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HomeMy WebLinkAboutCOR-2024-394 - Nominating Committee - Reappointments for 2024-2026 Corporate Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: September 16, 2024 SUBMITTED BY: Amanda Fusco, Director of Legislated Services, 519-741-2200 ext. 7809 PREPARED BY: Amanda Fusco, Director of Legislated Services, 519-741-2200 ext. 7809 WARD(S) INVOLVED: All DATE OF REPORT: July 23, 2024 REPORT NO.: COR-2024-394 SUBJECT: Nominating Committee Reappointments for 2024-2026 RECOMMENDATION: That Foundation, Kitchener-Waterloo Multicultural Centre, the United Way Waterloo Region Communities, Capacity Canada, and the Greater Kitchener Waterloo Chamber of Commerce as outlined in Corporate Service Department report COR-2024-394, be re- appointed to the Nominating Committee for a two-year term from November 2024 to November 14, 2026; and, That the Appointment to Boards and Committees Policy, GOV-BOA-063 and Nominating Committee Terms of Reference Policy, GOV-BOA- corporate services report COR-2024-394 be amended. REPORT HIGHLIGHTS: The purpose of this report is to re-appoint members to the Nominating Committee. The financial implications are none. Community engagement includes posting this report online, and consulting with current nominating committee, and city staff. This report supports the delivery of core services. BACKGROUND: The Nominating Committee (the Committee) has been in place since 2008, with latest amendments in 2023 to reflect enhancements to the committee regarding equity tools to increase transparency in decision making, unconscious bias training, and improvements to the applicant review process and selection arising from a diversity lens application. 's various Advisory Committees of Council and Quasi-Judicial Tribunals and to present Council with a list of suggested candidates for each committee/tribunal. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. When assessing applicants, the Committee considers the Terms of Reference for each Advisory Committee and Tribunal as well as the following criteria to determine the best fit for applicants: 1) The applicant's 1st choice of committee, whenever possible; 2) The applicant's expertise and interest as outlined in the application; 3) A mix of returning members and new members to support succession planning and continuity within the Committee; and, 4) That, where possible based on citizen interest and application, committee composition reflects the diverse demographics of the City of Kitchener (e.g. diversity in terms of age, residency, race, gender identity, sexuality etc.). The following organizations were appointed to the Committee in 2022 for a term ending November 14, 2024: Waterloo Region Community Foundation - President/Chief Executive Officer or Director of Philanthropy; Kitchener-Waterloo Multicultural Centre (KWMC) - Chief Executive Officer; United Way Waterloo Region Communities (UWayWRC) - Chief Executive Officer or Vice-President of Strategy and Business Development; Capacity Canada (CC) - Chief Executive Officer; and, Greater Kitchener Waterloo Chamber of Commerce (GKWCC) - President/Chief Executive Officer. The members of these organizations have brought their governance and recruiting experience along with their broad community perspective to the selection process for the Advisory Committee recruitments. They have consistently reviewed applications from individuals in a careful and thoughtful way ensuring their selections are in keeping with the Terms of References for the various Advisory Committees as well as the aforementioned criteria. REPORT: Over the past few cycles, Policy GOV-BOA-63 (Appointment to Boards and Committees) has not been revised with respect to Clause 2 \[eligibility requirement to either reside, work or own property in the City of Kitchener\]. Based on precedence and the significance that each of the community organizations identified as Nominating Committee members have in the community, i Appointments to Boards and Committee policy be amended to reflect that notwithstanding the eligibility requirements, Nominating Committee members shall be eligible for appointment if their offices are not located in Kitchener and/or where the representatives might not reside or own property in Kitchener, provided the organizations mandate still relates to the provisions of services and program for the broad Kitchener community. Should the organization cease to function in its current capacity or limit its scope, the composition and eligibility requirements would be amended. This provides the much needed flexibility to ensure continued functioning of the Nominating Committee while limiting the need for exemptions to established corporate policy. The Nominating Committee Terms of Reference Policy (GOV-BOA-010) were amended in September 2024 to address equity enhancements to the process including an equity toolkit, unconscious bias training, and equity staff supplementing the Nominating Committee when considering applications to the Equity and Anti-Racism Advisory Committee specifically. As refinements have been made to processes, it recommended that the number of equity staff supplementing the review of Equity & Anti-Racism Advisory Committee applications be streamlined to include one staff member as opposed to two staff. As such the Terms of Reference, attached as Appendix B to this report are being recommended for amendment to reflect the change and minor housekeeping and formatting changes. 