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HomeMy WebLinkAboutFCS Agenda - 2024-10-281 KiTc�ivER Finance and Corporate Services Committee Agenda Monday, October 28, 2024, 3:00 p.m. - 4:30 p.m. Council Chambers - Hybrid City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 People interested in participating in this meeting can register online using the delegation registration form at www.kitchener.ca/delegation or via email at delegation@kitchener.ca. Please refer to the delegation section on the agenda below for registration in-person and electronic participation deadlines. Written comments received will be circulated prior to the meeting and will form part of the public record. The meeting live -stream and archived videos are available at www.kitchener.ca/watchnow. *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.* Chair: Councillor S. Davey Vice -Chair: Councillor B. loannidis Pages 1. Commencement 2. Disclosure of Pecuniary Interest and the General Nature Thereof Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared, please visit www. kitchener. ca/conflict to submit your written form. 3. Consent 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. 3.1 Advisory Committees 2022-2024 Tenn Extension, COR -2024-465 3 3.2 2024 Artist in Residence Appointment - DSD -2024-376 6 4. Delegations Pursuant to Council's Procedural By-law, delegations are permitted to address the Committee for a maximum of five (5) minutes. All Delegations where possible are encouraged to register prior to the start of the meeting. For Delegates who are attending in-person, registration is permitted up to the start of the meeting. Delegates who are interested in attending virtually must register by 1: 00 p.m. on October 28, 2024 in order to participate electronically. 4.1 None at this time. 5. Discussion Items 5.1 Corporate Policy Update, New, Amended and 20 m 26 Repealed Policies, COR -2024-018 (Staff will provide a 5 -minute presentation on this matter). 5.2 Conrad Centre for the Performing Arts, 60 m 275 Operating Model, DSD -2024-281 (Staff will provide a 5 -minute presentation on this matter). 6. Information Items 6.1 None. 7. Adjournment Marilyn Mills Committee Coordinator Page 2 of 334 Staff Report r NJ :R Corporate Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: October 28, 2024 SUBMITTED BY: Amanda Fusco, Director, Legislated Services / City Clerk, 519-741-2200 ext 7809 PREPARED BY: Amanda Fusco, Director, Legislated Services / City Clerk, 519-741-2200 ext 7809 WARD(S) INVOLVED: All DATE OF REPORT: October 4, 2021 REPORT NO.: COR -2024-465 SUBJECT: Advisory Committees 2022-2024 Term Extension RECOMMENDATION: That the appointment of members to the City's Advisory Committees and Quasi -Judicial Tribunals for the 2022-2024 term be extended until successors are appointed. REPORT HIGHLIGHTS: The purpose of this report is to extend the appointment of members to advisory committees and quasi-judicial committees from the 2022-2024 term until a successor is appointed. This report supports the delivery of core services. BACKGROUND: On November 21, 2022 Council appointed applicants to the City's Advisory Committee and Quasi -Judicial Tribunals for a term ending November 21, 2024 in compliance with the two-year term set out in each Terms of Reference and the Appointments to Boards and Committee Policy (GOV-BOA-063). Save and except for a few vacancies that have occurred and been filled, membership has remained as appointed since 2022. In February 2024 Council approved a new Honorarium and Reimbursement Policy (GOV-BOA-2037). During this discussion members of Council raised questions regarding the city's advisory committee recruitment practices and ability to ensure that membership on its advisory committees reflect the diversity of the Kitchener community. To that end, and in anticipation of the term ending, staff in Legislated Services, Communications and Equity and Anti -Racism began in early summer to review existing recruitment practices, methods and language with the aim to further reduce barriers, increase education and information and encourage applications. Some these enhancements include; Revising the applications forms to; *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 3 of 334 o remove the legal language on the first two pages (by itself a barrier to participation), removal of the photo release section (can reduce participation as well) and oath of confidentiality (as it was deemed a duplicate and more appropriately addressed in the training on the code of conduct provided), o acknowledging in question regarding work or volunteer -related skills, activities, experience or training that due to structural barriers such as financial constraints or being a newcomer to Canada, some people were deprived of opportunities to volunteer or gain professional experience and/or training and encouraging members, if they faced any of these barriers, to share their experience and explain what they can contribute to the committee, and o adding in specific questions that encourage members to identify any lived experience and diverse ways of knowing that would contribute to the committee's diversity and objectives. • Expanding the key messages in the communication plan to; o focus recruitment efforts on traditionally underrepresented areas of the community, through more targeted communications to diverse groups with inclusive language and promotion that participation helps ensure all the voices and perspectives of all members of our community are represented in the City's decision-making, o leverage direct contact mailouts to community groups and associations, council, existing members and areas of the city that have involvement in each of the Committees, o place an advertisement in the Kitchener Life fall edition, o paid digital media and radio campaigns on CKWR in multi -languages, and o create and publicly display visually engaging posters in the community centre boards with QR codes and friendly URL to the application forms. • Facilitating two (2) hybrid committee orientation sessions for members of the public on September 18 and 19, 2024 to learn about; o Committee Structure, Mandate and Reporting Process o How an Advisory Committee functions o Application Process — How to Apply, Consideration, Appointment o Honorariums and Reimbursements o Code of Conduct, Conflict of Interest and Accessibility REPORT: Applications for committees and boards opened on September 4t" and were expected to close September 27, 2024. By September 24, 2024 the number of applicants was well below the required vacancies to fill and the decision to extend the deadline to October 9, 2024 was made and communicated to all existing members, social media, the application system, the website and council and staff. Paid advertisements were increased with the aim to generate additional applications and meetings with the Equity and Anti -Racism on other barriers to participation occurred. Applications did increase and were closed on October 9t" with the Nominating Committee expected to meet shortly afterwards. Due to agenda timelines and the lack of a standing committee cycle in November to focus on budget, staff are requesting the appointments for the 2022-2024 term be extended, until successors are appointed, so the committees can continue to meet until the next appointments are made at the December 2, 2024, Committee meeting. Page 4 of 334 Recommendations are proposed to the Appointments to Boards and Committee Policy, through a separate report, that will address the enhanced recruitment practices undertaken and build on community engagement, as well as addressing situations where appointments may not line up with the term ending, affording Committee Administrators and members the flexibility to continue to meet and consider very important work, until successors are appointed. 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 — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. CONSULT — Committee Administrators and staff in the respective areas were consulted on the recruitment methods used and encouraged to promote to interested parties. Key messages were shared with members of Council and external agencies/organizations for their distribution/circulation to parties that may be interested. COLLABORATE — Collaboration occurred extensively with the Equity & Anti -Racism division to revise the application form to reduce barriers, promote the importance of lived experiences and diversity on committees and encourage new recruitment methods. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVED BY: Victoria Raab, General Manager, Corporate Services ATTACHMENTS: None. Page 5 of 334 Staff Report r NJ :R Development Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: October 28, 2024 SUBMITTED BY: Andrea Hallam, Manager, Arts & Creative industries, 519-741-2200 ext. 7084 PREPARED BY: Karoline Varin, Program Administrator, Arts & Creative Industries, 519-741-2200 ext. 7912 WARD(S) INVOLVED: All DATE OF REPORT: September 27, 2024 REPORT NO.: DSD -2024-376 SUBJECT: 2024 Artist in Residence Appointment RECOMMENDATION: That Ellie Anglin be appointed as the 2024 City of Kitchener Artist in Residence as recommended by the Public Art Working Group and Arts and Culture Advisory Committee: and further, That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Ellie Anglin, outlining the obligations of the Artist in Residence appointment. REPORT HIGHLIGHTS: • The purpose of this report is to recommend the appointment of the 2024 Artist in Residence. • The key finding of this report is that Ellie Anglin has been selected by the Public Art Working Group (PAWL) and recommended by the Arts and Culture Advisory Committee (ACAC) as the 2024 Artist in Residence. • The financial implications are an artist honorarium from existing Arts and Creative Industries budgets and a printing production cost from the 44 Gaukel Creative Hub operating budget. • Community engagement included consultation with PAWG and ACAC. • This report supports the delivery of core services. BACKGROUND: Established in 1995 as the first municipal program of its kind, the City of Kitchener Artist in Residence program aims to engage the community in the production of contemporary art that reflects community identities and supports the development of local artists. The program delivers on the understanding that meaningful engagement in the arts, and growth of the creative sector contributes positively to the dynamism, authenticity, attractiveness, and overall competitiveness of the City of Kitchener. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 6 of 334 Link: Learn more about the City of Kitchener's Artist in Residence program. The Artist in Residence program continues to emphasize interactive community engagement and encourages applicants to see the residency as an opportunity to advance their own practice. The Artist in Residence is provided with an honorarium as compensation for their time commitment. The program is open to artists working in a variety of disciplines including, but not limited to visual arts, performing arts (theatre, dance, music), dance, design, digital and media arts, folk and traditional arts, literature and spoken word, and multidisciplinary works. Over the years, to encourage proposals from artists from equity -deserving communities and artists practicing in disciplines other than traditional visual arts, staff developed the program description and language to expand the eligibility criteria. Building on these efforts to expand representation in the disciplines and backgrounds, staff created the Creative Publication Residency for the 2024 term with the advice of PAWG members. This call for proposals invited creative writers, authors, poets, comic and zine creators, designers, illustrators, publishers, and other artists who combine written and visual content, to submit a proposal. REPORT: The 2024 Artist in Residence opportunity is a six-month commitment focusing on creative writing, visual storytelling, and experimental publication design. The content created during the residency will be packaged into a small, printed publication to be produced and funded by the Arts & Creative Industries team as part of the 44 Gaukel Creative Hub program. Partnering the residency with hub activities supports its programming goals of cross -sectoral collaboration, printed material creation and distribution, and providing entry points into the local arts scene. The Artist in Residence will work with Arts & Creative Industries staff to decide the best publication format within the scope of the residency compensation and available budget to produce a publication. The annual call for proposals was advertised from May to August 2024. Eighteen proposals were submitted by the competition close date. Members of PAWG assessed the entries based on: • Strength and clarity of concept and overall proposal • Artistic merit of proposal and/or past work • Feasibility of proposal within outlined budget and resource limitations • Impact on current artistic development • Impact on Kitchener community. PAWG reached consensus at their September 9, 2024, meeting, selecting Ellie Anglin as the recommended 2024 City of Kitchener Artist in Residence. Ellie Anglin is a multimedia artist, creative writer and community organizer residing in Kitchener. She works in collage (an art form which is made up of overlapping pieces of material, such as photographs, fabric, paper, and other types of mixed media), illustration, animation, and graphic design to explore themes of feminism, queerness, pop culture and nature. Her literary genres are poetry, fiction and creative nonfiction. She has self -published 30 zines (a small -circulation printed work of original or appropriated texts and images, usually reproduced via a copy machine) where she combines visual art and text in her Page 7 of 334 signature, whimsical style. For the past 10 years, she has exhibited work in the region and her visual art and literary forms have been published locally and in Toronto. Ms. Anglin has a Bachelor of Arts, Honours English Literature from the University of Waterloo, and has been a practicing artist for 20 years. She is the recipient of grants and past residencies in the region. The artist is proposing the creation of Ribbon, a collaborative zine featuring work by herself and other local writers responding to the Grand River watershed, reflecting on themes that talk about the surrounding rivers, creeks, and streams, including the metaphoric meaning of "watershed". She hopes to invite selected local artists and writers to a guided page -creation workshop to contribute content, and later the public to a hand -embellishment workshop where they will be able to add artistic touches to the printed copies. Beyond documenting the waters where we live, Ms. Anglin hopes to capture a snapshot of the Kitchener arts community in 2025. She also hopes to establish the region's first Little Zine Library, which will support distribution of the residency publication as well as other local zine makers. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The $10,000 artist honorarium and up to $2,500 allocation for expenses are supported by Arts & Creative Industries budgets. A printing production cost of up to $5,000 is supported by the 44 Gaukel Creative Hub 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. CONSULT — In addition to consulting on the Artist in Residence call for proposals, PAWG serves as the selection committee for the appointment, as a subcommittee of ACAC and as outlined in Terms of Reference. Guidelines for the jury process are outlined in Jury Procedures and provided to each member. A PAWG motion that ACAC support the selection of Ellie Anglin as the 2024 City of Kitchener Artist in Residence, was considered and supported by ACAC on September 17, 2024. COLLABORATE — An important component of the Artist in Residence program is the requirement for meaningful public engagement. City staff works with the artist to identify interesting opportunities for public engagement and develop creative programming to suit these opportunities. Ellie Anglin is proposing workshops with local artists and the public, reaching out to groups working around the theme of water, potential of collaboration with the Kitchener Public Library and a launch party with readings and artist talks. In addition, the publication will be distributed for free to the community at locations determined by staff based on available inventory, including 44 Gaukel Creative Workspace and the Little Zine Library. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVED BY: Readman, Justin, General Manager of Development Services. Page 8 of 334 ATTACHMENTS: Attachment A —Artist in Residence proposal. Attachment B — PAWG Terms of Reference. Attachment C — Jury Procedures Page 9 of 334 C` K iE S� � L 9]VGLIN 9- ;P ' t Pronouns: Shc/Hcr or Thcy/Thcmri ® q, Address: 43 Cameron Street North, Kitchener, Ontario, N2H Email: ellieanglin@gmail.com Phone: (519) 591-1502 YES NO Canadian Citizenship: Q n Member of An Equity Seeking Group: I am part of the 2sLGBTQIA+ community and live with chronic illness. Artist Profile: I am a multimedia artist working in collage, illustration, animation, and graphic design, and a writer of poetry, fiction, and creative nonfiction. I combine visual art and text in my zines, of which I have self -published thirty. I am currently seeking publication for my graphic memoir, Reproduction. Project Synopsis: R I V E I N Cr Creation of Ribbon, a collaborative zine featuring work by myself and local artists responding to the Grand River watershed, reflecting on themes including not just our rivers, creeks and streams but also the metaphoric meaning of `watershed', the surrealism of nature, and the fluidity of being. Beyond documenting the waters we live amongst, I hope to capture a snapshot of the Kitchener arts community in 2025. Community Engagement Synopsis: Engagements may include (but aren't limited to) • research on current river -focused artists and arts groups • collaboration with Kitchener Public Library to access historical • age creation workshop with artists and writers • ookbinding & hand embellishment workshop • launch party with readings and artist talks • walking tour of watershed access points • creation & maintenance of KW's Little Zine Library ':)ution at KPL, 44 Gaukel, City Hall images IT OF INTENT Dear PAWG, Please accept my proposal for Kitchener Artist in Residence. Over my career I have produced thirty tines, many about Kitchener - Waterloo. If given this opportunity, I would be honoured to contribute my distinctive weirdo aesthetic, drawing and collage skills, writing practice, and experience in arts organizing to create not just a publication but a community around it. My concept is Ribbon, a zine responding to the Grand River watershed. Waterloo Region falls within the largest watershed in Southern Ontario, and one that has deep environmental, cultural, and personal significance to many who live here. Members of Kitchener's vibrant arts community frequently take inspiration from the rivers, streams and creeks that ribbon through our city. After researching watershed -related arts initiatives, I will invite the involved artists and writers to a page creation workshop where they will be given information about the project and themes, zine making supplies and prompts such as: "Can a plant be haunted?", "Tell me about the fluidity of being." and "What does a hibernating frog dream?" Contributors will be compensated according to CARFAC guidelines and credited for their work. I will then scan and assemble our content in Canva, and send it to print. "And what, in turn, do we owe to this ribbon of water, this belt of sky?" -surfaceltension audio tour art. M I will aim for 3000 copies, each with at least one hand -embellishment, such as a ribbon bookmark, a blue vellum slipcover, silver embossing, black walnut ink stamp, or hand binding with sparkly green embroidery thread. This will provide another opportunity for engagement through a workshop where attendees can help hand - embellish the zines. When the zines are ready, a launch party will be followed by a walking tour with readings near the water. I will maintain distribution at 44 Gaukel, Kitchener City Hall, KPL, and in KW's first Little Zine Library, which I will install in front of my house in Downtown Kitchener. In addition to Ribbon, I will stock local zines that people can take, leaving their zines in return. As a white artist engaging with the river, I respect the relationship Indigenous Peoples have always had with the water. I will seek consultation (with compensation) from Indigenous advisors on the naming of the waters in Ribbon. The term "watershed moment," a turning point or dividing line in a life, is an apt description of what this opportunity would mean for my career. It has always been a dream to be the Kitchener artist in residence, but it wasn't until I saw this opportunity that it felt within reach. As a zine artist and creative writer working within indie, feminist, and queer realms, the official acknowledgement accompanying this role would have an immeasurably legitimising impact on my work. This opportunity also comes at the auspicious moment when my years of dedication are proving fruitful. I have recently received a Canada Arts Council grant for my graphic memoir, gained a significant artistic profile, and submitted my manuscript to publishers, and the timing and focus of this residency would dovetail perfectly with this growing momentum. Thank you for your consideration, and I look forward to hearing from you. I , 3 PtcELIrIINRR PAGES Though there's something I J like � cl xk C•/ U on the face of the rack i6 hard to remember in the month of D"em her that this city was built in spite of the rivcr rhai , rimmed -A I;ra111.0 and the le.— of that plane thnt rl— in the dart; reach U— 1— ght,rd han[Is for the full moon that shines as post mucicrn..itchcs scream into the mouth Ache river for Estbcr s boy who was found fishing at the edge of the tide that collects grime from a cin• Q that', biding its time. 1 a n It rL rL 7" n O n C i -S A WWWRYWAYROA I remember as a kid thinking this city would be a Iot nicer IFIT had some water in it.'rhe only access I thought I had to Yater was the porrion of Laurel Creek 6chind W ,erhm cin• hall where nn• friends and T smoked pot as €ccn:rgcrs, Th;., didn't seem like RC 1L water, but I was aIw uvs ticlightco to see that ducks still made their homes in the creek even though it was encased with concrete instead of the mud n slime they would preFr, I was drawn to the IDEA ofrhe River, but 1 didn'r know where it was or how to sex ro ir. Gemlike Gal{' or (1-uelph, the river writ r so much of a centrepie e of the a r a> it � as a sidebo lyd. Something that only, the coumrycluh memb"r., or the inhabicancs of chose big Fancy [louses L n the cliff de Otf klf ncc qo' could access, It seemed like a rotalh magical ex oericuec, chem. when my wife and I were biking along, trails and would suddcnh• pup Lip out of a wooded area and he prewntcd with a ,glorious eye Full oF-che river - wide, full and trimming with hounci ng sparkles, A real, living river, nor mediated by man, but so close that we could take our shoes off and k el the muck squish 6crwccn our roes and let the water cleanse us- Wben my Irlom was in Freeport Hospital and I needed a minute, I would come outside,. and cross the curve of road tosir in the underpass blow that Fxautifill, slightly Gust bridge that separates Kitchener from rtes 'thong, to soak upp,hc water and rocks and leaves and fi�el so inspired 1'd to to scribble a line ofptx€ry on an old receipt from my purse or draw a heart in the chid with a sric(. I wanted to harness the prnver of that place and one day make something that adequately cone -s the deafening, nnsrirrl, refreshing, rerrif},ing, mysterious beauty of the river and its banks. r Y:. Ir dawned on me onlylater Char rhe creeks :mei streams rhar spidu their vvav through our ncighbourhoods, albeit sometimes cncascd in concrete or fill of Z.ehrs glass, are real tab. Biking or walking along the Iron I Iorsc Trail I notice a change in vibrational enerp•when I near Schneider C:reck, This body ebbs and flows. sometimes full anti brimming�•, after it good rain but in dtv spells it recedes to l)c hardly a creek at nlI bur somethingelse. a reveal ingabsenre. pecring o+er rho brily beh1 nd Thrift on Kehr I has- carcil h- lclwexed. themselves into the creek to leave their mirk in sprat paint on its concrete walla the words far nerd" w.rh a launch of little stars around it - and I felts graccFul to have the creek and whoever w€orc rhar in rins C6ty see someone. with Inc. I heard recently that the city is plannin to naturalise S.chn r 1 r creek which is a goo Ching, because the more direct concacc with nature we get, the closer we ger to ourselves, our magic, and our divine calling; to make art, but the loss of rhe canvas for graffiti artists in the concrere casing will he felt. Hopefully artists will lx moved to share r6cir water-inspir Yl output in many ways, including publications like this one, and those reading it will be moved to share more art. circulating it through our city behind strap malls and beneath the underpass and along the Iran Horse `['rail to feed into and give power to the movement that we are creat€ing as a Community. Some water -adjacent Uoups and collectives I would reach out to for inclusion in Ribbon. W r P, Wo O a C rL n C Ellie Anglin Multimedia artist, creative writer and community organi/r Public Presentations • Pride Butterflies, illustrated banner in UpTown Waterloo for Pride Month, 2024 • Gauze Brain, multimedia fibre and paper installation at Studio FuZion for Cha Cha Real Smooth: Art With Instructions, curated by Lauren Prousky, 2023 • A Dreamer Lives A Double Life, collage exhibited in bus shelter, part of Destination Art program from Button Factory Arts, 2023 • Go Inward, collage exhibited in the Art Walk Promenade in Waterloo Park, 2023 • VBC x Ellie Anglin, three collages exhibited at King MacKay Gallery, Vintage Black Canada POP up, 2023 • Quilted Histories, co-curated memorial exhibit of Mom's quilts, Button Factory Arts, 2 C Time Moves Both Ways, collages) QRBKW, Kitchener Market, 2019 • Wrestling With Flowers, fourteen paintings of gender, Grand Trunk, Toronto, 2oi8 • Resist Psychic Death, large scale banner, Night Shift, Kitchener 2018 • Queer Canada, four collages & biographies, Button Factory Arts, Waterloo, 2017 • Our Dear Leader, multi -media installation, "Steel Rails", Waterloo, 2017 • Ze Cats, public mural in the window of The Princess Cafe, Waterloo, 2oi6 • Eat Me Famous, A visual and performance art installation, "Steel Rails", Kitchener, 201 • Sad Graffiti, Projection of KW Graffiti, "Night\Shift", Kitchener, 2015 • Dream Visions, an Exhibition of Collages, Jane Bond, Waterloo, 2015 Zine Highlights • Reproduction (in process), 2025 • Goodnight Things: A Bedtime Zine, Baby's First Zine, 2024 • QueerKPL Zine 1& 2, Kitchener Public Library, 2021 & 2024 • The Four Muses Series (four celebrity tines, proceeds to Landback Camp), 2021 • The Quilts of Margaret Anglin, collection of our Mom's quilts with stories, 2020 • The Crybaby Songbook, program for Live Viewing Party of Crybaby at KPL rag Race fanzine, 2017-2018 • Beni, collaborative zine by queer folks of KW made at Button Factory Arts, 2oi6 • Secrets: Surviving jian Ghomeshi, collection of responses by survivors, 2016 • The Golden Bat, KW themed chapbook containing local artists and writers, 2013 • Tender Buttons, hand bound short fiction illustrated with collage, 2012 • Kitty Doodles #1, #2, #3, #4 & Kitty Doodles Forever, 2010 - 2017 • Scared of My Mate, Co -publisher of Quarterly KW Arts Zine, 2006 — 2008 Visual Art Publications • "Smoking by Numbers" (Collage & Writing), Text Collective, Kitchener 2022 • "The Future Is Fluid" (Digital Design), Wallpaper for Flare Magazine, 2018 • "Downtown Live" (Collage), Artwork for City of Kitchener event guide, 2017 • "Om in Vic Park" (Collage), Poster for City of Kitchener event, Kitchener, 2017 • "Num Nums" & "Love" (Collages) Static Zine, Toronto, 2015 + 2oi6 • "Neeed" (Collage) Steel Bananas, Toronto, 2012 • "Toothvalanche" (Collage) The Hart House Review, Toronto, 2012 • "Flower Spectrum" (Collage) Cover, Blueprint Magazine, Waterloo, 2011 • "LaToya Jackson" (Illustration) Broken Pencil 49, Toronto, 2011 • "i okay, you okay" (Collage) Blueprint Magazine, Waterloo, 2010 Literary Publications • "Snowdrops" (Poem), Feature for National Poetry Month, Create Waterloo, 2024 • "Time Moves Both Ways" (Creative Nonfiction) Textile Magazine, 2019 • "Stray" (Fiction) Little Brother, Toronto, August 2012 • "Precious Moments" (Fiction) Steel Bananas, Toronto, July 2012 • "On Construction" (Short Story) Blueprint Magazine, March, Waterloo 2012 • "HOWL WOLF" (Paired Poems) Papirmasse, February, Montreal 2012 • "Two Women" (Micro Fiction) Marco Polo, Toronto, 2012 • "A Fag Is Born" (Article) Broken Pencil Magazine, Toronto, July 2011 n N Page 16�) 334 Education 20 Years of Independent Art Practice, 2004 - Present Bachelor of Arts, Honours English Literature, University of Waterloo, 2005-2010 Publishing Internship, Broken Pencil Magazine, 2011 Honours, Accomplishments and Press • Recipient of Canada Arts Council grant to finish graphic memoir Reproduction, 2025 • Individual Artists & Collectives Grants Committee member, WRCF, 2024 • Featured on Screaming Into The Mic with Mary Abdel -Malek McNeil, 2024 • Maintained studio space at Studio FuZion, Kitchener, 2023 - present • Recipient of Waterloo Region Arts Fund grant for Reproduction, 2023 • Recipient of a Pat The Dog microgrant for creation of Reproduction text, 2023 • Completed the Text Collective residency, Button Factory Arts, 2022 • The Four Muses, shortlisted for Best Fanzine, Broken Pencil Zine Awards, 2022 • Materialism manuscript selected for appraisal by Kitchener Public Library's Writer In Residence Kamal Al-Solaylee, 2021 • Board Member for CAFKA, 2020 • ArticleMy M2air T)rPamc Have T c)-,t-TliPir .Crnofl NTatinna1 ,l'aw(111Ct 7n7n • Article, Quilts • Winner of Best • Nominated for • Interview, KW • Subject of "Art • Recipient of tl� 3 RELEVRNT ACTIVITIES r t Senior Library Assistant, Information Services, Kitchener Public Library, 20r7 -present Workshops for zSLGBTQIA+ artists to produce QueerKPL Zine 1 & z, 202I & 2024 }' Archived & donated local zines to XX7ilfred Laurier University's Archival Room, 2023 Researched & wrote a history of'-,? SLGBTQIA+ spaces in KW, KPL Blog, zozr Co -Curator of Quilted Histories, memorial exhibit of Margaret Anglin's quilts, 2020 Book Binding, Button Making, and Creative Writing Workshops for Indic Craft Night, KPL, 2018-2020 Event Production: Queer in KW, Crybaby Live Viewing Party, Art Bloc, YAASSS KWEEN, Parkdale Prom, Queer Parking, 2010 - Present Social Media Marketing Associate, Kitchener Public Library, 2018-2022 Zine workshop to create Here We Are in Kitchener zine, KPL, 2018 Delivered tours of the library & collections to Newcomer groups, KPL, 2018-zoz4 Guided tours of exhibits to visitors of all ages, Clay & Glass Gallery, 2017 Lectured about zine culture for Alternative Media class, Wilfred Laurier University, 2017-2020 Created, archived and maintained the KW Zine Library at Open Sesame, 2016-2018 Researched, wrote & delivered a lecture on the history of zines in KW at Open Sesame, 2016 Workshop series for queer artists to create Bent Zine, 2016 Created and maintained a mini zine library, Button Factory Arts, 2015-2018 Found poetry & collage monster workshops to gender diverse tweens, Story Sheroes, 2016-2018 Week long kids camp about Leigh Bowery to create Surreal Self Portraits, Button Factory Arts, 2016 Delivered a button making workshop for CAFKA at Kitchener Market, 2016 Coordinator, Arts & Events, Parkdale Village BIA, 2011-2012 Publishing Intern, Broken Pencil Magazine, 2011 Marketing and Development Coordinator, Queen West Art Crawl, 2010 — 2011 Zine Workshop for Kindergarten Students, Ontario Institute for Studies in Education, 2009 ZINE SAMPLES Reproduction, A graphic memoir and how-to guide to life, death and the turkey baster method, (in process) 2025 Goodnight Things: A Bedtime Zine, baby's first zine, 2024 Tender Buttons, short fiction about craft, feminism, and mental health, illustrated with collage, 2012 9711^ .. "" age` Otl C OF Wffg T.54 rVE BEEN DOINU a� ELLIE a 2:5 ANGLJN� 2 m _ 5'Awl`Jvolow,r a ae19o�€i low I)I,lCi E LIST 'n Pride Butterflies: this banner, featuring illustration of butterflies 1 and moths with colours corresponding to the progress, two - spirit, trans, non -binary, lesbian, pansexual, bisexual, intersex and asexual pride flags was displayed by the UpTown Waterloo BIA as part of their 2SLGBTQIA+ celebration banner project. Go Inward: this collage was displayed in Waterloo Park as part of the 2023-2024 Art Walk Promedade. A Dreamer Lives A Double Life: in 2023 this collage was featured 3 in a GRT Bus Shelter as part of Button Factory Arts Destination Art program. Gauze Brain: I made an interactive textile and paper installation 4 for Cha Cha Real Smooth, curated by Lauren Prousky at Studio FUZlon in 2023. Art Hop 2023: I have sold my tines, cards, buttons, magnets and prints at markets like this one in Waterloo, Kitchener, Guelph, Hamilton and Toronto since 20o6. Ze Cats: in 2oi6 myself and one of my long time artistic collaborators Caroline Wesley painted this mural for the (j window of the Princess Cafe in UpTown Waterloo. It still hangs in the cafe today! Crybaby Live Viewing Party: I co -created this event in 2018 at KPL, where myself and Curtis Williams provided off colour commentary to John Water's iconic film, as local drag king George Swoony andqueen Kyne dazzled audiences. I created tines about Crybaby for attendees to take home and even took to the stage with my sax as shown in this photo! Resist Psychic Death banner: inspired by the immortal lyrics of Bikini Kill, I made this banner in 2017 for Night\Shift, when it hung outside of J&P Grocery. In 2018, for Night\Shift's closing party, we hung it again at The Kitchener Market. COUNCIL POLICY RESOLUTION POLICY NUMBER: 1-120 DATE: SEPTEMBER 21, 2009 POLICY TYPE: BOARD and COMMITTEE SUBJECT: PUBLIC ART WORKING GROUP — TERMS OF REFERENCE POLICY CONTENT: Mandate and Scope The Public Art Working Group (PAWL) is a permanent sub -committee of the Arts and Culture Advisory Committee. Working with staff, PAWG supports and advises on the City's public art policy and program, digital public art projections on the Berlin Tower, artist -in -residence program, Rotunda Gallery program to further the City's strategic directions (quality of life, downtown vitality, leadership, diversity, development, environment). PAWG's recommendations are brought to the Arts and Culture Advisory Committee for its support before proceeding to Community Services Committee and Council. Policy reference: 1-816 (Financial) Public Art Policy. 2. Committee Composition PAWG is a specialist working group. Its members include, but are not limited to, visual artists, curators, gallery administrators, art educators, architects, landscape architects, conservators, and urban planners/designers. 3. Appointments, Attendance, Quorum Members are recruited for their knowledge of and interest in the visual arts, particularly in the field of public art. Up to ten members may serve at any one time. The Arts and Culture Advisory Committee appoints one of its members to PAWL. A quorum of this committee is a simple majority. Members may serve for a term of two years, consistent with the term of the Arts and Culture Advisory Committee. The term ends on November 30, but may be extended at the direction of Council. Members may re -apply for additional terms. The maximum number of consecutive terms in service allowed is three (six years). KITCHENER Page 1 of 2 SEPTEMBER 2009 Page 21 of 334 POLICY NUMBER: 1-65 POLICY TYPE: BOARD & COMMITTEE SUBJECT: ARTS & CULTURE ADVISORY COMMITTEE - TERMS OF REFERENCE 3. Appointments, Attendance, Quorum, Cont'd Members missing two consecutive meetings without explanation or valid reasons will be contacted for a confirmation of commitment. Without a valid reason for the absences and firm commitment, the member will be asked to resign. A replacement will then be recruited. A chairperson will be elected annually from the membership. The vice -chair position may be filled on a rotating basis by any volunteering member, or as requested by the chairperson. 4. Meetings and Reporting Meetings are held monthly or at the call of the chairperson. Meetings are open to the public. Members of the public may register with staff as a guest, or as a delegation. The current artist -in -residence is expected to participate in PAWG meetings. Specific projects require the formation of juries. Membership on juries may be extended to community representatives and experts outside PAWG's membership. At least one PAWG member will serve on such juries. Minutes are recorded by staff or a committee member and distributed to members. PAWG's recommendations are brought to the Arts and Culture Advisory Committee for its support before proceeding to Community Services Committee and Council. 5. Responsibilities of the Public Art Working Group The Public Art Working Group, working with the Arts and Culture Co-ordinator is responsible for: (a) Recommending the selection of artists for the Public Art Program, the Rotunda Gallery Program, and the Artist -in -Residence Program. (b) Advice and consultation regarding the public art policy (1-816 Financial). (c) Advice and consultation regarding public art program development, guidelines, plans and policies. (e) Advice and consultation regarding the development of public art partnerships with other organizations. (f) Advocacy for the importance of municipal public art. KITCHENER Page 2 of 2 SEPTEMBER 2009 Page 22 of 334 City of Kitchener Arts/Culture Unit JURY PROCEDURES 1. Purpose of Juries Juries are primarily used to assess applications submitted by individual artists or artist teams to a specific competition deadline. The City of Kitchener requires juries for: 1. annual Rotunda Gallery exhibitions; 2. public art; and 3. annual Artist -in -Residence program. Selection of Jurors Jurors are selected from a pool of local qualified visual artists and arts professionals such as curators and educators. Program consultants/staff consult with the community to develop a list of potential jurors. While the composition of juries varies from project to project, a general guideline is that the following representatives be included according to the character of the program/project: • A member of the Public Art Working Group (PAWL) • The Ward Councillor • Two visual arts professionals • One representative of each project partner • Project architect • Citizen -at -large 3. Selection Process Complete applications are received and jury is selected. Applications are distributed to jury members for their review (confidential documents). Jury meets to review supporting material and select and/or rank the applicants who in its opinion best meet the goals of the competition. Strict confidentiality is a crucial part of the jury process and is observed by jurors, staff, and Council members with regard to applicants' names, the information they provide, and the jury's decisions. In the case of public art competitions and the Artist -in -Residence program, Council receives the decisions of a jury, supported by the Arts and Culture Page 23 of 334 Advisory Committee and Public Art Working Group, and approves the selection. Applicants are advised of the results. 4. Responsibilities of the Jury The jury is responsible for selecting those applications of highest artistic merit in the current competition for awards. This process includes the following requirements: Jurors will have the ability to evaluate the work of others, articulate opinions and debate in a group decision-making environment. Jurors will read and consider in advance all material received (photocopies of applications and written support materials) so they can arrive at the meeting prepared to fully consider each individual application. This includes reviewing and understanding the program guidelines. Jury members are expected to be open, articulate, and committed to making consensual decisions while considering each application individually. If consensus cannot be reached in particular cases, a majority opinion is reached. A jury may or may not choose to appoint a chair from its members to direct the proceedings. Alternatively, staff may facilitate the proceedings. Jurors are governed by Council's Code of Ethics and are expected to declare any conflict of interest and take appropriate action. 5. Role of Staff During the peer assessment process staff serves as a resource for the jury or panel and is responsible for the following activities: 1) Circulating all information and support documents and materials to jurors before the meeting. If the jury requests additional material or information, staff will provide it, if it is available. 2) Providing the jurors with whatever guidance they need for the proper completion of the assessment process, and for ensuring that the purpose of the program is clearly understood by jury members. 3) Facilitating the assessment process. Staff assists in discussions and direction, but abstains from expressing personal opinions and voting. If there is some reason staff cannot maintain neutrality with respect to an application, he or she leaves the room during discussion. 4) Advising the jury of budgetary considerations following the ranking of applications so that award decisions are based on available funds. 5) Recording the decisions of the jury; distributing the results to applicants and advisory committees. The letters advising the 2 Page 24 of 334 applicants of the decision include the number of applications and the total dollar amount awarded. Names of jurors will be released by staff at the request of the applicant. s. Declined Applications The jury can decline an application because it does not meet the artistic merit or other advertised program criteria. The applications are ranked by the jury. Applicants sometimes ask for feedback on their applications. However, the peer assessment process is not designed as a source of feedback and critique to individual artists. Instead, the jury process exists to make fair awards to professional artists. Notes are generally not taken during a jury meeting and are not required to substantiate a jury's recommendations. Juries are asked to prepare a statement to support their selection. The jury statement is provided to other advisory committees involved in the process for their review and consideration. If a jury elects to make comments on a case-by-case basis, these comments must be provided as representative of the entire jury. Specific comments typically may involve problems with the application, such as weak or unclear proposals, insufficient information, or the low quality of supporting materials. The jury may also recommend that unsuccessful applicants seek assistance from their peers, and staff may offer consultation on future applications. September 2009 Page 25 of 334 Staff Report r NJ :R Corporate Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: October 28, 2024 SUBMITTED BY: Amanda Fusco, Director of Legislated Services/City Clerk, 519-741- 2200, ext. 7809 PREPARED BY: Amanda Fusco, Director of Legislated Services/City Clerk, 519-741- 2200, ext. 7809 WARD(S) INVOLVED: All DATE OF REPORT: December 12, 2023 REPORT NO.: COR -2024-018 SUBJECT: Corporate Policy Update — New, Amended and Repealed Policies RECOMMENDATION: That the housekeeping edits to the Master Policy and proposed updated corporate policy template, attached as Appendix A to Corporate Services report COR -2024-018 be approved; and, That the corporate policies listed in Appendix B to Corporate Services report COR -2024- 018 be amended or repealed; and, That the Pregnancy and Parental Leave Policy for Members of Council, attached as Appendix C to Corporate Services report COR -2024-018 be approved; and further, That the Council Staff Relations Policy attached as Appendix D to Corporate Services report COR -2024-018 be approved. REPORT HIGHLIGHTS: • The purpose of this report is to present updates made to the Corporate Policy template to organize key information clearly and intuitively, approve new policies required by legislation and repeal policies that are no longer needed. • The financial implications are none. • Community engagement included creating a new policy tracking system (policy manual) and launching this service improvement corporation wide; in addition, presenting proposed changes and updated to the Corporate Leadership Team. • This report supports the delivery of core services. BACKGROUND: In accordance with the Corporate Policy Development, Review and Management Master Policy approved in 2015, Policy review is a necessary process that needs to be completed by all *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 26 of 334 departments and policy writing staff every 3-5 years to ensure that the City's policies are all relevant with the most up-to-date information. The last corporate policy review was completed in 2021 through report COR -2021-037, Corporate Policy Review — Repeal of Policies. Interruptions to this process have occurred due to the pandemic and staffing changes. As a result, many policies are now past -due for review. Since that time, staff has continued to monitor the relevancy of corporate polices with a view to amending, repealing and replacement, repealing only as appropriate. REPORT: Policy Review & New Template In the fall of 2023, a Lean® business process review was conducted to identify the pain points and interruptions within the existing policy review process. It was found that the lack of a standard process, staff responsibility and key performance indicators were the main contributing causes to the inefficiencies of the policy process. Research and benchmarking took place to develop an appropriate, long-term solution by utilizing readily available tools. The review found that improvements to the centralization, maintenance and management of corporate policies would be beneficial for example, as such the use of a SharePoint repository for the maintenance and management of corporate policy review leveraging automation and workflows processes was established. Additionally, it was noted that amendments to the Master Policy approved in 2015 to clarify and enforce policy classification of "Administrative" as opposed to a "Council" policy and provide flexibility to make minor grammatical amendments (i.e., gender inclusive language to change he/she to they) would improve policy currency and versioning. Staff have provided the proposed amendments to the Master Policy as Appendix A to this report. Furthermore, the review found that development of a new corporate policy template containing fillable fields and providing clarity regarding data entry, removing redundant fields and clarifying scope would improve the user -experience and enhance readability. Staff have provided the proposed new template as Appendix A to this report. Policies to be Amended or Repealed As part of the policy review initiative, Directors reviewed with their respective General Manager a list of policies relating to their area and identified those which require minor amendments to add definitions, address legislative changes, improve clarity, housekeeping edits (i.e. revised titles, departments, gender neutral language) and address program or policy conflict or improve alignment. To improve readability and transparency, both a "clean copy" and a copy with tracked changes have been provided for each. A short explanation has been provided to explain why staff deem it is valid to amend these policies. Policies recommended for amendment are contained in Appendix B. In some cases, this review revealed that the previously approved policies were no longer applicable for one of the following reasons: 1. Program or program funding no longer exists (6 policies). Page 27 of 334 2. Regulation or legislation is already in place (9 policies). 3. Policy has been replaced with another policy (0 policies). 4. Policy conflicts with another policy (3 policies). 5. Policy found redundant, outmoded or dysfunctional (4 policies). A short explanation has been provided to explain why staff deem it is valid to repeal these policies. Policies recommended for repeal are contained in Appendix B. Policies which need to be substantially amended are not included as these will be brought forward to Council in due course. Human Resources policies will also be brought forward separately to Council in due course. New Policy Development Through the policy manual review, it came to staff's attention that there are policies arising from legislative amendments to the Municipal Act (the Act), (Bill 68 - Modernizing Ontario's Municipal Legislation Act (2019)) that were not adopted. In accordance with section 270 of the Municipal Act, the city is required to have a Council Staff Relations Policy and Pregnancy and Parental Leave for Members of Council Policy. Further details on the purpose and scope of each policy is defined below and Appendix C and Appendix D. Council Staff Relations Policy [s. 270(1)(2.1) of the Municipal Act, 2001, as amended] The purpose of the Council Staff Relations policy is to guide the nature of business interactions between Members of Council and Staff and provide a framework for that relationship. Council and Staff have different roles within the organization but they share common goals and purposes. Staff and Council rely on one another to move the municipality forward. Council provides political leadership and direction while Staff provide leadership, experience and expertise to implement Council decisions. The proposed Policy is intended to complement the Code of Conduct for Members of Council and Procedure By -Law as well as other policies respecting workplace practices. This Policy outlines the existing governing frameworks, processes to be followed to maintain a respectful working relationship, and avenues to pursue if contraventions occur. The City's Integrity Commissioner was consulted to ensure the policy provisions do not contravene or contradict existing accountability and transparency requirements including "Special Powers and Duties of the Head of Council" section 284.3 of Part V1.1 of the Municipal Act, 2001, as amended. Material covered through the Council Orientation program also confirmed that a council staff relations policy is a best practice and explained that clarifications on expectations and roles is beneficial. A number of municipal Council Staff Relations Policies were reviewed to identify further best practices and the policy was developed in collaboration with internal staff in Human Resources, Office of the Mayor and Council and Corporate Leadership Team. The proposed Council Staff Relations Policy is attached as Appendix C to this report. Pregnancy and Parental Leave for Members of Council Policy [s. 270(1)(8) of the Municipal Act, 2001, as amended] Page 28 of 334 The purpose of the Pregnancy and Parental Leave for Members of Council Policy is to establish a process for a member of Council to take a pregnancy or parental leave for up to 20 weeks without authorization from Council. The seat of the member who takes a pregnancy or parental leave can not be declared vacant if the leave is less than 20 weeks in accordance with the Act. The Policy provides that Council supports a Member of Council's right to pregnancy and/or parental leave in keeping with the following principles: • A Member is elected to represent their constituents; • A Member's pregnancy and/or parental leave does not require Council approval and their office cannot be declared vacant as a result of the leave; • A Member may continue to receive all communications entitled to them as a Member • Council from the City as if the Member were not on leave; and, • A Member shall continue to receive all remuneration, and reimbursements that all Members of Council are afforded. The Act specifically provides that the leave be taken "consecutively," meaning that the leave cannot be broken up. The implication of taking a leave is that Members would be absent from their legislative duties (e.g., attending meetings, participating in the discussion and voting on matters of business before Council and Standing Committee). If a Member were to return prior to the end of their leave date and participate in their legislative duties, the assumption is that they have ended their leave. Members on leave may continue to receive any communications entitled to them as if they were not on leave (e.g., meeting agendas and other City business communications). They continue to receive all their remuneration, and reimbursements that all Members of Council are afforded. Apart from being excused from their legislative role, the Act does not address the balance of a Member's responsibilities (e.g., the extent to which the Member participates in constituent and community affairs). The address the balance of a Member's responsibilities staff have proposed a Leave Absence Form to address whether the member intends to continue receiving agenda materials, and/or desires to still attend events and receive communication providing much needed clarity to city staff. The proposed Policy also allocates a process if the leave were to be extended beyond 20 weeks and requiring a resolution of Council. The proposed Pregnancy and Parental Leave for Members of Council Policy is attached as Appendix D to this report. Summary As a result of the continuous improvement initiatives noted above, staff recommend that Council approve the Master Policy amendments, repealed and revised policy lists and two new policies (Council Staff Relations and Pregnancy and Parental Leave for Members of Council) to ensure compliance with the Municipal Act. