estimation a short-term contract would not foster the team approach which is required to create and maintain a successful administration. Mr. T. McCabe referred to the common perception that contract employees are usually hired to "slash and burn" with little or no compassion, and this would likely be the perception of City staff. Councillor G. Lorentz argued that a contract would allow for easier and less costly dismissal of the incumbent CAO should this prove necessary. He also pointed out that this is how many top executives are hired, with contracts being renewed if the incumbent is doing a good job. Councillor K. Redman questioned what is required to encourage a more risk-taking orientation, and Mr. T. McCabe replied that a corporate vision and strategic plan is a fundamental requirement in this regard. He pointed out that department priorities could then be matched against such a vision or plan, noting that at present there is no such plan for individual departments to fit into, as there are missing links between departments and between staff and Council. Fire Chief J. Hancock pointed out that some risks relate to strategic alliances between departments, which are required to take place from time to time without changing the formal administrative structure. Such alliances allow the municipality to deal effectively with corporate issues on an other than strictly departmental basis. Mr. T. Clancy referred to the concept of justifiable risk taking, and stressed the need to develop strategic planning to focus on issues of interest to the municipality which would have an effect on the budget and day to day department activities. A discussion then took place concerning Chapter 111 (Chief Administrative Officer) of the Municipal Code. Mayor R. Christy asked whether any provisions in the by-law are contrary to the type of CAO COMMITTEE OF THE WHOLE MINUTES OCTOBER 30, 1996- 15 -CITY OF KITCHENER envisioned by senior staff. The discussion then focused on Article 7 (Authority). Councillor B. Vrbanovic stressed the importance of a strong CAO by-law and the development of distinct roles for Council and senior management. He suggested that the by-law should not dilute the authority of the CAO, and referred to by-laws from other municipalities which he had previously circulated to members of Council. He suggested that a CAO must give clear and good advice to Council and should not be prevented from doing so by restrictions in the by-law. Councillor G. Lorentz pointed out that Council is a body of elected officials and does not function like the Board of Directors of a private corporation. He stressed that Council has an obligation to the community which exceeds the bottom line approach of the private sector. Councillor Lorentz expressed an interest in having Mr. Pritchard research and report on all changes to the CAO by-law over the past few years, and stressed that this is an opportunity for Council to seriously examine the by-law and consider any appropriate changes. Councillor T. Galloway advised that he does not necessarily support major changes to the by-law, and definitely does not support any weakening of the CAO's authority. Councillor Galloway expressed the opinion that hands on management of the administration is not the role of Council, and that Council should not fill a void created by any diminishing of the CAO's authority. He stated that in his view, the CAO by-law is one way of defining the distinct roles of Council and staff. Councillor M. Wagner suggested that the by-law should be reviewed, but the authority of the CAO should not be diluted. Councillor Wagner enquired as to who drafted the original by-law, and Councillor J. Ziegler replied that Mr. T. McKay wrote the by-law. Mayor R. Christy added that Mr. McKay was asked to do so by the Council of the day. Mr. R.W. Pritchard offered to research and provide an overall history of the by-law and its amendments over the past ten year period. Mr. J. Shivas advised that the amendments referred to in Chapter 111 stem from a 1987 by-law which blended both the 1973 by-law and changes suggested by Mr. McKay. Mr. T. McCabe pointed out that section 7.9 (d) relating to the CAO's authority over job evaluation was no longer relevant once the City moved to the existing job evaluation system. Councillor J. Ziegler suggested that the City needs a CAO; however, in order for the CAO to build team spirit, there is need to both amend the by-law to reflect this team approach and to allow a diversity of opinion and access to Council without filtering of these diverse opinions. Council agreed to a suggestion by Councillor M. Yantzi that senior staff be invited to review and offer suggestions concerning revisions to the CAO by-law. A discussion then took place concerning the selection process for the hiring of a new CAO. Councillor Jake Smola offered the opinion that this discussion should take place in-camera and Mr. J. Shivas offered the opinion that this type of general discussion would not necessarily be appropriate in the context of an in-camera meeting. Councillor G. Lorentz suggested that at minimum a timeframe for the process should be discussed this date. Mr. T. McCabe enquired as to how Council would characterize the ideal CAO, and Councillor Vrbanovic acknowledged that Council has to develop a position in this regard. Councillor T. Galloway responded indicating that in his opinion the ideal CAO would be someone who is willing to stand up to Council where necessary, and will put forward the management perspective while allowing for dissenting opinions. Mayor R. Christy suggested that this Council has a responsibility to replace the CAO prior to the expiry of its term, and in this regard, he suggested a May 1, 1997 target. It was agreed that Council would receive comments from senior staff concerning possible amendments to the existing CAO by-law, as well as comments on the selection process by Friday, November 8. A report was also requested from Mr. R.W. Pritchard concerning the history of the creation and amending of the existing CAO by-law. Further discussion then took place concerning the core services report. Mayor R. Christy referred to an earlier discussion concerning the grouping of City services under the following headings: Core Services; Value Added Services; Added Quality Services. Mr. J. Gazzola referred to his report and pointed out the difficulty of reaching consensus in this regard given the fact that there are over 1,000 services listed. He suggested that Council concentrate its efforts on services which are not core services, being those which the City must provide, and request additional information on these where required. Councillor B. Vrbanovic suggested that the sub-committee previously struck should meet prior to November 18 to identify areas where more information is required, with Council meeting as the Committee of the Whole on November 18, 1996. Councillor T. Galloway suggested that it is futile to COMMITTEE OF THE WHOLE MINUTES OCTOBER 30, 1996- 16 -CITY OF KITCHENER attempt to categorize the multitude of services and reach consensus in this area. He suggested that members of Council review the report privately, and obtain additional clarification where required, rather than having the sub-committee review the report first. It was agreed that a special Committee of the Whole meeting would be called for November 18, 1996 from 2:30 p.m. to 5:30 p.m. and be held at either the Rockway or Doon Golf Club. In addition, Council was asked to submit requests for additional information to Mr. Gazzola no later than November 6, 1996. On motion, the meeting adjourned at 4:10 p.m.