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 no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM council / committee meeting. CONSULT This report and Nominating Committee processes have been developed in consultation with Equity, Anti-Racism and Indigenous Initiatives staff. COLLABORATE The Nominating Committee is comprised of individuals who provide direct advice and recommendations regarding the composition of the City's advisory committees and boards. Each Nominating Committee member was consulted as to interest, availability and capacity to serve in this continued function. PREVIOUS REPORTS/AUTHORITIES: COR-2023-377 - Nominating Committee Reappointments for 2022-2024 Term APPROVED BY: Victoria Raab, General Manager, Corporate Services ATTACHMENTS: Appendix A: Appointment to Boards and Committees Policy, GOV-BOA-063 and Nominating Committee Terms of Reference Policy, GOV-BOA-010 Appendix A to COR-2024-394 POLICY Policy No: GOV-BOA-063 Approval Date: September 8, 2008 Policy Title: APPOINTMENT TO BOARDS & COMMITTEES Reviewed Date: July 2016 Policy Type: COUNCIL Next Review Date: July 2021 Category: Governance Last Amended: October 1, 2012 Sub-Category: Board & Committee Replaces: I-063, Appointment to Author: City Clerk, Director of Boards & Committees Legislated Services Repealed: Dept/Div: Finance & Corporate Services Department, Legislated Replacedby: Services Related Policies, Procedures and/or Guidelines: To be included at next review. 1. POLICY PURPOSE: To be included at next review. 2. DEFINITIONS: To be included at next review. 3. SCOPE: POLICY APPLIES TO THE FOLLOWING: All Employees All Full-Time Employees All Union Management C.U.P.E. 68 Civic Non Union C.U.P.E. 68 Mechanics Temporary C.U.P.E. 791 Student I.B.E.W. 636 Part-Time Employees K.P.F.F.A. Specified Positions only: City Clerk Other: Council Local Boards & Advisory Committees 1 of 4 Policy No: GOV-BOA-063 Policy Title: APPOINTMENT TO BOARDS & COMMITTEES To be included at next review. 4.POLICY CONTENT: 1. Appointments 1.1 Council may appoint members of the public to boards and committees whether the board or committee was established by Council or another agency with a request that Council make an appointment. 1.2 A special meeting of Council shall be held annually or when required to consider applications for appointments to boards and committees. 2. Eligibility Requirement 2.1. Except for boards and committees whose eligibility requirements are legislatively controlled or set by Policy, lay members appointed to boards and committees must either reside, work or own property in the City of Kitchener to be eligible for appointment. Staff shall, to the best of their ability, make this determination and where one of the above cannot be substantiated, advise Council through the appointment meeting notice or addendum. 2.2 If during the term of the appointment a member of a board or committee no longer meets the eligibility requirement referenced herein, they are required to advise the City Clerk in writing of the change prior to the date Council next meets to make annual appointments, on which date that member’s term will expire, if the member has not resigned in the intervening period. 2.22.3 Notwithstanding sections 2.1 and 2.2 members of the Nominating Committee shall be eligible for appointment if their offices are not located in Kitchener and/or where the representatives might not reside or own property in Kitchener, provided the organizations mandate still relates to the provisions of services and program for the Kitchener community. 3. Length of Service 3.1 An individual may only be appointed to the same committee for a maximum number of 8 consecutive years. 2 of 4 Policy No: GOV-BOA-063 Policy Title: APPOINTMENT TO BOARDS & COMMITTEES 3.2 Any appointment to fill an unexpired term shall not be considered as part of the calculation with respect to the maximum term. 3.3 Any individual will be eligible for re-appointment to the same board or committee only if a minimum period of 1 year has elapsed between the completion of an 8-year maximum term and the commencement of the new term. 3.4 Applicants are to be appointed to only one committee at any one time. 4. Boards 4.1 Where a Board has established a Nominating Committee they will forward their nominations for Board vacancies to Council by the required date set by staff. Council will consider the nominations and decide whether to accept or refer the nominations back to the Board’s Nominating Committee. 4.2 Where a Board has not established a Nominating Committee, staff will advertise for applications, setting deadlines for submission and present the applications for Council’s consideration. 