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Page 29 of 334 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. CONSULT — This report was preceded by a presentation and a report to the Corporate Leadership Team to consult on the possible changes and timelines that would be implemented and presented to Council. COLLABORATE — Communication with key stakeholders affected by the changes proposed in this report has been made by engaging them in the new Policy Tracking system on SharePoint and receiving feedback on their user experience. Policy review, amendment and development was completed in collaboration with Corporate Leadership, Human Resources, Legal Services, Office of the Mayor and Council and the Integrity Commissioner. PREVIOUS REPORTS/AUTHORITIES: • FCS -15-142 Corporate Policy Review • FCS -16-001 Corporate Policy Review - Repeal of No Longer Required Policies • COR -2021-037 Corporate Policy Review - Repeal of Policies • Municipal Act, 2001 • Planning Act APPROVED BY: Victoria Raab, General Manager, Corporate Services ATTACHMENTS: Appendix A — Master Policy Amendments and Proposed Policy Template Appendix B — List of Proposed Appended and Repealed Policies Appendix C — Proposed Pregnancy and Parental Leave for Members of Council Policy Appendix D — Proposed Council Staff Relations Policy Page 30 of 334 Appendix A to COR -2024-018 Ruoff .9 T1*3:1P To establish a consistent, well-defined and transparent process for developing and reviewing corporate policies and procedures, and to set out the criteria by which policies will be considered either "administrative" or "council". 2.1 "Administrative Policy" is a rule that directs staff in making consistent decisions and explains the expected outcome. These policies are approved by the Corporate Leadership Team (CLT). 2.2 "Chief Administrative Officer (CAO)" means the Chief Administrative Officer appointed by Kitchener City Council, or their designate. 2.3 "City Clerk" means the Clerk appointed by the City of Kitchener, or their designate. 2.4 "Corporate Leadership Team (CLT)" means all General Managers at the City. Administrative policies must be presented to and approved by this body at one of the regularly scheduled meetings. "Council Policy" is a guiding principle that sets direction for administrative staff and establishes oversight control. 2.5 "Department Head" means the General Manager of a department appointed by the City of Kitchener, or their designate. 2.6 "Housekeeping Edits" means minor edits required to be made to the policy with approval at the Director level. These edits do not substantially change the content or context of the policy and are made to ensure accuracy and relevance of information in the policy. Page 31 of 334 POLICY Policy No: I - XXX :4 R Policy Title: Corporate Policy Approval Date: November 2, 2015 Development, Review and Management Reviewed Date: November 2, 2015 Policy Type: COUNCIL Next Review Date: November 2, 2020 Reviewed Date: Cate_qory: Governance Last Amended: Sub -Category: Corporate Replaces: Author: Director of Legislated Services/City Clerk Repealed: DeptlDiv: Legislated Services Replaced by: Related Policies, Procedures and/or Guidelines: Municipal Act, 2001 Ruoff .9 T1*3:1P To establish a consistent, well-defined and transparent process for developing and reviewing corporate policies and procedures, and to set out the criteria by which policies will be considered either "administrative" or "council". 2.1 "Administrative Policy" is a rule that directs staff in making consistent decisions and explains the expected outcome. These policies are approved by the Corporate Leadership Team (CLT). 2.2 "Chief Administrative Officer (CAO)" means the Chief Administrative Officer appointed by Kitchener City Council, or their designate. 2.3 "City Clerk" means the Clerk appointed by the City of Kitchener, or their designate. 2.4 "Corporate Leadership Team (CLT)" means all General Managers at the City. Administrative policies must be presented to and approved by this body at one of the regularly scheduled meetings. "Council Policy" is a guiding principle that sets direction for administrative staff and establishes oversight control. 2.5 "Department Head" means the General Manager of a department appointed by the City of Kitchener, or their designate. 2.6 "Housekeeping Edits" means minor edits required to be made to the policy with approval at the Director level. These edits do not substantially change the content or context of the policy and are made to ensure accuracy and relevance of information in the policy. Page 31 of 334 2.7 "Mayor" means the duly elected Mayor of the City of Kitchener, or the Acting Mayor, as approved by by-law, in their absence. 2.8 "No Edits Required" means a state determined by the approving Director and indicated that no changes are required, and therefore the policy is relevant and valid as is, the review dates can be updated accordingly. 2.9 "Policy Manual" means the organized electronic compilation of all administrative and council policies. Access to policy tracking lists containing identification information of all corporate policies in a list form, assigned to staff or departments identified as responsible for review and edits. 2.10 "Procedure" explains how a policy is implemented/administered, who is affected by the policy, who is responsible for the administration and how to implement the policy. A procedure may also contain operational or technical measures, standards and practices as appropriate. 2.11 "Substantial Edits" means a state where there are edits required that change the information in the policy. These edits require Council or CLT approval. 2.12 "Repeal/Replace" means when a policy is deemed irrelevant, or inapplicable, with Council or CLT approval can be removed and deemed no longer in use. ��i19_ All City of Kitchener corporate policies and their related procedures are impacted by contents and guidelines outlined in this policy. All policy writing and collaborating staff must ensure compliance with the guidelines. �gIael•► 4.1 Criteria to Determine if Council or Administrative All corporate policies must be classified under one of two categories - Council or Administrative. Most policies are approved by Council, and therefore, any housekeeping, substantial or repeal/replace edits must follow the Council approval procedure by way of report. 4.1.1 If any policies fall within any of the following criteria, Council approval is required: 1) Policies affecting citizens such as policies that: a) Handle how to spend government revenue (e.g., policies that provide funding or no -charge services to members of the public); b) Initiate a new program and establish standards for the delivery of services to the public; c) Establish fees, charges or payment terms for services and programs; Page 32 of 334 d) Permit the use of City assets for the benefit of a third party for either a charge -back or on a no -charge basis; e) Deal with sensitive or controversial issues within all or a part of the community, or require a judgement on "community values"; 2) Policies specifically required by legislation to be adopted by the municipality (Council); 3) Policies ensuring the financial integrity of the Corporation; 4) Policies providing compensation/benefits or reimbursement of expenses to employees, elected officials, and members of committees. 5) Policies governing the actions of or dealing with the conduct of City employees, elected officials, and citizen members of committees. 6) Policies requiring Council's decision on a matter that needs to be part of the public record in keeping with open and accountable government. 4.1.2 Policies which do not meet the above -noted criteria would generally be considered "administrative" in nature and would not require Council's approval to be enacted but would be approved by the Corporate Leadership Team. The Chief Administrative Officer (CAO), however, may direct that a policy falling outside of the above criteria be presented to Council for approval. 4.2 Policy Develooment 4.2.1 General Considerations: When developing or reviewing policies and procedures, consideration should be given to the following: • whether the policy is "administrative" or "council" based on the criteria herein; • whether the document is a policy or a procedure; • whether the policy/procedure is applicable to multiple departments/divisions; • whether the proposed policy, or part of the policy, is duplicated in any other policy existing in the City and whether the existing policy requires modification; • whether updates to related policies and procedures are required; and, • the time frame to be established for the regular review of the policy after adoption. 4.2.2 Consultation: Directors will ensure that prior to the drafting, submission, or approval of new or amended policies and procedures, the policy author will consult with all departments/divisions and other relevant stakeholders affected by the policy or procedure in order to provide them with an opportunity to comment and/or to provide the necessary technical advice and legal opinions. Policy development and review shall: Page 33 of 334 a) Involve all parties who can contribute to or are affected by the proposed policy. b) Take into account the purpose of the consultation, such as: • To provide a broader base for input; • To clarify and promote a better understanding of the issues; • To provide information and receive feedback; • To identify alternative courses of action; • To obtain expert/legal advice, where necessary; • To build trust and mutual respect; • To build positive relationships and consensus where possible; and, • To develop ownership. c) Use various consultation strategies for both internal and external consultations in accordance with the City's community engagement toolkit as appropriate. d) Ensure the draft policy and any other relevant information, as appropriate, is provided to the consultation participants. e) Inform the participants of the results of the consultation. 4.2.3 Titling/Organization of Policies: The policy author, in conjunction with any affected departments/divisions, shall determine the specific title of the policy and the section of the policy manual under which it should be located. These can be determined by selecting the appropriate category and sub -category from the available drop-down menu on the policy template. 4.2.4 Writing Guidelines: Policies will be: a) Clear and concise statements of expected behaviour, practices, or standards. b) Written in a language that is easily understood by the intended audience, avoiding jargon as much as possible. c) Broad enough to allow flexibility in dealing with diverse situations at minimal expense, while ensuring consistency across the organization. d) Written to apply consistently throughout the City. e) Written using the Policy Template as attached and include any related policies and/or procedures. 4.2.5 Adoption: Policies shall come into full force and effect as follows: a) Council policies - when approved by City Council. b) Administrative policies - when approved by the Corporate Leadership Team. 4.3 Policy Review and Revision 4.3.1 Each policy should be reviewed every 3-5 years or in accordance with any applicable legislation to ensure it continues to be relevant, current and supports the Page 34 of 334 achievement of desired objectives. Factors to take into consideration for the timing of the review include: External drivers such as: legislation changes, court decisions, government policies or strategies; and, • Internal drivers such as: Council decisions, new strategies, identification of issues by stakeholders or staff, new practices, new technologies. 4.3.2 Each policy and procedure must identify a review date to ensure its consistent revision and to identify its currency. 4.3.3 Where a review is undertaken and no changes were made, the policy author department/division responsible for the review shall notify other affected departments/divisions of the review and indicate on the policy the "Last Amended/Reviewed Date" and update the "New Review Date" accordingly with the new information, while updating the "Results of the Review" with "No Edits Required". The new version of the policy should then be uploaded to SharePoint in place of the old policy, where it can be accessed by the City Clerk's office to finalize the review and publishing process. 4.3.4 Where a review is conducted and minor housekeeping edits are required to change position titles, departmental/divisional titles and/or inclusive language, the City Clerk shall be authorized to make such edits provided they do not amend the overall purpose or function of the policy. 4.4 Policy Manaaement and Oraanization 4.4.1 The Policy Manual will be available to Council and staff in electronic format only. 4.4.2 The City Clerk will ensure the electronic Policy Manual is updated as policies are approved, amended and repealed. 4.4.3 Policies will be grouped in the Policy Manual according to categories and, in some cases, according to sub -categories. 4.4.4 Categories or sub -categories will be added as necessary if such is deemed to more easily enable access to the applicable policies. 4.5 Responsibility 4.5.1 The sole responsibility for adopting, revising or revoking all council policies for the City of Kitchener shall be City Council. 4.5.2 The Corporate Leadership Team is responsible for adopting, revising or revoking all administrative policies for the City of Kitchener as well as all procedures/guidelines relating to any corporate policy. 4.5.3 The City Clerk will be responsible for ensuring all approved City policies and related procedures/guidelines are posted in the electronic Policy Manual. Page 35 of 334 4.5.4 Legislated Services will be responsible for adding new categories or sub- categories as requested by the Department/Division authoring the policy keeping in mind enabling accessibility. 4.5.5 The responsibility for the initiation of a new or revised policy may occur through any of the following: a) A resolution of City Council. b) An Advisory Committee or Local Board. c) The Chief Administrative Officer, General Managers, or Directors. 4.5.6 The Chief Administrative Officer, General Managers, Directors and Managers will be responsible for ensuring staff within their area of responsibility are provided information related to all City policies as well as policy implementation. 4.5.7 The Chief Administrative Officer and General Managers shall ensure that prior to the drafting, submission or approval of new or amended policies and procedures, that all departments/divisions affected by the policy or procedure shall be circulated the proposed documentation for comment. 4.5.8 The Department/Division most responsible for the policy will be responsible for formulating procedures/guidelines as appropriate, ensuring they initiate consultations with relevant stakeholders, and if required, obtain the necessary technical advice and legal opinion. 4.5.9 All staff will be responsible for ensuring their actions and behaviour are consistent with all policies adopted. 4.5.10 In the case of a breach of a policy adopted by City Council, the Chief Administrative Officer, General Managers, and Directors will be responsible for the issuing of any disciplinary action, where appropriate. 4.6 Communication 4.6.1 Corporate policies and procedures shall be posted electronically on the City of Kitchener intranet site in the Policy Manual once approved. 4.6.2 The policy author shall be responsible for any additional communication of policies and related procedures/guidelines, if required. 4.6.3 Each director is encouraged to designate a staff member as the primary contact for their division to coordinate all matters relating to that division's corporate policies and related procedures/guidelines. E 1Olwfra I =1 ►i 5.1.1 To assist staff in writing policies, a template has been developed with all the necessary fields, see Attachment A. The purpose of this template is to develop and maintain consistency in how policies are presented, and to ensure each policy contains the necessary and important elements. Page 36 of 334 5.1.1 To assist staff in writing policies, a template has been developed with all the necessary fields, see Attachment A. The purpose of this template is to develop and maintain consistency in how policies are presented, and to ensure each policy contains the necessary and important elements. 5.1.2 To further assist staff when developing policies, a Master Policy Checklist has been developed to guide policy review, see Attachment B. 6. ADMINISTRATIVE AND HOUSEKEEPING CHANGES Administrative Updates Formal Amendments Page 37 of 334 Attachment A Proposed New Policy Template POLICY [Policy Title] I Approval Type Department/Division Choose an item. Click here to enter text. Date Approved Click here to enter a datE Last Reviewed/Amended ALK ileiE� LL) ?nter a date. Related Policies or Procedures • [Title with embedded link] CAT -SUB-#### Category Sub -category Choose an item. Choose an item. Author and Position Click here to enter text. Next Review Date Click nere to enter a date. Policy Purpose Concise, easy -to -understand statement, which explains the objective or philosophy underpinning the policy. [Start typing here] Definitions Concise, easy -to -understand statement, which explains the objective or philosophy underpinning the policy. [Start typing here] Policy 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. Application ❑Employees Choose an item. ❑ Unions Choose an item. ❑ Council ❑ Specified Positions ❑ Other Choose an item. Policy Content Policy details, including specific roles and responsibilities relating to the policy. [Start typing here] Page 38 of 334 Results of Review ❑ No Edits Required ❑ Housekeeping Edits ❑ Substantial Edits ❑ Repeal/Replace Policy History Administrative and Housekeeping Changes Date Nature of Change yyyy-mm-dd Departmental re-organization/Titling changes/ Standing Committee restructuring. Substantial Changes Date Council/CLT Directive yyyy-mm-dd As Per Council/CLT Directive - Report # Page 39 of 334 Attachment B Master Policy Checklist Council Approval Required ❑ Policies affecting citizens such as policies that: ❑ Handle how to spend government revenue (e.g., policies that provide funding or no -charge services to members of the public); ❑ Initiate a new program and establish standards for the delivery of services to the public; ❑ Establish fees, charges or payment terms for services and programs; ❑ Permit the use of City assets for the benefit of a third party for either a charge -back or on a no -charge basis; ❑ Deal with sensitive or controversial issues within all or a part of the community, or require a judgement on "community values". ❑ Policies specifically required by legislation to be adopted by Council. ❑ Policies ensuring the financial integrity of the Corporation. ❑ Policies governing the actions of or dealing with the conduct of City employees, elected officials, and citizen members of committees. ❑ Policies requiring Council's decision on a matter that needs to be part of the public record in keeping with open and accountable government. Administration Approval ❑ Does not meet any of the listed criteria above for Council approval. ❑ Administrative in nature. ❑ Require the need to inform, consult with, collaborate with, or require a decision from administration. Director Approval ❑ Minor changes required to an existing policy which incl ❑ Updating names or titles; ❑ Removing irrelevant information; ❑ Updating terminology used in policy to conform with the City. ❑ Updating, adding, or removing definitions. ❑ Updating linked procedures relevant to the policy. ❑ Updating review dates. ❑ Confirming "No Edits Required" to a policy and assigning the next review date. Page 40 of 334 Appendix A to COR -2024-018 i KI I{'1 11 \i.l POLICY Policy No: I- XX Policy Title: Corporate Policy Approval Date: November 2, 2015 Development, Review and Management Reviewed Date: November 2, 2015 Policy Type: COUNCIL Next Review Date: November 2, 2020 Reviewed Date: Category: Governance Last Amended: Sub -Category: Corporate Replaces: Author: Director of Legislated Services/City Clerk Repealed: Dept/Div: Legislated Services Replaced by: Related Policies, Procedures and/or Guidelines: Municipal Act, 2001 To establish a consistent, well-defined and transparent process for developing and reviewing corporate policies and procedures, and to set out the criteria by which policies will be considered either "administrative" or "council". 2.1 "Administrative Policy" is a rule that directs staff in making consistent decisions and explains the expected outcome. These policies are approved by the Corporate Leadership Team (CLT). 2.2 "Chief Administrative Officer (CAO)" means the Chief Administrative Officer appointed by Kitchener City Council, or his/her heir designate. 2.3 "City Clerk" means the Clerk appointed by the City of Kitchener, or 4i-s�their designate. 22.4 "Corporate Leadership Team (CLT)" means all General Managers at the City. Administrative policies must be presented to and approved by this body at one of the regularly scheduled meetings. 2.4 "Council Policy" is a guiding principle that sets direction for administrative staff and establishes oversight control. "Department Head" means the General Manager of a department appointed by the City of Kitchener, or their designate. "Deputy GAG" means the DeputyriefAdmi;istr;;t+vkQ C)ffiner of a department appGinted by the Qty of 1.li4nhenero er his/her designate 2.5 Page 4l_gf 334 2.6 "Housekeeping Edits" means minor edits required to be made to the policy with approval at the Director level. These edits do not substantially change the content or context of the policy and are made to ensure accuracy and relevance of information in the policy. -2-52.7 "Mayor" means the duly elected Mayor of the City of Kitchener, or the Acting Mayor, as approved by by-law, in hislhertheir absence. 2.8 "No Edits Required" means a state determined by the approving Director and indicated that no changes are required, and therefore the policy is relevant and valid as is, the review dates can be updated accordingly. 2,62.9 "Policy Manual" +means the organized electronic compilation of all administrative and council policies. Access to policy tracking lists containing identification information of all corporate policies in a list form, assigned to staff or departments identified as responsible for review and edits. 2.10 "Procedure" explains how a policy is implemented/administered, who is affected by the policy, who is responsible for the administration and how to implement the policy. A procedure may also contain operational or technical measures, standards and practices as appropriate. 2.11 "Substantial Edits" means a state where there are edits required that change the information in the policy. These edits require Council or CLT approval. 2,72.12 "Prr^c6Qd-' ire" explaiR he�n.,i �. PGliGY 0 r�l om R_Rt R--.4admi R Ste Fed, nihG_ is ;ffR_Gt R_ J b the PGIirn 06 FeSPGRSibie 499 t -IV irmrt'm'�irit tib rand hnAni tA h'."Repeal/Replace" means when a policy is deemed irrelevant, or inapplicable, with Council or CLT approval can be removed and deemed no longer in use. Page *,15334 USEEKKOTP All City of Kitchener corporate policies and their related procedures are impacted by contents and guidelines outlined in this policy. All policy writing and collaborating staff must ensure compliance with the guidelines. +hiS PGIOG., 4.1 Criteria to Determine if Council or Administrative All corporate policies must be classified under one of two categories - Council or Administrative. 44 Most policies are approved by Council, and therefore, any housekeeping, substantial or repeal/replace edits must follow the Council approval procedure by way of report. 4.1.1 If any policies fall within any of the following criteriaCouncil approval is required: 1) Policies affecting citizens such as policies that: a) Handle how to spend government revenue (e.g., policies that provide funding or no -charge services to members of the public); b) Initiate a new program and establish standards for the delivery of services to the public; c) Establish fees, charges or payment terms for services and programs; d) Permit the use of City assets for the benefit of a third party for either a charge -back or on a no -charge basis; Deal with sensitive or controversial issues within all or a part of the community, or require a judgement on "community values" 2) Policies specifically required by legislation to be adopted by the municipality Council a4—Policies ensuring the financial integrity of the Corporation 3) Policies providing compensation/benefits or reimbursement of expenses to employees, elected officials, and members of committees. 4. Page 4-9 334 Policies governing the actions of or dealing with the conduct of City employees, elected officials, and citizen members of committees. Policies requiring Council's decision on a matter that needs to be part of the public record in keeping with open and accountable government. 4.1.2 Policies which do not meet the above -noted criteria would generally be considered "administrative" in nature and would not require Council's approval to be enacted but would be approved by the Corporate Leadership Team. 1 he Chief Administrative Officer (CAO), however, may direct that a policy falling outside of the above criteria be presented to Council for approval. Page 4Lof 334 4.2 Policy Development 4.2.1 General Considerations: When developing or reviewing policies and procedures, consideration should be given to the following: • whether the policy is "administrative" or "council" based on the criteria nr� herein; • whether the document is a policy or a procedure; • whether the policy/procedure is applicable to multiple departments/divisions; • whether the proposed policy, or part of the policy, is duplicated in any other policy existing in the City and whether the existing policy requires modification; • whether updates to related policies and procedures are required; and, • the time frame to be established for the regular review of the policy after adoption. 4.2.2 Consultation: Directors will ensure that prior to the drafting, submission, or approval of new or amended policies and procedures, the policy author will consult with all departments/divisions and other relevant stakeholders affected by the policy or procedure in order to provide them with an opportunity to comment and/or to provide the necessary technical advice and legal opinions. Policy development and review shall: a) Involve all parties who can contribute to or are affected by the proposed policy. b) Take into account the purpose of the consultation, such as: • To provide a broader base for input; • To clarify and promote a better understanding of the issues; • To provide information and receive feedback; • To identify alternative courses of action; • To obtain expert/legal advice, where necessary; • To build trust and mutual respect; • To build positive relationships and consensus where possible; and, • To develop ownership. c) Use various consultation strategies for both internal and external consultations in accordance with the City's community engagement toolkit as appropriate. Page Ar, 334 d) Ensure the draft policy and any other relevant information, as appropriate, is provided to the consultation participants. e) Inform the participants of the results of the consultation. 4.2.3 Titling/Organization of Policies: The policy author, in conjunction with any affected departments/divisions, shall determine the specific title of the policy and the section of the policy manual under which it should be located. These can be determined by selecting the appropriate category and sub -category from the available drop-down menu on the policy template. 4.2.4 Writing Guidelines: Policies will be: a) Clear and concise statements of expected behaviour, practices, or standards. b) Written in a language that is easily understood by the intended audience, avoiding jargon as much as possible. c) Broad enough to allow flexibility in dealing with diverse situations at minimal expense, while ensuring consistency across the organization. d) Written to apply consistently throughout the City. e) Written using the Policy Template as attached and include any related policies and/or procedures. 4.2.5 Adoption: Policies shall come into full force and effect as follows: a) Council policies - when approved by City Council. b) Administrative policies - when approved by the Corporate Leadership Team. 4.3 Policy Review and Revision 4.3.1 Each policy should be reviewed every 3-5 years or in accordance with any applicable legislation to ensure it continues to be relevant, current and supports the achievement of desired objectives. Factors to take into consideration for the timing of the review include: • External drivers such as: legislation changes, court decisions, government policies or strategies; and, • Internal drivers such as: Council decisions, new strategies, identification of issues by stakeholders or staff, new practices, new technologies. 4.3.2 Each policy and procedure must identify a review date to ensure its consistent revision and to identify its currency. Paqf 46 of124 4.3.3 Where a review is undertaken and no changes were made, the policy author department/division responsible for the review shall notify other affected departments/divisions of the review and indicate on the policy the "Last Amendec, Reviewed Date" and update the fad"New Review Date" accordingly with the new information, while updating the "Results of the Review" with "No Qp%eEdits Required e.Made. The new version of the policy should then be uploaded to SharePoint in place of the old policy, where it can be accessed by the City Clerk's office to finalize the review and publishing process. 4.3.4 Where a review is conducted and minor housekeeping edits are required to change position titles, departmental/divisional titles and/or inclusive language, the City Clerk shall be authorized to make such edits provided they do not amend the overall purpose or function of the policy. 4.4 Policy Manaaement and Oraanization 4.4.1 The Policy Manual will be available to Council and staff in electronic format only. 4.4.2 The City Clerk will ensure the electronic Policy Manual is updated as policies are approved, amended and repealed. 4.4.3 Policies will be grouped in the Policy Manual according to categories and, in some cases, according to sub -categories. 4.4.4 Categories or sub -categories will be added as necessary if such is deemed to more easily enable access to the applicable policies. 4.5 Responsibility 4.5.1 The sole responsibility for adopting, revising or revoking all council policies for the City of Kitchener shall be City Council. 4.5.2 The Corporate Leadership Team is responsible for adopting, revising or revoking all administrative policies for the City of Kitchener as well as all procedures/guidelines relating to any corporate policy. 4.5.3 The City Clerk will be responsible for ensuring all approved City policies and related procedures/guidelines are posted in the electronic Policy Manual. 4.5.4 Legislated Services will be responsible for adding new categories or sub- categories as requested by the Department/Division authoring the policy keeping in mind enabling accessibility. 4.5.5 The responsibility for the initiation of a new or revised policy may occur through any of the following: a) A resolution of City Council. b) An Advisory Committee or Local Board. Page 47 of 334 c) The Chief Administrative Officer, Deputy GA General Managers, or Directors. 4.5.6 The Chief Administrative Officer, nems+. GAQ General Managers Directors and Managers will be responsible for ensuring staff within their area of responsibility are provided information related to all City policies as well as policy implementation. Page 48 of 334 4.5.7 The Chief Administrative Officer and Deputy CA General Managers shall ensure that prior to the drafting, submission or approval of new or amended policies and procedures, that all departments/divisions affected by the policy or procedure shall be circulated the proposed documentation for comment. 4.5.8 The Department/Division most responsible for the policy will be responsible for formulating procedures/guidelines as appropriate, ensuring they initiate consultations with relevant stakeholders, and if required, obtain the necessary technical advice and legal opinion. 4.5.9 All staff will be responsible for ensuring their actions and behaviour are consistent with all policies adopted. 4.5.10 In the case of a breach of a policy adopted by City Council, the Chief Administrative Officer, Deputy GA General Managers, and Directors will be responsible for the issuing of any disciplinary action, where appropriate. 4.6 Communication 4.6.1 Corporate policies and procedures shall be posted electronically on the City of Kitchener intranet site in the Policy Manual once approved. 4.6.2 The policy author shall be responsible for any additional communication of policies and related procedures/guidelines, if required. 4.6.3 Each director is encouraged to designate a staff member as the primary contact for �their division to coordinate all matters relating to that division's corporate policies and related procedures/guidelines. Page 49 of 334 5. POLICY TEMPLATE —5.1.1 To assist staff in writing policies, a template has been developed with all the necessary fields, see Attachment A. The purpose of this template is to develop and maintain consistency in how policies are presented, and to ensure each policy contains the necessary and important elements. j, ppreyal Date - 5.1.1 To assist staff in writing policies, a Cffor+i.,o n;;+o: " template has been developed with all the necessary fields, see Attachment A. The purpose of this template is to develop and maintain consistency in how policies are presented, and to ensure each policy contains the necessary and important elements. 55. 5_1 V, 4 \ ITC 11•WIG • �m--vi--r-r-rv� PAIiGy Tifln• • Ah--t�r• r-cw-crrvr. Qeyiey.g by [Date• Q o.,i o,e, F)Atp• Q oii oni C+�+i it Ini^lin�+o °Nn Aov;cinnc° QR°/1 'Amend -ed" I ,,d,.,I c^rQi—"rQc �rCd "�nrQ-�--rTepearC& ReplaGedn QR n n Qor,lanorl�R�Ji• tilTced��J T 'Tc..�i�rCd', ;G;;AQ the ;+ QR °Alone° ReplaG inn^lin�+o +ho ��/inv Ali m har nnhinh Page 50 of 334 5.1.2 To further assist staff when developing policies, a Master Policy Checklist has been developed to guide policy review, see Attachment B.,PO- I-l�'`�TEME-NT (P urpose!Qbieotk e 6. ADMINISTRATIVE AND HOUSEKEEPING CHANGES Date Nature of Change vvvv-mm-dd Substantial Changes Date Council/CLT Directive 2015-11-02 Council Approval - Report #FCS -15-142 Page 51 of 334 Attachment A Proposed New Policv Template POLICY CAT -SUB-#### [Policy Titlel Category Sub -category Choose an item. Choose an item. Approval Type Department/Division Author and Position Choose an item. Click here to enter Click here to enter text. text. Date Approved Last Next Review Date Click here to enter a date. Reviewed/Amended Click here to enter a date. Click here to enter a date. Related Policies or Procedures • [Title with embedded linkl Policy Purpose Concise, easy -to -understand statement, which explains the objective or philosophy underpinning the policy. [Start typing herel Definitions Concise, easy -to -understand statement, which explains the objective or philosophy underpinning the policy. [Start typing herel Policy 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. Application ❑Employees Choose an item. ❑ Unions Choose an item. Page 52 of 334 ❑ Council ❑ Specified Positions ❑ Other Choose an item. Policy Content Policy details, including specific roles and responsibilities relating to the policy. [Start typing herel Results of Review ❑ No Edits Required ❑ Housekeeping Edits ❑ Substantial Edits ❑ Repeal/Replace Policy History Administrative and Housekeepinq Changes Date Nature of Change yyyv-mm-dd Departmental re-organization/Titling changes/ Standing Committee restructuring. Substantial Changes Date Council/CLT Directive yyyv-mm-dd As Per Council/CLT Directive - Report # Page 53 of 334 Attachment B Master Policy Checklist Council Approval Required ❑ Policies affecting citizens such as policies that: ❑ Handle how to spend government revenue (e.g., policies that provide fundinq or no -charge services to members of the public); ❑ Initiate a new program and establish standards for the delivery of services to the public; ❑ Establish fees, charges or payment terms for services and programs; ❑ Permit the use of City assets for the benefit of a third party for either a charge -back or on a no -charge basis; ❑ Deal with sensitive or controversial issues within all or a part of the community, or require a judgement on "community values". ❑ Policies specifically required by legislation to be adopted by Council. ❑ Policies ensuring the financial integrity of the Corporation. ❑ Policies governing the actions of or dealing with the conduct of City employees, elected officials, and citizen members of committees. ❑ Policies requiring Council's decision on a matter that needs to be part of the public record in keeping with open and accountable government. Administration Approval i L! Does not meet any of the listed criteria above for Council approval. ❑ Administrative in nature. ❑ Require the need to inform, consult with, collaborate with, or require a decision from administration. Director Approval Minor changes required to an existing policy which include: ❑ Updating names or titles; ❑ Removing irrelevant information; ❑ Updating terminology used in policy to conform with the City. ❑ Updating, adding, or removing definitions. ❑ Updating linked procedures relevant to the policy. ❑ Updating review dates. ❑ Confirming "No Edits Required" to a policy and assigning the next review date. 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U U 2 V D D w a w 0 Q Y 2 2t IT co O LD 0) (6 •u •u •u •u •u •u •u •u •u •u •u •u c c c c c c c c c c c c 7 7 7 7 7 7 7 7 7 7 7 7 O O O O O O O O O O O O U U U U U U U U U U U U CU N to C C N v Ln c Q v Q v LnN cu p m CC C i= i= _0 U C V C Q O a m N w v C C N 0 C 0 �n C v _v " L m C m c v U m y p Q C c� O v .y., — •�, .y., — 'a, c c J U O LL LL J d' O _m LL W❑ _m LL N N V_ N 0 _V > > v Y Y v v Y N v v 7 v v 7 7 v v m N 0 m m N N � N Q V1 Q N ` 0 7 N 0 pcu pQ 0 O V v C cu O V N V cu 0 ci cu O V b cuy/1 N V lu oQ V cu cu 0 V CL w .0 v m m p> m> ;'> ;> m> >> ;'> O v U to L -O r- U Q O C LL C LL O v U N `� v C N v v ❑ N v v ❑ N _m> v N '� v C N v v ❑ N v v ❑ N V CC C LL O u Q w C C �- s 0 Y m n c v N v v bD c v c m c 0 3 3 Z o c � m v n 0 7 m c -p v 7 m ,v Q o v -a O m 3 o v X cu E to c v o i y v m _v p— Z ,C p O m as _m c, v cr a O > QLL v NCi) L O y p U v ` v O p N — ` Q m C N N m 0` v 41 N CU v V 0 v -O O v 7 � � cov to O y w Y Y v � > v > Y cu 'p v > v c V o c .n — m� -a C D °cD o y V p cu cu> V Y v C D N O Q O Q u v 0. O N v C O O f0 v 7 O b v m C-1 p_ O m O m � +' CU V W N m U Z v LL ❑ Z of Q X v Z bD C bD Q f6 >O N m m N fb fb m m N m •C v w >o 'Ci.) 0 v Q v v N v— v v v v vCL > N N v v Y m v m C v c7 LL a)0.Q p � m v 0 � 0 � aQi > � m aQi s cu s cu CL W o LL' M 0 m � Q V v m Q v K Q C O bbo 0 0 C to to to W bbo > v o v v 0 0 0 0 0 v _ O oo m O O O o 0 c 0 0 v c c c c cQW m 7 v C y 7 y 7 @ bD C bD C bD C bD C to C C O OC C C C C C O C O ,Z C C O Z w w w w C m m m in C c in m m m -70 3 b`D -'a -'a cuo i O O O o O 0 -0 m c u = CL @ c @ c 0 n n 0. a 0_ o _o o o c 00 00C W Y p CoC C W V W V Y C C0C C C0 C C`0C C C cu V V V bDN V 3 V to N bo to bDN to l N O O x O >- O >, O O O O O 'VaxJK Q '6 a- cu -O v v LL v aJ LL L O l0 kD m Ln r� n cn N l0 rl O O m M N N n O e-1 O ci Q mm T n Q Q O O V) N W W < Q LL LL C9 > v > LU LL LU LL (D z z z z z O O Z Z Z Z Z_ 0 (,7 LL LL LL LL LL c>c G c>c G c>c G c>c G c>c G > o2S v v p c O'u Q v O O v -O C N -p N bD ^� v LL Y 7 v 7 v '� m x 7 O� v LL O m J J LL fi V W O] _ U LL S E LL O C C Q O _p _p E Q CLO `� v LL O Z p C Q O 7 LL 7 7 v LL Y O U > OC C 0 •= v 7 p v Y LL >•L3< N ? U U w m M N O_ Q C N v v U bD = v m = C y •- c _ I v O .c� O > Q > Q to w O +0., 'p CC L O— U m N N mbD 'V ,n 7 ;F� to to Y N to Y - 7 7 7 O �n > cl)C C to � 7 2 d d CD m 2 N ❑ d d = W = W N CC U CC UCD U IT co co O I— LD (1) 0) (6 V C V C V C U C O O O O U U U U N V N V N V N V U1 N 01 N N V) 01 V) 'O 'O '0 'O m m m m V1 W N tko Vf b N W J J J J CU v v v m m0 m C Y m y Y m y O V O U O u O U U U U U to to to to N -0 U/ -0 01 -0 -0C ? O ? 0 m ? U@ O m U m O U O m m V C j O V _m C j O V C j O mE0cu 0 cu - 0 cu - U t2 U O0 m U OA m b � u m .- Q U C V Q U C u Q L C V C_- V C- V C 01 0 C N O O 0) O C N u0 C O 0c 0 D cu u0 C O 00 O U v N U (DY N O U L 4) U (J Y N- O U L v U (J Y 'O O0 Q '6 L bA Q 'O L bA Q yL,, cu C cu m COC Y G .3 CCC m '� Y C .3 Cr— m '� C Y_ C m @ U m m °; m m 3 01 N U' N O 01 M 0 N p N O U N O N v m L a) O v m L O v U L K � ..� Y -I N i= .... Y i --I 01 � �. Y N N m m 01 ra m m p m m m p ra m m N ra NN c C N c N C O •Y m O •Y m O •Y m O •Y m V b D to V to N to v v 41 Q/ O O O O O O Y O Y O Y is v m 5 N m =, N m : N 00 V 00 U m 00 U m to V m Nm s Q 01 s Q N Q O) = Q 0 0 Ln Ln l0 00 M O W W W T U J U J U J U J z z z z G G G G v y V a) m m U V -V C 0 O m 0 C O_ O O V N _ C V 4) Y m - Q 0 O] C C O O H O Q C Q J (n J U J J IT co co O w LO (D 0) (6 J K; R POLICY Policy No. ADM -COM -287 Policy Title: PUBLIC NOTICE - Approval Date: February 24, 2003 MUNICIPAL ACT 2001, AS AMENDED Reviewed Date: June 2016 Policy Type: COUNCIL Next Review Date: June 2021 Reviewed Date: Category: Administration Last Amended: Sub -Category: Communications Author: City Clerk, Council/Committee Replaces: 1-287, Public Notice - Services Municipal Act 2001, as amended Dept/Div: Finance & Corporate Repealed: Services/Legislated Services Replaced by: Related Policies, Procedures and/or Guidelines: Municipal Act, 2001 Legislation Act, 2006 POLICY PURPOSE: The Municipal Act, 2001, S.O. 2001, c. 25 (the Act) requires municipalities to give notice to the public of the municipality's intention to pass certain by-laws or take certain other actions at a public meeting for which the form and manner of the notice has not otherwise been prescribed in the Act. The notice to be given shall be adequate to give reasonable notice under each of the respective provisions of the Municipal Act, 2001. 2. DEFINITIONS: For the purpose of this policy the following definitions apply: a) "advertising" means advertising that is placed to promote overall awareness of the City or on behalf of the Corporation. b) "Council" means Kitchener City Council as a whole. c) "City Facility(ies)" means all physical property, buildings, facilities, lands, premises, goods and other assets owned, leased and/or maintained by the Corporation of the City of Kitchener. 1 of 6 Page 59 of 334 Policy No: ADM -COM -287 Policy Title: PUBLIC NOTICE - MUNICIPAL ACT 2001, AS AMENDED d) "Legislation Act" means the Legislative Act, 2006, S.O. 2006, c. 21 Sched. F, as may be amended. e) "newspaper" means a document that, (a) is printed in sheet form, published at regular intervals of a week or less and circulated to the general public, and consists primarily of news of current events of general interest; ("journal") and; (b) may include an online subscription option. f) "online publication" means notices posted to the City's website. g) "Procedure By-law" means the By-law that outlines the process that Kitchener City Council follows to adopt bylaws, pass resolutions, and conducts business. It establishes rules of procedure by which Kitchener City Council and Standing Committees function and facilitate public participation. h) "published" means published in a daily or weekly newspaper, that, in the opinion of the Clerk, has such circulation within the municipality as to provide reasonable notice to those affected thereby. i) "Regular Business Hours" means the time period(s) as defined in the location - specific access procedures and/or signage of each City Facility."Website" means the official City of Kitchener website at www.kitchener.ca. 3. SCOPE: Statutory notice to the public under the Act, other legislation or by-law, will be completed in accordance with this Policy as well as any prescribed notice content, signage or mailing requirements. Nothing in this Policy prevents the Clerk from using additional methods of notice that, in the Clerk's opinion, are more effective or provide a longer notice period. 2of6 Page 60 of 334 POLICY APPLIES TO THE FOLLOWING: ❑ All Employees ❑x 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. ❑x Specified Positions only: City Clerk ❑ Other: ❑x Council ❑ Local Boards & Advisory Committees Statutory notice to the public under the Act, other legislation or by-law, will be completed in accordance with this Policy as well as any prescribed notice content, signage or mailing requirements. Nothing in this Policy prevents the Clerk from using additional methods of notice that, in the Clerk's opinion, are more effective or provide a longer notice period. 2of6 Page 60 of 334 Policy No: ADM -COM -287 Policy Title: PUBLIC NOTICE - MUNICIPAL ACT 2001, AS AMENDED Further, nothing in this Policy prevents the Clerk from using the public notification methods contained in this Policy for matters not otherwise required under this Policy. This Policy does not apply to public relations materials including advertising, posters, brochures or event program advertisements. 4. POLICY CONTENT: 1. Accordingly, Council has directed that where notice of intention to pass certain by-laws or take certain actions at a public meeting is required to be given for which notice requirements are not prescribed under the provisions of the Municipal Act, 2001, as amended, or its regulations, such notice shall be in the form and manner hereinafter set out: a) The notice shall include the following information: i) a description of the purpose for the meeting or the purpose and effect of the proposed by-law; ii) date, time and location of the meeting at which the matter will be considered; iii) a description of how and where comments and/or objections can be made; and, iv) contact information for the purpose of submitting written comments, prior to the meeting, including any submission deadline; b) Notice shall be published in a newspaper; c) Notice in the newspaper shall be given at least once, not less than nine (9) days before the event the notice relates to; d) Personal notice by registered mail or prepaid (regular) mail or personal service shall be given in those situations where there are a limited number of people affected by the intention to pass a by-law pertaining to the permanent closure or altering of a highway, the designation of a highway as a controlled access highway or changing the name of a highway or private road; and, e) Where the notice relates to events affecting the fundamental structure of the municipality such as a restructuring proposal, changing the name 3 of 6 Page 61 of 334 Policy No: ADM -COM -287 Policy Title: PUBLIC NOTICE - MUNICIPAL ACT 2001, AS AMENDED of the municipality, changing the composition of Council and the establishment of wards, a second notice shall be placed in the newspaper, such that the notices are published in different weeks. 2. Where a legislated notice requirement under an Act or Regulation must be provided and there are no suitable printed newspapers that meet the definition of a Newspaper, notice shall be given in the form and manner set out: a) Notice to the public shall be posted on the "Public Consultations" page of the City's website for at least the two-week period immediately preceding the Council or Committee meeting at which the matter will be considered, and an opportunity is provided for members of the public to speak to or submit correspondence regarding the matter. b) Notice to the public given under this section is sufficient even if there are times during the two-week period that the City's website is not accessible. c) The Public Notice may also be sent to City Facilities for posting on appropriate bulletin boards accessible to the public during Regular Business Hours. Notices may also be sent to other community stakeholders as determined by applicable staff. d) Notice to the public given under this section shall contain the required information from Section 1. 3. The form and manner of notice described in this Policy constitutes the minimum notification required by Council; however, it is recognized that circumstances may arise where it is advisable to extend the breadth of notice to encompass other notice formats such as public agenda, verbal notice at a public meeting, neighborhood newsletter, City-wide newsletter, tax bill insert, and separate mailings to households. Exceptions 4. Notwithstanding the Notice requirements established by this Policy, Council hereby acknowledges that no notice is required for any amendment to the budget that would not impact on the City levy for general purposes or the City capital budget and notice in the form of placement of a staff report discussing the said amendments, on a Committee and/or Council agenda shall be considered sufficient notice with respect to the following: 4of6 Page 62 of 334 Policy No: ADM -COM -287 Policy Title: PUBLIC NOTICE - MUNICIPAL ACT 2001, AS AMENDED a) amendments to licensing by-laws, its Procedural By-law and any other regulatory or administrative type by-laws for housekeeping purposes which are deemed to be of a minor and/or administrative nature; and, b) amendments to the budget that would impact on the City levy for general purposes or the City capital budget. Deferral 5. In the event consideration of certain actions at a public meeting for which notice was required to be given is deferred or the proposed by-law is not passed at the Council meeting specified on the notice, but deferred, no further notice is required, if a public statement is made at the meeting that the matter has been deferred and the municipality now intends to consider the subject matter/by-law at a later Council meeting as specified in the public statement. This applies to any further deferrals of the matters. Emergency 6. If a matter arises, which in the opinion of the CAO, in consultation with the Mayor, is considered to be of an urgent or time sensitive nature, or which could affect the health or well-being of the residents of the City of Kitchener, or if a State of Emergency is declared or if so advised by a Provincial Ministry, the Clerk shall make best efforts to provide as much prior notice as is reasonable under the circumstances or will provide notice of the action as soon as possible following the action. Applicability 7. The notice requirements set out in this policy apply to those situations where the Municipality is required under the Municipal Act, 2001, or its regulations, to give notice to the public of the municipality's intention to pass certain by- laws or take certain actions at a public meeting for which the form and manner of the notice has not been prescribed in the Municipal Act, 2001 or other provincial legislation except where notice is otherwise expressly provided in a by-law of The Corporation of the City of Kitchener. 5. HISTORY OF POLICY CHANGES Administrative Updates 2016-06 -1-287 policy template re -formatted to new numbering system and given number ADM -COM -287. Formal Amendments 5 of 6 Page 63 of 334 Policy No: ADM -COM -287 Policy Title: PUBLIC NOTICE - MUNICIPAL ACT 2001, AS AMENDED No amendment history to date. 6 of 6 Page 64 of 334 J K; R POLICY Policy No. ADM-COM-287 Policy Title: PUBLIC NOTICE - Approval Date: February 24, 2003 MUNICIPAL ACT 2001, AS AMENDED Reviewed Date: June 2016 Next Review Date: June 2021 Policy Type: COUNCIL Reviewed Date: Category: Administration Last Amended: Sub-Category: Communications Author: City Clerk, Council/Committee Replaces: 1-287, Public Notice - Services Municipal Act 2001, as amended Dept/Div: Finance & Corporate Repealed: Services/Legislated Services Replaced by: Related Policies, Procedures and/or Guidelines: Municipal Act, 2001 Legislation Act 2006--„ ho ;n^',,,_o,_ ;;+ no„+ POLICY PURPOSE: The Municipal Act, 2001, S.O. 2001, c. 25 ,the Act requires municipalities to give notice to the public of the municipality's intention to pass certain by-laws or take certain other actions at a public meeting for which the form and manner of the notice has not otherwise been prescribed in the Act. The notice to be given shall be adequate to give reasonable notice under each of the respective provisions of the Municipal Act, 2001. 2. DEFINITIONS: For the purpose of this policy the following definitions apply: a) "advertising" means advertising that is placed to promote overall awareness of the City or on behalf of the Corporation. b) "Council" means Kitchener Citv Council as a whole. c) "City Facility(ies)" means all physical property, buildings, facilities, lands, premises, goods and other assets owned, leased and/or maintained by the Corporation of the City of Kitchener. 1 of 6 Page 65 of 334 Policy No: ADM -COM -287 Policy Title: PUBLIC NOTICE - MUNICIPAL ACT 2001, AS AMENDED d) "Legislation Act" means the Legislative Act, 2006, S.O. 2006, c. 21 Sched. F, as may be amended. p> "newspaper" means a document that, (a) is printed in sheet form, published at regular intervals of a week or less and circulated to the general public, and consists primarily of news of current events of general interest; ("journal") and, (b) may include an online subscription o f) "online publication" means notices posted to the City's website. g) "Procedure By-law" means the By-law that outlines the process that Kitchener City Council follows to adopt bylaws, pass resolutions, and conducts business. It establishes rules of procedure by which Kitchener City Council and Standing Committees function and facilitate public participation. a4h)"published" means published in a daily or weekly newspaper, that, in the opinion of the Clerk, has such circulation within the municipality as to provide reasonable notice to those affected thereby. 4�—"Regular Business Hours" means the time period(s) as defined in the location - specific access procedures and/or signage of each City Facility."� ,m i1 ihliohoi-1 in a daily r\r Weekly n �,�that, in the�j GPinieR of vT ss sanh n a n �nii�.A the ml-'RiGipality as st pFgyide rease-Aabble nAfino to fhARA AffAr-ted theFeby i) "Website" means the official City of Kitchener website at www.kitchener.ca. SCOPE: 2of6 Page 66 of 334 POLICY APPLIES TO THE FOLLOWING: ❑ All Employees ❑x-�4 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. ❑x Specified Positions only: City Clerk ❑ Other: ❑x Council ❑ Local Boards & Advisory Committees 2of6 Page 66 of 334 Policy No: ADM -COM -287 Policy Title: PUBLIC NOTICE - MUNICIPAL ACT 2001, AS AMENDED Statutory notice to the public under the Act, other legislation or by-law, P -LoGa4 Impreyernent Nletinoc will be completed in accordance with this Policy as well as any prescribed notice content, signage or mailing requirements. Nothing in this Policy prevents the Clerk from using additional methods of notice that, in the Clerk's opinion, are more effective or provide a longer notice period. Further, nothing in this Policy prevents the Clerk from using the public notification methods contained in this Policy for matters not otherwise required under this Policy. This Policy does not apply to public relations materials including advertising, posters, brochures or event program advertisements. 4. POLICY CONTENT: 1. Accordingly, Council has directed that where notice of intention to pass certain by-laws or take certain actions at a public meeting is required to be given for which notice requirements are not prescribed under the provisions of the Municipal Act, 2001, as amended, or its regulations, such notice shall be in the form and manner hereinafter set out: a) The notice shall include the following information: i) a description of the purpose for the meeting or the purpose and effect of the proposed by-law; ii) date, time and location of the meeting at which the matter will be considered; iii) a description of how and where comments and/or objections can be made; and, iv) contact information for the purpose of submitting written comments, prior to the meeting, including any submission deadline; b) Notice shall be published in a newspaper; c) Notice in the newspaper shall be given at least once, not less than nine (9) days before the event the notice relates to; d) Personal notice by registered mail or prepaid (regular) mail or personal service shall be given in those situations where there are a limited 3 of 6 Page 67 of 334 Policy No: ADM -COM -287 Policy Title: PUBLIC NOTICE - MUNICIPAL ACT 2001, AS AMENDED number of people affected by the intention to pass a by-law pertaining to the permanent closure or altering of a highway, the designation of a highway as a controlled access highway or changing the name of a highway or private road; and, e) Where the notice relates to events affecting the fundamental structure of the municipality such as a restructuring proposal, changing the H�aHe name of the municipality, changing the composition of Council and the establishment of wards, a second notice shall be placed in the newspaper, such that the notices are published in different weeks. 2. Where a legislated notice requirement under an Act or Regulation must be provided and there are no suitable printed newspapers that meet the definition of a Newspaper, notice shall be given in the form and manner set out: a) Notice to the public shall be posted on the "Public Consultations" page of the City's website for at least the two-week period immediately preceding the Council or Committee meeting at which the matter will be considered, and an opportunity is provided for members of the public to speak to or submit correspondence regarding the matter. b) Notice to the public given under this section is sufficient even if there are times during the two-week period that the City's website is not accessible. c) The Public Notice may also be sent to City Facilities for posting on appropriate bulletin boards accessible to the public during Regular Business Hours. Notices may also be sent to other community stakeholders as determined by applicable staff. d) Notice to the public given under this section shall contain the required information from Section 1. The form and manner of notice described in this Policy constitutes the minimum notification required by Council; however, it is recognized that circumstances may arise where it is advisable to extend the breadth of notice to encompass other notice formats such as public agenda, verbal notice at a public meeting, neighborhood newsletter, City-wide newsletter, tax bill insert, and separate mailings to households. 4of6 Page 68 of 334 Policy No: ADM -COM -287 Policy Title: PUBLIC NOTICE - MUNICIPAL ACT 2001, AS AMENDED Exceptions Notwithstanding the Notice requirements established by this Policy, Council hereby acknowledges that no notice is required for any amendment to the budget that would not impact on the City levy for general purposes or the City capital budget and notice in the form of placement of a staff report discussing the said amendments, on a Committee and/or Council agenda shall be considered sufficient notice with respect to the following: a) amendments to licensing by-laws, its Procedural By-law and any other regulatory or administrative type by-laws for housekeeping purposes which are deemed to be of a minor and/or administrative nature; and, b) amendments to the budget that would impact on the City levy for general purposes or the City capital budget. Deferral 45. In the event consideration of certain actions at a public meeting for which notice was required to be given is deferred or the proposed by-law is not passed at the Council meeting specified on the notice, but deferred, no further notice is required, if a public statement is made at the meeting that the matter has been deferred and the municipality now intends to consider the subject matter/by-law at a later Council meeting as specified in the public statement. This applies to any further deferrals of the matters. Emergency 6-6. If a matter arises, which in the opinion of the CAO, in consultation with the Mayor, is considered to be of an urgent or time sensitive nature, or which could affect the health or well-being of the residents of the City of Kitchener, or if a State of Emergency is declared or if so advised by a Provincial Ministry, the Clerk shall make best efforts to provide as much prior notice as is reasonable under the circumstances or will provide notice of the action as soon as possible following the action and wall present Applicability 6-7. The notice requirements set out in this policy apply to those situations where the Municipality is required under the Municipal Act, 2001, or its regulations, to give notice to the public of the municipality's intention to pass certain by-laws or take certain actions at a public meeting for which 5 of 6 Page 69 of 334 Policy No: ADM -COM -287 Policy Title: PUBLIC NOTICE - MUNICIPAL ACT 2001, AS AMENDED the form and manner of the notice has not been prescribed in the Municipal Act, 2001 or other provincial legislation except where notice is otherwise expressly provided in a by-law of The Corporation of the City of Kitchener. 5. HISTORY OF POLICY CHANGES Administrative Updates 2016-06 -1-287 policy template re -formatted to new numbering system and given number ADM -COM -287. Formal Amendments No amendment history to date. 6 of 6 Page 70 of 334 J POLICY APPLIES TO THE FOLLOWING: Kt�iCR ❑ POLICY Policy. No: FIN -GRA -785 Policy Title: SEWER SURCHARGE Approval Date: April 13, 1993 ❑ REBATES ❑ Non Union ❑ Reviewed Date: May 2017 Policy Type: COUNCIL Next Review Date: May 2022 Category: Finance Reviewed Date: Sub -Category: Grants, Rebates & Incentives Last Amended: March 21, 2017 Author: Design & Approvals Engineer K.P.F.F.A. ❑ Specified Positions only: Engineer Design & Approvals ❑x Replaces: 1-785, Sewer Surcharge Dept/Div: Infrastructure Rebates Local Boards & Advisory Committees Services/Engineering Repealed: Replaced by. Related Policies, Procedures and/or Guidelines: Rebate Policy Guidelines (found on The City of Kitchener's website) 1. POLICY PURPOSE: To provide a sanitary sewer rebate to customers that redirect water from the sanitary sewer by means of an accepted use. 2. DEFINITIONS: Certified engineering report for the purposes of this policy means a report signed and sealed, by a licensed Professional Engineer verifying the volume of water redirected from the sanitary sewer. 3. SCOPE: 1 of 2 Page 71 of 334 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: Engineer Design & Approvals ❑x Other: Customers who meets criteria for rebate ❑ Council ❑ Local Boards & Advisory Committees 1 of 2 Page 71 of 334 Policy No: FIN -GRA -785 Policy Title: SEWER SURCHARGE REBATES This policy applies to customers that meet the criteria for a sanitary sewer rebate. 4. POLICY CONTENT: 1. That the past practice of providing annual sewer surcharge rebates be continued in the following cases: a) industrial process water b) evaporation losses - (cooling, humidification) C) ice making (arenas and outdoor rinks) d) snow making, and further, 2. That rebates be provided following compliance with the foregoing criteria, existing application procedures, and rebate policy guidelines as amended from time to time, and further, 3. That rebates not be provided in the following cases: a) public and private water amenities - (swimming pools, splash pads) b) all lawn watering, and further, 4. That rebates only be provided in cases where the value exceeds $100.00 in any given year. 5. That rebates be provided upon receipt of a certified engineering report. 6. That rebates not be provided on a retroactive basis. 5. HISTORY OF POLICY CHANGES Administrative Updates 2001 -Dec - Minor updates 2016-06-01- 1-785 policy template reformatted to new numbering system and given number FIN -GRA -785. 2017-08-09- Minor Amendment Formal Amendments 2017-03-21- As per CLT directive. 2of2 Page 72 of 334 J POLICY APPLIES TO THE FOLLOWING: Kt�iCR ❑ POLICY Policy. No: FIN -GRA -785 Policy Title: SEWER SURCHARGE Approval Date: April 13, 1993 ❑ REBATES ❑ Non Union ❑ Reviewed Date: May 2017 Policy Type: COUNCIL Next Review Date: May 2022 Category: Finance Reviewed Date: Sub -Category: Grants, Rebates & Incentives Last Amended: March 21, 2017 Author: Design & Approvals Engineer K.P.F.F.A. ❑ Specified Positions only: Engineer Design & Approvals ❑x Replaces: 1-785, Sewer Surcharge Dept/Div: Infrastructure Rebates Local Boards & Advisory Committees Services/Engineering Repealed: Replaced by. Related Policies, Procedures and/or Guidelines: Rebate Policy Guidelines (found on The City of Kitchener's website) 1. POLICY PURPOSE: To provide a sanitary sewer rebate to customers that redirect water from the sanitary sewer by means of an accepted use. 2. DEFINITIONS: Certified engineering report for the purposes of this policy means a report signed and sealed, by a licensed Professional Engineer verifying the volume of water redirected from the sanitary sewer. 3. SCOPE: 1 of 2 Page 73 of 334 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: Engineer Design & Approvals ❑x Other: Customers who meets criteria for rebate ❑ Council ❑ Local Boards & Advisory Committees 1 of 2 Page 73 of 334 Policy No: FIN -GRA -785 Policy Title: SEWER SURCHARGE REBATES This policy applies to customers that meet the criteria for a sanitary sewer rebate. 4. POLICY CONTENT: 1. That the past practice of providing annual sewer surcharge rebates be continued in the following cases: a) industrial process water b) evaporation losses - (cooling, humidification) C) ice making (arenas and outdoor rinks) d) snow making, and further, 2. That rebates be provided following compliance with the foregoing criteria, existing application procedures, and rebate policy guidelines as amended from time to time, and further, 3. That rebates not be provided in the following cases: a) public and private water amenities - swimming pools, splash pads) b) all lawn watering, and further, 4. That rebates only be provided in cases where the value exceeds $100.00 in any given year. 5. That rebates be provided upon receipt of a certified engineering report. 6. That rebates not be provided on a retroactive basis. 5. HISTORY OF POLICY CHANGES Administrative Updates 2001 -Dec - Minor updates 2016-06-01- 1-785 policy template reformatted to new numbering system and given number FIN -GRA -785. 2017-08-09- Minor Amendment Formal Amendments 2017-03-21- As per CLT directive. 2of2 Page 74 of 334 J K;R POLICY Policy No: GOV-BOA-010 Policy Title: NOMINATING COMMITTEE - Approval Date: June 25, 2012 TERMS OF REFERENCE Reviewed Date: October 2021 Policy Type: COUNCIL Next Review Date: July 2026 Category: Governance Reviewed Date: October 2021 Last Amended: September 2023 Sub-Category: Board & Committee Replaces: 1-010 -Nominating Author: Council/Committee Services Committee - Terms of Reference Dept/Div. Corporate Services/Legislated Services 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 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: "Advisory Committee" a committee created by Council, to report to Staff or a designated Committee on a specific subject. These Committees do 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 of Page 75 of 334 Policy No: GOV-BOA-010 Policy Title: NOMINATING COMMITTEE - TERMS OF REFERENCE 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: 4. POLICY CONTENT: 4.1 Committee Composition and Reporting of Page 76 of 334 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: 0 Other: Nominating Committee ❑ Council 0 Local Boards & Advisory Committees 4. POLICY CONTENT: 4.1 Committee Composition and Reporting of Page 76 of 334 Policy No: GOV-BOA-010 Policy Title: NOMINATING COMMITTEE - TERMS OF REFERENCE (a) The Nominating Committee will be appointed by Council and comprised of five community members, being representatives from: • Waterloo Region Community Foundation (WRCF) (President /Chief Executive Officer or Director of Philanthropy or designate) • Kitchener Waterloo Multicultural 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 Waterloo Chamber of Commerce (President/Chief Executive Officer, or designate); and, Staff will include: (i) Director, Legislated Services, or designate, (ii) Legislative Clerk, or designate. (b) Composition of the Nominating Committee shall be supplemented by one Equity Anti -Racism staff member when considering applications to the Equity & Anti -Racism Advisory Committee. (c) Typically, 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 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. (g) Meeting frequency will depend on the appointment cycle and ad hoc meetings will occur as required to meet the obligations of Council's schedule. of Page 77 of 334 Policy No: GOV-BOA-010 Policy Title: NOMINATING COMMITTEE - TERMS OF REFERENCE (f) The Committee shall report directly to Council. When reporting to Council de- anonymized demographic data for all applicants and those recommended for selection shall be communicated to Striking Committee and Council to further support that recommended appointments are reflective of the community as a whole (diverse in terms of age, residency, race, gender identity, sexuality etc.). 4.2Quorum (a) Quorum for the Nominating Committee is 3 members. 4.3 Responsibilities The Nominating Committee will be responsible for: (a) Implementing an accessible and inclusive advisory committee recruitment and application process. (b) Convening, as required, to fill Advisory Committee and Quasi -Judicial vacancies. This may be at the call of the Chair or from a specific request of Legislated Services staff with a vacancy/vacancies. (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. (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 by a simple majority vote of the members present at a meeting of the Nominating Committee that 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. (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 of Page 78 of 334 Policy No: GOV-BOA-010 Policy Title: NOMINATING COMMITTEE - TERMS OF REFERENCE planning has been considered. Council will consider the eligible candidates and decide upon a slate of nominees for appointment to each committee with eligibility for re -appointment for a maximum of two additional terms. 5. HISTORY OF POLICY CHANGES Administrative Updates 2016-07-01 - 1-010 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 of Page 79 of 334 J K;R POLICY Policy No: GOV-BOA-010 Policy Title: NOMINATING COMMITTEE - Approval Date: June 25, 2012 TERMS OF REFERENCE Reviewed Date: October 2021 Policy Type: COUNCIL Next Review Date: July 2026 Category: Governance Reviewed Date: October 2021 Last Amended: September 2023 Sub-Category: Board & Committee Replaces: 1-010 -Nominating Author: Council/Committee Services Committee - Terms of Reference Dept/Div. Corporate Services/Legislated Services 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 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: "Advisory Committee" a committee created by Council, to report to Staff or a designated Committee on a specific subject. These Committees do not deliver municiaal services. direct staff. or make decisions bindina on the Citv. "Chair" the role to facilitate and chair meetin "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 enaaaement obiectives and is contained in the terms of reference for the advisory body. 1 of 5 Page 80 of 334 Policy No: GOV-BOA-010 Policy Title: NOMINATING COMMITTEE - TERMS OF REFERENCE "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: 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: of Page 81 of 334 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: ❑x Other: Nominating Committee ❑ Council ❑x Local Boards & Advisory Committees 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: of Page 81 of 334 Policy No: GOV-BOA-010 Policy Title: NOMINATING COMMITTEE - TERMS OF REFERENCE • Waterloo Region Community Foundation (WRCF) (President /Chief Executive Officer or Director of Philanthropy or designate) • Kitchener Waterloo Multicultural 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 Waterloo Chamber of Commerce (President/Chief Executive Officer, or designate); and, Staff will include: (i) Director, Legislated Services, or designate, (ii) Legislative Clerk, or designate. (b) Composition of the Nominating Committee shall be supplemented by one Equity Anti -Racism staff member when considering applications to the Equity & Anti -Racism Advisory Committee. (c) Typically, 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. (e) All members will serve for a period of 2 years. (f) The Committee will be Chaired by one of the citizen appointees. (g) Meetings will be held by video or teleconference or other such communication method that allows all participants equal access to communicate with one another. (h) Meeting frequency will depend on the appointment cycle and ad hoc meetings will occur as required to meet the obligations of Council's schedule. (i) The Committee shall report directly to Council. When reporting to Council de- anonymized demographic data for all applicants and those recommended for selection shall be communicated to Striking Committee and Council to further of Page 82 of 334 Policy No: GOV-BOA-010 Policy Title: NOMINATING COMMITTEE - TERMS OF REFERENCE 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 the Nominating Committee is 3 members. Responsibilities The Nominating Committee will be responsible for: (a) Implementing an accessible and inclusive advisory committee recruitment and application process. (b) Convening, as required, to fill Advisory Committee and Quasi -Judicial vacancies. This may be at the call of the Chair or from a specific request of Legislated Services staff with a vacancy/vacancies. (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. (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 by a simple majority vote of the members present at a meeting of the Nominating Committee that 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. (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. of Page 83 of 334 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 with eligibility for re -appointment for a maximum of two additional terms. 5. HISTORY OF POLICY CHANGES Administrative Updates 2016-07-01 - 1-010 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 of Page 84 of 334 J xix POLICY Policy No: GOV-BOA-060 Policy Title: ADVISORY COMMITTEES Approval Date: August 27, 2001 Reviewed Date: June 2016 Policy Type: COUNCIL Category: Governance Next Review Date: July 2021 Sub-Category: Board & Committee Last Amended: September 8, 2008 Author: City Clerk, Director of Replaces: 1-060, Advisory Legislated Services Dept/Div: Finance & Corporate Services Committees Department, Legislated Services Repealed: Replaced by: Related Policies, Procedures and/or Guidelines: To be included at next review. 1. POLICY PURPOSE: Advisory Committees are established by Council and typically consist of public members who are appointed by Council and provide recommendations to Council. 2. DEFINITIONS: "Advisory Committees" those committees, whose members are appointed by Council, to provide advice and recommendations to Council as requested on areas within their mandates with no authority for decision making or independent actions. "Chair" the individual appointed by a Committee to act as the Chair of the Committee at any given meeting. "City" the Corporation of the City of Kitchener. "Clerk" the person appointed by Council under Section 228 of the Municipal Act, 2001, S.O. 2001, c. 25. d). "Member" an individual who has been appointed by Council as a member of an Advisory Committee, Quasi -Judicial Tribunal or Board. 1 of 3 Page 85 of 334 Policy No: GOV-BOA-060 Policy Title: ADVISORY COMMITTEES "Staff" the City staff member(s) who provide administrative and legislative assistance. Vice -Chair" means the individual appointed by a Committee to act as the Vice - Chair of the Committee at any given meeting and shall assume the authority and perform all the duties of the Chair in the absence of the Chair. 3. SCOPE: 4. POLICY CONTENT: Advisory Committee Structure That the following Advisory Committee structure be established subject to Council review: a) Arts & Culture Advisory Committee b) Safe & Healthy Community Advisory Committee C) Heritage Kitchener Committee d) Downtown Action & Advisory Committee e) Economic Development Committee f) Environment Committee g) Cycling & trails Advisory Committee h) Compass Kitchener Committee 2of3 Page 86 of 334 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: ❑x Council ❑x Local Boards & Advisory Committees 4. POLICY CONTENT: Advisory Committee Structure That the following Advisory Committee structure be established subject to Council review: a) Arts & Culture Advisory Committee b) Safe & Healthy Community Advisory Committee C) Heritage Kitchener Committee d) Downtown Action & Advisory Committee e) Economic Development Committee f) Environment Committee g) Cycling & trails Advisory Committee h) Compass Kitchener Committee 2of3 Page 86 of 334 Policy No: GOV-BOA-060 Policy Title: ADVISORY COMMITTEES NOTE: See individual policies for each Committee's membership and mandate. Chair and Vice -Chair Svstem A Chair and Vice -Chair System be adopted for each Advisory Committee, with a member of Council may sit as either Chair or Vice -chair. S u b-com m ittees Where an Advisory Committee feels a sub-committee(s) is required, such committee be ad hoc in nature, with a specific, clearly articulated mandate, and be reviewed annually to determine whether they need to continue. Membership on sub -committees may be expanded, if required, to include people who are not Advisory Committee members, to benefit from individual expertise. 5. HISTORY OF POLICY CHANGES Administrative Updates 2016-06-01 -1-060 policy template re -formatted to new numbering system and given number GOV-BOA-060 2017-08-04 - Minor edits relating to names of Committees. Formal Amendments 2008-09-08 - As per Council's directive. 3 of 3 Page 87 of 334 J KAT R POLICY Policy No: GOV-BOA-060 Policy Title: ADVISORY COMMITTEES Approval Date: August 27, 2001 Reviewed Date: June 2016 Policy Type: COUNCIL Category: Governance Next Review Date: July 2021 Sub -Category: Board & Committee Last Amended: September 8, 2008 Author: City Clerk, Director of Replaces: 1-060, Advisory Legislated Services Dept/Div: Finance & Corporate Services Committees Department, Legislated Services Repealed: Replaced by: Related Policies, Procedures and/or Guidelines: To be included at next review. 1. POLICY PURPOSE: Advisory Committees are established by Council and typically consist of public members who are appointed by Council and provide recommendations to Counci1.Te -h e i.Ar__ A e x roiioni DEFINITIONS: "Advisory Committees" those committees, whose members are appointed by Council, to provide advice and recommendations to Council as requested on areas within their mandates with no authority for decision making or independent actions. "Chair" the individual appointed by a Committee to act as the Chair of the Committee at any given meeting. "City" the Corporation of the City of Kitchener. "Clerk" the person appointed by Council under Section 228 of the Municipal Act, 2001, S.O. 2001, c. 25. d). "Member" an individual who has been appointed by Council as a member of an Advisory Committee. Quasi -Judicial Tribunal or Board. 1 of 3 Page 88 of 334 Policy No: GOV-BOA-060 Policy Title: ADVISORY COMMITTEES "Staff" the City staff member(s) who provide administrative and legislative assistance. Vice -Chair" means the individual appointed by a Committee to act as the Vice - Chair of the Committee at any given meeting and shall assume the authority and perform all the duties of the Chair in the absence of the Chair. 3. SCOPE: 4. POLICY CONTENT: Advisory Committee Structure That the revised following Advisory Committee structure be established subject ni Minor! in the r nr f ('ni 1RGWCf.ff \A/nrLinn Gre ire to }Council retvi�e�w:... i�s���Te�-rte date nr�-cug�'�r-F`'i , L appFeved (as a m edo d a) Arts & Culture Advisory Committee b) Safe & Healthy Community Advisory Committee C) Heritage Kitchener Committee d) Downtown Action & Advisory Committee e) Economic Development Committee 2of3 Page 89 of 334 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: 0 Council 0 Local Boards & Advisory Committees 4. POLICY CONTENT: Advisory Committee Structure That the revised following Advisory Committee structure be established subject ni Minor! in the r nr f ('ni 1RGWCf.ff \A/nrLinn Gre ire to }Council retvi�e�w:... i�s���Te�-rte date nr�-cug�'�r-F`'i , L appFeved (as a m edo d a) Arts & Culture Advisory Committee b) Safe & Healthy Community Advisory Committee C) Heritage Kitchener Committee d) Downtown Action & Advisory Committee e) Economic Development Committee 2of3 Page 89 of 334 Policy No: GOV-BOA-060 Policy Title: ADVISORY COMMITTEES f) Environment Committee g) Cycling & trails Advisory Committee h) Compass Kitchener Committee NOTE: See individual policies for each Committee's membership and mandate. Chair and Vice -Chair System A Chair and Vice -Chair System be adopted for each Advisory Committee, with a member of Council may sit as either Chair or Vice -chair. Sub -committees Where an Advisory Committee feels a sub-committee(s) is required, such committee be ad hoc in nature, with a specific, clearly articulated mandate, and be reviewed annually to determine whether they need to continue. Membership on sub -committees may be expanded, if required, to include people who are not Advisory Committee members, to benefit from individual expertise. 5. HISTORY OF POLICY CHANGES Administrative Updates 2016-06-01 - 1-060 policy template re -formatted to new numbering system and given number GOV-BOA-060 2017-08-04 - Minor edits relating to names of Committees. Formal Amendments 2008-09-08 - As per Council's directive. 3of3 Page 90 of 334 Policy No: GOV-BOA-063 Policy Title: APPOINTMENT TO BOARDS & COMMITTEES J YI Tcf IENER POLICY Policy No: GOV-BOA-063 Policy Title: APPOINTMENT TO BOARDS & Approval Date: September 8, 2008 COMMITTEES Reviewed Date: July 2016 Policy Type: COUNCIL Next Review Date: July 2021 Category: Governance Sub -Category: Board &Committee Last Amended: October 1, 2012 Replaces: 1-063, Appointment to Author: City Clerk, Director of Legislated Services Boards & Committees Dept/Div: Corporate Services Department, Legislated Services Repealed: Replaced by: Related Policies. Procedures and/or Guidelines: To be included at next review. POLICY PURPOSE: The purpose of this policy is to define the City's advisory committee and board structures, and provide consistent and transparent process for public appointments to advisory committees and local boards at the City of Kitchener. 2. DEFINITIONS: "Advisory Committees" those committees, whose members are appointed by Council, to provide advice and recommendations to Council as requested on areas within their mandates with no authority for decision making or independent actions. "Chair" the individual appointed by a Committee to act as the Chair of the Committee at any given meeting. "City" the Corporation of the City of Kitchener. "Clerk" the person appointed by Council under Section 228 of the Municipal Act, 2001, S.O. 2001, c. 25. d). Page 91 of 334 Policy No: GOV-BOA-063 Policy Title: APPOINTMENT TO BOARDS & COMMITTEES "Local Boards" those established by legislation and members are appointed by Council. They have authority to address their responsibilities as determined under the relevant legislation. Examples include the Kitchener Public Library Board, Kitchener Housing Inc. Board, Centre in the Square Board of Management, Downtown Kitchener Business Improvement Area Board of Management and the Belmont Business Improvement Area Board of Management. "Member" an individual who has been appointed by Council as a member of an Advisory Committee, Quasi -Judicial Tribunal or Board. "Nominating Committee" a Committee established by Council, which makes recommendations to Council regarding the appointment of members of the public to all Advisory Committees and Quasi -Judicial Tribunals. They receive and review all applications from members of the public who wish to serve on Committees or Tribunal. "Quasi -Judicial Tribunals" operate independently from the City and hold hearings to resolve disputes, regulate activities, adjudicate on matters and determine legal rights and benefits. "Scoring Matrix" a scorecard used to compare basic quantitative and qualitative suitability of candidates. "Staff' the City staff member(s) who provide administrative and legislative assistance. "Statutory Committees" those permitted or required by provincial legislation and perform functions as specified in the relevant legislation. Examples include the Committee of Adjustment, Property Standards Committee, Municipal Election Audit Compliance Committee, Accessibility Advisory Committee, and the Heritage Kitchener Committee. "Vice -Chair" means the individual appointed by a Committee to act as the Vice -Chair of the Committee at any given meeting and shall assume the authority and perform all the duties of the Chair in the absence of the Chair. 3. SCOPE: Page 92 of 334 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. ❑x Specified Positions only: City Clerk ❑ Other: ❑x Council ❑x Local Boards & Advisory Committees Page 92 of 334 Policy No: GOV-BOA-063 Policy Title: APPOINTMENT TO BOARDS & COMMITTEES This Policy shall govern the actions of Legislated Services staff, Council and the Nominating Committee formed by Council to make recommendations to Council regarding appointments. This Policy does not apply to provincial appointments made by the Order of Council. 4. POLICY CONTENT: 1. Recruitment for Advisory Committees, Quasi -Judicial Tribunals and Local Boards 1.1 There are three occasions when recruitment occurs. a) Immediately after a municipal election. b) In the last quarter of year 2 of the Council term. c) As vacancies occur throughout the year. 1.2 A notice of call for applications will be issued by Legislated Services in accordance with Section 1.4 of this Policy. 1.3 The notice of the call for applications will include: • Name of the Committee or Board; • The number of positions to fill; • Eligibility criteria, key qualifications and desired competencies, if applicable; • Process for submitting applications and deadline for receipt of applications; • Direction to detailed information about the committee/board, current members and meeting times; and • Note regarding the confidentiality of personal information. 1.4 The following methods may be used to provide notice of recruitment: • The City's website through the Boards and Committee web page; • The City's social media accounts; • Printed newspapers including cultural and ethnic newspapers; • Printed publications posted at community facilities; • Direct email from city staff, council and/or agency stakeholders; or • Workshops and/or focus groups, and • Any other notice mechanism deemed eligible by the Clerk. 1.5 Persons wishing to apply to an Advisory Committee, Quasi -Judicial Tribunal or Board must complete an Application Form and provide any required or optional support material in the prescribed format. 1.6 Complete Application Forms are to be submitted on or before the application deadline. 1.7 Alternate methods of submissions may be made available upon request. Page 93 of 334 Policy No: GOV-BOA-063 Policy Title: APPOINTMENT TO BOARDS & COMMITTEES 1.8 Applications will be received un 11:59 p.m. on the specified date. Applications received after the submission deadline and for non -advertised vacancies shall not be considered, but may be retained to fill future vacancies. 1.9 All personal information will be treated in confidence and protected pursuant to the Municipal Freedom of Information and Protection of Privacy Act. 2. Demographic Diversity Information 2.0 To enable the City to achieve its objectives for access, equity and diversity and to assist the City in its efforts to appoint Committees, Tribunals and Boards that collectively reflect the diversity of the community, applicants are encouraged but not required to include self -identified information in their applications. 2.1 The application will include a self -identification form where applicants can provide information about their gender, age group, Aboriginal status, racial group, disability status, and sexual orientation. 2.2 Self -identified diversity data (applicant pool, short-listed candidates, appointed members) may be monitored and reported on in summary form at different stages of the selection process. The identities of specific candidates shall be kept confidential. 2.3 The purpose of this monitoring is to assess how well diversity objectives have been met and ascertain what improvements could be made such as targeted outreach or removing barriers to participation. 3. Eligibility Requirement 3.1 Except where eligibility requirements are legislatively controlled or set by Policy, members appointed to Advisory Committees, Tribunals or Boards 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. 3.2 If during the term of the appointment a Member 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. 4. Term and Length of Service 4.1 Members will be appointed for a period of time set out in the Terms of Reference for the applicable Committee or Board, and will continue to serve until any of the following scenarios occur: i) Their term expires; Page 94 of 334 Policy No: GOV-BOA-063 Policy Title: APPOINTMENT TO BOARDS & COMMITTEES ii) Their appointment is revoked by Council; iii) They no longer meet the required Eligibility; and, iii) The Board or Committee to which they are appointed is dissolved by Council. 4.2 Notwithstanding Section 4.1, Members shall continue to be appointed and serve beyond their term of appointment until the appointment of successors. A Member may only be appointed to the same committee for a maximum number of 8 consecutive years. 4.3 Any appointment to fill an unexpired term shall not be considered as part of the calculation with respect to the maximum term. 4.4 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. 4.5 Applicants are to be appointed to only one committee at any one time. 5. Boards 5.1 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. 5.2 Council will consider the nominations and decide whether to accept or refer the nominations back to the Board's Nominating Committee. 5.3 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. 6. Advisory Committees 6.1 Advisory Committee Structure That City's Advisory Committee structure shall consist of: a) Arts & Culture Advisory Committee b) Safe & Healthy Community Advisory Committee C) Heritage Kitchener Committee d) Downtown Advisory Committee e) Economic Development Committee f) Climate Change and the Environment Committee Page 95 of 334 Policy No: GOV-BOA-063 Policy Title: APPOINTMENT TO BOARDS & COMMITTEES g) Active Transportation and Trails Advisory Committee h) Compass Kitchener Committee NOTE: See individual policies for each Committee's membership and mandate. 6.2 Chair and Vice -Chair System A Chair and Vice -Chair System shall be adopted for each Advisory Committee, or in its place Co -Chairs may be appointed by the Committee. A member of Council may sit as either Chair, Vice -Chair or Co -Chair. 6.3 Sub -committees Where an Advisory Committee feels a sub-committee(s) is required, such committee be ad hoc in nature, with a specific, clearly articulated mandate, and be reviewed annually to determine whether they need to continue. Membership on sub -committees may be expanded, if required, to include people who are not Advisory Committee members, to benefit from individual expertise. 6.4 Nominating Committee A Nominating Committee will be appointed by Council comprised of five community members and City staff persons as prescribed by the Nominating Committee Terms of Reference (GOV-BOA-010). Following an accessible and inclusive recruitment and application process, the Nominating Committee will assess applicants to Advisory Committees on the basis of expertise / interest and in light of each committee's Terms of Reference, use a Scoring Matrix to evaluate candidate applications, and present Council with a list of qualified candidates for each committee. Council will consider the eligible candidates and decide upon a slate of nominees for appointment to each committee with eligibility for re -appointment for a maximum of two additional terms. 5. HISTORY OF POLICY CHANGES Administrative Updates 2016-06-01 - 1-063 policy template re -formatted to new numbering system and given number GOV-BOA-063 Formal Amendments 2012-10-01 - As per Council/CLT directive. Page 96 of 334 Policy No: GOV-BOA-063 Policy Title: APPOINTMENT TO BOARDS & COMMITTEES J K4ZR POLICY Policy No: GOV-BOA-063 Policy Title: APPOINTMENT TO BOARDS & Approval Date: September 8, 2008 COMMITTEES Reviewed Date: July 2016 Policy Type: COUNCIL Next Review Date: July 2021 Categorv: Governance Last Amended: October 1, 2012 Sub-Categorv: Board &Committee Replaces: 1-063, Appointment to Author: City Clerk, Director of Legislated Services Boards & Committees Dept/Div: Fi�RCorporate Services Repealed: Department, Legislated Services Replaced by: Related Policies, Procedures and/or Guidelines: To be included at next review. POLICY PURPOSE: The purpose of this policy is to define the City's advisory committee and board structures, and provide consistent and transparent process for public appointments to advisory committees and local boards at the City of Kitchener.T^ be ORGl „-ed at DEFINITIONS: To be inr--h- ed- -+ next revm&X "Advisory Committees" those committees, whose members are appointed by Council, to provide advice and recommendations to Council as requested on areas within their mandates with no authority for decision making or independent actions. "Chair" the individual appointed by a Committee to act as the Chair of the Committee at any given meeting. "City" the Corporation of the City of Kitchener. "Clerk" the person appointed by Council under Section 228 of the Municipal Act, 2001, S.O. 2001, c. 25. d). Page 97 of 334 Policy No: GOV-BOA-063 Policy Title: APPOINTMENT TO BOARDS & COMMITTEES "Local Boards" those established by legislation and members are appointed by Council. They have authority to address their responsibilities as determined under the relevant legislation. Examples include the Kitchener Public Library Board, Kitchener Housing Inc. Board, Centre in the Square Board of Management, Downtown Kitchener Business Improvement Area Board of Management and the Belmont Business Improvement Area Board of Management. "Member" an individual who has been appointed by Council as a member of an Advisory Committee, Quasi -Judicial Tribunal or Board. "Nominating Committee" a Committee established by Council, which makes recommendations to Council regarding the appointment of members of the public to all Advisory Committees and Quasi -Judicial Tribunals. They receive and review all applications from members of the public who wish to serve on Committees or Tribunal. "Quasi -Judicial Tribunals" operate independently from the City and hold hearings to resolve disputes, regulate activities, adjudicate on matters and determine legal rights and benefits. "Scoring Matrix" a scorecard used to compare basic quantitative and qualitative suitability of candidates. "Staff"the City staff member(s) who provide administrative and legislative assistance. "Statutory Committees" those permitted or required by provincial legislation and perform functions as specified in the relevant legislation. Examples include the Committee of Adjustment, Property Standards Committee, Municipal Election Audit Compliance Committee, Accessibility Advisory Committee, and the Heritage Kitchener Committee. "Vice -Chair' means the individual appointed by a Committee to act as the Vice -Chair of the Committee at any given meeting and shall assume the authority and perform all the duties of the Chair in the absence of the Chair. SCOPE: Page 98 of 334 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. ❑x Specified Positions only: City Clerk ❑ Other: ❑x Council ❑x Local Boards & Advisory Committees Page 98 of 334 Policy No: GOV-BOA-063 Policy Title: APPOINTMENT TO BOARDS & COMMITTEES This Policy shall govern the actions of Legislated Services staff, Council and the Nominating Committee formed by Council to make recommendations to Council regarding appointments. This Policy does not apply to provincial appointments made by the Order of Council. To ho inrli irl or -I �4 nov4 roii oni 4. POLICY CONTENT: 1. Recruitment for Advisory Committees, Quasi -Judicial Tribunals and Local Boards 1.1 There are three occasions when recruitment occurs. a) Immediately after a municipal election. b) In the last quarter of year 2 of the Council term. c) As vacancies occur throughout the year. 1.2 A notice of call for applications will be issued by Legislated Services in accordance with Section 1.4 of this Policv. 1.3 The notice of the call for applications will include: • Name of the Committee or Board; • The number of positions to fill: • Eligibility criteria, key qualifications and desired competencies, if applicable: • Process for submitting applications and deadline for receipt of applications; • Direction to detailed information about the committee/board, current members and meeting times; and • Note regarding the confidentiality of personal information. 1.4 The followina methods may be used to Drovide notice of recruitment: • The City's website through the Boards and Committee web page: • The Citv's social media accounts: • Printed newsaaaers includina cultural and ethnic newsaaaers • Printed publications posted at community facilities; • Direct email from city staff, council and/or agency stakeholders; or • Workshops and/or focus groups, and • Any other notice mechanism deemed eligible by the Clerk. 1.5 Persons wishina to aaDly to an Advisory Committee. Quasi -Judicial Tribunal or Board must complete an Application Form and provide any required or optional support material in the prescribed format. 1.6 Complete Application Forms are to be submitted on or before the application deadline_ 1.7 Alternate methods of submissions may be made available upon request. Page 99 of 334 Policy No: GOV-BOA-063 Policy Title: APPOINTMENT TO BOARDS & COMMITTEES 1.8 Applications will be received un 11:59 p.m. on the specified date. Applications received after the submission deadline and for non -advertised vacancies shall not be considered, but may be retained to fill future vacancies. 1.9 All personal information will be treated in confidence and protected pursuant to the Municipal Freedom of Information and Protection of Privacy Act. 2. Demographic Diversity InformationAnnnin+mon+s 2.0 To enable the Citv to achieve its obiectives for access. eauitv and diversit and to assist the City in its efforts to appoint Committees, Tribunals and Boards that collectively reflect the diversity of the community, applicants are encouraged but not required to include self -identified information in their applications. 2.1 The application will include a self -identification form where applicants can provide information about their gender, age group, Aboriginal status, racial group, disability status, and sexual orientation. 2.2 Self -identified diversity data (applicant pool, short-listed candidates, appointed members) may be monitored and reported on in summary form at different stages of the selection process. The identities of specific candidates shall be kept confidential. 2.3 The purpose of this monitoring is to assess how well diversity objectives have been met and ascertain what improvements could be made such as targeted outreach or removing barriers to participation. Q 1 1 i`ni innil magi annninf momhorc of the ni lblin W ;nrl nnmmi4fo9c Whofhor 9. that Ge innil make an annnintrneRt 4 GG applications fnr appeintmonts to beards anrl nnmmif400c e-- 3. Eligibility Requirement 3.1 Except where f+oos, v.Ahese eligibility requirements are legislatively controlled or set by _Policy,_4a-)�-members appointed to hetes -and Advisory.r-Arnmittees Committees, Tribunals or Boards 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. Page 100 of 334 Policy No: GOV-BOA-063 Policy Title: APPOINTMENT TO BOARDS & COMMITTEES 3.2 If during the term of the appointment a Member 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. —Term and 1 7 4 §--penial meeting of Ge inniI shall be hold anni al lei nr when rorn sired tG nnncider pp apploGatmens fnr annnin4mon4c fn beards and nmmn*teec E= 44. 3. Length of Service 04.1 Members will be appointed for a period of time set out in the Terms of Reference for the applicable Committee or Board, and will continue to serve until any of the followina scenarios occur: i) Their term expires; ii) Their appointment is revoked by Council; iii) They no longer meet the required Eligibility: and, iii) The Board or Committee to which thev are appointed is dissolved by Council 4.2 Notwithstanding Section 4.1, Members shall continue to be appointed and serve beyond their term of appointment until the appointment of successors. A Member n i may only be appointed to the same committee for a maximum number of 8 consecutive years. 4.3 Any appointment to fill an unexpired term shall not be considered as part of the committee calculation with respect to the maximum term. Any individual will be eligible for re -appointment to the same board or 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. Page 101 of 334 Policy No: GOV-BOA-063 Policy Title: APPOINTMENT TO BOARDS & COMMITTEES 4.5 3.4— Applicants are to be appointed to only one committee at any one time. 4. 44-5. Boards 45.1 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. 5.2 Council will consider the nominations and decide whether to accept or refer the nominations back to the Board's Nominating Committee. 5_3 4 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. 41-6. &.—Advisory Committees 56.1 Advisory Committee Structure That City's Advisory Committee structure shall consist of: a) Arts & Culture Advisory Committee b) Safe & Healthy Community Advisory Committee c) Heritage Kitchener Committee d) Downtown Advisory Committee e) Economic Development Committee f) Climate Change and the Environment Committee g) Active Transportation and Trails Advisory Committee h) Compass Kitchener Committee NOTE: See individual policies for each Committee's membership and mandate. 6.2 Chair and Vice -Chair System A Chair and Vice -Chair System shall be adopted for each Advisory Committee, or in its place Co -Chairs may be appointed by the Committee. A member of Council may sit as either Chair, Vice -Chair or Co -Chair. Page 102 of 334 Policy No: GOV-BOA-063 Policy Title: APPOINTMENT TO BOARDS & COMMITTEES 6.3 Sub -committees Where an Advisory Committee feels a sub-committee(s) is required, such committee be ad hoc in nature, with a specific, clearly articulated mandate, and be reviewed annually to determine whether they need to continue. Membership on sub -committees may be expanded, if required, to include people who are not Advisory Committee members, to benefit from individual expertise. 