5. Advisory Committees 5.1 A Nominating Committee will be appointed by Council comprised of five community members and one City staff person. The Committee will be chaired by one of the citizen appointees. Staff does not have voting privileges but are there in a facilitative and resource role. Note: For the purposes of implementing this policy, Council will appoint a Nominating Committee to come into effect September 2008 to serve for the remainder of the current term of Council. 5.2 Citizen members of the Nominating Committee will not currently sit on any of the City’s Advisory Committees and will not have sat for at least one year. 5.3 The Nominating Committee shall convene, at the call of the Chair, to fill Advisory Committee vacancies as they occur. 5.4 That following an accessible and inclusive recruitment and application process, the Nominating Committee will assess 3 of 4 Policy No: GOV-BOA-063 Policy Title: APPOINTMENT TO BOARDS & COMMITTEES applicants to Advisory Committees on the basis of expertise / interest and in light of each committee’s Terms of Reference and present Council with a list of qualified candidates for each committee. 5.5 Council will consider the eligible candidates and decide upon a slate of nominees for appointment to each committee for a term of 2 years with eligibility for re-appointment for a maximum of two additional terms. 5. HISTORY OF POLICY CHANGES Administrative Updates 2016-06-01 - I-063 policy template re-formatted to new numbering system and given number GOV-BOA-063 Formal Amendments 2012-10-01 - As per Council/CLT directive. 4 of 4 POLICY Policy No: GOV-BOA-010 Approval Date: June 25, 2012 Policy Title: NOMINATING COMMITTEE - TERMS OF REFERENCE Reviewed Date: October Policy Type: COUNCIL 2021September 2023 Next Review Date:July Category: Governance 2026September 2026+ Sub-Category:Board & Committee Reviewed Date: October 2021October 2021 Author: Council/Committee Services Last Amended: September 2023 Dept/Div: Corporate Services/Legislated Services Replaces: I-010 - Nominating Committee - Terms of Reference Repealed: Replaced by: Related Policies, Procedures and/or Guidelines: Municipal Act, 2001, as amended 1. POLICY PURPOSE: The purpose of the Nominating Committee is to will assess applicants to Advisory Committees of Council and Quasi-Judicial Tribunals on the basis of diverse representation of the community, expertise/interest in an issue or topic area, and in regard to each advisory committee’s Terms of Reference and present Council with a list of qualified candidates for each committee. 2. DEFINITIONS: 1 of 6 Policy No: GOV-BOA-010 Policy Title: NOMINATING COMMITTEE - TERMS OF REFERENCE To be added at next review. “Advisory Committee” a committee created by Council, to report to Staff or a designated Committee on a specific subject. These Committeesdo not deliver municipal services, direct staff, or make decisions binding on the City. “Chair” the role to facilitate and chair meetings. “Composition” the number of members approved for the composition of the Advisory Committee or Quasi-judicial Tribunal, including the balance between Members of Council and residents and other members, and identification of any organization outside the City that is invited to nominate a member. The composition of each body will vary according to specific business and citizen engagement objectives and is contained in the terms of reference for the advisory body. “Citizen Member” Kitchener residents who are not Council Members, City or agency staff, or staff of City corporations or their subsidiaries. It does not indicate Canadian citizenship and may include permanent residents, refugees, refugee claimants, and residents without homes. “Nominating Committee” the committee established by City Council that is authorized to consider and recommend to Council the appointment of citizens to various City Advisory Committees, Quasi-Judicial Tribunals and other bodies. “MFIPPA” the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) imposes mandatory confidentiality obligations on the City of Kitchener, Members of Council, and members of advisory committees and quasi-judicial tribunals of the City to refrain from disclosing personal information and to protect the privacy of confidential information obtained in performance of their duties. “Quasi-judicial Tribunal” the legislative structures to conduct hearings to decide on individual cases. “Quorum” the number of members comprising a majority of a committee that must be present at any of its meetings to make the proceedings of that meeting valid. 3. SCOPE: 2 of 6 Policy No: GOV-BOA-010 Policy Title: NOMINATING COMMITTEE - TERMS OF REFERENCE POLICY APPLIES TO THE FOLLOWING: All Employees All Full-Time Employees All Union Management C.U.P.E. 68 Civic Non Union C.U.P.E. 68 Mechanics Temporary C.U.P.E. 791 Student I.B.E.W. 636 Part-Time Employees K.P.F.F.A. Specified Positions only: Other: Nominating Committee Council Local Boards & Advisory Committees To be added at next review. 