6.4 Nominating Committee A Nominating Committee will be appointed by Council comprised of five community members and eReCity staff persons as prescribed by the Nominating Committee Terms of Reference (GcOV-BOA-010). The r-.,rnrnittoo ,kill ho nhaiFed by eno of the cn'rt+de l—crpPvnTte$�. dte�ffi--cvc��rvt %av�yetHn` privilegeshie—there in—c f�nilit�tiio ;;Ad rocni irno rnlo 54 T Following an accessible and inclusive recruitment and application process, the Nominating Committee will assess applicants to Advisory Committees on the basis of expertise / interest and in light of each committee's Terms of Reference, use a Scoring Matrix to evaluate candidate applications, and present Council with a list of qualified candidates for each committee. _5 Council will consider the eligible candidates and decide upon a slate of nominees for appointment to each committee fnr a torn, of _ "oars with eligibility for re -appointment for a maximum of two additional terms. 5. HISTORY OF POLICY CHANGES Administrative Updates 2016-06-01 - 1-063 policy template re -formatted to new numbering system and given number GOV-BOA-063 Formal Amendments 2012-10-01 - As per Council/CLT directive. Page 103 of 334 J x,T R POLICY Policy No: GOV-BOA-066 Policy Title: AUDIT COMMITTEE - Approval Date: December 13, 2004 TERMS OF REFERENCE Reviewed Date: July 2016 Policy Type: COUNCIL Next Review Date: July 2021 Category: Governance Last Amended: June 13, 2011 Sub -Category: Board & Committee Replaces: 1-66, Audit Committee, Terms of Reference Author: City Clerk, Director of Legislated Services Repealed: Dept/Div: Finance & Corporate Services, Legislated Services Replaced by: Related Policies, Procedures and/or Guidelines: To be included at next review. 1. POLICY PURPOSE: The Audit Committee is a sub -committee of the Finance & Corporate Services Standing Committee which will deal with detailed matters relating to: corporate financial statements; the audit process, general oversight of financial controls/reporting; compliance with financial regulations/policies; and, risk management. 2. DEFINITIONS: a) "City" means the Corporation of the City of Kitchener; b) "Committee" means the Audit Committee; c) "Council' means the governing body of the City; d) "External Auditor" means an auditor appointed for the City as required by the Municipal Act; e) "Internal Controls" means systems, processes, and procedures developed to: i. Safeguard assets; ii. Ensure the accuracy of the financial data; iii. Promote operational efficiency; and iv. Promote adherence to policies. 1 of 4 Page 104 of 334 Policy No: GOV-BOA-066 Policy Title: AUDIT COMMITTEE - TERMS OF REFERENCE f) "Mayor" means the chief elected official of the City; g) "Member" means an individual appointed to the Committee; h) "Municipal Act" means the Municipal Act, 2001, as amended; i) "Procedure By-law" means the City By-law which provides the Rules of Procedure for Council and its Committees. 3. SCOPE: 4. POLICY CONTENT: Committee Composition and Reporting. Voting members: • All Members of Council Resources to the Committee, as required: • Internal Auditor • External Auditors • Chief Administrative Officer (CAO) • Chief Financial Officer • Director, Reporting and ERP Solutions The Mayor or Acting Mayor in the Mayor's absence, shall serve as Chair of the Audit Committee. Meetings will be held quarterly or at the call of the Chair and minutes will be kept by the Clerk or designate who will distribute the minutes to all of Council 2 of 4 Page 105 of 334 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: ❑x Council ❑x Local Boards & Advisory Committees 4. POLICY CONTENT: Committee Composition and Reporting. Voting members: • All Members of Council Resources to the Committee, as required: • Internal Auditor • External Auditors • Chief Administrative Officer (CAO) • Chief Financial Officer • Director, Reporting and ERP Solutions The Mayor or Acting Mayor in the Mayor's absence, shall serve as Chair of the Audit Committee. Meetings will be held quarterly or at the call of the Chair and minutes will be kept by the Clerk or designate who will distribute the minutes to all of Council 2 of 4 Page 105 of 334 Policy No: GOV-BOA-066 Policy Title: AUDIT COMMITTEE - TERMS OF REFERENCE and the Corporate Leadership Team. All meetings shall be conducted in accordance with Council's Procedure By-law. The Committee shall report directly to Council. Responsibilities Term (a) Review audited corporate financial statements annually. (b) Approve internal audit plans annually & provide recommendations for areas of focus and types of audits. (c ) Oversee the selection process for the external auditor, including approving the appointment and fees. (d) Approve external audit plans, including consideration of financial risk management issues and the required internal control framework. (e) Provide a forum for discussions with external auditor if and when necessary. (f) Responsible for resolution of disagreements between management and the external auditor (if they arise). (g) Have general oversight of internal controls, financial reporting, and compliance with regulations/policies. (h) Review internal & external audit results & recommendations. (i) Ensure that management has established and is maintaining a comprehensive risk and control framework. Concurrent with term of Council (4 years). Frequency of Meetings As required, at minimum quarterly. 5. HISTORY OF POLICY CHANGES Administrative Updates 2016-06-01 -1-066 policy template re -formatted to new numbering system and given GOV-BOA-066. 3of4 Page 106 of 334 Policy No: GOV-BOA-066 Policy Title: AUDIT COMMITTEE - TERMS OF REFERENCE Formal Amendments 2005-05-16 - As per Council/CLT directive. 2011-06-13 - As per Council/CLT directive. 4of4 Page 107 of 334 J x,T R POLICY Policy No: GOV-BOA-066 Policy Title: AUDIT COMMITTEE - Approval Date: December 13, 2004 TERMS OF REFERENCE Reviewed Date: July 2016 Policy Type: COUNCIL Next Review Date: July 2021 Category: Governance Last Amended: June 13, 2011 Sub -Category: Board & Committee Replaces: 1-66, Audit Committee, Terms of Reference Author: City Clerk, Director of Legislated Services Repealed: Dept/Div: Finance & Corporate Services, Legislated Services Replaced by: Related Policies, Procedures and/or Guidelines: To be included at next review. 1. POLICY PURPOSE: The Audit Committee is a sub -committee of the Finance & Corporate Services Standing Committee which will deal with detailed matters relating to: corporate financial statements; the audit process, general oversight of financial controls/reporting; compliance with financial regulations/policies; and, risk management. 2. DEFINITIONS: a) "City" means the Corporation of the City of Kitchener; b) "Committee" means the Audit Committee; c) "Council' means the governing body of the City; d) "External Auditor" means an auditor appointed for the City as required by the Municipal Act - 1 of 4 Page 108 of 334 Policy No: GOV-BOA-066 Policy Title: AUDIT COMMITTEE - TERMS OF REFERENCE e) "Internal Controls" means systems. arocesses. and arocedures develoaed to i. Safeguard assets; ii. Ensure the accuracy of the financial data; iii. Promote operational efficiencv: and iv. Promote adherence to policies; f) "Mayor" means the chief elected official of the City; g) "Member" means an individual appointed to the Committee; 4 h) "Municipal Act" means the Municipal Act, 2001, as amended; ti) "Procedure By-law" means the City By-law which provides the Rules of Procedure for Council and its Committees. T„ "o ;r^', �o� ^+ ro.,+ - v 3. SCOPE: 4. POLICY CONTENT: Committee Composition and Reporting. Voting members: All Members of Council Resources to the Committee, as required: Internal Auditor External Auditors Chief Administrative Officer (CAO) 2 of 4 Page 109 of 334 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: ❑x Council ❑x Local Boards & Advisory Committees 4. POLICY CONTENT: Committee Composition and Reporting. Voting members: All Members of Council Resources to the Committee, as required: Internal Auditor External Auditors Chief Administrative Officer (CAO) 2 of 4 Page 109 of 334 Policy No: GOV-BOA-066 Policy Title: AUDIT COMMITTEE - TERMS OF REFERENCE • Deputy GAG, FinaRGial and GerperateSeNliGesChief Financial Officer • Director Reporting and ERP Solutions 54omhors will be appeinted fnr the form of r^„n„il. The Mayor or Acting Mayor in the Mayor's absence, shall serve as Chair of the Audit Committee. Meetings will be held quarterly or at the call of the Chair and minutes will be kept by the rUernmittee conrofnrii Clerk or designateGemmTttee 4dmonistratef who will distribute the minutes to all of Council and the Corporate Leadership Team. All meetings shall be conducted in accordance with Council's Procedure By-law. The Committee shall report directly to Council. Responsibilities Term (a) Review audited corporate financial statements annually. (b) Approve internal audit plans annually & provide recommendations for areas of focus and types of audits. (c ) Oversee the selection process for °nnr^„o „f the external auditor1 including approving the appointment and fees Q. fool aspeg 61 0 , (d) Approve external audit plans, including consideration of financial risk management issues and the required internal control framework. (e) Provide a forum for discussions with external auditor if and when necessary. (f) Responsible for resolution of disagreements between management and the external auditor (if they arise). (g) Have general oversight of internal controls, financial reporting, and compliance with regulations/policies. (h) Review internal & external audit results & recommendations. (i) Ensure that management has established and is maintaining a comprehensive risk and control framework. Concurrent with term of Council (4 years)., 3of4 Page 110 of 334 Policy No: GOV-BOA-066 Policy Title: AUDIT COMMITTEE - TERMS OF REFERENCE Frequency of Meetings As required, at minimum quarterly. 5. HISTORY OF POLICY CHANGES Administrative Updates 2016-06-01 -1-066 policy template re -formatted to new numbering system and given GOV-BOA-066. Formal Amendments 2005-05-16 - As per Council/CLT directive. 2011-06-13 - As per Council/CLT directive. 4of4 Page 111 of 334 J SCR POLICY Policy No: GOV-BOA-067 Policy Title: LONG SERVICE AWARD - Approval Date: March 2, 2009 BOARDS & COMMITTEES Reviewed Date: July 2016 Policy Type: COUNCIL Next Review Date: July 2021 Category: Governance Amended: Sub -Category: Board & Committee Replaces: 1-67, Long Service Award - Boards & Committees Author: City Clerk, Director of Legislated Services Repealed: Dept/Div: Finance & Corporate Services, Legislated Services Replaced by: Related Policies, Procedures and/or Guidelines: Municipal Act, 2001, S.O. 2001, c. 25. GOV-BOA-063: Appointments to Boards and Committees Policy 1. POLICY PURPOSE: To recognize the commitment made by citizen volunteers who were appointed by Council to sit on City Advisory Committees, Quasi -Judicial Tribunals and Local Boards save and except for members of the Kitchener Downtown Business Improvement Area Board of Management, Belmont Business Improvement Area Board of Management, Grand River Accessibility Advisory Committee and, Enova Power Corporation. 2. DEFINITIONS: "Advisory Committees" those committees, whose members are appointed by Council, to provide advice and recommendations to Council as requested on areas within their mandates with no authority for decision making or independent actions. "City" the Corporation of the City of Kitchener. "Clerk" the person appointed by Council under Section 228 of the Municipal Act, 2001, S.O. 2001, c. 25). "Local Boards" those established by legislation and members are appointed by Council. They have authority to address their responsibilities as determined under the relevant legislation. Examples include the Kitchener Public Library Board, 1 of 3 Page 112 of 334 Policy No: GOV-BOA-067 Policy Title: LONG SERVICE AWARD - BOARDS & COMMITTEES Kitchener Housing Inc. Board, Centre in the Square Board of Management, Downtown Kitchener Business Improvement Area Board of Management and the Belmont Business Improvement Area Board of Management. "Member" an individual who has been appointed by Council as a member of an Advisory Committee, Quasi -Judicial Tribunal or Board. "Quasi -Judicial Tribunals" operate independently from the City and hold hearings to resolve disputes, regulate activities, adjudicate on matters and determine legal rights and benefits. "Staff" the City staff member(s) who provide administrative and legislative assistance. "Statutory Committees" those permitted or required by provincial legislation and perform functions as specified in the relevant legislation. Examples include the Committee of Adjustment, Property Standards Committee, Municipal Election Audit Compliance Committee, Accessibility Advisory Committee, and the Heritage Kitchener Committee. 3. SCOPE: This Policy applies to Members that have resigned or retired from an appointment and meet the eligibility requirements provided in Section 4.1. 4. POLICY CONTENT: 4.1 Recognition Criteria 2of3 Page 113 of 334 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: Citizen Volunteer ❑x Council ❑x Local Boards & Advisory Committees This Policy applies to Members that have resigned or retired from an appointment and meet the eligibility requirements provided in Section 4.1. 4. POLICY CONTENT: 4.1 Recognition Criteria 2of3 Page 113 of 334 Policy No: GOV-BOA-067 Policy Title: LONG SERVICE AWARD - BOARDS & COMMITTEES a) The following recognition will be given to citizen volunteers appointed to Boards, Tribunals and/or Committees under the jurisdiction of City Council: i) A Certificate of Service suitably displayed, for those whose accumulated service is at least 2 years and less than 5 years; or, ii) An Award of Merit such as wooden plaque or other appropriate display for those whose accumulated service is 5 years or more. iii) In addition, the volunteer must have attended at least 70% of the regularly scheduled Board or Committee meetings. b) The City Clerk or designate will consult with the Chair of each committee, tribunal or board and the council representative to ascertain if there are any extenuating circumstances that should be considered in determining for eligibility for presentation. 4.2 Presentation a) The above -noted recognition will be given to the citizen volunteer when they have met the criteria and are no longer appointed to a committee, tribunal or board. b) Presentations will be made at a Council meeting and the respective presentations be made by the member of Council who participated on the said committee, tribunal or board during the previous year or, by the Mayor where there was no Council representative on the committee. 2. HISTORY OF POLICY CHANGES Administrative Updates 2016-06-01 - 1-067 policy template re -formatted to new numbering system and given number GOV-BOA-067. Formal Amendments No amendment history to date. 3 of 3 Page 114 of 334 J K; R POLICY Policy No: GOV-BOA-067 Policy Title: LONG SERVICE AWARD - Approval Date: March 2, 2009 BOARDS & COMMITTEES Reviewed Date: July 2016 Policy Type: COUNCIL Next Review Date: July 2021 Category: Governance Amended: Sub -Category: Board & Committee Replaces: 1-67, Long Service Award - Boards & Committees Author: City Clerk, Director of Legislated Services Repealed: Dept/Div: Finance & Corporate Services, Legislated Services Replaced by: Related Policies, Procedures and/or Guidelines: Municipal Act, 2001, S.O. 2001, c. 25. GOV-BOA-063T^ ho inn1'_-d_oi-1 At „o.,+ review : Appointments to Boards and Committees Policy POLICY PURPOSE: To recognize the commitment made by citizen volunteers who were appointed by Council to sit on City Advisory Committees, Quasi -Judicial Tribunals and Local heards Boards .rte nemmittees save and except for members of the Kitchener Downtown Business Improvement Area Board of Management, Belmont Business Improvement ,area Board ort Management, Grand River Accessibility Advisory Committee and,Ki+arEnova Power Corporation. 2. DEFINITIONS: "Advisory Committees" those committees, whose members are appointed by Council, to provide advice and recommendations to Council as requested on areas within their mandates with no authority for decision making or independent actions. "City" the Corporation of the City of Kitchener. "Clerk" the person appointed by Council under Section 228 of the Municipal Act, 2001. S.O. 2001. c. 25). 1 of 3 Page 115 of 334 Policy No: GOV-BOA-067 Policy Title: LONG SERVICE AWARD - BOARDS & COMMITTEES "Local Boards" those established by legislation and members are appointed by Council. They have authority to address their responsibilities as determined under the relevant legislation. Examples include the Kitchener Public Library Board, Kitchener Housing Inc. Board, Centre in the Square Board of Management, Downtown Kitchener Business Improvement Area Board of Management and the Belmont Business Improvement Area Board of Management. "Member" an individual who has been appointed by Council as a member of an Advisory Committee, Quasi -Judicial Tribunal or Board. "Quasi -Judicial Tribunals" operate independently from the City and hold hearings to resolve disputes, regulate activities, adjudicate on matters and determine legal rights and benefits. "Staff" the City staff member(s) who provide administrative and legislative assistance. "Statutory Committees" those permitted or required by provincial legislation and perform functions as specified in the relevant legislation. Examples include the Committee of Adjustment, Property Standards Committee, Municipal Election Audit Compliance Committee, Accessibility Advisory Committee, and the Heritaae Kitchener Committee. SCOPE: �19-This Policy applies to Members that have resigned or retired from an appointment and meet the eligibility requirements provided in Section 4.1.e innli irlorl �� Hoyt roiioni 4. POLICY CONTENT: 2of3 Page 116 of 334 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: Citizen Volunteer ❑x Council ❑x Local Boards & Advisory Committees �19-This Policy applies to Members that have resigned or retired from an appointment and meet the eligibility requirements provided in Section 4.1.e innli irlorl �� Hoyt roiioni 4. POLICY CONTENT: 2of3 Page 116 of 334 Policy No: GOV-BOA-067 Policy Title: LONG SERVICE AWARD - BOARDS & COMMITTEES 4.1 Recognition Criteria a) The following recognition will be given to citizen volunteers appointed to Boards, Tribunals and/or Committees under the jurisdiction of City Council: i) A Certificate of Service suitably displayed, for those whose accumulated service is at least 2 years and less than 5 years; or, ii) An Award of Merit such as wooden plaque or other appropriate display for those whose accumulated service is 5 years or more. iii) In addition, the volunteer must have attended at least 70% of the regularly scheduled Board or Committee meetings. b) The City Clerk or designate will consult with the Chair of each committee, tribunal or board and the council representative to ascertain if there are any extenuating circumstances that should be considered in determining for eligibility for presentation. 4.2 Presentation a) The above -noted recognition will be given to the citizen volunteer when they have met the criteria and are no longer appointed to a committee tribunal or board. b) Presentations will be made at a Council meeting and the respective presentations be made by the member of Council who participated on the said committee, tribunal or boar( during the previous year or, by the Mayor where there was no Council representative on the committee. 2. HISTORY OF POLICY CHANGES Administrative Updates 2016-06-01 - 1-067 policy template re -formatted to new numbering system and given number GOV-BOA-067. Formal Amendments No amendment history to date. 3 of 3 Page 117 of 334 Policy No: GOV-BOA-095 Policy Title: ECONOMIC DEVELOPMENT ADVISORY COMMITTEE - TERMS OF REFERENCE 1 x�ri R POLICY Policy No: GOV-BOA-095 Policy Title: ECONOMIC DEVELOPMENT Approval Date: August 4, 2005 ADVISORY COMMITTEE - TERMS OF REFERENCE Reviewed Date: October 2021 Policy Type: COUNCIL Next Review Date: July 2026 Reviewed Date: October 2021 Category: Governance Last Amended: August 27, 2012 Sub -Category: Board &Committee Replaces: Author: Author Unknown Dept/Div: Development Services Repealed: Department / Economic Development Replaced by: Related Policies, Procedures and/or Guidelines: To be included at next review. 1. POLICY PURPOSE: The primary purpose of the Economic Development Advisory Committee is to advise Council and the Economic Development Division of the City of Kitchener in the development and on-going implementation of economic development strategies and initiatives. 2. DEFINITIONS: "Ad Hoc Committee" or "Sub Committee" means a committee created with a defined ending, that shall not constitute quorum. "Advisory Committee" means a committee created by Council, to report to Staff or a designated Committee on a specific subject. "Chair" means the role to facilitate and chair meetings. "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. "Vice -Chair" a role that assumes the authority and performs all the duties of the Page 118 of 334 Policy No: GOV-BOA-095 Policy Title: ECONOMIC DEVELOPMENT ADVISORY COMMITTEE -TERMS OF REFERENCE K. CI Chair in the absence of the Chair SCOPE: POLICY CONTENT: The goal of the composition is to ensure representation across sectors while maintaining flexibility to align membership with the Make It Kitchener 2.0 (MIK2.0) Strategy, current sectors are guidelines only. Three (3) Members of City Council One (1) Member of the Community at Large One (1) Representative from each of the Following Business Sectors: High Tech Marketing Downtown Retail Business Consultant Industry ICI Realtor Major Retail (Outside of Downtown) Housing Development Labour Council Manufacturing Financial (Banking) Downtown Office Owner Hospitality/Convention/Tourism Industry Health Sciences Education Arts & Culture Members will be appointed to 4 years terms staggered with an overlap 50/50 split to ensure that the committee has continuous coverage. The Committee shall, from amongst its members, choose Committee Co -Chairs which may or may not include one member of Council. Meetings will be held monthly or at the call of the Chair and minutes will be kept by the committee administrator who will distribute the minutes to all of Council and the Corporate Leadership Team. All meetings shall be conducted in accordance with Council's Procedure By-law and as such, a quorum is defined as half plus one (1) of current committee members. Page 119 of 334 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: ❑ Council OLocal Boards & Advisory Committees POLICY CONTENT: The goal of the composition is to ensure representation across sectors while maintaining flexibility to align membership with the Make It Kitchener 2.0 (MIK2.0) Strategy, current sectors are guidelines only. Three (3) Members of City Council One (1) Member of the Community at Large One (1) Representative from each of the Following Business Sectors: High Tech Marketing Downtown Retail Business Consultant Industry ICI Realtor Major Retail (Outside of Downtown) Housing Development Labour Council Manufacturing Financial (Banking) Downtown Office Owner Hospitality/Convention/Tourism Industry Health Sciences Education Arts & Culture Members will be appointed to 4 years terms staggered with an overlap 50/50 split to ensure that the committee has continuous coverage. The Committee shall, from amongst its members, choose Committee Co -Chairs which may or may not include one member of Council. Meetings will be held monthly or at the call of the Chair and minutes will be kept by the committee administrator who will distribute the minutes to all of Council and the Corporate Leadership Team. All meetings shall be conducted in accordance with Council's Procedure By-law and as such, a quorum is defined as half plus one (1) of current committee members. Page 119 of 334 Policy No: GOV-BOA-095 Policy Title: ECONOMIC DEVELOPMENT ADVISORY COMMITTEE -TERMS OF REFERENCE In accordance with the Procedure By-law and uoon recommendations to Council from the Committee any member of the Committee who fails to attend three successive regular meetings without being authorized, may be removed from the committee. Notwithstanding the foregoing, the Committee may at any time recommend to Council that a member of the Committee be removed when that member has failed to attend more than three regular meetings without authorization. The Committee shall report through the Finance & Corporate Services Committee unless Co -Chairs deem it expedient that a report be made directly to Council. Should the Committee feel a sub -committee is required to deal with specific issues, such sub -committee shall be ad hoc in nature, with specific, clearly articulated mandate. All sub -committees shall be reviewed annually to determine whether they need to continue. Membership on sub -committees may be expanded to include people who are not advisory committee members, to take advantage of individual expertise. 3. Responsibilities • To advise Council and staff in the development and implementation of an economic development policy, including both long-term and short-term objectives. • To identify emerging economic conditions/new trends/niche markets that will assist in shaping the strategic plan for Economic Development. • To vet new policy matters and specific studies, reports or publications. • To advocate for economic development. • To recommend changes to the City's policies and economic development climate. • To partner with City staff in hosting incoming missions/dignitaries, visitation programs and other initiatives which contribute to economic wealth of the community. EDAC members are emissaries/ambassadors of the business community and of the City of Kitchener. • To assist in the review and monitoring of the City's initiatives for reuse of existing infrastructure, buildings and employment lands. • To assist the Economic Development Division in aligning its annual work with Kitchener's economic development strategy: Make it Kitchener 2.0. • To advise the Economic Development Division about its marketing plan and initiatives (i.e. trade shows, web page, newsletters, events, market research information, publications and best practices from across North America, etc.). Page 120 of 334 Policy No: GOV-BOA-095 Policy Title: ECONOMIC DEVELOPMENT ADVISORY COMMITTEE -TERMS OF REFERENCE • To play a key role in the development of partnerships such as Waterloo Region Economic Development Corporation, Communitech, Greater Kitchener -Waterloo Chamber of Commerce, Small Business Centres, other municipalities, and the Province to advance the City's economic strategy. • To propose programs for the enhancement of the image of the community and the development of other amenities and services related to economic development. 5. HISTORY OF POLICY CHANGES Administrative Updates 2016-06 - Policy 1-095 template re -formatted to new numbering system and given number GOV-BOA-095. 2018-04-03 - Department name change due to corporate re -organization. 2021-10-28 - Administrative updates. Formal Amendments 2006-12-04 - Asper Council directive 2012-08-27 - Asper Council directive Page 121 of 334 Policy No: GOV-BOA-095 Policy Title: ECONOMIC DEVELOPMENT ADVISORY COMMITTEE - TERMS OF REFERENCE 1 x�ri R POLICY Policy No: GOV-BOA-095 Policy Title: ECONOMIC DEVELOPMENT Approval Date: August 4, 2005 ADVISORY COMMITTEE - TERMS OF REFERENCE Reviewed Date: October 2021 Policy Type: COUNCIL Next Review Date: July 2026 Reviewed Date: October 2021 Category: Governance Last Amended: August 27, 2012 Sub -Category: Board &Committee Replaces: Author: Author Unknown Dept/Div: Development Services Repealed: Department / Economic Development Replaced by: Related Policies, Procedures and/or Guidelines: To be included at next review. 1. POLICY PURPOSE: The primary purpose of the Economic Development Advisory Committee is to advise Council and the Economic Development Division of the City of Kitchener in the development and on-going implementation of economic development strategies and initiatives. 2. DEFINITIONS: "Ad Hoc Committee" or "Sub Committee" means a committee created with a defined ending, that shall not constitute quorum. "Advisory Committee" means a committee created by Council, to report to Staff or a designated Committee on a specific subject. "Chair" means the role to facilitate and chair meetinas. "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. Page 122 of 334 Policy No: GOV-BOA-095 Policy Title: ECONOMIC DEVELOPMENT ADVISORY COMMITTEE -TERMS OF REFERENCE 3 4. "Vice -Chair" a role that assumes the authority and performs all the duties of the Chair in the absence of the Chair Te be ;Ar--lu ed a+ next SCOPE: POLICY CONTENT: The goal of the composition is to ensure representation across sectors while maintaining flexibility to align membership with the Make It Kitchener 2.0 (MIK2.0) Strategy, current sectors are guidelines only. Three (3) Members of City Council One (1) Member of the Community at Large One (1) Representative from each of the Following Business Sectors: High Tech Marketing Downtown Retail Business Consultant Industry ICI Realtor Major Retail (Outside of Downtown) Housing Development Labour Council Manufacturing Financial (Banking) Downtown Office Owner Hospitality/Convention/Tourism Industry Health Sciences Education Arts & Culture Members will be appointed to 4 years terms staggered with an overlap 50/50 split to ensure that the committee has continuous coverage. The Committee shall, from amongst its members, choose Committee Co -Chairs which may or may not include one member of Council. Meetings will be held monthly or at the call of the Chair and minutes will be kept by the committee administrator who will distribute the minutes to all of Council and the Corporate MaRageMeR+ Leadership Team. All meetings shall be conducted in Page 123 of 334 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: ❑ Council ❑x-�41_ocal Boards & Advisory Committees POLICY CONTENT: The goal of the composition is to ensure representation across sectors while maintaining flexibility to align membership with the Make It Kitchener 2.0 (MIK2.0) Strategy, current sectors are guidelines only. Three (3) Members of City Council One (1) Member of the Community at Large One (1) Representative from each of the Following Business Sectors: High Tech Marketing Downtown Retail Business Consultant Industry ICI Realtor Major Retail (Outside of Downtown) Housing Development Labour Council Manufacturing Financial (Banking) Downtown Office Owner Hospitality/Convention/Tourism Industry Health Sciences Education Arts & Culture Members will be appointed to 4 years terms staggered with an overlap 50/50 split to ensure that the committee has continuous coverage. The Committee shall, from amongst its members, choose Committee Co -Chairs which may or may not include one member of Council. Meetings will be held monthly or at the call of the Chair and minutes will be kept by the committee administrator who will distribute the minutes to all of Council and the Corporate MaRageMeR+ Leadership Team. All meetings shall be conducted in Page 123 of 334 Policy No: GOV-BOA-095 Policy Title: ECONOMIC DEVELOPMENT ADVISORY COMMITTEE -TERMS OF REFERENCE accordance with Council's rakProcedure By-law and as such. a auorum is defined as ialf plus one (1) of current committee members.n;no (9) veting members raf the GE)FnFnittee In accordance with the =mal Procedure By-law and upon recommendations to Council from the Committee any member of the Committee who fails to attend three successive regular meetings without being authorized, may be removed from the committee. Notwithstanding the foregoing, the Committee may at any time recommend to Council that a member of the Committee be removed when that member has failed to attend more than three regular meetings without authorization. The Committee shall report through the Finance & Corporate Services Committee unless Co -Chairs deem it expedient that a report be made directly to Council. Should the Committee feel a sub -committee is required to deal with specific issues, such sub -committee shall be ad hoc in nature, with specific, clearly articulated mandate. All sub -committees shall be reviewed annually to determine whether they need to continue. Membership on sub -committees may be expanded to include people who are not advisory committee members, to take advantage of individual expertise. 3. Responsibilities • To advise Council and staff in the development and implementation of an economic development policy, including both long-term and short-term objectives. • To identify emerging economic conditions/new trends/niche markets that will assist in shaping the strategic plan for Economic Development. • To vet new policy matters and specific studies, reports or publications. • To advocate for economic development. • To recommend changes to the City's policies and economic development climate. • To partner with City staff in hosting incoming missions/dignitaries, visitation programs and other initiatives which contribute to economic wealth of the community. EDAC members are emissaries/ambassadors of the business community and of the City of Kitchener. • To assist in the review and monitoring of the City's initiatives for reuse of existing infrastructure, buildings and employment lands. • To assist the Economic Development Division in aligning its annual work with Kitchener's economic development strategy: Make it Kitchener 2.0. Page 124 of 334 Policy No: GOV-BOA-095 Policy Title: ECONOMIC DEVELOPMENT ADVISORY COMMITTEE -TERMS OF REFERENCE To advise the Economic Development Division about its marketing plan and initiatives (i.e. trade shows, web page, newsletters, events, market research information, publications and best practices from across North America, etc.). • To play a key role in the development of partnerships such as Waterloo Region Economic Development Corporation, Communitech, Greater Kitchener -Waterloo Chamber of Commerce, Small Business Centres, other municipalities, and the Province to advance the City's economic strategy. • To propose programs for the enhancement of the image of the community and the development of other amenities and services related to economic development. 5. HISTORY OF POLICY CHANGES Administrative Uodates 2016-06 - Policy 1-095 template re -formatted to new numbering system and given number GOV-BOA-095. 2018-04-03 - Department name change due to corporate re -organization. 2021-10-28 - Administrative updates. Formal Amendments 2006-12-04 - Asper Council directive 2012-08-27 - Asper Council directive Page 125 of 334 J POLICY APPLIES TO THE FOLLOWING: xix POLICY Policy No: GOV-BOA-105 Policy Title: FINANCE & CORPORATE Approval Date: May 27, 2002 SERVICES COMMITTEE - ❑ TERMS OF REFERENCE Reviewed Date: July 2016 I Policy Type: COUNCIL Next Review Date: July 2021 ❑ Date: Category: Governance Non Union rviewed stAmended: September 19, 2005 Sub -Category: Board & Committee ❑ Temporary Replaces: 1-105, F&CSC, Terms of Author: City Clerk, Director of Reference Legislated Services ❑ Dept/Div: Finance & Corporate Services Repealed: Department, Legislated Replaced by: Services Division K. P. F. F.A. Related Policies, Procedures and/or Guidelines: Municipal Act 2001 S.O. 2001 c. 25. POLICY PURPOSE: The Finance and Corporate Services Committee is a designated Standing Committee of City Council. 2. DEFINITIONS: To be included at next review. 3. SCOPE: 1 of 2 Page 126 of 334 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: ❑x Council ❑ Local Boards & Advisory Committees 1 of 2 Page 126 of 334 Policy No: GOV-BOA-105 Policy Title: FINANCE & CORPORATE SERVICES COMMITTEE - TERMS OF REFERENCE 4. POLICY CONTENT: 1. All members of Council shall sit as members of the Finance and Corporate Services Committee and Council shall annually appoint from among its members, a Chair and Vice -Chair. 2. The following specific, but not exclusive, items shall be considered as falling within the Committee's mandate: a) Operational and policy issues pertaining to the: Financial Services, Corporate Services and the Chief Administrator's Office; b) Issues which are of an overriding financial, administrative or strategic nature, irrespective of where a department routinely reports; c) Review and submission to Council of the Annual Operating Budget and the Ten Year Capital Forecast; d) Financial and investment policies and practices; e) Budgetary control; f) Review of the Annual Financial Report and Auditor's Report; g) Approval of unbudgeted expenditures; h) Setting of fees for service, rental and leases not falling under the Terms of Reference of any other Committee; i) Council and Committee Rules of Procedure; and, j) The Committee shall provide the point of contact between Council and: k) Enova Power Corporation. 5. HISTORY OF POLICY CHANGES Administrative Updates 2016-06-01 - 1-105 Policy template re -formatted to new numbering system and given number GOV-BOA-105. Formal Amendments 2005-09-12 - As per Council/CLT directive. 2of2 Page 127 of 334 J POLICY APPLIES TO THE FOLLOWING: KAT R POLICY Policy No: GOV-BOA-105 Policy Title: FINANCE & CORPORATE Approval Date: May 27, 2002 ❑ SERVICES COMMITTEE - ❑ C.U.P.E. 68 Civic TERMS OF REFERENCE Reviewed Date: July 2016 Policy Type: COUNCIL Next Review Date: July 2021 Temporary ❑ Date: Category: Governance ❑ I.B.E.W.636 ❑ rviewed stAmended: September 19, 2005 Sub -Category: Board & Committee K.P.F.F.A. ❑ Specified Positions only: City Clerk ❑ Replaces: 1-105, F&CSC, Terms of Author: City Clerk, Director of Reference Local Boards & Advisory Committees Legislated Services Dept/Div: Finance & Corporate Services Repealed: Department, Legislated Replaced by: Services Division Related Policies, Procedures and/or Guidelines: Municipal Act, 2001, S.O. 2001, c. 25. Te be ;.ArUlu ed ;;+ no„+ POLICY PURPOSE: T., ho ;, r__l'_ Qlo,_ At A4944 review The Finance and Corporate Services Committee is a designated Standing Committee of City Council. 2. DEFINITIONS: To be included at next review. 3. SCOPE: 1 of 3 Page 128 of 334 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: ❑x Council ❑ Local Boards & Advisory Committees 1 of 3 Page 128 of 334 Policy No: GOV-BOA-105 Policy Title: FINANCE & CORPORATE SERVICES COMMITTEE - TERMS OF REFERENCE 4. POLICY CONTENT: 43-1. All members of Council shall sit as members of the Finance and Corporate Services Committee and Council shall annually appoint from among its members, a Chair and Vice -Chair. 4-2. The following specific, but not exclusive, items shall be considered as falling within the Committee's mandate: a) Operational and policy issues pertaining to the: Financial Services, Corporate Services and the Chief Administrator's Office; b) Issues which are of an overriding financial, administrative or strategic nature, irrespective of where a department routinely reports; c) Review and submission to Council of the Annual Operating Budget and the Ten Year Capital Forecast; d) Financial and investment policies and practices; e) Budgetary control; f) Review of the Annual Financial Report and Auditor's Report; g) Approval of unbudgeted expenditures; h) Setting of fees for service, rental and leases not falling under the Terms of Reference of any other Committee; i) Council and Committee Rules of Procedure; and, j) The Committee shall provide the point of contact between Council and: i) Ki+arEnova Power Corporation. 2of3 Page 129 of 334 Policy No: GOV-BOA-105 Policy Title: FINANCE & CORPORATE SERVICES COMMITTEE - TERMS OF REFERENCE 5. HISTORY OF POLICY CHANGES Administrative Updates 2016-06-01 - 1-105 Policy template re -formatted to new numbering system and given number GOV-BOA-105. Formal Amendments 2005-09-12 - As per Council/CLT directive. 3of3 Page 130 of 334 J KIR POLICY Policy No: GOV-BOA-110 Policy Title: HERITAGE KITCHENER - Approval Date: May 27, 2002 TERMS OF REFERENCE Reviewed Date: July 2016 Policy Type: COUNCIL Next Review Date: July 2016 Category: Governance Last Amended: February 27, 2017 Sub -Category: Board & Committee Author: City Clerk, Director of Replaces: Legislated Services Repealed: Dept/Div: Corporate Services Dept / Legislated Services Division Replaced by: Related Policies, Procedures and/or Guidelines: Ontario Heritage Act, R.S.O. 1990, c. 0.18 1. POLICY PURPOSE: Heritage Kitchener advises Council on matters involving conservation of heritage resources within Kitchener, both publicly and privately owned. Heritage Kitchener is a local architectural conservation advisory committee, as defined in the Ontario Heritage Act. 2. DEFINITIONS: "Chair/Co-Chair" the individual(s) appointed by a Committee to act as the Chair/Co- Chair of the Committee at any given meeting. "City" the Corporation of the City of Kitchener. "Clerk" the person appointed by Council under Section 228 of the Municipal Act, 2001, S.O. 2001, c. 25. d). "Member" an individual who has been appointed by Council as a member of an Advisory Committee, Quasi -Judicial Tribunal or Board. "Staff" the City staff member(s) who provide administrative and legislative assistance. 3. SCOPE: 1 of 4 Page 131 of 334 Policy No: GOV-BOA-110 Policy Title: HERITAGE KITCHENER - TERMS OF REFERENCE 4. POLICY CONTENT: Committee Composition and Reporting The composition of the Committee will be: a) 1 Member of Council b) 5-6 Sector -specific members c) 2-3 Members of the community -at -large d) 1 Representative of the Upper Doon Conservation District e) 1 Representative of the Victoria Park Area Heritage Conservation District f) 1 Representative of the St. Mary's Heritage Conservation District g) 1 Representative of the Civic Centre Heritage Conservation District In filling the sector -specific positions, Council shall endeavour to include, but not be limited to, at least one representative from each of the following areas: • Professional Architect; Building Industry (builder, developer, renovator etc.); Professional Planner; Historian (i.e. history teacher, member of historical society); Museum Specialist or Conservator; Landscape Specialist and an Archaeologist. Members will be appointed for a term of two years ending November 30. The Committee shall, from amongst its members, choose a Committee Co -Chair who is not a member of Council, to co-chair the committee with the appointed Council Co -Chair. 2 of 4 Page 132 of 334 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: ❑x Council ❑x Local Boards & Advisory Committees 4. POLICY CONTENT: Committee Composition and Reporting The composition of the Committee will be: a) 1 Member of Council b) 5-6 Sector -specific members c) 2-3 Members of the community -at -large d) 1 Representative of the Upper Doon Conservation District e) 1 Representative of the Victoria Park Area Heritage Conservation District f) 1 Representative of the St. Mary's Heritage Conservation District g) 1 Representative of the Civic Centre Heritage Conservation District In filling the sector -specific positions, Council shall endeavour to include, but not be limited to, at least one representative from each of the following areas: • Professional Architect; Building Industry (builder, developer, renovator etc.); Professional Planner; Historian (i.e. history teacher, member of historical society); Museum Specialist or Conservator; Landscape Specialist and an Archaeologist. Members will be appointed for a term of two years ending November 30. The Committee shall, from amongst its members, choose a Committee Co -Chair who is not a member of Council, to co-chair the committee with the appointed Council Co -Chair. 2 of 4 Page 132 of 334 Policy No: GOV-BOA-110 Policy Title: HERITAGE KITCHENER - TERMS OF REFERENCE Meetings will be held monthly or at the call of the Chair and minutes will be kept by the Clerk of designate who will distribute the minutes to all of Council and the Corporate Leadership Team. All meetings shall be conducted in accordance with Council's Procedure By-law. The Committee may report directly to Council or through the Planning & Strategic Initiatives Committee. Should the Committee feel a sub -committee is required to deal with specific issues, such sub -committee shall be ad hoc in nature, with specific, clearly articulated mandate. All sub -committees shall be reviewed annually to determine whether they need to continue. Membership on sub -committees may be expanded to include people who are not advisory committee members, to take advantage of individual expertise. Quorum When executing the duties prescribed by the Ontario Heritage Act quorum is 5 members and for all other matters, including the composition of sub- committees, quorum shall be a majority of members appointed to Heritage Kitchener. Responsibilities a) Advise Council on the following matters pursuant to the Ontario Heritage Act: i) all matters under Part IV of the Ontario Heritage Act (individual property designation); and, ii) passing of a by-law to define the municipality or one or more areas thereof as an area to be examined for future designation as a heritage conservation district; and, iii) passing of a by-law to designate heritage conservation districts, to adopt heritage conservation district plans which will constitute Council's intent with respect to conservation of the heritage conservation district. b) Examine, research develop and prepare a detailed inventory of: i) those properties within in the municipality it feels should be designated as being of historic and/or architectural interest pursuant to Part IV of the Ontario Heritage Act; and, 3of4 Page 133 of 334 Policy No: GOV-BOA-110 Policy Title: HERITAGE KITCHENER - TERMS OF REFERENCE iii) those areas within the municipality that it feels should be defined as areas to be examined for future designation as heritage conservation districts pursuant to Part V of the Ontario Heritage Act. c) Recommend to Council approval of grants pursuant to the Municipal Designated Heritage Property Grant Program. d) Recommend properties for Mike Wagner Heritage Awards. e) Annually review local issues, propose committee priorities and develop workplans based upon the identified priorities of the Committee. In some cases, it may be appropriate to refer to other standing and advisory committees, community groups or staff for action or to establish working groups/sub-committees to address specific issues. f) To promote greater public awareness of our built heritage and heritage conservation issues through exhibits and openings, posters, the plaquing program, guides, and special events such as the annual Heritage Showcase display and the Mike Wagner Heritage Awards. g) To assist and lend advice to owners of heritage properties in terms of good conservation practice. h) Prepare and present, in co-operation with staff, bi-annual updates to the Development & Technical Services Committee and Council, including recommendations on priority issues identified by the Committee and/or community concerns brought to the Committee by Council, community members or groups. 5. HISTORY OF POLICY CHANGES Administrative Updates 2016-06-01 - Policy template re -formatted to new numbering system and given number GOV-BOA-110. 2018-04-03- Department name change due to corporate re -organization. Formal Amendments 2002-09-30 - As per Council/CLT directive. 2004-09-20 - As per Council/CLT directive. 2008-02-25 - As per Council directive, designation by-law No. 2008-039 2017-02-27 - As per Council/CLT directive. 4of4 Page 134 of 334 J Kj R POLICY Policy No: GOV-BOA-110 Policy Title: HERITAGE KITCHENER - Approval Date: May 27, 2002 TERMS OF REFERENCE Reviewed Date: July 2016 Policy Type: COUNCIL Next Review Date: July 2016 Category: Governance Last Amended: February 27, 2017 Sub-Category: Board & Committee Author: City Clerk, Director of Replaces: Legislated Services Repealed: Dept/Div: Corporate Services Dept / Legislated Services Division Replaced by: Related Policies, Procedures and/or Guidelines: Ontario Heritage Act, R.S.O. 1990, c. 0.18--„ ho ;n^',Q1o,1 A+ AeWt 1. POLICY PURPOSE: Heritage Kitchener A dvises Council on matters involving conservation of heritage resources within Kitchener, both publicly and privately owned. Heritage Kitchener is a local architectural conservation advisory committee, as defined in the Ontario Heritage Act. 2. DEFINITIONS: "Chair/Co-Chair" the individual(s) appointed by a Committee to act as the Chair/Co- Chair of the Committee at any given meeting. "City" the Corporation of the City of Kitchener. _ "Clerk" the person appointed by Council under Section 228 of the Municipal Act 2001, S.O. 2001, c. 25. d). "Member" an individual who has been appointed by Council as a member of an Advisory Committee, Quasi -Judicial Tribunal or Board. _ "Staff' the City staff member(s) who provide administrative and legislative assistance. 1 of 4 Page 135 of 334 Policy No: GOV-BOA-110 Policy Title: HERITAGE KITCHENER - TERMS OF REFERENCE 3. SCOPE: T:4 ho innli iP1AP1 At AAXt ro�ii Al e; 4. POLICY CONTENT: Committee Composition and Reporting The composition of the Csommittee will be: a) 1 Member of Council b) 5-6 Sector -specific members c) 2-3 Members of the community -at -large d) 1 Representative of the Upper Doon Conservation District e) 1 Representative of the Victoria Park Area Heritage Conservation District f) 1 Representative of the St. Mary's Heritage Conservation District g) 1 Representative of the Civic Centre Heritage Conservation District In filling the sector -specific positions, Council shall endeavour to include, but not be limited to, at least one representative from each of the following areas: Professional Architect; Building Industry (builder, developer, renovator etc.); Professional Planner; Historian (i.e. history teacher, member of historical society); Museum Specialist or Conservator; Landscape Specialist and an Archaeologist. 2 of 4 Page 136 of 334 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: ❑x Council ❑x Local Boards & Advisory Committees T:4 ho innli iP1AP1 At AAXt ro�ii Al e; 4. POLICY CONTENT: Committee Composition and Reporting The composition of the Csommittee will be: a) 1 Member of Council b) 5-6 Sector -specific members c) 2-3 Members of the community -at -large d) 1 Representative of the Upper Doon Conservation District e) 1 Representative of the Victoria Park Area Heritage Conservation District f) 1 Representative of the St. Mary's Heritage Conservation District g) 1 Representative of the Civic Centre Heritage Conservation District In filling the sector -specific positions, Council shall endeavour to include, but not be limited to, at least one representative from each of the following areas: Professional Architect; Building Industry (builder, developer, renovator etc.); Professional Planner; Historian (i.e. history teacher, member of historical society); Museum Specialist or Conservator; Landscape Specialist and an Archaeologist. 2 of 4 Page 136 of 334 Policy No: GOV-BOA-110 Policy Title: HERITAGE KITCHENER - TERMS OF REFERENCE Members will be appointed for a term of two years ending November 30. The Committee shall, from amongst its members, choose a Committee Co -Chair who is not a member of Council, to co-chair the committee with the appointed Council Co -Chair. Meetings will be held monthly or at the call of the Chair and minutes will be kept by the GGE)FnMRttela minictratt9p o ;stratefClerk of designate who will distribute the minutes to all of Council and the Corporate Ma—pe.—.4 .4 Leadership Team. All meetings shall be conducted in accordance with Council's Procedure By-law. The Committee may report directly to Council or through the Planning & Strategic Initiatives Committee. Should the Committee feel a sub -committee is required to deal with specific issues, such sub -committee shall be ad hoc in nature, with specific, clearly articulated mandate. All sub -committees shall be reviewed annually to determine whether they need to continue. Membership on sub -committees may be expanded to include people who are not advisory committee members, to take advantage of individual expertise. Quorum When executing the duties prescribed by the Ontario Heritage Act quorum is 5 members and for all other matters, including the composition of sub- committees, quorum shall be a majority of members appointed to Heritage Kitchener. Responsibilities a) Advise Council on the following matters pursuant to the Ontario Heritage Act: i) all matters under Part IV of the Ontario Heritage Act (individual property designation); and, ii) passing of a by-law to define the municipality or one or more areas thereof as an area to be examined for future designation as a heritage conservation district; and, iii) passing of a by-law to designate heritage conservation districts, to adopt heritage conservation district plans which will constitute Council's intent with respect to conservation of the heritage conservation district. b) Examine, research develop and prepare a detailed inventory of: 3of4 Page 137 of 334 Policy No: GOV-BOA-110 Policy Title: HERITAGE KITCHENER - TERMS OF REFERENCE i) those properties within in the municipality it feels should be designated as being of historic and/or architectural interest pursuant to Part IV of the Ontario Heritage Act; and, iii) those areas within the municipality that it feels should be defined as areas to be examined for future designation as heritage conservation districts pursuant to Part V of the Ontario Heritage Act. c) Recommend to Council approval of grants pursuant to the Municipal Designated Heritage Property Grant Program. d) Recommend properties for Mike Wagner Heritage Awards. e) Annually review local issues, propose committee priorities and develop workplans based upon the identified priorities of the Committee. In some cases, it may be appropriate to refer to other standing and advisory committees, community groups or staff for action or to establish working groups/sub-committees to address specific issues. f) To promote greater public awareness of our built heritage and heritage conservation issues through exhibits and openings, posters, the plaquing program, guides, and special events such as the annual Heritage Showcase display and the Mike Wagner Heritage Awards. g) To assist and lend advice to owners of heritage properties in terms of good conservation practice. h) Prepare and present, in co-operation with staff, bi-annual updates to the Development & Technical Services Committee and Council, including recommendations on priority issues identified by the Committee and/or community concerns brought to the Committee by Council, community members or groups. 5. HISTORY OF POLICY CHANGES Administrative Updates 2016-06-01 - Policy template re -formatted to new numbering system and given number GOV-BOA-110. 2018-04-03- Department name change due to corporate re -organization. Formal Amendments 2002-09-30 - As per Council/CLT directive. 2004-09-20 - As per Council/CLT directive. 2008-02-25 - As per Council directive, designation by-law No. 2008-039 2017-02-27 - As per Council/CLT directive. 4of4 Page 138 of 334 J Kj R POLICY Policy No: GOV-13OA-115 Policy Title: APPOINTMENTS - BOARD Approval Date: September 30, 2002 OF DIRECTORS - ENOVA POWER CORPORATION Reviewed Date: July 2016 Policy Type: COUNCIL Next Review Date: July 2021 Amended - Category: Governance Sub -Category.- Board & Committee Replaces: I-115, Appointments - Author: City Clerk, Director of Board of Directors - Kit Legislated Services Power Corp Repealed: Dept/Div: Corporate Services Department / Legislated Replaced by: Services Division Related Policies, Procedures and/or Guidelines: To be included at next review. 1. POLICY PURPOSE: Enova Energy Corporation is an energy company owned by the City of Kitchener, the City of Waterloo, the Township of Woolwich, the Township of Wilmot, and the Township of Wellesley. Enova Power Corp. (Enova) is a regulated electricity distribution company and a wholly-owned subsidiary of Enova Energy Corporation, created by the merger of Kitchener -Wilmot Hydro and Waterloo North Hydro. In accordance with the Shareholders Agreement, independent and non - independent Directors shall serve on the Enova Energy and Enova Power Corp. Board of Directors, respectively. 2. DEFINITIONS: "Board" means the Board of Directors of the Corporation; "Corporation" means the Enova Energy Corporation "Independent" means an individual who: (i) is not an employee of the Corporation or any Subsidiary; (ii) is not an employee of any Shareholder or any Affiliate of any Shareholder; (iii) is not an elected official of any Shareholder; (iv) 1 of 3 Page 139 of 334 Policy No: GOV-BOA-115 Policy Title: APPOINTMENTS - BOARD OF DIRECTORS - ENOVA POWER CORPORATION is not a party to, or holds a material interest in a Person that is a party to, a material contract between any Shareholder and such individual, and (v) unless otherwise agreed by a Super Majority, is not a spouse, child or parent of any of the foregoing; "Non -Independent" means any individual who is not Independent; "Person" means an individual, firm, partnership, unincorporated association, corporation, municipal corporation, trust or other legal entity of any kind whatsoever; "Shareholder" means any Person which is a registered holder of Shares; 3. SCOPE: 4. POLICY CONTENT: Appointments to the Board of Directors of the Enova Power Corp. and Enova Energy Corporation shall be made in accordance the Shareholder's Agreement dated September 1, 2022. The City of Kitchener's appointments shall be made in accordance with this policy. • The City of Kitchener shall appoint annually, two members to the Enova Power Corp. Board of Directors, one of which shall be the Mayor, and one shall be a member of City Council. • The City of Kitchener shall appoint annually, three members to the Enova Energy Corporation Board of Directors, one of which shall be the Mayor, and two shall be members of City Council. • Four independent Directors to the Enova Energy Corporation Board of Directors shall be members of the public who will be nominated by the Enova, in accordance with the Shareholder Agreement and its By-laws, for 2of3 Page 140 of 334 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: ❑x Council ❑ Local Boards & Advisory Committees 4. POLICY CONTENT: Appointments to the Board of Directors of the Enova Power Corp. and Enova Energy Corporation shall be made in accordance the Shareholder's Agreement dated September 1, 2022. The City of Kitchener's appointments shall be made in accordance with this policy. • The City of Kitchener shall appoint annually, two members to the Enova Power Corp. Board of Directors, one of which shall be the Mayor, and one shall be a member of City Council. • The City of Kitchener shall appoint annually, three members to the Enova Energy Corporation Board of Directors, one of which shall be the Mayor, and two shall be members of City Council. • Four independent Directors to the Enova Energy Corporation Board of Directors shall be members of the public who will be nominated by the Enova, in accordance with the Shareholder Agreement and its By-laws, for 2of3 Page 140 of 334 Policy No: GOV-BOA-115 Policy Title: APPOINTMENTS - BOARD OF DIRECTORS - ENOVA POWER CORPORATION Council's consideration during the annual appointments to Boards and Committees. Each year at least one City appointed member of the Board of Directors will be replaced, preferably the longest sitting Director. Council will endeavour, if possible, not to replace more than one Director in a year. The Mayor, by virtue of the Shareholder's Agreement, is exempt from this clause. 5. HISTORY OF POLICY CHANGES Administrative Updates 2016-06-01 -1-115 policy template re -formatted to new numbering system and given number GOV-BOA-115. Formal Amendments No amendment history to date. 3of3 Page 141 of 334 J Kj R POLICY Policy No: GOV-13OA-115 Policy Title: APPOINTMENTS _ BOARD OF DIRECTORS Approval Date: September 30, 2002 Reviewed Date: July 2016 KITC-ME ER POWER PORATIONAPPOINTME Next Review Date: July 2021 NTS - BOARD OF DIRECTORS - ENOVA POWER CORPORATION Amended: Policy Type: COUNCIL Replaces: 1-115, Appointments - Board of Directors - Kit Category: Governance Power Corp Sub -Category: Board & Committee Repealed: Author: City Clerk, Director of Replaced by: Legislated Services Dept/Div: Fipapre A Corporate Services Department / Legislated Services Division Related Policies, Procedures and/or Guidelines: To be included at next review. 1. POLICY PURPOSE: Te be ded1 ;;tpext review Enova Energy Corporation is an energy company owned by the City of Kitchener, the City of Waterloo, the Township of Woolwich, the Township of Wilmot, and the Township of Wellesley. Enova Power Corp. (Enova) is a regulated electricity distribution company and a wholly-owned subsidiary of Enova Energy Corporation, created by the merger of Kitchener -Wilmot Hydro and Waterloo North Hydro. In accordance with the Shareholders Agreement, independent and non - independent Directors shall serve on the Enova Energy and Enova Power Corp. Board of Directors, respectively. DEFINITIONS: 1 of 3 Page 142 of 334 Policy No: GOV-BOA-115 • RIM • j I PV, WW, I "Board" means the Board of Directors of the Corporation; "Corporation" means the Enova Energy Corporation "Independent" means an individual who: (i) is not an employee of the Corporation or any Subsidiary: (ii) is not an employee of any Shareholder or any Affiliate of any Shareholder; (iii) is not an elected official of any Shareholder; (iv) is not a party to, or holds a material interest in a Person that is a party to, a material contract between any Shareholder and such individual, and (v) unless otherwise agreed by a Super Majority, is not a spouse, child or parent of any of the foregoing; "Non -Independent" means any individual who is not Independent; "Person" means an individual, firm, partnership, unincorporated association, corporation, municipal corporation, trust or other legal entity of any kind whatsoever; "Shareholder" means any Person which is a registered holder of Shares; T -A ho innli ii PPI 7t nova ro,iio,n, 3. SCOPE: Tn ho innli iiloi! �+ nov+ ro,iio,ni POLICY CONTENT: Appointments to the Board of Directors of the Ki+ r Enova Power GerperatiGR Corp. and Enova Energy Corporation shall be made in accordance the Shareholder's Agreement dated August 2-GWSeptember 1, 2022. The City of Kitchener's appointments shall be made in accordance with this policy. 2of3 Page 143 of 334 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: ❑x Council ❑ Local Boards & Advisory Committees Tn ho innli iiloi! �+ nov+ ro,iio,ni POLICY CONTENT: Appointments to the Board of Directors of the Ki+ r Enova Power GerperatiGR Corp. and Enova Energy Corporation shall be made in accordance the Shareholder's Agreement dated August 2-GWSeptember 1, 2022. The City of Kitchener's appointments shall be made in accordance with this policy. 2of3 Page 143 of 334 Policy No: GOV-BOA-115 • The City of Kitchener shall appoint annually, f;�two members to the Enova Power Corp. Board of Directors, one of which shall be the Mayor and twe one shall be a members of City Council. • The City of Kitchener shall appoint annually, three members to the Enova Energy Corporation Board of Directors, one of which shall be the Mayor, and a-two shall be members of City Council. • Four independent Directors to the Enova Energy Corporation Board of Directors shall be members of the public who will be nominated by the 14i+..honor o, weF G9Fp9FatiG"Enova, in accordance with the Shareholder Agreement and its By-laws, for Council's consideration during the annual appointments to Boards and Committees. Each year at least one City appointed member of the Board of Directors will be replaced, preferably the longest sitting Director. Council will endeavour, if possible, not to replace more than one Director in a year. The Mayor, by virtue of the Shareholder's Agreement, is exempt from this clause. 5.2-. HISTORY OF POLICY CHANGES Administrative Updates 2016-06-01 -1-115 policy template re -formatted to new numbering system and given number GOV-BOA-115. Formal Amendments No amendment history to date. 3of3 Page 144 of 334 J xix POLICY Policy No: GOV-BOA-130 Policy Title: STANDING COMMITTEES Approval Date: May 27, 2002 Reviewed Date: May 2024 Policy Type: COUNCIL Category: Governance Next Review Date: May 2029 Reviewed Date: Sub -Category: Board & Committee Author: Author Unknown Last Amended: September 19, 2005 Replaces: 1 -130 -Standing Dept/Div: Corporate Services\Legislated Services\Council/Committee Committees Services Repealed: Replaced by: Related Policies, Procedures and/or Guidelines: Municipal Act, 2001, S.O. 2001, c. 25. 1. POLICY PURPOSE: Standing Committees of Council facilitate the decision-making process of Council. Standing Committees work on behalf of Council to provide advice and make recommendations to Council. They are an important forum for policy debate and public input on issues within Council's area of responsibility. To capture the efficiency afforded by working in smaller groups, Council does not repeat the detailed discussion and analysis conducted by the Committee during Council sessions. 2. DEFINITIONS: "City" the Corporation of the City of Kitchener. "Chair" the individual appointed by a Committee to act as the chair of the Committee at any given meeting. "Clerk" the person appointed by Council under Section 228 of the Municipal Act, 2001, S.O. 2001, c. 25. d). 1 of 4 Page 145 of 334 Policy No: GOV-BOA-130 Policy Title: STANDING COMMITTEES "Council" the governing body of the City; "meeting" any regular, special, or other meeting of council, of a local board or of a committee of either of them, where: (a) A quorum of members is present, and (b) Members discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of the council, local board or committee "Procedure By-law" the City By-law which provides the Rules of Procedure for Council and its Committees. "Standing Committee" such committees of Council designed by resolution of Council. "Vice -Chair" means the individual appointed by a Committee to act as the Vice - Chair of the Committee at any given meeting and shall assume the authority and perform all the duties of the Chair in the absence of the Chair. 3. SCOPE: 4. POLICY CONTENT: 4.1 The Standing Committees of Council shall be: a) Finance and Corporate Services Committee b) Community and Infrastructure Services Committee c) Planning and Strategic Initiatives Committee. 2 of 4 Page 146 of 334 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: ❑x Council ❑ Local Boards & Advisory Committees 4. POLICY CONTENT: 4.1 The Standing Committees of Council shall be: a) Finance and Corporate Services Committee b) Community and Infrastructure Services Committee c) Planning and Strategic Initiatives Committee. 2 of 4 Page 146 of 334 Policy No: GOV-BOA-130 Policy Title: STANDING COMMITTEES 4.2 Notwithstanding issues which are of an overriding financial, administrative or strategic nature, the individual City departments report to the Standing Committee corresponding to their functions, and the Chief Administrator's Office reports through the Finance and Corporate Services Committee. 4.3 The dates of Standing Committee meetings shall be set by resolution of Council, with the City Clerk having discretion to alter the times as advisable to ensure the most efficient overall meeting arrangements. 4.4 Committee Meetings a) Meeting agendas will be prepared by the Office of the City Clerk. The Clerk or designate in consultation with the Committee Chair, shall determine the items on the agenda which shall appear as consent items requiring one motion to adopt all without debate. The Clerk or designate will estimate the time required to complete each item and include the time in the agenda proper. b) Each Department is responsible for meeting the agenda preparation deadlines established by the City Clerk advising the Clerk or designate well in advance, when a significant agenda item is coming forward to ensure meeting efficiency. c) Any report containing financial considerations shall have the approval of the Chief Financial Officer or their designate prior to inclusion on the agenda. d) No verbal reports will be allowed from staff unless absolutely necessary and if necessary, are to be limited in length as per the rules outlined in the City's Procedure By-law. e) All members of Council should attempt, to the degree possible, to raise and address matters with staff in advance of and/or rather than bringing items directly to committee under New Business. f) The Committee Chair is responsible for conducting the meeting and for ensuring that the business of the Committee is addressed within the allocated time frame. g) Committee agendas shall be published by Legislated Services as per the rules outlined in the City's Procedure By-law. Late items not included on the agenda are only considered subject to Committee approval. It is the responsibility of the Department to inform the Committee Administrator and Chair at the earliest opportunity, of the item and providing sufficient copies for the meeting. 3of4 Page 147 of 334 Policy No: GOV-BOA-130 Policy Title: STANDING COMMITTEES h) Minutes of a Standing Committee meeting shall be taken by the Clerk or designate and completed minutes shall be published no later than the Friday preceding the next regular Council meeting. If the minutes cannot be published for the Friday delivery, they shall be available at the Council meeting. 4.5 Committee meetings shall be conducted in accordance with Chapter 25 (Council Procedures) of the Municipal Code. 5. HISTORY OF POLICY CHANGES Administrative Updates 2016-06 - Policy 1-130 template re -formatted to new numbering system and given number GOV-BOA-130. Formal Amendments 2005-09-19 - As per Council directive 4of4 Page 148 of 334 J KAT R POLICY Policy No: GOV-BOA-130 Policy Title: STANDING COMMITTEES Approval Date: May 27, 2002 Reviewed Date: July 2016 Policy Type: COUNCIL Category: Governance Next Review Date: July 2021 Reviewed Date: Sub -Category: Board & Committee Author: Author Unknown Last Amended: September 19, 2005 Replaces: 1-130 - Standing Dept/Div. Fin Corporate Services\Legislated Committees Services\Council Committee Services Repealed: Replaced by: Related Policies, Procedures and/or Guidelines: Municipal Act, 2001, S.O. 2001, c. 25. Te be ;^^h -A -e r ;;+ no„+ POLICY PURPOSE: Te be ;nr--luded ;;+ Aext review Standing Committees of Council facilitate the decision-makina process of Council. Standina Committees work on behalf of Council to provide advice and make recommendations to Council. They are an important forum for policy debate and public input on issues within Council's area of responsibility. To capture the efficiency afforded by working in smaller groups, Council does not repeat the detailed discussion and analvsis conducted by the Committee during Council sessions. DEFINITIONS: "City" the Corporation of the City of Kitchener. T„ ho 0,,,.1,,91o,1 A+ „o..+ AQW0AW "Chair" the individual appointed by a Committee to act as the chair of the Committee at any given meeting. "Clerk" the person appointed by Council under Section 228 of the Municipal Act, 2001, S.O. 2001, c. 25. d). 1 of 4 Page 149 of 334 Policy No: GOV-BOA-130 Policy Title: STANDING COMMITTEES "Council" the governing body of the City; "meeting" any regular, special, or other meeting of council, of a local board or of a committee of either of them. where: (a) A quorum of members is present, and (b) Members discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of the council, local board or committee "Procedure By-law" the City By-law which provides the Rules of Procedure for Council and its Committees. "Standing Committee" such committees of Council designed by resolution of Council. "Vice -Chair' means the individual appointed by a Committee to act as the Vice -Chair of the Committee at any given meeting and shall assume the authority and perform all the duties of the Chair in the absence of the Chair. SCOPE: 4. POLICY CONTENT: 4.1 The Standing Committees of Council shall be: a) Finance and Corporate Services Committee b) Community and Infrastructure Services Committee c) _ Deyelepmont and Toi+hnv+al Coryirar Planning and Strategic Initiatives Committee. 2 of 4 Page 150 of 334 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: ❑Q Council ❑ Local Boards & Advisory Committees 4. POLICY CONTENT: 4.1 The Standing Committees of Council shall be: a) Finance and Corporate Services Committee b) Community and Infrastructure Services Committee c) _ Deyelepmont and Toi+hnv+al Coryirar Planning and Strategic Initiatives Committee. 2 of 4 Page 150 of 334 Policy No: GOV-BOA-130 Policy Title: STANDING COMMITTEES 4.2 Notwithstanding issues which are of an overriding financial, administrative or strategic nature, the individual City departments report to the Standing Committee corresponding to their unct onsdepakmen+ nam® and the Chief Administrator's Office report through the Finance and Corporate Services Committee. 4.3 The dates of Standing Committee meetings shall be set by resolution of Council, with the City Clerk having discretion to alter the times as advisable to ensure the most efficient overall meeting arrangements. 4.4 Committee Meetings a) Meeting agendas will be prepared by the Office of the City Clerk. The ^Ttt�^ °,�rv,ini�tKatsrClerk or designate in consultation with the rue -Committee Chair, shall determine the items on the agenda which shall appear as consent items requiring one motion to adopt all without debate. The emmr;Tf^;0s+to; Clerk or designate will estimate the time required to complete each item and include the time in the agenda proper. b) Each Department is responsible for meeting the agenda preparation deadlines established by the City Clerk advising the Gemmittee /\rlm in i6+rr++^rClerk or designate well in advance, when a m ajeF-significant agenda item is coming forward to ensure meeting efficiency. Depar+mon+c n.�nn^ i-Ilin^c INill be r^c�n^noihl^ fr�r 6 1pplyiRg +h^ r^rv61iFE?d �cc�rTr�rvt���e•� the ,,�,, �� the ,., / vrr�n�T }c�-,rv, i-�c��ry-rr�r��rr��ccj-arrccr ni�hhor of rn^iecinfthe FePGFt t8 tttl� Ee-E)f the reit Glerl`crtc ferdelivery. ThE? [) tP:1(-QAt ^noihl^ f^r deliVeFy tG the GE)FPE)FatE? p/IaRagem^n+ Toom nn lA+or+h-An the Criday PFeGedinrr the (`nmmittee moo+inry c) Any report containing financial considerations shall have the approval of the GGR8Fal Maga 8F Gf Cin.Annial 98FVaG8eChief Financial Officer or A4eftheir designate prior to inclusion on the agenda. d) No verbal reports will be allowed from staff unless absolutely necessary and if necessary, are be limited—t^5 mi.put�i..A IaRg;T are to be limited in length as per the rules outlined in the City's Procedure By-law. e) All members of Council should attempt, to raise and address nrnhlom�homatters and/or rather than bringing items directly h, -Business. the degree possible, to FeGtify with staff',lin advance of to committee under Rei.A.4 New 3of4 Page 151 of 334 Policy No: GOV-BOA-130 Policy Title: STANDING COMMITTEES f) The Committee Chair is responsible for conducting the meeting and for ensuring that the business of the Committee is addressed within the allocated time frame. g) Committee agendas shall be deli published by the O#iGe Gf Gity QeFkLegislated Services as per the rules outlined in the City's Procedure By- law.PA- late thap—the Friday r.r� iRq thE? Gemrmiitcc e M—eetiRg. Late items not included on the agenda are only considered subject to Committee approval. It is the responsibility of the Department to inform the Committee Administrator and Chair at the earliest opportunity, of the item and providing sufficient copies for the meeting. h) Minutes of a Standing Committee meeting shall be taken by the Ge ee ..J.m...Rlc+raterClerk or designate and completed minutes will be del�d—publishedtemember-sefthe no later than the Friday preceding the next regular Council meeting. If the minutes cannot be readied published for the Friday delivery, they shall be available at the Council meeting. 4-.-5-4.5 _T� Committee meetings shall be conducted in accordance with Chapter 25 (Council Procedures) of the Municipal Code. 5. HISTORY OF POLICY CHANGES Administrative Updates 2016-06 - Policy 1-130 template re -formatted to new numbering system and given number GOV-BOA-130. Formal Amendments 2005-09-19 - As per Council directive 4of4 Page 152 of 334 J K; R POLICY Policy No: GOV-COR-015 Policy Title: CORPORATE ACCOUNTABILITY Approval Date: December 10, 2007 & TRANSPARENCY Reviewed Date: June 2016 Policy Type: COUNCIL Next Review Date: June 2021 Category: Governance Reviewed Date. Sub -Category: Corporate Last Amended: March 3, 2014 Author: Director, Legislated Services and City Clerk Replaces: 1-015, Corporate Accountability & Dept/Div: Finance & Corporate Services Transparency Department, Legislated Services Related Policies, Procedures and/or Guidelines: Municipal Act, 2001, S.O. 2001, c. 25. 1. POLICY PURPOSE: The City of Kitchener (`the City') is committed to the fundamental principles of accountability and transparency as they are key values within the City's Open Government Framework. The City has adopted the following as its Vision for Open Government: "To provide a City government that is transparent and accountable to its residents, with opportunities for meaningful, accessible public participation, made possible through innovation, technology and collaboration." The City of Kitchener is committed to creating a culture where Council, staff and residents of Kitchener are aware of and understand the principles of accountability and transparency, and their roles in upholding these essential standards of good government that enhance public trust. In support of the open government principles of accountability and transparency, this Policy outlines the City's commitments which will ensure: • The City is open by default, subject to financial, legal, legislative and privacy constraints; • Council decision-making is open and transparent; • The City is accountable for the provision and performance of its services. 1 of 7 Page 153 of 334 Policy No: GOV-COR-015 Policy Title: CORPORATE ACCOUNTABILITY & TRANSPARENCY 2. DEFINITIONS: Accountability: the City has established rules and guidelines that ensure the City is able to explain its actions to the public. Transparency: City information is accurate, timely, available and decisions are open for public review and discussion. 3. SCOPE: 4. POLICY CONTENT: a) LEGISLATIVE AUTHORITY Section 270 of the Municipal Act 2001 (The "Act") requires that all municipalities adopt and maintain a policy with respect to the manner in which the municipality will ensure it is accountable to the public for its actions, and the manner in which its actions are transparent to the public. The purpose of this policy is to provide guidance for the delivery of municipal activities and services in an accountable and transparent manner in accordance with the Municipal Act. b) APPLICATION This Policy applies to all City employees and members of City Council. c) POLICY COMPONENTS In order to ensure the principles of Accountability and Transparency are practiced and adhered to as a matter of good governance, the following represent overarching guidance for the provision of City activities, services and programs in support of the principles. 2of7 Page 154 of 334 POLICY APPLIES TO THE FOLLOWING: ❑x 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: ❑x Council ❑ Local Boards & Advisory Committees 4. POLICY CONTENT: a) LEGISLATIVE AUTHORITY Section 270 of the Municipal Act 2001 (The "Act") requires that all municipalities adopt and maintain a policy with respect to the manner in which the municipality will ensure it is accountable to the public for its actions, and the manner in which its actions are transparent to the public. The purpose of this policy is to provide guidance for the delivery of municipal activities and services in an accountable and transparent manner in accordance with the Municipal Act. b) APPLICATION This Policy applies to all City employees and members of City Council. c) POLICY COMPONENTS In order to ensure the principles of Accountability and Transparency are practiced and adhered to as a matter of good governance, the following represent overarching guidance for the provision of City activities, services and programs in support of the principles. 2of7 Page 154 of 334 Policy No: GOV-COR-015 Policy Title: CORPORATE ACCOUNTABILITY & TRANSPARENCY Accountability Components: The roles and responsibilities of the City must be clearly defined. In the context of other levels of government, it should be clearly explained as to which government is responsible for what services. Within the City, the roles of Council and staff, and the responsibility for services provided, need to be easily understood. The roles and responsibilities of stakeholders — including individuals, customers and businesses - that utilize the services of the City must also be clearly defined in order to ensure the service is provided in a fair, equitable and timely manner and that the anticipated outcomes are achieved. Actions will be consistent with clearly understood expectations. Services offered by the City should be clearly explained and outlined to include what is expected from the customer and what the customer can expect from the City. In setting expectations and reaching agreement, expectations may be implied or explicit. In many cases there will be a reasonable expectation based on common sense or normal practices and in other cases the outcome or expectation will need to be specifically given and acknowledged. Wherever possible the anticipated outcome of any service provided by the City will be given to provide clarity on what the individual, customer or business can expect. There must be a reasonable balance between expectations and capacities. Customer and resident expectations may change from time to time, and all expectations must be balanced against the City's authority, available skills and resources required to achieve the expected outcome. There must be clear and timely reporting on actions. Reporting must be credible, the information useful, accurate, timely and accessible. Reporting on actions taken or not taken shall be clear and easy to understand. There must be reasonable review and adjustment. Accountable reporting will highlight areas where expectations have been met, as well as those which have not. Achievements should be recognized, and where expectations have not been met, adjustment and corrective actions may need to be made. Transparency Components: City information must be fully accessible within legal limitations. Providing information that individuals or others require in order to comment on the City's services and activities, allows for the influencing of City activities and decisions and initiating change. This results in trust, enabling the City to 3 of 7 Page 155 of 334 Policy No: GOV-COR-015 Policy Title: CORPORATE ACCOUNTABILITY & TRANSPARENCY manage its services and activities more effectively and efficiently. Information provided by the City must be accessible, understandable, and provided in the appropriate format. In providing information or data, the City must balance this obligation with other legal and regulatory obligations. The City will continue to comply with legislation that protects certain information. Whenever meaningful information is withheld, an explanation will be given as to why. All information should be provided in clear, simple language. City information that is provided publicly should be provided in clear, plain language. Whenever there is a requirement to provide information in a certain way in order to satisfy legal or regulatory obligations, a plain language description will also be provided. Information deemed to be in the public interest is to be updated regularly, consistently and as much as possible, proactively. Processes will be established to ensure information is updated and remains relevant following initial provision of the information. The City is committed to evolving the culture of the organization toward being `open by default', where meaningful information is provided to the public proactively and not based on reaction to requests. d) POLICY COMMITMENTS The City has in place a number of activities and actions supporting Accountability and Transparency. The following is a summary of the key methods through which the principles are practiced and adhered to. The City strives to meet these commitments and it must be understood that City resources — human, financial and technical — have limitations based on operating and capital budgets, which are developed with public consultation. Council Meetings The City provides the public with information on the role and responsibilities of the Mayor and city Councillors. The time and dates of meetings, agendas and reports under consideration are made available to the public in advance of public deliberations. All staff reports to Council or Committees of Council are written using a standard report template in clear non-technical language where possible, providing the reader with full information on the topic. A digital repository is used to maintain up-to-date records of Council by-laws, reports and minutes and is openly accessible to the general public. All meetings of Council and Committees of Council are open to the public, with exceptions as permitted by the Municipal Act, and members of the public are 4of7 Page 156 of 334 Policy No: GOV-COR-015 Policy Title: CORPORATE ACCOUNTABILITY & TRANSPARENCY invited to be delegations to Council to ask questions or discuss specific issues. Agendas for closed meetings of Council provide as much information as possible without revealing confidential information. Budgets and Financial Information The City publishes the annual budget written in plain language. Budget deliberations are held in public Council/Committee sessions, and members of the public are encouraged to provide input and comments. Budget variance reports are published at least three times a year with explanations provided for significant deviations. Proposed and actual expenditures of development charges are reported annually. Audited financial statements accompanied by plain language explanations are published annually. Public Services The City proactively provides information to the public on the services that are provided, the processes for accessing public services including fees and timelines, and contact information for key personnel, making the information easily accessible and using plain language. The City has expanded its internet and social media presence including online services. Feedback and complaint mechanisms are in place using a range of channels. The City's internal audit function has a broad mandate to review the efficiency and effectiveness of City operations under Council's direction. Procurement The City has a comprehensive, clear and understandable framework for the open and transparent procurement of goods and services. Opportunities are openly advertised and bids are opened publicly. Selection criteria are clear, awards are fully disclosed, and mechanisms are in place to dispute a contract award. Standardized documents and e -procurement technology are used to provide simple, secure and efficient processes and provide accurate and timely disclosure of information for potential contractors and the general public. The City has in place by-laws and procedures guiding the authority of staff to enter into contractual agreements within defined limits. By-laws and procedures also provide guidance for City land acquisition and sale. Conflict of Interest The City applies clear rules and guidelines for the disclosure and management of conflicts of interest to ensure decisions are not improperly affected by self-interest. Direction is provided for offers of gifts and hospitality to prevent special interests from attempting to offer staff or members of Council items or services of value in return for favours. A code of conduct has been established for members of Council. Employment of relatives of staff and members of Council is limited through policy. The Integrity Commissioner role has been established to review potential conflicts of interest. 5 of 7 Page 157 of 334 Policy No: GOV-COR-015 Policy Title: CORPORATE ACCOUNTABILITY & TRANSPARENCY Records Management and Access to Information The City maintains sound records management practices, ensuring that accurate and reliable records are created and remain accessible, usable and authentic for as long as they are needed. A wide range of information and records are proactively made available to the public online, and routinely available information that is not available online can be requested directly from the service area or division responsible for the information. Records or information that is not routinely disclosed can be requested by making a Freedom of Information Request and the City will make every attempt to provide appropriate access to records while respecting the need for privacy, in accordance with legislation. Open Data In support of transparency, the City is making its data "open by default". The prioritization for publishing open data is complemented by community engagement with individuals, businesses and other public sector organizations. The City strives to make this data machine and human readable, and releases public information that helps reveal and inform decision-making as open datasets. The City has created specific requirements, which are evolving, for ongoing updates of open data, and aims to release its data in a timely manner, dependent on the nature of the data. Open data is seen as a collaborative community undertaking to meet the needs of the community, and to monitor changes within the open government data community. Engagement The City has adopted a commitment to effectively involving the community in public decision-making processes. A community engagement framework has been established and training is provided for city staff, to provide direction and guidance on the development and implementation of community engagement processes. As standard practice, staff reports to Council are required to indicate the way in which members of the community will be or have been involved in the issue at hand, if applicable. The City has a current policy regarding public notice requirements. Community members can also get involved through various committees, tribunals and boards. Committees provide advice and feedback to City Council and standing committees on a variety of issues or topics, including arts and culture, accessibility, downtown, the environment and the City's strategic plan; whereas tribunals and boards have the autonomy to make decisions. e) ROLES AND RESPONSIBILITIES The City Clerk holds an oversight role for this Policy and is the first point of contact regarding the Policy. Staff and Council have responsibility for various 6 of 7 Page 158 of 334 Policy No: GOV-COR-015 Policy Title: CORPORATE ACCOUNTABILITY & TRANSPARENCY actions and activities related to the Policy and in support of the open government principles of accountability and transparency. f) APPOINTMENTS Under part VI of the Municipal Act, the City is authorized to appoint the following: Integrity Commissioner, Lobbyist registry, Ombudsman, and Auditor General. New appointments are reviewed as deemed required by staff or Council. Continuations or renewals of existing appointments are reviewed before the expiration of the current contact term(s). g) REVIEW AND REPORTING This Policy will be reviewed once during each term of Council for relevance, currency and accuracy including the review of activities and commitments in place to support accountability and transparency. The Policy is intended to provide general and relevant direction, on which to build supporting actions. Initiatives that further accountability and transparency will be reported through public meetings in accordance with the City's Open Government Framework. 5. HISTORY OF POLICY CHANGES Administrative Updates 2016-06 -1-015 policy template re -formatted to new numbering system and given number GOV-COR-015. Formal Amendments 2008-10-06 - As per Council/CLT directive. 2014-03-03 - As per Council/CLT directive. 7 of 7 Page 159 of 334 J K; R POLICY Policy No: GOV-COR-015 Policy Title: CORPORATE ACCOUNTABILITY Approval Date: December 10, 2007 & TRANSPARENCY Reviewed Date: June 2016 Policy Type: COUNCIL Next Review Date: June 2021 Category: Governance Reviewed Date. Sub-Category: Corporate Last Amended: March 3, 2014 Author: Director, Legislated Services and City Clerk Replaces: 1-015, Corporate Accountability & Dept/Div: Finance & Corporate Services Transparency Department, Legislated Services Related Policies, Procedures and/or Guidelines: -r„ ho 0n,.1, „do,r ;;+ „o„+ ro„;o,V, Municipal Act, 2001, S.O. 2001, c. 25. 1. POLICY PURPOSE: The City of Kitchener (`the City') is committed to the fundamental principles of accountability and transparency as they are key values within the City's Open Government Framework. The City has adopted the following as its Vision for Open Government: "To provide a City government that is transparent and accountable to its G44epsresidents, with opportunities for meaningful, accessible public participation, made possible through innovation, technology and collaboration.” The City of Kitchener is committed to creating a culture where Council, staff and ^�}�Tresident� of Kitchener are aware of and understand the principles of accountability and transparency, and their roles in upholding these essential standards of good government that enhance public trust. In support of the open government principles of accountability and transparency, this Policy outlines the City's commitments which will ensure: • The City is open by default, subject to financial, legal, legislative and privacy constraints; • Council decision-making is open and transparent; • The City is accountable for the provision and performance of its services. 1 of 7 Page 160 of 334 Policy No: GOV-COR-015 Policy Title: CORPORATE ACCOUNTABILITY & TRANSPARENCY 2. DEFINITIONS: Accountability: the City has established rules and guidelines that ensure the City is able to explain its actions to the public Transparency: City information is accurate, timely, any available and decisions are open for public review and discussion. 3. SCOPE: 4. POLICY CONTENT: a) LEGISLATIVE AUTHORITY Section 270 of the Municipal Act 2001 (The "Act") requires that all municipalities adopt and maintain a policy with respect to the manner in which the municipality will ensure it is accountable to the public for its actions, and the manner in which its actions are transparent to the public. The purpose of this policy is to provide guidance for the delivery of municipal activities and services in an accountable and transparent manner in accordance with the Municipal Act. b) APPLICATION This Policy applies to all City employees and members of City Council. c) POLICY COMPONENTS In order to ensure the principles of Accountability and Transparency are practiced and adhered to as a matter of good governance, the following 2of7 Page 161 of 334 POLICY APPLIES TO THE FOLLOWING: ❑x 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: ❑x Council ❑ Local Boards & Advisory Committees 4. POLICY CONTENT: a) LEGISLATIVE AUTHORITY Section 270 of the Municipal Act 2001 (The "Act") requires that all municipalities adopt and maintain a policy with respect to the manner in which the municipality will ensure it is accountable to the public for its actions, and the manner in which its actions are transparent to the public. The purpose of this policy is to provide guidance for the delivery of municipal activities and services in an accountable and transparent manner in accordance with the Municipal Act. b) APPLICATION This Policy applies to all City employees and members of City Council. c) POLICY COMPONENTS In order to ensure the principles of Accountability and Transparency are practiced and adhered to as a matter of good governance, the following 2of7 Page 161 of 334 Policy No: GOV-COR-015 Policy Title: CORPORATE ACCOUNTABILITY & TRANSPARENCY represent overarching guidance for the provision of City activities, services and programs in support of the principles. Accountability Components: The roles and responsibilities of the City must be clearly defined. In the context of other levels of government, it should be clearly explained as to which government is responsible for what services. Within the City, the roles of Council and staff, and the responsibility for services provided, need to be easily understood. The roles and responsibilities of stakeholders — including ,;individuals, customers and businesses - that utilize the services of the City must also be clearly defined in order to ensure the service is provided in a fair, equitable and timely manner and that the anticipated outcomes are achieved. Actions will be consistent with clearly understood expectations. Services offered by the City should be clearly explained and outlined to include what is expected from the customer and what the customer can expect from the City. In setting expectations and reaching agreement, expectations may be implied or explicit. In many cases there will be a reasonable expectation based on common sense or normal practices and in other cases the outcome or expectation will need to be specifically given and acknowledged. Wherever possible the anticipated outcome of any service provided by the City will be given to provide clarity on what the +individual, customer or business can expect. There must be a reasonable balance between expectations and capacities. Customer and president expectations may change from time to time, and all expectations must be balanced against the City's authority, available skills and resources required to achieve the expected outcome. There must be clear and timely reporting on actions. Reporting must be credible, the information useful, accurate, timely and accessible. Reporting on actions taken or not taken shall be clear and easy to understand. There must be reasonable review and adjustment. Accountable reporting will highlight areas where expectations have been met, as well as those which have not. Achievements should be recognized, and where expectations have not been met, adjustment and corrective actions may need to be made. Transparency Components: 3 of 7 Page 162 of 334 Policy No: GOV-COR-015 Policy Title: CORPORATE ACCOUNTABILITY & TRANSPARENCY City information must be fully accessible within legal limitations. Providing information that J, ;Tindividuals or others require in order to comment on the City's services and activities, allows for the influencing of City activities and decisions and initiating change. This results in trust, enabling the City to manage its services and activities more effectively and efficiently. Information provided by the City must be accessible, understandable, and provided in the appropriate format. In providing information or data, the City must balance this obligation with other legal and regulatory obligations. The City will continue to comply with legislation that protects certain information. Whenever meaningful information is withheld, an explanation will be given as to why. All information should be provided in clear, simple language. City information that is provided publicly should be provided in clear, plain language. Whenever there is a requirement to provide information in a certain way in order to satisfy legal or regulatory obligations, a plain language description will also be provided. Information deemed to be in the public interest is to be updated regularly, consistently and as much as possible, proactively. Processes will be established to ensure information is updated and remains relevant following initial provision of the information. The City is committed to evolving the culture of the organization toward being `open by default', where meaningful information is provided to the public proactively and not based on reaction to requests. d) POLICY COMMITMENTS The City has in place a number of activities and actions supporting Accountability and Transparency. The following is a summary of the key methods through which the principles are practiced and adhered to. The City strives to meet these commitments and it must be understood that City resources — human, financial and technical — have limitations based on operating and capital budgets, which are developed with public consultation. Council Meetings The City provides the public with information on the role and responsibilities of the Mayor and city Councillors. The time and dates of meetings, agendas and reports under consideration are made available to the public in advance of public deliberations. All staff reports to Council or Committees of Council are written using a standard report template in clear non-technical language where possible, providing the reader with full information on the topic. A 4of7 Page 163 of 334 Policy No: GOV-COR-015 Policy Title: CORPORATE ACCOUNTABILITY & TRANSPARENCY digital repository is used to maintain up-to-date records of Council by-laws, reports and minutes and is openly accessible to the general public. All meetings of Council and Committees of Council are open to the public, with exceptions as permitted by the Municipal Act, and members of the public are invited to be delegations to Council to ask questions or discuss specific issues. Agendas for closed meetings of Council provide as much information as possible without revealing confidential information. Budgets and &-minncc DIancFinancial Information The City publishes the annual prepesed-budget and b sine& plop written in plain languageOn beth print ;nrl digitalfns?