4. POLICY CONTENT: Committee Composition and Reporting (a) The Nominating Committee will be appointed by Council and comprised of five community members, being representatives from: Kit-Wat Waterloo Region Community Foundation (WRCF) (President /Chief Executive Officer or Director of Philanthropy or designate) KitchenerWaterlooMulticultural Centre (Chief Executive Officer or designate), United Way Waterloo Region Community (UWayWRC) (Chief Executive Officer or Vice-President of Strategy and Business Development, or designate), Capacity Waterloo Region (Chief Executive Officer or designate), Greater Kitchener WaterlooChamber of Commerce (President/Chief Executive Officer, or designate); and, at least 22 City Staff. The committee will be chaired by one of the citizen appointees. Staff does not have voting privileges but are there in a facilitative and resource role. Staff will include: (i) Director, Legislated Services, or designate, (ii) Executive Assistant/Committee Administrator, Finance and Corporate ServicesLegislative Clerk, or designate. 3 of 6 Policy No: GOV-BOA-010 Policy Title: NOMINATING COMMITTEE - TERMS OF REFERENCE (b) Composition of the Nominating Committee shall be supplemented by two one Equity Anti-Racism staff memberswhen considering applications to the Equity & Anti-Racism Advisory Committee. (c) Normally TypicallyTypically, appointments will be made to the Nominating Committee six months to one year prior to Council’s usual November appointments meeting. (d) Citizen members of the Nominating Committee will not currently sit on any of the City’s Advisory Committees and will not have sat on an Advisory Committee for at least one year prior to being eligible for the Nominating Committee. (d) All members will serve for a period of 2 years. (e) The Committee will be Chaired by one of the citizen appointees. (f) Meetings will be held by video or teleconference or other such communication method that allows all participants equal access to communicate with one another. (e) Meeting f (f) (e) The Committee shall annually choose a Chair. (g) (h)(g)Normally, meetings will be held at the call of the Chair. Frequency will depend on the appointment cycle and ad hoc meetings will occur as required to meet the obligations of Council’s schedule. It is expected that bi-weekly meetings will be required during the active recruitment and appointment phase, but may slow to quarterly or at the Chair’s call for the remainder of the year. (f) The Committee shall report directly to Council. When reporting to Council voluntary demographic data for all applicants and those recommended for selection shall be communicated to Striking Committee and Councilto further support that recommended appointments are reflective of the community as a whole (diverse in terms of age, residency, race, gender identity, sexuality etc.). Quorum (a) Quorum for this the Nominating Committee is 3 members. Responsibilities 4 of 6 Policy No: GOV-BOA-010 Policy Title: NOMINATING COMMITTEE - TERMS OF REFERENCE The Nominating Committee will be responsible for: (a) Reviewing citizen applications for Advisory Committees and proposing a suggested list of candidates to Council for consideration, ensuring the diversity lens has been applied and the matter of succession planning has been considered. (b)(a) Designing and iImplementing an accessible and inclusive advisory committee recruitment and application process. (c) (b) (c) Conveninge, as required, to fill Advisory Committee and Quasi- Judicial vacancies. This may be at the call of the Chair or from a specific request from an Advisory Committeeof Legislated Services staff with a vacancy/vacancies. (d)(c) Leveraging the equity toolkit provided by the Equity, Anti-Racism and Indigenous initiatives division when reviewing and considering appointments to Advisory Committees and Quasi-Judicial Tribunals. (e)(d) Participating in unconscious bias training as available and applicable. (e) Reviewing applications for Advisory Committees and Quasi-Judicial Tribunals. (f) Making decisions by consensus, where possible. Should consensus not be reached, the Nominating Committee’s decisions shall be made bya simple majority vote of the members present at a meeting of the Nominating Committeethat has achieved quorum. Each member of the Nominating Committee has one (1) vote.Staff does not have voting privileges but are there in a facilitative and resource role. (f)(g) The Nominating Committee shall consider applications for the Equity, Anti- Racism and Indigenous Initiatives Advisory Committee in consultation and collaboration with the Senior Equity Advisor. (h) Proposing a suggested list of candidates to Council for consideration, ensuring a diversity lens has been applied and the matter of succession planning has been considered. 5 of 6 Policy No: GOV-BOA-010 Policy Title: NOMINATING COMMITTEE - TERMS OF REFERENCE (i) Council will consider the eligible candidates and decide upon a slate of nominees for appointment to each committee for a term of 2 years with eligibility for re-appointment for a maximum of two additional terms. 5. HISTORY OF POLICY CHANGES Administrative Updates 2016-07-01 - I-010 policy template re-formatted to new numbering system and given number GOV-BOA-010. 2021-10-18 - Administrative updates – departmental name change. Formal Amendments 2023-09-25 – Council approval COR-2023-377 6 of 6