};;wh� �eplaG by the hi idg cy nnno it hraS htQtQA -FAtifi G96IRG01.. Budget rp- deliberations are held in public Council/Committee sessions OR QGH GC , and members of the public are encouraged to provide input and comments. Budget variance reports are published at least three times a year with; fimTarrri TAT tCi� and bl icinocc plan status pdatCs are. published blhed ��' i i�F thFeugheut the yeaF explanations provided for significant deviations. Proposed and actual expenditures of development charges are reported annually. Audited financial statements accompanied by plain language explanations are published annually. Public Services The City proactively provides information to the public on the services that are provided, the processes for accessing public services including fees and timelines, and contact information for key personnel, making the information easily accessible and using plain language. The City has expanded its internet and social media presence including online services. Feedback and complaint mechanisms are in place using a range of channels. The City's internal audit function has a broad mandate to review the efficiency and effectiveness of City operations under Council's direction. Procurement The City has a comprehensive, clear and understandable framework for the open and transparent procurement of goods and services. Opportunities are openly advertised and bids are opened publicly. Selection criteria are clear, awards are fully disclosed, and mechanisms are in place to dispute a contract award. Standardized documents and e -procurement technology are used to provide simple, secure and efficient processes and provide accurate and timely disclosure of information for potential contractors and the general public. The City has in place by-laws and procedures guiding the authority of staff to enter into contractual agreements within defined limits. By-laws and procedures also provide guidance for City land acquisition and sale. Conflict of Interest 5 of 7 Page 164 of 334 Policy No: GOV-COR-015 Policy Title: CORPORATE ACCOUNTABILITY & TRANSPARENCY The City applies clear rules and guidelines for the disclosure and management of conflicts of interest to ensure decisions are not improperly affected by self-interest. Direction is provided for offers of gifts and hospitality to prevent special interests from attempting to offer staff or members of Council items or services of value in return for favours. A code of conduct has been established for members of Council. Employment of relatives of staff and members of Council is limited through policy. The Integrity Commissioner role has been established to review potential conflicts of interest. Records Management and Access to Information The City maintains sound records management practices, ensuring that accurate and reliable records are created and remain accessible, usable and authentic for as long as they are needed. A wide range of information and records are proactively made available to the public online, and routinely available information that is not available online can be requested directly from the service area or division responsible for the information. Records or information that is not routinely disclosed can be requested by making a Freedom of Information Request and the City will make every attempt to provide appropriate access to records while respecting the need for privacy, in accordance with legislation. Open Data In support of transparency, the City is making its data "open by default". The prioritization for publishing open data is complemented by community engagement with +individuals, businesses and other public sector organizations. The City strives to make this data machine and human readable, and releases public information that helps reveal and inform decision-making as open datasets. The City has created specific requirements, which are evolving, for ongoing updates of open data, and aims to release its data in a timely manner, dependent on the nature of the data. Open data is seen as a collaborative community undertaking to meet the needs of the community, and to monitor changes within the open government data community. r,+Engagement The City has adopted a commitment to effectively involving the community in public decision-making processes. A community engagement framework has been established and training is provided for city staff, to provide direction and guidance on the development and implementation of community engagement processes. As standard practice, staff reports to Council are required to indicate the way in which members of the community will be have been involved in the issue at hand, if applicable. The City has a current policy regarding public notice requirements. Citizens d— ommunity members can also get involved through various ^'+committees tribunals 6 of 7 Page 165 of 334 Policy No: GOV-COR-015 Policy Title: CORPORATE ACCOUNTABILITY & TRANSPARENCY and boards. Qit Committees provide advice and feedback to City Council and standing committees on a variety of issues or topics, including arts and culture, accessibility, downtown, the environment and the City's strategic plan; whereas tribunals and boards have the autonomy to make decisions fnr the gc)Gd of their ergaAmizafinnc e) ROLES AND RESPONSIBILITIES The City Clerk holds an oversight role for this Policy and is the first point of contact regarding the Policy. Staff and Council have responsibility for various actions and activities related to the Policy and in support of the open government principles of accountability and transparency. f) APPOINTMENTS Under part VI of the Municipal Act, the City is authorized to appoint the following: Integrity Commissioner, Lobbyist registry, Ombudsman, and Auditor General. New appointments are reviewed as deemed required by staff or Council. Continuations or renewals of existing appointments are reviewed before the expiration of the current contact term(s). g) REVIEW AND REPORTING This Policy will be reviewed once during each term of Council for relevance, currency and accuracy including the review of activities and commitments in place to support accountability and transparency. The Policy is intended to provide general and relevant direction, on which to build supporting actions. Initiatives that further pFegFeGs •4Ard' beGGMiRg MeFe P.r--r--t-:)---.A.t.-Abtaccountability a—and tFaRs open+ transparency will be reported through public meetingSTePGFtiRg E)A Qe* sthe HPGGMiRG 4 yea;-aGt+en pan s it peFtiRg in accordance with the City's Open Government Framework. 5. HISTORY OF POLICY CHANGES Administrative Updates 2016-06 -1-015 policy template re -formatted to new numbering system and given number GOV-COR-015. Formal Amendments 2008-10-06 - As per Council/CLT directive. 2014-03-03 - As per Council/CLT directive. 7 of 7 Page 166 of 334 J K; R POLICY Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR Approval Date: October 6, 2008 MEMBERS OF COUNCIL, LOCAL BOARDS & Reviewed Date: June 2021 ADVISORY COMMITTEES Next Review Date: June 2026 Policy Type: COUNCIL Last Amended: August 21, 2021 Category: Governance Sub -Category: Board & Committee Replaces: 1-005, Code of Conduct for Members of Council, Local Author: City Clerk Boards and Advisory Committees Dept/Div. Finance & Corporate Services Department, Legislated Repealed: Services Replaced by: Related Policies, Procedures and/or Guidelines: To be included at next review. 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; • 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; 1 of 26 Page 167 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES • 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-2025 (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 understanding and dismantling 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 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; 2 of 26 Page 168 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES spouse shall mean the person to whom a person is married or with whom the person is living in a conjugal relationship outside marriage. "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 deprived of rights and 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 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 3 of 26 Page 169 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES 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: 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: • the Criminal 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, 2001 prescribes the following as the roles of a municipal council, the head of council and the head 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; of Page 170 of 334 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: ❑x Council ❑x Local 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: • the Criminal 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, 2001 prescribes the following as the roles of a municipal council, the head of council and the head 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; of Page 170 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES • 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 the operations 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; • 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. As chief 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 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 W. BUSINESS RELATIONS 5 of 26 Page 171 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES 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-2025 (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. CONDUCT OF A POLITICAL NATURE No member shall use City facilities, services, or property for their election or re- election campaign. No member shall use the services of City employees for their election or re-election campaign, during hours in which the employees are in the paid employment of the 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 6 of 26 Page 172 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES 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 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. 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 of Page 173 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES any confidential information acquired by virtue of their office, except when required to do so by law. Particular care should be exercised in ensuring 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 to be "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; • 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. of Page 174 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES 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 Code applies, as does HUM -WOR -120 (Employment - Human Rights). 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 of Staff Members and Elected Officials) 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 their duties 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. The following are recognized as exceptions: 9 of 26 Page 175 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES 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), if the 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 10 of 26 Page 176 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES No member shall use the influence of their office for any purpose other than for the exercise of their official duties. No member shall seek or obtain by reason of their office any personal privilege or private advantage with respect to City services not otherwise available to the general public and not consequent to their official duties. 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 advantage through 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 their duties that is not available to the general public for any purposes other than their 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 City Facilities for Political Campaign Purposes). This does not include the use of personal social media/networking accounts registered publicly in the member's name. 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, 2001 no 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 11 of 26 Page 177 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES 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 both of the following are satisfied: (1) The applicant became aware of the alleged contravention within 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 the Municipal 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; 12 of 26 Page 178 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES (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 the Commissioner shall be made in writing and emailed to integrity(a)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 they have provided but shall not disclose confidential information that 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. 13 of 26 Page 179 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES 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 by a local board or Council as a whole. 2. Complaint (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 14 of 26 Page 180 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES (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 InterestAct, 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, 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 Integrity Commissioner, but shall not disclose information that could identify a person concerned. 15 of 26 Page 181 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES (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 Inauiries Act (2) Under Section 223.4(2) of the Municipal 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. (3) When the Public Inquiries Act applies 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 Act prevails. 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 16 of 26 Page 182 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES ascertain whether the receipt of the gift or benefit might, in their 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, they shall 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, reimburse the 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 the Municipal Act, 2001 and may enter any municipal or local board work location relevant to the complaint 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 their findings and any recommended sanction. Interim Reports (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. 17 of 26 Page 183 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES 7. Final Report (1) The Integrity Commissioner shall report the general findings of their investigation 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 their 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, 2001 authorizes Council to impose either of two penalties on a member of Council or local board following a report by the Integrity Commissioner that, in their 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. 18 of 26 Page 184 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES 8. Member not Blameworthy 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 I 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 the Municipal Act, 2001, which are summarized in the following subsections: a) the Integrity Commissioner and every person acting under their instructions shall preserve secrecy with respect to all matters that come to their 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 the Municipal Act, 2001. b) pursuant to Section 223.5(3) of the Municipal 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 their 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. 19 of 26 Page 185 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES 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 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 their 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 - 1-005 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. 20 of 26 Page 186 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES APPENDIX `A' Advisory Committee and Local Board 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 committee members to ensure they are acting in a manner that is appropriate with regard to their committee. 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; 21 of 26 Page 187 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES 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, 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 22 of 26 Page 188 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES 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. 4. 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/she shall: 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, d) not attempt in any way whether before, during or after the meeting to influence the voting on any such question or recommendation. 5. 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 Kitchener Municipal Code Chapter 25 (Procedure); then the remaining members shall be deemed to constitute a quorum provided there are not less than two members present. 6. Notwithstanding Section 2(c), members of Heritage Kitchener who own property designated under Part IV or Part V of the Ontario Heritage Act and 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. 7. 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. 23 of 26 Page 189 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES APPENDIX `B' CODE OF CONDUCT COMPLAINT FORM Applicant Information: [Name] [Address] [Phone] [Email] I, , of the [Full name] in the [Municipality of Residence] [City, Town, etc. of] in the Province of Ontario have personal knowledge of the facts as set out in this complaint form, because [Insert reasons - e.g. I work for ... or/ attended the meeting at which ... etc]. I have reasonable and probable grounds to believe that a member of Kitchener City Council or local board, has contravened section(s) [Specify name of member], [Specify section(s)] The particulars of which are as follows: of the Code of Conduct. [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. 8, etc. and attach them to this Complaint Form.] 24 of 26 Page 190 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES Please see the attached Schedule `A' ( ) Please read the following before signing: If the Integrity Commissioner launches an inquiry into the complaint, the content of this form, including the Applicant's identity, may be shared with the Member who is the subject of the complaint. At the end of the inquiry the Integrity Commissioner may issue a public report that includes information about the complaint, including the identities of the parties involved. Only sign this complaint form if you understand and accept the potential for disclosure of your identity and the information provided. I, the undersigned, request that this matter be reviewed by the Integrity Commissioner for the City of Kitchener. [Signature of Complainant] [Date] 25 of 26 Page 191 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES Page _ of Schedule `A' To the Complaint Form [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.] [Signature of Complainant] 26 of 26 Page 192 of 334 l KlTiCR POLICY Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR Approval Date: October 6, 2008 MEMBERS OF COUNCIL, LOCAL BOARDS & Reviewed Date: June 2021 ADVISORY COMMITTEES Next Review Date: June 2026 Policy Type: COUNCIL Last Amended: August 21, 2021 Category: Governance Sub -Category: Board & Committee Replaces: 1-005, Code of Conduct for Members of Council, Local Author: City Clerk Boards and Advisory Committees Dept/Div: Finance & Corporate Services Department, Legislated Repealed: Services Replaced by: Related Policies, Procedures and/or Guidelines: To be included at next review. 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; • 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; 1 of 29 Page 193 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES • 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 2025 (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 understanding and dismantling 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 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; 2 of 29 Page 194 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES spouse shall mean the person to whom a person is married or with whom the person is living in a conjugal relationship outside marriage. "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 deprived of rights and 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 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 3of29 Page 195 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES 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: 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: • the Criminal 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, 2001 prescribes the following as the roles of a municipal council, the head of council and the head 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; of Page 196 of 334 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: ❑x Council ❑x Local 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: • the Criminal 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, 2001 prescribes the following as the roles of a municipal council, the head of council and the head 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; of Page 196 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES • 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 the operations 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; • 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. As chief 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 + izep 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 of Page 197 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES 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 2025 (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. CONDUCT OF A POLITICAL NATURE No member shall use City facilities, services, or property for 4 irn their election or re-election campaign. No member shall use the services of City employees for h',;Ihe their election or re-election campaign, during hours in which the employees are in the paid employment of the 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 6of29 Page 198 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES PFvEe6 '—ami- eti-Fer sur --h matters Therefere,—rmrrembersar�PecrFMi ced-t-1 . 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. G 9 I R G i l asA-� n—u-- V h e lti i reEts the --b u c i�aGf tit8 Gity and p a c ccahey iuwS,--G�F resel, i no a appFepFi� r i-Iorisien .�d9pte d by i`„, innil �,tie„�—as�te�e,--a�,�sr-aa�,�«r���T� 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. 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 of Page 199 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES 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 in ensuring 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 to be "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; • 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; of Page 200 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES • 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 Code applies, as does HUM -WOR -120 (Employment - Human Rights). 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 of Staff Members and Elected Officials) 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 ofi&44;_ their duties 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 of Page 201 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES 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. 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), if the 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, of Page 202 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES 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 No member shall use the influence of h'rn,;Ihc their office for any purpose other than for the exercise of h'r�c their official duties. No member shall seek or obtain by reason of 4ir/ their office any personal privilege or private advantage with respect to City services not otherwise available to the general public and not consequent to i„their official duties. 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 advantage through 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 i„their duties that is not available to the general public for any purposes other than V irn their 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 City Facilities for Political Campaign Purposes). This does not include the use of personal social media/networking accounts registered publicly in the member's name. COMPLAINT PROTOCOL of Page 203 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES 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, 2001 no 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 both of the following are satisfied: (1) The applicant became aware of the alleged contravention within 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 the Municipal 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 12 of 29 Page 204 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES 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 the Commissioner shall be made in writing and emailed to integritv(a-)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 ",, 9-r-�they haeve provided but shall not disclose confidential information that 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; 13 of 29 Page 205 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES (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 by a local board or Council as a whole. 2. Complaint (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. of Page 206 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES 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 InterestAct, 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, 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 15 of 29 Page 207 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES 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 Integrity Commissioner, 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 of Page 208 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES (2) Under Section 223.4(2) of the Municipal 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. (3) When the Public Inquiries Act applies 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 Act prevails. 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 benefit might, in i„�their 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, 2they shall 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, reimburse the 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 the Municipal Act, 2001 and of Page 209 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES may enter any municipal or local board work location relevant to the complaint 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 4 irn their findings and any recommended sanction. Interim Reports (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 hislhe their investigation 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 #is/#ertheir 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, 2001 authorizes Council to impose either of two penalties on a member of Council or local board following a report by the Integrity Commissioner that, in 4+r�theii opinion, there has been a violation of the Code of Conduct: of Page 210 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES 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 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 of Page 211 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES A complaint will be processed in compliance with the confidentiality requirements in Section 223.5 of the Municipal Act, 2001, which are summarized in the following subsections: a) the Integrity Commissioner and every person acting under 4s�their instructions shall preserve secrecy with respect to all matters that come to WCU heP 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 the Municipal Act, 2001. b) pursuant to Section 223.5(3) of the Municipal 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 h'rn,;Ih2 their 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 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 of Page 212 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES 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 a+s!#etheir 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 -1-005 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. of Page 213 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES APPENDIX `A' Advisory Committee and Local Board -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 committee members to ensure they are acting in a manner that is appropriate with regard toKtheir committee. 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; 22 of 29 Page 214 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES 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, 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 23 of 29 Page 215 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES 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. 4. 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/she shall: 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, d) not attempt in any way whether before, during or after the meeting to influence the voting on any such question or recommendation. 5. 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 Kitchener Municipal Code Chapter 25 (Procedure); then the remaining members shall be deemed to constitute a quorum provided there are not less than two members present. 6. Notwithstanding Section 2(c), members of Heritage Kitchener who own property designated under Part IV or Part V of the Ontario Heritage Act and 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. 7. 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. of Page 216 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES APPENDIX `B' FORMAL -CODE OF CONDUCT COMPLAINT PROGED REFORM Applicant AFFIDAVI AFFIDAVIT OF Pease, „ . + f„u f Name Address (Phonel TEmaill I, , of the [Full name] in the [City, Town, etc_ of] [Municipality of rQsWessResidence] in the Province of Ontario MAKE OATH Anis env [ - Orr nnm. a ---have personal knowledge of the facts as set out in this ;;f#id;;vitComplaint form, because [Insert reasons - e.g. I work for... or I 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, has contravened section(s) [Specify name of member], [Specify section(s)] The particulars of which are as follows: of the Code of Conduct. [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, 8, etc. and attach them to this a€ffd:;W Complaint Form.] Page 217 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES Please see the attached Schedule `A' ( ) Please read the following before signing: If the Integrity Commissioner launches an inquiry into the complaint, the content of this form, including the Applicant's identity, may be shared with the Member who is the subject of the complaint. At the end of the inquiry the Integrity Commissioner may issue a public report that includes information about the complaint, including the identities of the parties involved. Only sign this complaint form if you understand and accept the potential for disclosure of your identity and the information provided. I, the 26 of 29 Page 218 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES undersigned, request that this matter be reviewed by the Integrity Commissioner for the City of Kitchener.-., This; affid-avit ms; mad -e- fer the purpese ef reqUeStiRg that this; matter be revievied- and fGF RE) ether p6irpese. 9VVQRni r, ncc onncni hofnro mo a3 fho 3 the \ iR Dr��,irno of QHtarm.e vrrthks day- ef 4 3 \ 3 [Signature of nnmmiccinnorG'Orpplainant Date 27 of 29 Page 219 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES RL€ACFNOTE THAT SIGNING A CAI RE AFFIDAVIT MAY EXPOSE YOU TO PROSECT 'TION UNDER RECTIGNS 131 ARID 132 nn 134 OF THE G—RIA4�nini COD R S.G 1966, G. G 46, AND A6S TO GIWL vcv ��...nw �a� Tu�v �as�..nc �a��..n ���c G1�I1fII)�Tc c. a. I IAQII ITV FOR —DEFAMATION Page — of Schedule `A' To the Complaint Form [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.] 28 of 29 Page 220 of 334 Policy No: GOV-COU-005 Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND ADVISORY COMMITTEES [Signature of Complainantl 29 of 29 Page 221 of 334 J xix POLICY Policy No: GOV-COU-050 Policy Title: WARD BOUNDARY - Approval Date: July 4, 1995 CRITERIA Reviewed Date: July 2024 Policy Type: COUNCIL Next Review Date: July 2027 Category: Governance Reviewed Date: Last Amended: June 11, 2007 Sub-Category: Council Author: Author Unknown Replaces: 1-050, Ward Boundary - Dept/Div: Office of the Mayor & Council Criteria Repealed. Replaced by: Related Policies, Procedures and/or Guidelines: To be included at next review. 1. POLICY PURPOSE: Provides the criteria and guiding principles to be considered when reviewing ward boundaries. 2. DEFINITIONS: "City" means The Corporation of the City of Kitchener or the geographic area of Kitchener, as the context requires. "Community of Interest" means a neighborhood or recognized area of the City with distinct or defining attributes, including, but not limited to ethnic, religious, historic, and cultural, wherein the residents share a common interest. "Effective Representation" means having approximately the same number of residents per Member of Council for each Ward to ensure that residents have equivalent access to and representation by each Ward Councillor. "Geographic Boundary" means a natural or man-made feature that can serve as a Ward boundary. "Ward" means a certain specific geographic area of the City that is established. 1 of 3 Page 222 of 334 Policy No: GOV-COU-050 Policy Title: WARD BOUNDARY - CRITERIA "Ward Boundary Guidelines" means the criteria as set out in this policy by which Effective Representation will be assessed in each Ward and the City as a whole. "Ward Boundary Review" means a comprehensive process by which Wards are reviewed, resulting in recommendations to either maintain, or to reduce, increase, or adjust the Wards prior to passing a by-law in accordance with Section 222 of the Municipal Act, 2001, S.O. 2001, c. 25. 3. SCOPE: 4. POLICY CONTENT: (a) Ward boundaries shall be reviewed after every third regular election. With the current length of a term of Council being four years, that would equate to every 12 years. A review shall be commenced two years prior to the next election, so that it can be finalized in sufficient time to allow for the appeal period and a possible appeal to the Ontario Land Tribunal (OLT). (b) Each ward will be represented by one Councillor. (c) In reviewing ward boundaries, the following principles shall be considered: (i) Communities of interest and neighbourhoods should be protected. It is desirable to avoid fragmenting traditional neighbourhoods or communities of interest. (ii) Consideration of representation by population: To the extent possible, and bearing in mind the requirements for effective representation, voters should be equally represented and wards should have reasonable equal population totals. Given the 2of3 Page 223 of 334 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: ❑x Council ❑ Local Boards & Advisory Committees 4. POLICY CONTENT: (a) Ward boundaries shall be reviewed after every third regular election. With the current length of a term of Council being four years, that would equate to every 12 years. A review shall be commenced two years prior to the next election, so that it can be finalized in sufficient time to allow for the appeal period and a possible appeal to the Ontario Land Tribunal (OLT). (b) Each ward will be represented by one Councillor. (c) In reviewing ward boundaries, the following principles shall be considered: (i) Communities of interest and neighbourhoods should be protected. It is desirable to avoid fragmenting traditional neighbourhoods or communities of interest. (ii) Consideration of representation by population: To the extent possible, and bearing in mind the requirements for effective representation, voters should be equally represented and wards should have reasonable equal population totals. Given the 2of3 Page 223 of 334 Policy No: GOV-COU-050 Policy Title: WARD BOUNDARY - CRITERIA geography and varying populations densities and characteristics in the City, a degree of variation is acceptable. (iii) Consideration of physical features as natural boundaries. Wards should be compact, contiguous shape, straightforward and easy to remember. (iv) Consideration of present and future population trends. The ward structure should accommodate growth for at least 12 years. 5. HISTORY OF POLICY CHANGES Administrative Updates 2001-12-01 - Minor updates 2016-06-01 - 1-050 policy template re -formatted to new numbering system and given number GOV-COU-050. 2024-07 - Reviewed no changes. Formal Amendments 2007-06-11 - As per Council/CLT directive. 3 of 3 Page 224 of 334 J KAT R POLICY Policy No: GOV-COU-050 Policy Title: WARD BOUNDARY - Approval Date: July 4, 1995 CRITERIA Reviewed Date: July 2024 Policy Type: COUNCIL Next Review Date: July 2027 Category: Governance Reviewed Date: Last Amended: June 11, 2007 Sub -Category: Council Author: Author Unknown Replaces: 1-050, Ward Boundary - Dept/Div: Office of the Mayor & Council Criteria Repealed: Replaced by: Related Policies, Procedures and/or Guidelines: To be included at next review. POLICY PURPOSE: Provides the criteria and guiding principles to be considered when reviewing ward boundaries. 2. DEFINITIONS: Te be ;n^', ,.ped --;;t Aex#rey+evV. —City" means The Corporation of the City of Kitchener or the geographic area of Kitchener, as the context requires. "Community of Interest" means a neighborhood or recognized area of the City with distinct or defining attributes, including, but not limited to ethnic, religious, historic, and cultural, wherein the residents share a common interest. "Effective Representation" means having approximately the same number of residents per Member of Council for each Ward to ensure that residents have equivalent access to and representation by each Ward Councillor. 1 of 3 Page 225 of 334 Policy No: GOV-COU-050 Policy Title: WARD BOUNDARY - CRITERIA M 4. "Geographic Boundary" means a natural or man-made feature that can serve as a Ward boundary. "Ward" means a certain specific geographic area of the City that is established. "Ward Boundary Guidelines" means the criteria as set out in this policy by which Effective Representation will be assessed in each Ward and the City as a whole. "Ward Boundary Review" means a comprehensive process by which Wards are reviewed, resulting in recommendations to either maintain, or to reduce, increase, or adjust the Wards prior to passing a by-law in accordance with Section 222 of the Municipal Act, 2001, S.O. 2001, c. 25. SCOPE: POLICY CONTENT: (a) Ward boundaries shall be reviewed after every cid —third regular election. With the current lenath of a term of Council beina four vears. that would equate to every 12 years. A review shall be commenced two years prior to the next election, so that it can be finalized in sufficient time to allow for the appeal period and a possible appeal to the Ontario Land Tribunal (OLT)., (b) Each ward will be represented by one Councillor. (c) In reviewing ward boundaries, the following principles shall be considered: 2of3 Page 226 of 334 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: ❑x Council ❑ Local Boards & Advisory Committees POLICY CONTENT: (a) Ward boundaries shall be reviewed after every cid —third regular election. With the current lenath of a term of Council beina four vears. that would equate to every 12 years. A review shall be commenced two years prior to the next election, so that it can be finalized in sufficient time to allow for the appeal period and a possible appeal to the Ontario Land Tribunal (OLT)., (b) Each ward will be represented by one Councillor. (c) In reviewing ward boundaries, the following principles shall be considered: 2of3 Page 226 of 334 Policy No: GOV-COU-050 Policy Title: WARD BOUNDARY - CRITERIA (i) Communities of interest and neighbourhoods should be protected. It is desirable to avoid fragmenting traditional neighbourhoods or communities of interest. (ii) Consideration of representation by population: To the extent possible, and bearing in mind the requirements for effective representation, voters should be equally represented and wards should have reasonable equal population totals. Given the geography and varying populations densities and characteristics in the City, a degree of variation is acceptable. (iii) Consideration of physical features as natural boundaries. Wards should be compact, contiguous shape, straightforward and easy to remember. (iv) Consideration of present and future population trends. The ward structure should accommodate growth for at least 12 years. 5. HISTORY OF POLICY CHANGES Administrative Updates 2001-12-01 - Minor updates 2016-06-01 - 1-050 policy template re -formatted to new numbering system and given number GOV-COU-050. 2024-07 - Reviewed no changes. Formal Amendments 2007-06-11 -Asper Council/CLT directive. 3of3 Page 227 of 334 1. POLICY PURPOSE: The Community Flag Raisings, Flag Protocol & Illumination at City Hall Policy establishes a framework to govern requests for flag raisings and illumination of city facilities received from the community, and to establish a consistent protocol for commemoration activities. 2. DEFINITIONS: a) "Clerk" means the Clerk appointed by the Kitchener Council, or their designate. b) "Chief Administrative Officer/CAO" means the Chief Administrative Officer appointed by the Kitchener Council, or their designate. c) "City Hall" means the administrative office and public space including Carl Zehr Square. d) "Civic Square Flag Display" means the large flag poles in Civic Square which fly the national flag of Canada, the provincial flag of Ontario and the City of Kitchener flag. e) "Community Flag Pole" means the flagpoles designated at the Kitchener City Hall Duke St. Gardens and at Speaker's Corner for Community Flag Raisings. Page 228 of 334 POLICY Policy No: MUN-FAC-442 K ,'CHE ER Policy Title: COMMUNITY FLAG Approval Date: May 17, 2004 RAISINGS, FLAG PROTOCOL & Reviewed Date. July 2016 ILLUMINATION OF CITY HALL Policy Type: COUNCIL Next Review Date: July 2021 Reviewed Date: Category: Municipal Services Last Amended: Sub -Category: Facility Replaces: 1-442, Community Flag Author: City Clerk Raisings & Flag Protocol Dept/Div: Finance & Corporate Services Department, Legislated Repealed: June 30, 2014 Services Replaced by: 1-442 Related Policies, Procedures and/or Guidelines: To be included at next review. 1. POLICY PURPOSE: The Community Flag Raisings, Flag Protocol & Illumination at City Hall Policy establishes a framework to govern requests for flag raisings and illumination of city facilities received from the community, and to establish a consistent protocol for commemoration activities. 2. DEFINITIONS: a) "Clerk" means the Clerk appointed by the Kitchener Council, or their designate. b) "Chief Administrative Officer/CAO" means the Chief Administrative Officer appointed by the Kitchener Council, or their designate. c) "City Hall" means the administrative office and public space including Carl Zehr Square. d) "Civic Square Flag Display" means the large flag poles in Civic Square which fly the national flag of Canada, the provincial flag of Ontario and the City of Kitchener flag. e) "Community Flag Pole" means the flagpoles designated at the Kitchener City Hall Duke St. Gardens and at Speaker's Corner for Community Flag Raisings. Page 228 of 334 f) "Flying a Flag at Half-mast" means the action of flying all flags, forming a single display of flags, at a position that is equal distance from the top and bottom of a flagpole, to mark periods of mourning or to commemorate solemn occasions. g) "Illumination" means the use of illumination through different colour lights at City Hall facing outwards toward Carl Zehr Square. h) "Kitchener Flag" means the flag adopted by Kitchener Council as a symbol of the municipality. The Kitchener Flag may be granted, registered, approved or confirmed by the Canadian Heraldic Authority. i) "Mayor" means the elected Mayor of the City of Kitchener, or the Acting Mayor, as approved by by-law, in their absence. j) "National Flag of Canada" means the flag approved by the Parliament of Canada as a national symbol of Canada. k) "Provincial Flag of Ontario" means the flag approved by the Legislative Assembly of Ontario as a provincial symbol of Ontario. 3. SCOPE: This Policy applies to Community Flag Raisings held at Kitchener City Hall and at Speaker's Corner (Frederick and King Streets), and to the flying of flags at any municipal building, property, or facilities. The Policy applies to illuminations at the City Hall at 200 King Street West. 4. POLICY CONTENT: 4.1 Flag Protocols The following rules will be used by the Kitchener in respect to the flying of flags at any municipal building, property, or facility: 4.1.1 General Principles of Flag Raisings Page 229 of 334 POLICY APPLIES TO THE FOLLOWING: X 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 X Council ❑ Local Boards & Advisory Committees This Policy applies to Community Flag Raisings held at Kitchener City Hall and at Speaker's Corner (Frederick and King Streets), and to the flying of flags at any municipal building, property, or facilities. The Policy applies to illuminations at the City Hall at 200 King Street West. 4. POLICY CONTENT: 4.1 Flag Protocols The following rules will be used by the Kitchener in respect to the flying of flags at any municipal building, property, or facility: 4.1.1 General Principles of Flag Raisings Page 229 of 334 The following general principles will apply in respect to all aspects of this Policy, and be used when interpreting the Policy: a) The municipality will use flags to celebrate Kitchener's diversity and inclusivity, and honour those who have contributed to the life of the municipality; b) The City will not fly the flag of a group or organization whose undertakings or philosophy could prove detrimental or reflect negatively on the City's public image. In this regard, the City will not fly the flag of any group or organization that; i. Condones any form of personal discrimination, including that based upon race, national origin, religion, sex or age; ii. Appears in a realistic manner to exploit, condone or incite hatred or violence, or appear to condone, encourage or exhibit obvious indifference to unlawful behaviour; iii. Demeans, denigrates or disparages any identifiable person, group or person, organization, profession, product or service or attempt to bring them into any public contempt or ridicule, or; iv. Undermines human dignity, displays obvious indifference to or encourages, gratuitously and without merit, conduct or attitudes that offend the standards of public decency among a significant segment of the population; v. Disparages a City program, service, facility, event or employee. c) The flying of flags at any municipal facility will not be contrary to the principles of any other Kitchener policy or bylaw; and, d) The municipality will only fly flags that are approved or recognized by federal, provincial or municipal governments of Canada. 4.1.2 Civic Square Flag Display Only the national flag of Canada, the provincial flag of Ontario and the Kitchener flag shall be raised on the flagpoles located in the City Hall Civic Square. Notwithstanding the provisions of the clause above, the Mayor or the CAO may approve the raising of any of the following flags on the poles at City Hall Civic Square: The flag of a member of the Royal family, the Governor-General or the Lieutenant -Governor; ii. The flag of the United Nations; Page 230 of 334 iii. The flag of a state recognized by the Canadian Department of Foreign Affairs, Trade and Development, when an official representative is visiting the City or an official is representing a municipality officially linked to the City of Kitchener; iv. Canadian Armed Forces Flag (on Canadian Armed Forces Day only) 4.1.3 Community Flag Raising Displays Kitchener has designated two (2) Community Flag Poles to celebrate Kitchener's diversity and heritage. The first Community Flag Pole will be the original flagpole designated as a Community Flag Pole at the time of the opening of Kitchener City Hall (the front, left flagpole at the corner of the Duke Street Gardens) and the second Community Flagpole will be located in Speaker's Corner. A. Community Flag Raising Criteria The criteria for approving or denying a request to use the Community Flag Poles will be: The following types of flags are permitted to be flown on the Community Flag Poles: of a state recognized by the Canadian Department of Foreign Affairs, Trade and Development being flown in honour of national or independence days important to the residents of Kitchener; ii. of a registered charitable organization and/or registered not -for- profit organization in support of fundraising drives important to the residents of Kitchener; and, iii. of a registered charitable organization and/or registered not -for- profit organization to celebrate multicultural and civic organizations or events important to the residents of Kitchener or at the direction of the Mayor or the CAO. The following types of flags are not permitted to be flown on the Community Flag Poles: of Political Parties; ii. of Religious Groups; iii. in support of fund-raising drives that are political or religious in nature; and iv. that contravene any of the principles outlined in this policy or in any other City of Kitchener bylaw or policy. The Clerk will be responsible for providing advice, as necessary, on the applicability Page 231 of 334 of any of the above criteria to any application received for Community Flag Raisings. B. Applications for use of the Community Flagpoles All requests for use of the Community Flag Poles will be made in writing via a set application form. Approvals and use of the Community Flagpole(s) will be granted on a first come -first served basis. Applications for any given calendar year will be accepted until December 1St of the previous year, with a calendar prepared by the Clerk by December 31St of that previous year for the following year. Subsequent approvals will be considered on a first-come, first-served basis, subject to space availability. Applications during the calendar year are to be submitted at least three (3) weeks prior to the day requested for the raising of the flag. The Clerk will review all applications to determine consistency with this Policy, and will: approve the flag raising and note it on the next Council Agenda for information purposes, if the flag raising was previously approved by the Mayor and Chief Administrative Officer (CAO) within 5 years of the current request, and is consistent with this Policy; ii. make a recommendation to the Mayor and CAO to approve or deny the application prior to the date of the proposed flag raising, and if approved, note it on the next Council Agenda for information purposes, if the flag raising was not previously approved by the Mayor and CAO, or was approved by the Mayor and CAO more than 5 years before the current request; Decisions made by the Mayor and the CAO, or the City Clerk, in the implementation of this policy, shall be considered final. C. General Rules for the Community Flagpoles The general rules for the use of the Community Flagpoles are as follows: i. Flags will be flown for up to 1 week at a time, on one (1) of the two available community flag poles; ii. A community group will be permitted one (1) use of the community flag pole each calendar year; iii. When the community flag raising at any point in time is for the flag of another nation, the flag of that nation will fly on the Community Flag Pole at Kitchener City Hall. If more than one application is received to fly the flag of another nation, the Clerk will work with the applicants to facilitate a solution which allows for each of the group's respective celebrations. The Clerk's decision shall be final in this regard. iv. When the community flag raising is for the flag of a community organization, Page 232 of 334 the first organization to make application shall have first choice as to which Community Flag Pole they would like to use, and the second application will have use of the other Community Flag Pole. If there is already a national flag flying on the Community Flag Pole at Kitchener City Hall, then only the remaining flag pole at Speaker's Corner shall be available for any community flag requests; V. When more community flag -raising requests occur on the same day (or during the same period of time) than there is space for on Community Flag Poles, then the Clerk will work with affected groups to facilitate the community flag raising by: (1) moving a flag -raising to a different day; or (2) sharing the time period equally by affected groups; vi. Individuals, groups or associations requesting flag raisings are required to provide the flag to be raised. 4.1.4 Flag Protocol Kitchener's protocol for the flying of flags at all municipal facilities incorporated into this Policy as appendices. Appendix `A' are the protocols Kitchener will use in honouring contributions to the life of the municipality through the Flying a Flag at Half-mast. Appendix `B' are the protocols the municipality will use in determining how flags will usually be flown at any municipal facility. 4.211lumination Protocols The following rules will be used by the Kitchener in respect to the consideration of illumination requests to light Carl Zehr Square: a) The use of multi -colour capable LED lighting installations at the City Hall at 200 King Street West provides a unique opportunity to display the official colour associated with a charitable or non-profit organization or a City of Kitchener event, in order to create awareness of and/or celebrate and/or memorialize an organization or significant event; b) The municipality will use illuminations to celebrate Kitchener's diversity and inclusivity, and honour those who have contributed to the life of the municipality; c) The City will not facilitate illumination requests of a group or organization whose undertakings or philosophy could prove detrimental or reflect negatively on the City's public image. In this regard, the City will not facilitate illuminations of any group or organization that; Condones any form of personal discrimination, including that based upon race, national origin, religion, sex or age; Appears in a realistic manner to exploit, condone or incite hatred or violence, or appear to condone, encourage or exhibit obvious indifference to unlawful behaviour; Page 233 of 334 iii. Demeans, denigrates or disparages any identifiable person, group or person, organization, profession, product or service or attempt to bring them into any public contempt or ridicule, or; iv. Undermines human dignity, displays obvious indifference to or encourages, gratuitously and without merit, conduct or attitudes that offend the standards of public decency among a significant segment of the population; or V. Disparages a City program, service, facility, event or employee. 4.2.1 General Principles of Illuminations a) Organizations making an Illumination request must be charitable or non-profit organizations. b) Charitable or non-profit organizations making an Illumination request must be consistent with City of Kitchener's policies and/or by-laws. c) The City Hall Building at 200 King Street West shall not be illuminated for political, religious, or for-profit organizations or purposes. 4.3Special Requests - Illuminations a) A special request from an agency or organization located in Kitchener wishing to change the Illumination at 200 King Steet West will be reviewed and provided to the CAO and Mayor for approval. If approved, the special request will be noted on the Council Agenda under the Flag Raising/Illumination section for information only. b) A special request must be made three weeks prior to the requested date using the set application form. c) There will be no presentations or delegations at City Council with respect to Illumination. d) Illumination by special request will take place at City Hall at 200 King Street West for the duration that the request is granted, or for an appropriate period specified to mark the event. 5. ROLES AND RESPONSIBILITIES Council is responsible for approving and amending this Policy. The Clerk will be responsible for the interpretation of this Policy, as well as the development of procedures for the effective and efficient implementation of the Policy. The Mayor, Chief Administrative Officer and the Clerk shall have approval responsibilities as outlined in various sections of this policy. Page 234 of 334 6. HISTORY OF POLICY CHANGES Administrative Updates 2016-06-01 -1-442 policy template re -formatted to new numbering system and given number MUN-FAC-442. Formal Amendments 2014-06-30 - Repeal & Replace resolution passed by Council, see report FCS- 14-127. Page 235 of 334 Appendix "A" FLYING FLAGS AT HALF-MAST The City's protocol for Flying a Flag at Half-mast will be: A. Periods of Official Mourning Flags will be flown at half-mast at all City facilities to mark periods of official mourning upon the death of: i. The Sovereign; ii. A Member of the Canadian Royal Family; iii. The Governor General of Canada, or a former Governor General; iv. The Prime Minister of Canada, or a former Prime Minister; v. The Leader of Her Majesty's Loyal Opposition, Parliament of Canada; vi. The Lieutenant Governor of Ontario; vii. The Premier of Ontario; viii. The Leader of Her Majesty's Loyal Opposition, Legislative Assembly of Ontario; ix. A local Member of Parliament, or a local Member of the Legislative Assembly of Ontario; X. The Mayor or a former Mayor; xi. A Member of Council or a former Member of Council; xii. The Regional Chair or a former Regional Chair; xiii. A current employee of the City of Kitchener; xiv. A retired member of City staff having a minimum of 15 years of service; xv. A Waterloo Region Police Officer who dies in the line of duty; and xvi. A resident of Kitchener, who is a member of the Canadian Armed Forces, killed while deployed on operations. Flags will be flown at half-mast, in the case of a national or provincial official, for the duration established by the appropriate federal or provincial protocol offices. In the case of other persons, flags will be flown at half-mast on the date of the funeral or memorial service for that individual. The Clerk will be responsible for coordinating the Lowering of Flags at City facilities. Page 236 of 334 Policy No: MUN-FAC-442 Policy Title: COMMUNITY FLAG RAISINGS, FLAG PROTOCOL & ILLUMINATION OF CITY HALL Kitchener Fire & Emeraency Services Facilities The Kitchener Fire Department may mark a period of official mourning for other fire and emergency personnel who have died in the line of duty, or any other traditional commemorations of solemn occasions important to fire and emergency personnel. This applies to Kitchener Fire Stations only. B. Commemoration of Solemn Occasions Flags will be flown at half-mast annually, at all municipal facilities, to commemorate the following solemn occasions: Remembrance Day (November 11); and, Flags will be flown at half-mast annually, at the civic square flag display, to commemorate the following solemn occasions: ii. National Day of Mourning for Persons Killed or Injured in the Workplace (April 28) iii. Peacekeeper's Day (August 9); iv. National Firefighter Memorial Day (2nd Sunday in September); v. National Peace and Police Officer' Memorial Day (Last Sunday in September); vi. National Day of Remembrance and Action on Violence Against Women (December 6). C. Other Solemn Occasions The commemoration of other periods of official mourning and solemn occasions, in keeping with the General Principles of this Policy, may be approved by the Mayor or CAO. This can include the passing of a person considered to be a prominent citizen of the City of Kitchener or the Region of Waterloo or a person of national or international stature that has had a profound effect on the lives of the community or in response to a tragic or catastrophic event in the world. A notice of any approval issued by the Mayor or CAO will be placed on a future Council Agenda for informational purposes. Page 237 of 334 Policy No: MUN-FAC-442 Policy Title: COMMUNITY FLAG RAISINGS, FLAG PROTOCOL & ILLUMINATION OF CITY HALL Appendix 'B' CUSTOMARY FLAG CONFIGURATION The City's protocol for the usual configuration of flags at City of Kitchener facilities will be: A. Civic Square Flag Display The National Flag of Canada will be flown on the centre flagpole. To an observer facing the entrance to the Civic Centre, the Provincial Flag of Ontario will fly to the left of the Canadian flag and the Kitchener Flag will be flown to its right. Other flags will not be flown on any of these flagpoles, except in the circumstances noted under Section 2 - Civic Square Flag Display of this policy. B. Other City Facilities When the facility has only one (1) flagpole The National Flag of Canada will be flown at facilities with only one flagpole. Another flag will not be flown under the National Flag of Canada. Other flags will not be flown at these facilities, except in the circumstances noted in under the heading "Dignitary Visits." ii. When the facility has two (2) flaapoles confiaured to form a sinale display The National Flag of Canada and either the Provincial Flag of Ontario or the Flag of the City of Kitchener will be flown. The customary position of honour, the left flagpole to an observer facing the display, will be used to fly the National Flag of Canada. Other flags will not be flown on these flagpoles, except in the circumstances noted under the heading "Dignitary Visits." iii. When the facility has three (3) flagpoles confiaured to form a sinale display The National Flag of Canada, the Ontario Provincial Flag, and the Flag of the City of Kitchener will be flown. The National Flag of Canada will be flown on the centre flagpole which is the customary position of honour. To an observer facing the display, the Provincial Flag of Ontario will fly to the left of the National Flag of Canada, and the Flag of City of Kitchener will be flown to its right. Other flags will not be flown on these flagpoles, except in the circumstances noted under the heading "Dignitary Visits." C. Shared Government Facilities At Shared Government Facilities (e.g. Kitchener & Waterloo Region Joint Fire & EMS Stations) arrangement of flags at facilities shared by the City and another government will be decided by written agreement between the governments and in accordance with applicable protocol. Page 238 of 334 Policy No: MUN-FAC-442 Policy Title: COMMUNITY FLAG RAISINGS, FLAG PROTOCOL & ILLUMINATION OF CITY HALL The Clerk will be responsible for representing the City and confirming such arrangements. DIGNITARY VISITS In the event of a visit by a dignitary to a City of Kitchener facility, the City may fly a flag representing that dignitary. The flying of a flag to mark the dignitary's visit will be made only after consulting with an appropriate protocol officer responsible for coordinating the visit. Page 239 of 334 POLICY nn InaRER: 1_ SUBJECT: COMMUNITY FLAG RAISINGS, FLAG PROTOCOL & ILLUMINATION OF CITY HALL COMMUNITY PLAG RAISINGS & PPROTOCOL I POLICY Policy No: MUN-FAC-442 K ,'CHE ER Policy Title: COMMUNITY FLAG Approval Date: May 17, 2004 RAISINGS, & FLAG PROTOCOL & Reviewed Date: July 2016 ILLUMINATION OF CITY HALL Policy Type: COUNCIL Next Review Date. July 2021 Reviewed Date: Category: Municipal Services Last Amended: Sub -Category: Facility Replaces: 1-442, Community Flag Author: City Clerk Raisings & Flag Protocol Dept/Div: Finance & Corporate Services Department, Legislated Repealed: June 30, 2014 Services Replaced by: 1-442 Related Policies, Procedures and/or Guidelines: To be included at next review. POLICY PURPOSE: The Community Flag Raisings Flag Protocol & Illumination at City Hall Policy establishes a framework to govern requests for flag raisings and illumination of city facilities received from the community, and to establish a consistent protocol feFthe flying of flags lags at all M Ri^ipal 19 1ilrlinao, PFE)PeFties and faGilit+eSfor commemoration activities. 2. DEFINITIONS: a) "Clerk" means the Clerk appointed by the Kitchener Council, or their his/#e designate. b) "Chief Administrative Officer/CAO" means the Chief Administrative Officer appointed by the Kitchener Council, or 4+s,r#e��their}designate. y� \ " f1A i n r" means; the nrrvTa �cTv�+crn�: (' i+crtGt-Fe♦-�}e,qttl�tinMay n raj appreyerd by bylaw, in his/her absenne c) "City Hall" means the administrative office and public space including Carl Zehr Square. Page 240 of 334 POLICY N iMBER: i SUBJECT: COMMUNITY FLAG RAISINGS, FLAG PROTOCOL & ILLUMINATION OF CITY HALL COMMUNITY PLAG RAISINGS & Pi or` PROTOCOL b4d' "Civic Square Flag Display" means the large flag poles in Civic Square which fly the national flag of Canada, the provincial flag of Ontario and the City of Kitchener flag. )e "Community Flag Pole" means the flagpoles designated at the Kitchener City Hall Duke St. Gardens and at Speaker's Corner for Community Flag Raisings. 4}f)_ "Flying a Flag at Half-mast" means the action of flying all flags, forming a single display of flags, at a position that is equal distance from the top and bottom of a flagpole, to mark periods of mourning or to commemorate solemn occasions. g) "Illumination" means the use of illumination through different colour lights at City Hall facing outwards toward Carl Zehr Square. c&hL "Kitchener Flag" means the flag adopted by Kitchener Council as a symbol of the municipality. The Kitchener Flag may be granted, registered, approved or confirmed by the Canadian Heraldic Authority. i) "Mayor" means the elected Mayor of the City of Kitchener, or the Acting Mayor, as approved by by-law, in their absence. f)iL "National Flag of Canada" means the flag approved by the Parliament of Canada as a national symbol of Canada. g3K "Provincial Flag of Ontario" means the flag approved by the Legislative Assembly of Ontario as a provincial symbol of Ontario. 3. SCOPE: This Policy applies to Community Flag Raisings held at Kitchener City Hall and at Speaker's Corner Frederick and King Streets), and to the flying of flags at any municipal building, property, or facilities. The Policy applies to illuminations at the City Hall at 200 King Street West. 4. POLICY CONTENT: Page 241 of 334 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 ❑ Council ❑ Local Boards & Advisory Committees This Policy applies to Community Flag Raisings held at Kitchener City Hall and at Speaker's Corner Frederick and King Streets), and to the flying of flags at any municipal building, property, or facilities. The Policy applies to illuminations at the City Hall at 200 King Street West. 4. POLICY CONTENT: Page 241 of 334 POLICY nn (VIBE : i SUBJECT: COMMUNITY FLAG RAISINGS, FLAG PROTOCOL & ILLUMINATION OF CITY HALL COMMUNITY PLAG RAISINGS & F= or` PROTOCOL 4.1 Flag Protocols The following rules will be used by the Kitchener in respect to the flying of flags at any municipal building, property, or facility: 4.1.1 General Principles of t#e-R91+GyFlag Raisings The following general principles will apply in respect to all aspects of this Policy, and be used when interpreting the Policy: a) The municipality will use flags to celebrate Kitchener's diversity and inclusivity, and honour those who have contributed to the life of the municipality; b) The City will not fly the flag of a group or organization whose undertakings or philosophy could prove detrimental or reflect negatively on the City's public image. In this regard, the City will not fly the flag of any group or organization that; i. Condones any form of personal discrimination, including that based upon race, national origin, religion, sex or age; ii. Appears in a realistic manner to exploit, condone or incite hatred or violence, or appear to condone, encourage or exhibit obvious indifference to unlawful behaviour; iii. Demeans, denigrates or disparages any identifiable person, group or person, organization, profession, product or service or attempt to bring them into any public contempt or ridicule, or; iv. Undermines human dignity, displays obvious indifference to or encourages, gratuitously and without merit, conduct or attitudes that offend the standards of public decency among a significant segment of the population; v. Disparages a City program, service, facility, event or employee. c) The flying of flags at any municipal facility will not be contrary to the principles of any other Kitchener policy or bylaw; and, d) The municipality will only fly flags that are approved or recognized by federal, provincial or municipal governments of Canada. 4.1.2 Civic Square Flag DisplayGIVIC SQUARE FLAG nidi --AY Only the national flag of Canada, the provincial flag of Ontario and the Kitchener flag shall be raised on the flagpoles located in the City Hall Civic Square. Notwithstanding the provisions of the clause above, the Mayor or the CAO may approve the raising of any of the following flags on the poles at City Hall Civic Square: Page 242 of 334 POLICY N --BER: 1 SUBJECT: COMMUNITY FLAG RAISINGS, FLAG PROTOCOL & ILLUMINATION OF CITY HALL COMMUNITY F=i oG RAISINGS & F= or` PROTOCOL The flag of a member of the Royal family, the Governor-General or the Lieutenant -Governor; ii. The flag of the United Nations; iii. The flag of a state recognized by the Canadian Department of Foreign Affairs, Trade and Development, when an official representative is visiting the City or an official is representing a municipality officially linked to the City of Kitchener; iv. Canadian Armed Forces Flag (on Canadian Armed Forces Day only) 4.1.3 Community Flag Raising DisplaysCOMM UNITY FLAG RAISING DIISPLAYS Kitchener has designated two (2) Community Flag Poles to celebrate Kitchener's diversity and heritage. The first Community Flag Pole will be the original flagpole designated as a Community Flag Pole at the time of the opening of Kitchener City Hall (the front, left flagpole at the corner of the Duke Street Gardens) and the second Community Flagpole will be located in Speaker's Corner. A. Community Flag Raising Criteria The criteria for approving or denying a request to use the Community Flag Poles will be: The following types of flags are permitted to be flown on the Community Flag Poles: of a state recognized by the Canadian Department of Foreign Affairs, Trade and Development being flown in honour of national or independence days important to the residents of Kitchener; ii. of a registered charitable organization and/or registered not -for- profit organization in support of fundraising drives important to the residents of Kitchener; and, iii. of a registered charitable organization and/or registered not -for- profit organization to celebrate multicultural and civic organizations or events important to the residents of Kitchener or at the direction of the Mayor or the r.An The following types of flags are not permitted to be flown on the Community Flag Poles: of Political Parties; ii. of Religious Groups; iii. in support of fund-raising drives that are political or religious in nature; Page 243 of 334 POLICY N --BER: 1 SUBJECT: COMMUNITY FLAG RAISINGS, FLAG PROTOCOL & ILLUMINATION OF CITY HALL COMMUNITY F=i oG RAISINGS & F= or` PROTOCOL and iv. that contravene any of the principles outlined in this policy or in any other City of Kitchener bylaw or policy. The Clerk will be responsible for providing advice, as necessary, on the applicability of any of the above criteria to any application received for Community Flag Raisings. B. Applications for use of the Community Flagpoles All requests for use of the Community Flag Poles will be made in writing via a set application form. Approvals and use of the Community Flagpole(s) will be granted on a first come -first served basis. Applications for any given calendar year will be accepted until December 1 st of the previous year, with a calendar prepared by the Clerk by December 31St of that previous year for the following year. Subsequent approvals will be considered on a first-come, first-served basis, subject to space availability. Applications during the calendar year are to be submitted at least three (3) weeks prior to the day requested for the raising of the flag. The Clerk will review all applications to determine consistency with this Policy, and will: approve the flag raising and note it on the next Council Agenda for information purposes, if the flag raising was previously approved by the Mayor and Chief Administrative Officer (CAO) within 5 years of the current request, and is consistent with this Policy; ii. make a recommendation to the Mayor and CAO to approve or deny the application prior to the date of the proposed flag raising, and if approved, note it on the next Council Agenda for information purposes, if the flag raising was not previously approved by the Mayor and CAO, or was approved by the Mayor and CAO more than 5 years before the current request; Decisions made by the Mayor and the CAO, or the City Clerk, in the implementation of this policy, shall be considered final. C. General Rules for the Community Flagpoles The general rules for the use of the Community Flagpoles are as follows: i. Flags will be flown for up to 1 week at a time, on one (1) of the two available community flag poles; ii. A community group will be permitted one (1) use of the community flag pole each calendar year; iii. When the community flag raising at any point in time is for the flag of another nation, the flag of that nation will fly on the Community Flag Pole Page 244 of 334 POLICY N iMBER: i SUBJECT: COMMUNITY FLAG RAISINGS, FLAG PROTOCOL & ILLUMINATION OF CITY HALL GOMMUNITY PLAG RAISINGS & Pi or` PROTOCOL at Kitchener City Hall. If more than one application is received to fly the flag of another nation, the Clerk will work with the applicants to facilitate a solution which allows for each of the group's respective celebrations. The Clerk's decision shall be final in this regard. iv. When the community flag raising is for the flag of a community organization, the first organization to make application shall have first choice as to which Community Flag Pole they would like to use, and the second application will have use of the other Community Flag Pole. If there is already a national flag flying on the Community Flag Pole at Kitchener City Hall, then only the remaining flag pole at Speaker's Corner shall be available for any community flag requests; V. When more community flag -raising requests occur on the same day (or during the same period of time) than there is space for on Community Flag Poles, then the Clerk will work with affected groups to facilitate the community flag raising by: (1) moving a flag -raising to a different day; or (2) sharing the time period equally by affected groups; vi. Individuals, groups or associations requesting flag raisings are required to provide the flag to be raised. 4.1.4 Flag Protocol Kitchener's protocol for the flying of flags at all municipal facilities incorporated into this Policy as appendices. Appendix `A' are the protocols Kitchener will use in honouring contributions to the life of the municipality through the Flying a Flag at Half-mast. Appendix `B' are the protocols the municipality will use in determining how flags will usually be flown at any municipal facility. 4.211lumination Protocols The following rules will be used by the Kitchener in respect to the consideration of illumination requests to light Carl Zehr Square: a) The use of multi -colour capable LED lighting installations at the City Hall at 200 King Street West provides a unique opportunity to display the official colour associated with a charitable or non-profit organization or a City of Kitchener event, in order to create awareness of and/or celebrate and/or memorialize an organization or significant event; b) The municipality will use illuminations to celebrate Kitchener's diversity and inclusivity, and honour those who have contributed to the life of the municipality; c) The City will not facilitate illumination requests of a group or organization whose undertakings or philosophy could prove detrimental or reflect negatively on the City's public image. In this regard, the City will not facilitate illuminations of any group or organization that; i. Condones any form of personal discrimination, including that based upon race, national origin, religion, sex or aqe; Page 245 of 334 POLICY N iMBER: i SUBJECT: COMMUNITY FLAG RAISINGS, FLAG PROTOCOL & ILLUMINATION OF CITY HALL GOMMUNITY F=i oG RAISINGS & F= or` PROTOCOL ii. Appears in a realistic manner to exploit, condone or incite hatred or violence. or appear to condone. encouraae or exhibit obvious indifference to unlawful behaviour; iii. Demeans, denigrates or disparages any identifiable person, group or person, organization, profession, product or service or attempt to bring them into any public contempt or ridicule, or; iv. Undermines human dignity, displays obvious indifference to or encourages, gratuitously and without merit, conduct or attitudes that offend the standards of public decency among a significant segment of the population; or V. Disparages a City program, service, facility, event or employee. 4.2.1 General Principles of Illuminations a) Organizations making an Illumination request must be charitable or non-profit organizations. b) Charitable or non-profit organizations making an Illumination request must be consistent with Citv of Kitchener's policies and/or by-laws. c) The City Hall Building at 200 King Street West shall not be illuminated for political, religious, or for-profit organizations or purposes. 4.3Special Requests - Illuminations a) A special reauest from an aaencv or oraanization located in Kitchener wishina to change the Illumination at 200 King Steet West will be reviewed and provided to the CAO and Mayor for approval. If approved, the special request will be noted on the Council Agenda under the Flag Raising/Illumination section for information only. b) A special request must be made three weeks prior to the requested date using the set application form. c) There will be no presentations or delegations at City Council with respect to Illumination. d) Illumination by special request will take place at City Hall at 200 King Street West for the duration that the reauest is aranted. or for an appropriate period specified to mark the event ROLES AND RES PONSIBILITIESR-^'ec -nd- Responsibilities Council is responsible for approving and amending this Policy. The Clerk will be responsible for the interpretation of this Policy, as well as the Page 246 of 334 POLICY N iMBER: i SUBJECT: COMMUNITY FLAG RAISINGS, FLAG PROTOCOL & ILLUMINATION OF CITY HALL GOMMUNITY F=i oG RAISINGS & F= or` PROTOCOL development of procedures for the effective and efficient implementation of the Policy. The Mayor, Chief Administrative Officer and the Clerk shall have approval responsibilities as outlined in various sections of this policy. 6. HISTORY OF POLICY CHANGES Administrative Updates 2016-06-01 -1-442 policy template re -formatted to new numbering system and given number MUN-FAC-442. Formal Amendments 2014-06-30 - Repeal & Replace resolution passed by Council, see report FCS- 14-127. Page 247 of 334 POLICY N iMBER: i SUBJECT: COMMUNITY FLAG RAISINGS, FLAG PROTOCOL & ILLUMINATION OF CITY HALL COMMUNITY PLAG RAISINGS & Pi or` PROTOCOL Appendix "A" FLYING FLAGS AT HALF-MAST The City's protocol for Flying a Flag at Half-mast will be: A. Periods of Official Mourning Flags will be flown at half-mast at all City facilities to mark periods of official mourning upon the death of: The Sovereign; ii. A Member of the Canadian Royal Family; iii. The Governor General of Canada, or a former Governor General; iv. The Prime Minister of Canada, or a former Prime Minister; v. The Leader of Her Majesty's Loyal Opposition, Parliament of Canada; vi. The Lieutenant Governor of Ontario; vii. The Premier of Ontario; viii. The Leader of Her Majesty's Loyal Opposition, Legislative Assembly of Ontario; ix. A local Member of Parliament, or a local Member of the Legislative Assembly of Ontario; X. The Mayor or a former Mayor; xi. A Member of Council or a former Member of Council; xii. The Regional Chair or a former Regional Chair; xiii. A current employee of the City of Kitchener; xiv. A retired member of City staff having a minimum of 15 years of service; xv. A Waterloo Region Police Officer who dies in the line of duty; and xvi. A resident of Kitchener, who is a member of the Canadian Armed Forces, killed while deployed on operations. Flags will be flown at half-mast, in the case of a national or provincial official, for the duration established by the appropriate federal or provincial protocol offices. In the case of other persons, flags will be flown at half-mast on the date of the funeral or memorial service for that individual. The Clerk will be responsible for coordinating the Lowering of Flags at City facilities. Page 248 of 334 Policy No: MUN-FAC-442 Policy Title: COMMUNITY FLAG RAISINGS, FLAG PROTOCOL & ILLUMINATION OF CITY HALL COMMUNITY PLAG RAISINGS & FLAG PROTOrni Kitchener Fire & Emeraency Services Facilities The Kitchener Fire Department may mark a period of official mourning for other fire and emergency personnel who have died in the line of duty, or any other traditional commemorations of solemn occasions important to fire and emergency personnel. This applies to Kitchener Fire Stations only. B. Commemoration of Solemn Occasions Flags will be flown at half-mast annually, at all municipal facilities, to commemorate the following solemn occasions: Remembrance Day (November 11); and, Flags will be flown at half-mast annually, at the civic square flag display, to commemorate the following solemn occasions: ii. National Day of Mourning for Persons Killed or Injured in the Workplace (April 28) iii. Peacekeeper's Day (August 9); iv. National Firefighter Memorial Day (2nd Sunday in September); v. National Peace and Police Officer' Memorial Day (Last Sunday in September); vi. National Day of Remembrance and Action on Violence Against Women (December 6). C. Other Solemn Occasions The commemoration of other periods of official mourning and solemn occasions, in keeping with the General Principles of this Policy, may be approved by the Mayor or CAO. This can include the passing of a person considered to be a prominent citizen of the City of Kitchener or the Region of Waterloo or a person of national or international stature that has had a profound effect on the lives of the community or in response to a tragic or catastrophic event in the world. A notice of any approval issued by the Mayor or CAO will be placed on a future Council Agenda for informational purposes. 16 of Page 249 of 334 Policy No: MUN-FAC-442 Policy Title: COMMUNITY FLAG RAISINGS, FLAG PROTOCOL & ILLUMINATION OF CITY HALL COMMUNITY F=LAG RAISINGS & FLAG PROTOrni Appendix 'B' CUSTOMARY FLAG CONFIGURATION The City's protocol for the usual configuration of flags at City of Kitchener facilities will be: A. Civic Square Flag Display The National Flag of Canada will be flown on the centre flagpole. To an observer facing the entrance to the Civic Centre, the Provincial Flag of Ontario will fly to the left of the Canadian flag and the Kitchener Flag will be flown to its right. Other flags will not be flown on any of these flagpoles, except in the circumstances noted under Section 2 - Civic Square Flag Display of this policy. B. Other City Facilities When the facility has only one (1) flagpole The National Flag of Canada will be flown at facilities with only one flagpole. Another flag will not be flown under the National Flag of Canada. Other flags will not be flown at these facilities, except in the circumstances noted in under the heading "Dignitary Visits." ii. When the facility has two (2) flaapoles confiaured to form a sinale display The National Flag of Canada and either the Provincial Flag of Ontario or the Flag of the City of Kitchener will be flown. The customary position of honour, the left flagpole to an observer facing the display, will be used to fly the National Flag of Canada. Other flags will not be flown on these flagpoles, except in the circumstances noted under the heading "Dignitary Visits." iii. When the facility has three (3) flagpoles confiaured to form a sinale display The National Flag of Canada, the Ontario Provincial Flag, and the Flag of the City of Kitchener will be flown. The National Flag of Canada will be flown on the centre flagpole which is the customary position of honour. To an observer facing the display, the Provincial Flag of Ontario will fly to the left of the National Flag of Canada, and the Flag of City of Kitchener will be flown to its right. Other flags will not be flown on these flagpoles, except in the circumstances noted under the heading "Dignitary Visits." C. Shared Government Facilities At Shared Government Facilities (e.g. Kitchener & Waterloo Region Joint Fire & EMS Stations) arrangement of flags at facilities shared by the City and another government will be decided by written agreement between the governments and in accordance with applicable protocol. 17 of Page 250 of 334 Policy No: MUN-FAC-442 Policy Title: COMMUNITY FLAG RAISINGS, FLAG PROTOCOL & ILLUMINATION OF CITY HALL GOMMi iNITY FLAG RAISINGS & FLAG PROTOGOI The Clerk will be responsible for representing the City and confirming such arrangements. DIGNITARY VISITS In the event of a visit by a dignitary to a City of Kitchener facility, the City may fly a flag representing that dignitary. The flying of a flag to mark the dignitary's visit will be made only after consulting with an appropriate protocol officer responsible for coordinating the visit. 18 of Page 251 of 334 J I.", R POLICY Policy No: MUN-FAC-495 Policy Title: BEHAVIOUR — Approval Date: March 23, 2009 UNACCEPTABLE CONDUCT ON CITY Next Review Date: _IicK nere to enter text. PREMISES AND Reviewed Date: Click here to enter text. AUTHORITY TO ISSUE TRESPASS NOTICES Amended: Click here to enter a date. Policy Type: COUNCIL Replaces: I — 345; I - 495 Category: Municipal Services Repealed: Click here to enter a date. Sub -Category: Authority & Delegations of Replaced by., Click here to enter text. Staff Author: Director, Facilities Management Dept/Div: INS Facilities Management Related Policies, Procedures and/or Guidelines: HUM -WOR -140; HUM -WOR -250 POLICY PURPOSE: This is a policy respecting: (a) expectations of appropriate behaviour and activities on City Premises and when accessing City services (including by phone or email). (b) defining inappropriate behaviour at City Premises and when accessing City services (including by phone or email); (c) the authority of employees of the City to protect City Premises and the rights of employees and others to use and enjoy City Premises; and (d) remedies available to employees of the City in addressing inappropriate behaviour at City Premises including the right to issue Trespass Notices. Page 1 of 7 Page 252 of 334 Policy No: MUN-FAC-495 Policy Title: Behaviour — Unacceptable Conduct on City Premises And Authority To Issue Trespass Notices The City endeavours to allow all people to enjoy public City Premises for their intended purposes. Each visitor to City Premises is expected to behave and act in a manner that respects the rights of others to use and enjoy City Premises for their intended purposes. It is the goal of the City to encourage appropriate behaviour at all City Premises and to provide residents with opportunities to participate in recreational, leisure, and civic activities in a safe and positive atmosphere. Renters and users of City Premises must take primary responsibility for the behavior and actions of all persons associated with their program or event. 2. DEFINITIONS: In this policy: "City" shall mean The Corporation of the City of Kitchener; "City Premises" shall mean Premises for which the City is an Occupier; "City Security Staff' shall mean any City staff that report to the Supervisor, Corporate Security; "City Security Management" shall mean the City's Director of Facilities Management and the City's Supervisor and Manager of Corporate Security; "Communication" shall include but not limited to any words spoken, written, or recorded electronically or electro -magnetically or otherwise as well as gestures, signs or other visible representations; "Hearing Officer" shall mean any person appointed by the City from time to time pursuant to the Screening and Hearing Officer By-law, to perform the functions of a hearing officer; "highway" shall have the meaning given to that term by the Municipal Act, 2001, S.O. 2001, c. 25; "Occupier" shall have the meaning given to that term by the TPA; "Police" shall have the meaning of Waterloo Regional Police Services, and Ontario Provincial Police (OPP) and Royal Canadian Mounted Police (RCMP); "Premises" shall have the meaning given to that term by the TPA; Page 2 of 7 Page 253 of 334 Policy No: MUN-FAC-495 Policy Title: Behaviour — Unacceptable Conduct on City Premises And Authority To Issue Trespass Notices "TPA" shall mean the Trespass to Property Act, R.S.O., 1990, c. T.21.; "Waterloo Regional Police Services (WRPS)" shall have the meeting of the agency responsible for police services in the region. 3. SCOPE: 4. POLICY CONTENT: 4.1 The City is committed to providing and maintaining an environment that is based on respect for the dignity and the rights of everyone in a healthy and safe work environment, free of any forms of bullying, uncivil or disrespectful behaviour, and from discrimination, harassment, including sexual harassment and violence. In keeping with the principles of a respectful environment at City premises the following behaviours or activities are deemed to be prohibited behaviours or activities. 4.2 Prohibited Activities (a) Behaviours and activities including without limitation: i) creating a disturbance or a nuisance; ii) harassing communication— including but not limited to, that based on race, ethnic origin, gender identity or sexual orientation and other protected grounds under the Ontario Human Rights Code iii) using profanity, obscene or abusive communication, racial or ethnic slurs, directed at or disturbing others; Page 3 of 7 Page 254 of 334 POLICY APPLIES TO THE FOLLOWING: ❑x 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: ❑ Council ❑ Local Boards & Advisory Committees 4. POLICY CONTENT: 4.1 The City is committed to providing and maintaining an environment that is based on respect for the dignity and the rights of everyone in a healthy and safe work environment, free of any forms of bullying, uncivil or disrespectful behaviour, and from discrimination, harassment, including sexual harassment and violence. In keeping with the principles of a respectful environment at City premises the following behaviours or activities are deemed to be prohibited behaviours or activities. 4.2 Prohibited Activities (a) Behaviours and activities including without limitation: i) creating a disturbance or a nuisance; ii) harassing communication— including but not limited to, that based on race, ethnic origin, gender identity or sexual orientation and other protected grounds under the Ontario Human Rights Code iii) using profanity, obscene or abusive communication, racial or ethnic slurs, directed at or disturbing others; Page 3 of 7 Page 254 of 334 Policy No: MUN-FAC-495 Policy Title: Behaviour — Unacceptable Conduct on City Premises And Authority To Issue Trespass Notices iv) vandalizing property; v) fighting, molesting, intimidating or threatening others; vi) disrupting a program or event; vii) engaging in horseplay or causing unsafe conditions; viii) wearing attire or displaying material that is intolerant of human rights; ix) in-line skating, skateboarding, scootering, or bicycling, except where permitted; X) littering; xi) blocking corridors, thoroughfares, stairways, or exits; xii) spitting or causing unsanitary conditions; xiii) urinating or defecating other than in appropriate areas of bathrooms; xiv) preventing others from lawful use and enjoyment of property; xv) unreasonably monopolizing space or facilities to the exclusion of others; xvi) using City Premises for other than the intended purpose; xvii) drinking alcohol in areas where not permitted; xviii) smoking or vaping including without limitation the smoking of e -cigarettes in areas not permitted including inside of or within 9 metres of the entrance to any building under the jurisdiction of the City; xix) behaviour contrary to rules, regulations, or prohibitions posted on property of the City; xx) behaviour and activities that would obstruct or hinder the rights of others to use and enjoy City Premises xxi) unscheduled gatherings or events which may interfere with regular or scheduled events or bookings in accordance with MUN-FAC-2030 City Facility Usage by Groups or Events (b) behaviour contrary to the Criminal Code, R.S.C. 1985, c. C-46, other federal statutes, provincial statutes, municipal by-laws, or municipal policies; (c) the use of any cell phone, camera, personal digital assistant (PDA), or electronic equipment with photographic abilities in change rooms or washrooms of City Premises; and (d) other behaviour as may be prohibited from time to time by resolution of City Council. 4.3 Employee Enforcement Options All City employees including but not limited to City Security Staff are authorized to take the following enforcement actions at any City Premises if inappropriate behaviour or activity ("prohibited behaviour") is observed or reported: (a) make or receive reports on prohibited behaviour; Page 4 of 7 Page 255 of 334 Policy No: MUN-FAC-495 Policy Title: Behaviour — Unacceptable Conduct on City Premises And Authority To Issue Trespass Notices (b) assess situations; (c) make verbal requests to refrain from a prohibited behaviour; (d) give verbal warnings to refrain from a prohibited behaviour; (e) when prohibited behaviour is included in a written communication, make written requests and/or give written warnings to refrain from prohibited behaviour; (f) give verbal directions to leave City Premises other than the travelled portion of a highway for the remainder of an event or the remainder of a day, citing the prohibited behaviour as the reason; (g) upon refusal of person to follow a verbal direction, disengage from communication, or at any time where there is a safety concern, to call City security staff or police and request assistance; (h) prepare reports of any incident requiring enforcement actions including the prohibited behaviour, action taken, and, if known, the identification of the offender including name, phone number, and address; and (i) recommend to the appropriate supervisor or manager (if that position is filled by someone other than the employee) that the individual who engaged in prohibited behaviour be prohibited from returning to a program or certain City Premises for a period of time. 4.4 Enforcement Options for City Security Staff City Security Staff and City Security Management are authorized to take all lawful enforcement options necessary to perform their duties, including: (a) verbally directing a person to leave City Premises for a period not exceeding 72 hours from the time of eviction, citing the prohibited behaviour as the reason; (b) issuing a written Trespass Notice as authorized in section 4.5; (c) issuing a Provincial Offence Notice where applicable and as authorized to do SO" (d) to request assistance from police at any time; and (e) lawfully arresting, handcuffing, searching, and holding an offender until the police take the person into custody. Page 5 of 7 Page 256 of 334 Policy No: MUN-FAC-495 Policy Title: Behaviour — Unacceptable Conduct on City Premises And Authority To Issue Trespass Notices 4.5 Issuance of Trespass Notice The City of Kitchener may issue a Trespass Notice to persons, or group of persons, after continued breaching of the prohibited behaviours/criminal offence in Section 4.2 that put the safety of individuals and/or activities on City Premises in jeopardy, including but not limited to; threatening or preventing others from lawful and safe use of City Premises. In the event of a significant or serious incident the City may elect to provide a Trespass Notice immediately. A trespass notice may be served in person; or by registered or regular mail or courier or hand delivery addressed to the recipient's last known address.; or by e-mail to the recipient's last known e-mail address. 4.6 Appeal Process Any individual receiving a written Trespass Notice in excess of 72 hours may appeal the Trespass Notice by giving written notice of the appeal to the Clerk within 14 days of receiving the Notice. The Clerk shall ensure the Appeal is filed within the prescribed timeframe, and if so, forward the Appeal notice to the City's Hearing Officer appointed in accordance with the Recruitment and Selection of Screening and Hearing Officers Policy (GOV-COU- 2017). The Appeal shall be heard by a Hearing Officer with delegated authority by Council, whose decision shall be final and binding and no further appeal in respect of such decision shall be available in accordance with By-law No. 2019-040 - Appointment of Screening & Hearing Officers. The Hearing Officer shall provide notice of date, time and manner of the hearing of the appeal no fewer than seven days prior to the hearing to the person who received the Trespass Notice and to the senior staff person who gave the Trespass Notice under appeal. On an appeal pursuant to subsection (1), subject to subsection (5), an Appeal Officer may: (a) revoke the Trespass Notice; (b) shorten the term of the Trespass Notice; (c) remove prohibited locations from the Trespass Notice; or (d) affirm the Trespass Notice. Page 6 of 7 Page 257 of 334 Policy No: MUN-FAC-495 Policy Title: Behaviour — Unacceptable Conduct on City Premises And Authority To Issue Trespass Notices A Trespass Notice is in effect other than during the the period while the hearing is taking place and only to the extent that the Trespass Notice prevents a person from entering or remaining in a meeting room provided the person complies with the following conditions: (a) the person notifies the City Clerk of their intention to attend the meeting no later than 24 hours prior to the scheduled start of the meeting; (b) the person enters the meeting room no earlier than 15 minutes prior to the scheduled start of the meeting; (c) the person remains in the meeting room no longer than 15 minutes after the meeting is adjourned; and (d) the person complies with any directions given at the meeting respecting conduct at the meeting. If a person who appeals a Trespass Notice fails to participate in or attend the hearing of the appeal as notified, the Trespass Notice is deemed to be affirmed. 4.7 Police as Agents Any officer of the Waterloo Regional Police Services, the Ontario Provincial Police, or the Royal Canadian Mounted Police is authorized to act as agent for the City in enforcing the TPA and this policy at City Premises. Additionally, any officer of the Waterloo Regional Police Services, the Ontario Provincial Police, or the Royal Canadian Mounted Police may act as agent for the City in enforcing the TPA and this policy at City. 4.8 Signage Signage may be erected in relation to this Policy. Any reference to former Council Policy Number 1-345 or 1-495 or to a previous version of this Council Policy on signage shall be deemed to be a reference to this Policy as amended. 5. HISTORY OF POLICY CHANGES Administrative Updates No administrative history to date Formal Amendments No amendment history to date Page 7 of 7 Page 258 of 334 J I.", R POLICY Policy No: MUN-FAC-495 Policy Title: BEHAVIOUR — Approval Date: March 23, 2009 UNACCEPTABLE CONDUCT ON CITY Next Review Date: _IicK nere to enter text. PREMISES AND Reviewed Date: Click here to enter text. AUTHORITY TO ISSUE TRESPASS NOTICES Amended: Click here to enter a date. Policy Type: °n5.41WISTR TIVECOUNCIL Replaces: I — 345; 1 - 495 Category: AAM +;^^ ;n,�+r^Municipal Services Repealed: Click here to enter a date. Replaced by: Click here to enter text. Sub -Category: Authority &Delegations of Staff Author: Director Facilities Management Dept/Div: INS Facilities Management Related Policies, Procedures and/or Guidelines: x 445; HUM -WOR -140; HUM -WOR -250 POLICY PURPOSE: This is a policy respecting: (a) expectations of appropriate behaviour and activities on City Premises and when accessing City services (including by phone or email). (b) defining inappropriate behaviour at City Premises and when accessing City services (including by phone or email); (c) the authority of employees of the City to protect City Premises and the rights of employees and others to use and enjoy City Premises; and (d) remedies available to employees of the City in addressing inappropriate behaviour at City Premises including the right to issue Trespass Notices. Page 1 of 8 Page 259 of 334 Policy No: MUN-FAC-495 Policy Title: Behaviour — Unacceptable Conduct on City Premises And Authority To Issue Trespass Notices The City endeavours to allow all people to enjoy public City Premises for their intended purposes. Each visitor to City Premises is expected to behave and act in a manner that respects the rights of others to use and enjoy City Premises for their intended purposes. It is the goal of the City to encourage appropriate behaviour at all City Premises and to provide residents with opportunities to participate in recreational, leisure, and civic activities in a safe and positive atmosphere. Renters and users of City Premises must take primary responsibility for the behavior and actions of all persons associated with their program or event. 2. DEFINITIONS: In this policy: "City" shall mean The Corporation of the City of Kitchener; "City Premises" shall mean Premises for which the City is an Occupier; "City Security Staff' shall mean any City staff that report to the Supervisor, Corporate Security; "City Security Management" shall mean the City's Director of Facilities Management and the City's Supervisor and Manager of Corporate Security; 'Communication" shall include but not limited to any words spoken, written, or recorded electronically or electro -magnetically or otherwise as well as gestures, signs or other visible representations; "Hearing Officer" shall mean any person appointed by the City from time to time pursuant to the Screening and Hearing Officer By-law, to perform the functions of a hearing officer; "highway" shall have the meaning given to that term by the Municipal Act, 2001, S.O. 2001, c. 25; "Occupier" shall have the meaning given to that term by the TPA; "Police" shall have the meaning of Waterloo Regional Police Services, and Ontario Provincial Police (OPP) and Royal Canadian Mounted Police (RCMP); "Premises" shall have the meaning given to that term by the TPA; Page 2 of 8 Page 260 of 334 Policy No: MUN-FAC-495 Policy Title: Behaviour — Unacceptable Conduct on City Premises And Authority To Issue Trespass Notices "TPA" shall mean the Trespass to Property Act, R.S.O., 1990, c. T.21.; "Waterloo Regional Police Services (WRPS)" shall have the meeting of the agency responsible for police services in the region. 3. SCOPE: 4. POLICY CONTENT: 4.1 The City is committed to providing and maintaining an environment that is based on respect for the dignity and the rights of everyone in a healthy and safe work environment, free of any forms of bullying, uncivil or disrespectful behaviour, and from discrimination, harassment, including sexual harassment and violence. In keeping with the principles of a respectful environment at City premises the following behaviours or activities are deemed to be prohibited behaviours or activities. 4-44.2 Prohibited Activities (a) Behaviours and activities including without limitation: i) creating a disturbance or a nuisance; ii) harassing communication— including but not limited to, that based on race, ethnic origin, gender identity or sexual orientation and other protected grounds under the Ontario Human Rights Code Page 3 of 8 Page 261 of 334 POLICY APPLIES TO THE FOLLOWING: ❑x 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: ❑ Council ❑ Local Boards & Advisory Committees 4. POLICY CONTENT: 4.1 The City is committed to providing and maintaining an environment that is based on respect for the dignity and the rights of everyone in a healthy and safe work environment, free of any forms of bullying, uncivil or disrespectful behaviour, and from discrimination, harassment, including sexual harassment and violence. In keeping with the principles of a respectful environment at City premises the following behaviours or activities are deemed to be prohibited behaviours or activities. 4-44.2 Prohibited Activities (a) Behaviours and activities including without limitation: i) creating a disturbance or a nuisance; ii) harassing communication— including but not limited to, that based on race, ethnic origin, gender identity or sexual orientation and other protected grounds under the Ontario Human Rights Code Page 3 of 8 Page 261 of 334 Policy No: MUN-FAC-495 Policy Title: Behaviour — Unacceptable Conduct on City Premises And Authority To Issue Trespass Notices iii) using profanity, obscene or abusive communication, racial or ethnic slurs, directed at or disturbing others; iv) vandalizing property; v) fighting, molesting, intimidating or threatening others; vi) disrupting a program or event; vii) engaging in horseplay or causing unsafe conditions; viii) wearing attire or displaying material that is intolerant of human rights; ix) in-line skating, skateboarding, scootering, or bicycling, except where permitted; X) littering; xi) blocking corridors, thoroughfares, stairways, or exits; xii) spitting or causing unsanitary conditions; xiii) urinating or defecating other than in appropriate areas of bathrooms; xiv) preventing others from lawful use and enjoyment of property; xv) unreasonably monopolizing space or facilities to the exclusion of others; xvi) using City Premises for other than the intended purpose; xvii) drinking alcohol in areas where not permitted; xviii) smoking or vaping including without limitation the smoking of e -cigarettes in areas not permitted including inside of or within 9 metres of the entrance to any building under the jurisdiction of the City; xix) behaviour contrary to rules, regulations, or prohibitions posted on property of the City; xx) behaviour and activities that would obstruct or hinder the rights of others to use and enjoy City Premises xxi) unscheduled gatherings or events which may interfere with regular or scheduled events or bookings in accordance with MUN-FAC-2030 City Facility Usage by Groups or Events (b) behaviour contrary to the Criminal Code, R.S.C. 1985, c. C-46, other federal statutes, provincial statutes, municipal by-laws, or municipal policies; (c) the use of any cell phone, camera, personal digital assistant (PDA), or electronic equipment with photographic abilities in change rooms or washrooms of City Premises; and (d) other behaviour as may be prohibited from time to time by resolution of City Council. 44.3 Employee Enforcement Options All City employees including but not limited to City Security Staff are authorized to take the following enforcement actions at any City Premises if inappropriate behaviour or activity ("prohibited behaviour") is observed or reported: Page 4 of 8 Page 262 of 334 Policy No: MUN-FAC-495 Policy Title: Behaviour — Unacceptable Conduct on City Premises And Authority To Issue Trespass Notices (a) make or receive reports on prohibited behaviour; (b) assess situations; (c) make verbal requests to refrain from a prohibited behaviour; (d) give verbal warnings to refrain from a prohibited behaviour; (e) when prohibited behaviour is included in a written communication, make written requests and/or give written warnings to refrain from prohibited behaviour; (f) give verbal directions to leave City Premises other than the travelled portion of a highway for the remainder of an event or the remainder of a day, citing the prohibited behaviour as the reason; (g) upon refusal of person to follow a verbal direction, disengage from communication, or at any time where there is a safety concern, to call City security staff or police and request assistance; (h) prepare reports of any incident requiring enforcement actions including the prohibited behaviour, action taken, and, if known, the identification of the offender including name, phone number, and address; and (i) recommend to the appropriate supervisor or manager (if that position is filled by someone other than the employee) that the individual who engaged in prohibited behaviour be prohibited from returning to a program or certain City Premises for a period of time. 44.4 Enforcement Options for City Security Staff City Security Staff and City Security Management are authorized to take all lawful enforcement options necessary to perform their duties, including: (a) verbally directing a person to leave City Premises for a period not exceeding 72 hours from the time of eviction, citing the prohibited behaviour as the reason; (b) issuing a written Trespass Notice as authorized in section 4.5; (c) issuing a Provincial Offence Notice where applicable and as authorized to do SO" (d) to request assistance from police at any time; and Page 5 of 8 Page 263 of 334 Policy No: MUN-FAC-495 Policy Title: Behaviour - Unacceptable Conduct on City Premises And Authority To Issue Trespass Notices (e) lawfully arresting, handcuffing, searching, and holding an offender until the police take the person into custody. 4-44.5— Issuance of Trespass Notice The City of Kitchener may issue a Trespass Notice to persons, or group of persons, after continued breaching of the prohibited behaviours/criminal offence in Section 4.2 that put the safety of individuals and/or activities on City Premises in jeopardy, including but not limited to; threatening or preventing others from lawful and safe use of City Premises. In the event of a significant or serious incident the City may elect to provide a Trespass Notice immediately. A trespass notice may be served in personpe-r& . or by registered or regular mail or courier or hand delivery addressed to the recipient's last known address. FegicteFed nr GFdiRary letter m.ail or by e-mail to the recipient's last known e-mail address. 4.5 .6 Appeal Process Any individual receiving a written tis-Trespasse-Notice inexcess of 72 hours may appeal the tre6pTrespass eNotice by giving written notice of the appeal to the ClerE. A FeqUeGt fGFClerksappeal n. -n ho Mad E? thrGi 1gh the Q#iGe of the Git y Clerk at 519r741-2'�4F nt+gg within 14 days of receiving #the Notice. The Clerk shall ensure the Appeal is filed within the prescribed timeframe, and if so, forward the Appeal notice to the City's Hearing Officer appointed in accordance with the Recruitment and Selection of Screening and Hearing Officers Policy (GOV-COU- 2017). The Appeal shall be heard by a Hearing Officer with delegated authority by Council, whose decision shall be final and binding and no further appeal in respect of such decision shall be available in accordance with By-law No. 2019-040 - Appointment of Screening & Hearing Officers. The Hearing Officer shall provide notice of date, time and manner of the hearing of the appeal no fewer than seven days prior to the hearing to the person who received the Trespass Notice and to the senior staff person who gave the Trespass Notice under appeal. On an appeal pursuant to subsection (1), subject to subsection (5), an Appeal Officer may: Page 6 of 8 Page 264 of 334 Policy No: MUN-FAC-495 Policy Title: Behaviour — Unacceptable Conduct on City Premises And Authority To Issue Trespass Notices (a) revoke the Trespass Notice; (b) shorten the term of the Trespass Notice; (c) remove prohibited locations from the Trespass Notice; or (d) affirm the Trespass Notice. A Trespass Notice is in effect other than net offor,tiy during the the period while the hearing per+ed-is taking place and only to the extent that the Trespass Notice prevents a person from entering or remaining in a meeting room provided the person complies with the following conditions: (a) the person notifies the City Clerk of their intention to attend the meeting no later than 24 hours prior to the scheduled start of the meeting; (b) the person enters the meeting room no earlier than 15 minutes prior to the scheduled start of the meeting; (c) the person remains in the meeting room no longer than 15 minutes after the meeting is adjourned; and (d) the person complies with any directions given at the meeting respecting conduct at the meeting. If a person who appeals a Trespass Notice fails to participate in or attend the hearing of the appeal as, notified,+ �the Trespass Notice is deemed to b,.ef affirmed. The S iper is r/RA gep of � c`.}te—dcv-m ity may be r--enttii'ted if Iegtmracc attend the r. --es may er may net be graRte 4.7 Police as Agents Any officer of the Waterloo Regional Police Services, the Ontario Provincial Police, or the Royal Canadian Mounted Police is authorized to act as agent for the City in enforcing the TPA and this policy at City Premises. Additionally, any officer of the Waterloo Regional Police Services, the Ontario Provincial Police, or the Royal Canadian Mounted Police may act as agent for the City in enforcing the TPA and this policy at City. 4.8 Signage Signage may be erected in relation to this Policy. Any reference to former Council Policy Number 1-345 or 1-495 or to a previous version of this Council Policy on signage shall be deemed to be a reference to this Policy as amended. Page 7 of 8 Page 265 of 334 Policy No: MUN-FAC-495 Policy Title: Behaviour — Unacceptable Conduct on City Premises And Authority To Issue Trespass Notices 5. HISTORY OF POLICY CHANGES Administrative Updates No administrative history to date Formal Amendments No amendment history to date Page 8 of 8 Page 266 of 334 Appendix C to COR -2024-018 J ❑ All Employees ❑ All Full -Time Employees ==D All Union 1"',R I ❑ C.U.P.E. 68 Civic POLICY Policy No: GOV-COU-XXX Policy Title: Pregnancy and Parental Approval Date: Click here to enter a Leave for Members of date. Council Reviewed Date: Click here to enter text. Policy Type: COUNCIL Next Review Date: Click here to enter text. Category: Governance Reviewed Date: Click here to enter text. Sub -Category: Council Last Amended: Click here to enter a Author: City Clerk date. Replaces: Click here to enter text. Dept/Div: Legislated Services Repealed: Click here to enter a date. Replaced by: Click here to enter text. Related Policies, Procedures and/or Guidelines: Munici a/ Act 2001 1. POLICY PURPOSE: The purpose of the policy is to establish the procedure for Members of Council to declare a pregnancy or parental leave as required by section 270 of the Municipal Act and identify the remuneration package and other administrative matters. 2. DEFINITIONS: "Council agenda" means the package provided to council for meetings of council including closed meetings which includes the agenda, minutes and supporting agenda documentation. "Pregnancy and Parental Leave" for the purposes of this policy means an absence of 20 consecutive weeks or less as a result of a Member's pregnancy, the birth of a Member's child or the adoption of a child by the Member in accordance with Section 259 (1.1) of the Municipal Act, 2001. 3. SCOPE: POLICY APPLIES TO THE FOLLOWING: ❑ All Employees ❑ All Full -Time Employees ==D All Union ❑ Management I ❑ C.U.P.E. 68 Civic 1 of 4 Page 267 of 334 Policy No: GOV-COU-XXXX Policy Title: Pregnancy and Parental Leave for Members of Council ❑ 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: X Council ❑ Local Boards & Advisory Committees This policy protects members of Council from removal of office and paid leave of absence due to pregnancy, the birth of a child or the adoption of a child up to twenty (20) consecutive weeks, not to extend beyond a member's term of office. Unlike municipal employees who are entitled to pregnancy and/or parental leave in accordance with the Ontario Employment Standards Act, members of Council are not considered employees and are not eligible for employment insurance. 4. POLICY CONTENT: 1. The City of Kitchener supports a member of Council's right to pregnancy and parental leave ("leave") in keeping with the following principles: a. An elected member shall not be required to obtain Council approval to take pregnancy and parental leave, not exceeding 20 weeks. b. An elected member shall not have their elected office declared vacant as a result of such leave. c. An elected member shall continue to receive all Council communication while on leave unless otherwise indicated on the Leave Advisory Form. d. An elected member shall continue to reserve the right to participate as an active member of Council at any time during such leave. e. An elected member shall continue to receive all remuneration and benefits afforded to Council members. f. An elected member shall ensure that constituency services continue in their absence as indicated on the Leave Advisory Form. 2. Prior to the Leave, a member of Council shall complete the Leave Advisory Form attached as Attachment A to this policy and submit the form to the City Clerk. 3. In keeping with the principles above, if an out of office message is applied in accordance with the Leave Advisory Form, constituency inquiries shall be referred to staff in the Office of Mayor and Council (OMC) for triaging and response. 4. If a member of Council wishes to seek a leave in excess of 20 consecutive weeks, the member shall complete the extended leave section of the Leave Advisory Form and submit to the City Clerk as soon as the need for an extended leave is known. If an extended leave 2 of 4 Page 268 of 334 Policy No: GOV-COU-XXXX Policy Title: Pregnancy and Parental Leave for Members of Council is requested, the City Clerk shall prepare a report for Council's consideration of the extended leave. 5. A member of Council shall notify the Human Resources division as soon as practicably possible of the birth or adoption of a child if benefit coverage is required. 6. As the elected head of City Council, the Mayor may request that Council make temporary appointments to any committees, boards etc. that may be vacated as a result of such leave. 7. At anytime, the elected official on leave may advise the Clerk of changes to their return date, through reasonable written notice, and their intention to resume any and all statutory roles including work on committees. 5. HISTORY OF POLICY CHANGES Administrative Updates None. Formal Amendments None. 3of4 Page 269 of 334 Policy No: GOV-COU-XXXX Policy Title: Pregnancy and Parental Leave for Members of Council Member of Council Leave Advisory due to Pregnancy and Parental Leave Please refer to Corporate Policy GOV-COU-XXX: Pregnancy and Paternity Leave for members of Council when completing the form. 1) PREGNANCY AND PATERNITY LEAVE UP TO 20 WEEKS Required if the Leave of Absence is for less than 20 consecutive weeks. Member of Council Name: Click or tap here to enter text. Leave Begin Date: Click or tap to enter a date. Expected Date of Return: Click or tap to enter a date. 2) EXTENDED LEAVE OF ABSENCE: Required if the Leave of Absence will be for more than 20 consecutive weeks. A leave request of more than 20 consecutive weeks shall be brought to Council for consideration in a report prepared by the City Clerk. Member of Council Name: -lick or tap here to enter text. Leave Begin Date: Click or tap to enter a date. Expected Date of Return: ;'lick or tap to enter a date. 3) LEAVE ADMINISTRATION Receipt of the Council agenda package while on leave? Yes: ❑ No: ❑ Receipt of correspondence and event invitations during leave? Yes: ❑ No: ❑ Initiation of an out of office message during leave? Yes: ❑ No: ❑ 4of4 Page 270 of 334 Appendix D to COR -2024-018 J KIR POLICY Policy No: GOV-COU-XXX Policy Title: Council Staff Relations Approval Date: Click here to enter a datf Policy Type: COUNCIL Reviewed Date: Click here to enter text. Category: Governance Next Review Date. Click here to enter Sub -Category: Corporate text Reviewed Date: Click here to enter text. Author: City Clerk Last Amended: Click here to enter a Dept/Div: Legislated Services date Replaces: lick here to enter text. Repealed: Click here to enter a date. Replaced by: Click here to enter text. Related Policies, Procedures and/or Guidelines: Municipal Act, 2001 Ontario Health and Safety Act, 1990 Code of Conduct for Members of Council and Local Boards (GOV-COU-005) Employee Conflict of Interest Policy (HUM -WOR -045) Violence in the Workplace Policy (HUM -WOR -250) Respect in the Workplace Policy (HUM -WOR -140) Procedure By-law (Chapter 25 of the Municipal Code 1. POLICY PURPOSE: This policy provides guidance on how the City of Kitchener ensures a respectful, tolerant and harassment -free relationship and workplace between Members of Council and the officers and employees of the City, as required by section 270 of the Municipal Act. 2. DEFINITIONS: "Act" means the Municipal Act, 2001 S.O. 2001, which for the purposes of this Policy, outlines the roles and responsibilities of Members of Council and officers and outlines the requirement for such a Policy. "Chief Administrative Officer/CAO" means the Chief Administrative Officer appointed by the Kitchener Council, or their designate. "City" means the City of Kitchener. 1 of 4 Page 271 of 334 Policy No: Policy Title: Council Staff Relations "Member of Council" means any member of the legislative body of the City, including the Mayor, for the purposes of this Policy. "Staff' means individuals employed by the City of Kitchener including the CAO, the officers of the municipality, the City Clerk and Treasurer as defined by the Act. "Corporate Leadership Team" means the CAO, General Managers or their designates. "Integrity Commissioner" means the independent key advisor to Council on a range of important issues, as defined in the Municipal Act, 2001. The Integrity Commissioner is responsible for providing education and advice to Members of Council, and presiding over Code of Conduct complaint investigations. 3. SCOPE: 4. POLICY CONTENT: The City of Kitchener promotes a respectful, tolerant and harassment -free relationship and workplace between Members of Council and the officers and employees of the City, guided by the Code of Conduct for Members of Council and Local Boards, Employee Conflict of Interest Policy, Violence in the Workplace Policy, Respect in the Workplace Policy, and the Procedure By-law. The relationship between Members of Council and the officers and employees of the City is guided by the following policies: 1. Code of Conduct for Members of Council, Local Boards & Advisory Committees (GOV-COU-005) 2 of 4 Page 272 of 334 POLICY APPLIES TO THE FOLLOWING: ❑x 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: ❑x Council ❑ Local Boards & Advisory Committees 4. POLICY CONTENT: The City of Kitchener promotes a respectful, tolerant and harassment -free relationship and workplace between Members of Council and the officers and employees of the City, guided by the Code of Conduct for Members of Council and Local Boards, Employee Conflict of Interest Policy, Violence in the Workplace Policy, Respect in the Workplace Policy, and the Procedure By-law. The relationship between Members of Council and the officers and employees of the City is guided by the following policies: 1. Code of Conduct for Members of Council, Local Boards & Advisory Committees (GOV-COU-005) 2 of 4 Page 272 of 334 Policy No: Policy Title: Council Staff Relations The Code of Conduct for Members of Council, Local Boards and Advisory Committees establishes the behaviour expected of Members of Council towards Staff including but not limited to, recognizing the requirements for staff to make recommendations that reflect their professional expertise and corporate perspective without undue influence from any individual member or group of members, and in return Council shall receive 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. The Code also outlines that Members have a duty to treat members of the public, one another and staff appropriately and without abuse, bullying or intimidation, free from discrimination and harassment. 2. Special Powers and Duties of the Head of Council under the Municipal Act, 2001, as amended. Notwithstanding the Code of Conduct's principles provide that Council as a whole has the authority to approve matters and individual members are not permitted to individual direct the action of staff, the Mayor may direct staff, in writing, in accordance with Part V1.1 of the Municipal Act, 2001, to a) undertake research and provide advice to the Mayor and the municipality on policies and programs of the municipality or of the Mayor as they relate to the powers and duties under Part V1.1 of the Act; and b) carry out duties related to the exercise of the power or performance of the duty, including implementing any decisions made by the Mayor under Part V1.1 of the Act. 3. Employee Conflict of Interest Policy (HUM -WOR -045) For a City to function effectively, the public must have confidence in the integrity of its employees and their dedication to the City's best interests. To this end, City staff must be independent, impartial and responsible to the public interest in carrying out their duties. The Employee Conflict of Interest Policy requires that City employees must not place their private interests above their public duties. 4. Violence in the Workplace Policy (HUM -WOR -250) Members, staff and the public have a right to a safe and healthy workplace free from actual, attempted or threatened violence in accordance with the Violence in the Workplace Policy. 5. Respect in the Workplace Policy (HUM -WOR -140) 3of4 Page 273 of 334 Policy No: Policy Title: Council Staff Relations The Respect in the Workplace Policy requires the Members, staff and public to create a healthy and safe work environment free of any forms of bullying, uncivil or disrespectful behaviour, and from discrimination and harassment, including sexual harassment. 6. The Procedure By-law (Chapter 25 of the City's Municipal Code) The Procedure By-law governs the city's public meeting processes and requires the Members to follow a set of rules for conduct and debate, ensuring meetings are conducted fairly, and in an orderly fashion. 7. Responsibilities Members of Council and Employees are required to adhere to this Policy and related policies. 8. Procedures The City Clerk shall be responsible for receiving complaints and/or concerns related to this Policy. Upon receipt of a complaint and/or concern, the City Clerk shall notify: a. In the case of complaints against employees, the Manager, Director, or General Manager responsible for the employee and the Director, Human Resources; or b. In the case of complaints against Council, the Integrity Commissioner. Where there is a discrepancy between the Council Staff Relations Policy and the Code of Conduct for Members of Council and Local Boards, Employee Conflict of Interest Policy, Violence in the Workplace Policy, Respect in the Workplace Policy, the language of the Code prevails. 5. HISTORY OF POLICY CHANGES Administrative Updates None. Formal Amendments None. 4of4 Page 274 of 334 Staff Report Development Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: October 28, 2024 SUBMITTED BY: Cory Bluhm, Executive Director, Economic Development, ext. 7065 PREPARED BY: Jeremy Dueck, Director, Culture & Entertainment, ext. 5264 WARD(S) INVOLVED: All DATE OF REPORT: October 7, 2024 REPORT NO.: DSD -2024-281 SUBJECT: Conrad Centre for the Performing Arts — Operating Model RECOMMENDATION: That the operating model for the Conrad Centre for the Performing Arts be approved as outlined in report DSD -2024-281, subject to final ratification of the 2025 budget; and, That the Director of Culture & Entertainment be authorized to enter into an agreement with Green Light Arts, for the delivery of mentorship services to renting organizations until June 30, 2026, to the satisfaction of the City solicitor; and further, That approval authority for rental agreements and rental fees for the Conrad Centre for the Performing Arts be delegated to the Director of Culture & Entertainment or designate. REPORT HIGHLIGHTS: The purpose of this report is to make recommendations around a new operating model for the Conrad Centre for the Performing Arts (CCPA), considering the needs of the local performing arts community, the core competencies of venue management, and Council's 2023-2026 strategic plan and long-term vision for culture and entertainment in Kitchener. The key finding of this report is that staff recommend a City -led operating model that is supported by a non-profit arts organization. A shared operating model — with the City leading venue operations and a non-profit supporting with mentorship services — will allow the mandate of the CCPA to be achieved while recognizing the needs of performing arts organizations and presenters. To that end, staff recommend that a mentorship services agreement be implemented with Green Light Arts until June 30, 2026. • The financial implications are that an initial annual City operating subsidy of $382,000 is required. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 275 of 334 • Community engagement included two surveys. The first survey was intended for past/future audience members, with 280 responses over a 1 -month collection period on Engage WR. The second survey was intended for past/future presenters of performing arts. There were 17 responses and 8 additional one-on-one follow-up meetings with presenters. In addition, significant consultation with the Arts community occurred through the Bloomberg -Harvard Cities Initiative which has led to the above recommendations. • This report supports Creating an Economically -Thriving City Together: Focuses on growing an agile, diverse local economy powered by talented entrepreneurs, workers & artists; creating opportunities for everyone and a resilient future that propels our city forward. EXECUTIVE SUMMARY: The City acquired the Conrad Centre for the Performing Arts (CCPA) in 2021 with a mandate to significantly increase community usage. In October of 2023, the City assumed full operations of the CCPA following the bankruptcy of the KW Symphony. The following report outlines a proposed operating model as follows: - A new mandate is proposed, based on community engagement, for the CCPA to become a vibrant, active cultural hub that supports a broad spectrum of genres, in a transparent and accessible manner; - A City -led operating model, based on the results of a path -of -the -presenter analysis, would best deliver on the community's expectations; - A hybrid financial model is enacted, where the City would provide a reasonable service -level to presenters and the community, with limited financial burden to the tax base; and, - A non-profit arts organization is engaged with the CCPA to provide mentorship services to emerging arts organizations and assists with the operation of the CCPA as it transitions to a City -led operating model. This report provides comprehensive analysis and direction on a sustainable and equitable operating model for the CCPA, considering the needs of the local performing arts community, the core competencies of venue management, and Council's strategic priorities. BACKGROUND: The Conrad Centre for the Performing Arts (CCPA) is a city -owned 24,000 square foot performing arts venue, located at 36 King Street West. The CCPA features a flexible 300 - seat theatre, 100 -person rehearsal hall, four dressing rooms, and a green room. The Manfred and Penny Conrad Family Foundation generously donated the CCPA to the City of Kitchener in January 2021 to support performing arts in the community. In October 2023, the City assumed operational responsibilities of the Conrad Centre after its lease with the KW Symphony ended due to the symphony's declaration of bankruptcy. Green Light Arts (GLA), a non-profit arts organization that previously provided booking and rental support services for the symphony, was approved by Council to temporarily operate the CCPA. GLA's operating agreement with the City is set to expire on December 31, 2024, however staff have the authority to extend the agreement as needed. Page 2 of 19 Page 276 of 334 Within a performing arts centre, the operator takes on the primary responsibility of venue management work. At a high level, venue management operation can include scheduling, contracting events and rentals, ticketing, event operations (e.g., production), event services (e.g., staffing, food and beverage), etc. Culture & Entertainment is a newly formed division that sits within Economic Development and includes three units — Arts & Creative Industries, Special Events, and the Centralized Service Provider. The Centralized Service Provider is responsible for providing business services and operational support to the culture and entertainment venues owned by the City of Kitchener. One of the key Council mandates for the Centralized Service Provider is recommending a new operating model for the CCPA. In addition, through the Bloomberg -Harvard Cities Initiative, engagement with over 40 arts practitioners and organizations occurred. The result of the consultation created the following value proposition: We will tackle inequitable access to cultural facilities, grant funding, and networks which makes it difficult for many artists and arts organizations to thrive, because arts and culture is integral to a healthy economy, connection, belonging and wellbeing. We will do so by determining unmet needs and distributing resources more equitably, with the expectation that diverse arts programming will be more present, and trust is strengthened. We will know that we have succeeded when arts employment, cultural activities, space usage, representation, and community participation increase. REPORT: When the Manfred and Penny Conrad Family Foundation donated the CCPA to the City, it was on the premise that the City would bring the facility to life — with a promise to drive more activity to the venue and vitality to the area. As part of Make It Kitchener 2.0, Council supported an ambition to launch platforms and enable opportunities for difference makers to bring our city to life. City staff have also consistently heard from the local arts community that affordable access to the CCPA would create new opportunity to increase cultural programming in our community. Opportunity & Analysis The City has an opportunity to transform a tremendous, but underutilized, community gem into a vibrant cultural hub, offering performances and experiences across a multitude of artistic disciplines. Doing so would enable our local arts organizations, foster community, attract new visitors to the downtown, and help drive a vibrant entertainment scene in Kitchener. The following provides a three-part analysis to determine the preferred operating model for the CCPA, which includes: Page 3 of 19 Page 277 of 334 Part 1 — a proposed mandate based on community engagement; Part 2 — an examination of three different operating models using a "path of the presenter" form of analysis; and, Part 3 — an examination of three financial models to determine the preferred financial structure for the CCPA. PART 1 — COMMUNITY ENGAGEMENT In January 2024, staff began working on a community engagement plan to ensure that interested parties could share feedback about the CCPA. Staff were interested to learn from individuals, groups, and organizations who had previously used — or may wish to use — the CCPA to present performance art (i.e., dance, music, film, theatre, comedy, etc.) as well as the public who have participated as audience members or might be interested in attending a performance at the CCPA in the future. Staff's engagement plan included two surveys — one survey for past/future performance art presenters (e.g., arts organizations, promoters, event organizers, etc.) and a second survey for past/future audience members. Past/future presenters were also given the opportunity to participate in one-on-one follow-up meetings with City staff, providing additional feedback to accompany their survey. Based on community engagement survey results, in-person meeting feedback, and tangible examples from the current operator (GLA), a new operating model needs to achieve the following: • Maximize use of the facility (e.g., increased performance nights, increased rentals, etc.); • Enable access to the space to the widest possible range of users, through adaptable, transparent, and accessible scheduling procedures; • An affordable pricing model; • Production supports; and, • Professional venue management. Community Engagement — Audience Feedback A public survey featured in Engage Waterloo Region — intended for past, current, and future CCPA audience members — received 280 responses over a one-month period (April 22 to May 22, 2024). A copy of the audience survey questions and responses are included as an attachment to this report (see Attachment A). From an audience perspective, the following trends and themes were identified in the survey responses: a) Utilization and variety — audience members want to see "programming to the max," of all kinds, focusing on local up-and-coming artists and organizations. Page 4 of 19 Page 278 of 334 b) Affordability — leveraging the CCPA to provide access to audience members who may not have access to other performing arts spaces. The maximum ticket price many respondents would be willing to pay to attend a performance at the Conrad Centre is $26 - $50. c) Equity and equitable access — not giving certain presenters perceived preferential access and ensuring that the opportunities within the space are equitable for both presenters and audience members. Providing a safe and non-discriminatory experience for everyone. d) Number of shows attended — most respondents answered that they've visited the CCPA 1-5 times. e) Event type — most respondents have attended the CCPA to experience music and theatre. f) Aesthetic and placemaking — several respondents suggested that it would be helpful to make the CCPA a place where people want to be, creating a welcoming environment for all. g) Promoting events — take steps to proactively promote and market performances hosted at the CCPA. Suggested solutions include a shared calendar, a more interactive website, sending eblasts, or sharing social media posts. h) Community support — respondents expressed that the CCPA needs to be a place that supports local artists as they build an audience. Community Engagement — Presenter Feedback Staff solicited feedback from previous presenters (e.g., arts organizations, event organizers, promoters, etc.) of performing arts at the CCPA as well as interested future presenters — both non-profit and commercial. A presenter survey link was sent to over 50 local arts organizations as well as other invested groups. From the presenter survey, staff received 17 responses and engaged in an additional 8 one- on-one follow-up meetings. A copy of the presenter survey questions and responses are included as an attachment to this report (see Attachment B). The following trends and themes were identified: a) Costing is critical — presenters, especially local presenters, want to use the space more frequently and maximize utilization. Respondents asked the City to look at offsetting or subsidizing rental costs for local and non-profit presenters at the CCPA to ensure high utilization. Presenters are aware that the CCPA needs to be careful not to undercut similar -sized local venues. It was also made clear by several presenters that they understand that the municipal taxbase is not responsible to cover associated costs of presenting performance art (e.g., production, front of house staffing, etc.). Page 5 of 19 Page 279 of 334 b) Equity in the booking and scheduling process — presenters with previous experience at the CCPA expressed concern about equity during the event intake process as well as equitable calendar management. A transparent facility allocation procedure would build trust with presenters. c) Support in presenting events — regardless of expertise, presenters of performance art are looking for support from the venue operator at every step of the event process (e.g., scheduling, contracting, ticketing, planning/operations, fulfilment, etc.). At a performing arts centre like the CCPA, presenters shared that they would need help producing their events and understanding the nuances of the venue. The CCPA is "not a plug -and -play space." d) Equipment upgrades — common feedback from past presenters is that the CCPA does not represent a "usable product." In other words, there are some significant equipment upgrades that are required for the CCPA to remain competitive as a performing arts centre. Items that were frequently mentioned include: • Sprung floor for the theatre and hall • Video wall and 4K projector • Floor covering options (e.g., dance) • Show electrical power and cabling • Theatrical and house lighting • Seating enhancements • PA sound system • Front of house booth • Modular staging • New appliances e) Mixed use — local performing arts presenters emphasized that the CCPA must be flexible and responsive to a variety of uses and performance art disciplines (e.g., theatre, music, dance, film, comedy, etc.). f) Education and mentorship opportunities — it was mentioned by several presenters that the CCPA could be a unique and productive space for tech and music residencies. Creating "hot desk" or shared administration areas in the CCPA could foster a creative hub and would speak to the local arts community's desire for a performing arts ecosystem in the CCPA and Downtown Kitchener. g) Marketing the venue — local presenters commented that it was not easy to find technical specifications or rental information for the CCPA. h) Marketing support — many presenter respondents shared that an area where they could use the operator's assistance is selling and promoting their event(s). Both surveys and one-on-one follow-up meetings identified that audience development and shared marketing opportunities are priority needs for presenters. i) Preferred vendors — supporting local service providers was identified by some presenters as an important priority for the new operator of the CCPA to consider. Community Engagement — Proposed Mandate for the CCPA Vision, mission, and value statements are essential for all venues, but especially performing arts centres. Unlike other venue types, performing arts centres serve a unique purpose within our community, and have unique features and equipment that are vital and highly Page 6 of 19 Page 280 of 334 valued by arts organizations. Assets such as theatrical lighting, PA sound systems, staging, "black box" theatre space, etc. cannot be found in other community spaces. Based on the results and information received through the engagement process — as well as referencing recommendations outlined in other City -supported research (i.e., Environics, Bloomberg, etc.) — staff have drafted the following vision, mission, and value statements to establish a clear mandate that will guide the next operating model of the CCPA: Vision Statement — What does short and long-term success look like? The Conrad Centre for the Performing Arts is a vibrant and active cultural hub where local performing arts grow and thrive. A cultural venue where the community can participate. Mission Statement— What critical actions are needed to achieve the CCPA's vision? • Ensure the CCPA is accessible to a wide range of arts organizations, presenters, etc. • Communicate transparent and reasonable expectations while balancing the needs of the local performing arts community. • Showcase a broad spectrum of performance art — e.g., music, film, theatre, dance, and comedy. • Focus on year-round programming and utilization featuring local talent, commercial events, and memorable community experiences. • Create mentorship and learning opportunities for the local performing arts community. • Diversify revenue streams to create operational sustainability and generate funds for capital reserves. • Use Key Performance Indicators (KPIs) that recognize and celebrate equity, utilization, artist participation, and attendance. Values — What values will guide our actions? Key value themes communicated throughout the consultation process suggest that the CCPA needs to be: Accessible, Aspirational, Balanced, Equitable, Flexible, Inclusive, Innovative, Responsive, Sustainable, and Transparent. Staff recommend that the proposed vision, mission, and value statements are initially adopted for the CCPA and then revisited by City staff after two seasons (June 30, 2026). PART 2 — OPERATING MODEL ANALYSIS The CCPA is a sophisticated theatre venue. Critical to the ongoing success of the CCPA is an appropriate governance model that addresses practical venue management needs as well as the priorities that have been identified by the community through the engagement process. In tandem with community engagement, staff considered three operating models: • Non-profit led — where a cultural organization leads most aspects of facility operation. Government may subsidize the use of the facility through free rent and/or a service fee to ensure the operator does not achieve an annual deficit. Page 7 of 19 Page 281 of 334 • Commercial (private led) — where a private company leads most aspects of facility operation, with a high degree of autonomy in order to achieve an annual profit. • City -led — where the City would lead most aspects of the facility operations and may contract certain aspects to third -party groups. As a reference, operating models used in the other City -owned culture and entertainment venues include: • Kitchener Memorial Auditorium — City -led operating model. • Centre In The Square — Non-profit led. • Registry Theatre — Non-profit led. Each operating model option has its own inherent advantages and disadvantages, and the purpose of this report is to recommend which operating model is best for the CCPA based on the communicated needs of the local performing arts community and observations of its current operation. Analytical Approach — Path of the Presenter Through the consultation process, it was made clear that the new operating model needs to consider the "path of the presenter" — reflecting the steps a presenter must work through with the operator to bring a performance to life. Regardless of the event type (e.g., dance, theatre, music, comedy, film, etc.), the typical path of a presenter when engaging with a performing arts centre includes the following core venue management functions: • Scheduling • Costing • Contracting • Ticketing • Event Operations • Event Services The following provides staff's assessment of each function and the advantages and disadvantages of each operating model. Path of the Presenter — Scheduling The most discussed item during in-person follow-up meetings with past/future presenters was the importance of scheduling in the event intake process. Since there are only 365 days in the calendar — and not all days are valued equally (e.g., Fridays are typically viewed as being more valuable than Mondays) — a lot of discussion was focused on calendar management and allocation of dates. Specifically, who gets what dates and who is making those decisions. The following chart summarizes how the three different operating model options generally approach scheduling decisions: Page 8 of 19 Page 282 of 334 Operating .. Which groups typically Community presenters Profitable events. A balance of community receive scheduling and commercial events. return -on -investment. presenters and priority? Sometimes the non- profitable events. How are ancillary costs profits present their own Upcharge with high Cost recovery. determined? shows which can be margins. Are there opportunities given priority. Less possible. Possible. Who are scheduling Accountable to a board. Accountable to a Accountable to City decision makers various levels of private owner or Council and ultimately accountable to? government. board of directors. the public. Who receives escalated Appeal to the board. Decision is final. Appeal to senior staff scheduling concerns? and/or Council. Given the importance of a fair, equitable and transparent scheduling process, staff recommend a City -led scheduling approach. With communicated concerns of favouritism (real or perceived), a City -led operating model can assist in developing a neutral scheduling system. Path of the Presenter — Costing The other critical item raised by past/future presenting groups was the overall cost of using the CCPA. There is a shared desire for the CCPA to be affordable for presenters, but this needs to be balanced with sustainability and not undercutting similar/competing venues. The following chart summarizes how the three different operating models generally approach costing and rate -setting decisions: Operating Model:Non-profit How are rental rates Sustainable cost To achieve an annual Annual budget determined? recovery with narrow return -on -investment. projections and fees margin. approved by Council. How are ancillary costs Cost recovery with Upcharge with high Cost recovery. determined? narrow margin. margins. Are there opportunities Possible, but often Less possible. Possible. for community grants or provided indirectly by subsidies provided by various levels of the operator? government. Prior to the pandemic, staff consistently heard that the CCPA's rates were inaccessible. During the recovery stages of the pandemic, the City offered a grant to subsidize rental costs by 50%. This translated into a significant increase in usage. Given the importance of ensuring an accessible price point, staff recommend a City -led operating model for costing decisions. Page 9 of 19 Page 283 of 334 Path of the Presenter — Contracting Contracting is a significant step in the path of the presenter because this activity captures all expectations related to presenting an event in a legal agreement. Contracts between a presenter and the venue operator outline all financial and operational deal points. As such, the rental agreement serves as the foundation in the relationship between the presenter and venue operator, and the contracting process itself will have a significant impact on how a presenter experiences the venue. The following chart summarizes how the three different operating models generally approach contracting decisions: Operating Model:Non-profit General approach for Contracts tend to be Less flexibility for a Templates or other pre - contracting performing constructed in a more presenter. existing contracting arts events. flexible and presenter- methods are used (e.g., friendly way; less scheduling software with restricted by risk built-in terms and measures. conditions). Presenter perception of Viewed as flexible and Viewed as focused Varied views from a contractual forgiving. primarily on profit and flexible to inflexible, with relationship protection of the an ability to appeal to commercial City Council. operator's presenting priorities. Public perception of a The public generally Presumed to be Presumed to be based contractual relationship understands the views based on financial on community values, to between a presenter and and opinions expressed gain with limited which they expect the operator/venue. are those of the regard for community Council to uphold. presenter, and do not values. necessarily represent the values of the operator/venue. While a non-profit led approach would best suit the needs of presenters at the CCPA, staff feel the City could develop a simple and flexible system while ensuring the appropriate protections are in place for the Corporation. Path of the Presenter — Ticketing Ticketing is the financial currency of a venue — the financial mechanism that organizes how people attend special events. A standard operating procedure and venue management best practice for ticketing requires that the operator hold ticket funds in escrow — i.e., holding all ticket -related revenue in trust. Therefore, ticket revenue is held in trust by the operator until the event has taken place, at which time settlement occurs with the presenter. While creating data for future marketing activities is an important consideration for ticketing systems, protecting the consumer should drive a ticketing model. A single ticketing platform used by all CCPA presenters would establish consistency with the consumer, while ensuring Page 10 of 19 Page 284 of 334 that presenters have access to the information that is important to them (e.g., consumer data). As the City is in the process of working with all City -owned culture and entertainment venues on a centralized ticketing strategy, staff recommend a City -led operating model for ticketing. Path of the Presenter — Event Operations Once an event has been scheduled, contracted, and tickets go on sale, the sizable task of producing and planning an event begins. Often referred to as "event operations" or "event production," bringing a show to life incorporates sound, lighting, staging, video, and other operational components. Event operations is generally very technical and there needs to be a balance of listening to the presenter while finding creative solutions. In addition to managing the technical needs of an event, the venue operator needs to work with the presenter in an ongoing facilitator capacity to ensure that the expectations outlined in the contract are delivered. For this stage in the path of the presenter, it is paramount to have an effective operations team that can facilitate an event based on the expectations outlined in the legal agreement as well as the technical/production rider. The following chart summarizes how the three different operating models generally approach event operations: Operating Model:Non-profit General approach to If an experienced Generally, an Understand the managing event performing arts agreement is viewed importance of the operations. organization, they will as a checklist of items expectations outlined in understand the to be completed. the agreement. importance of the Investment in the Investment in all event expectations outlined in content depends on details depends on the the agreement and tend the event operations experience of the event to be invested in the team. operations team. content being presented and take a proactive approach to event operations. Ability to predict the Having knowledge and Not always able to Ability to predict will operational needs of a understanding of the predict operational depend on the skillset of performing arts presented content allows needs. Will often the operational team. presenter. a non-profit operator to refer to the contract predict the event needs for direction. of the presenter. Performing arts centres are a sophisticated venue type, and with it comes a level of expertise that is required when working directly with other presenters of performance art. A notable theme communicated during the engagement process was the need to have an experienced operator involved in event operations. Staff recommend utilizing an experienced arts organization initially, transitioning to a City - led model once competencies are developed. Page 11 of 19 Page 285 of 334 Path of the Presenter — Event Services The event services team acts as an account manager and will focus on tasks such as administration, permits, event staffing, emergency procedures, as well as facilitating merchandise, food and beverage sales, etc. Requiring a specialized skillset, event services will provide a presenter with overall event file management, keeping track of all necessary documentation. In addition to the rental agreement, the event file might include the following: • Certificate of insurance • Event settlement sheets • Event timeline • Staffing schedule • Seating charts and diagrams • Incident reports • Ticket audits • Post -event evaluation The following chart summarizes how the three different operating models generally approach event services: Operating Model:Non-profit General approach to If an experienced Generally, an Understand the managing event performing arts agreement is viewed importance of the services. organization, they will as a checklist of items expectations outlined in understand the to be completed. the agreement. importance of the Investment in the Investment in the agreement and tend to content depends on content depends on the be invested in the the event services event services team. content being presented team. and take a proactive approach. Ability to predict the Having knowledge and Not always able to Generally able to predict event services needs of understanding of the predict event services presenter needs but will a performing arts presented content allows needs. depend on the event presenter. the operator to predict services team. the event services needs of the presenter. Staff recommends an experienced arts organization initially providing such services, transitioning to a City -led model once competencies are developed. Conclusion — "City -led Operating Model" In order to ensure the CCPA can achieve the community's vision and expectations, staff recommend a City -led operating model that initially utilizes the skills of a non-profit organization during a transition period (i.e., while the City scales its resources to fully operate). The transition from a non-profit assisted to full City -operated model could look like this: Page 12 of 19 Page 286 of 334 Component: Initial End of Year 1 Ongoing Scheduling City City City Costing City City City Contracting Non -Profit City City Ticketing City City City Operations Non -Profit Non-profit City Event Services Non -Profit City City This could be achieved by entering into a service agreement with an organization like Green Light Arts who has experience operating the CCPA, experience with theatrical production, and could provide mentor services to a new City team. PART 3 — FINANCIAL MODEL ANALYSIS As noted through the community engagement, residents aspire to see the CCPA highly used with accessible ticket pricing, while presenters are seeking accessible rental rates with professional services. Prior to the pandemic, the CCPA would host approximately 80-105 days of programming. During pandemic recovery, the City subsidized rental rates by 50%, increasing the usage to 142 days, demonstrating the price sensitivity of presenters. It is common for theatres to either offer a low entry cost with limited services, or a higher level of service with higher entry costs (i.e., rental rates and service fees). Unfortunately, offering a lower cost of entry with high service levels can only be achieved either through a high volume of rentals (which will take time to realize) and/or significant subsidization by the City. The following analyzes three financial models to determine the best approach for the CCPA. Low Cost + Low Service Under this financial model, the City would implement a lean staffing model to provide low entry costs for presenters. A small team of permanent staff (e.g., program assistant and a rental attendant) would be supported by part-time and occasional staff. In principle, the full- time staff would be subsidized by the City, while part-time staff costs would be covered by the presenter through rental fees. Under this model, presenters would have two primary rental options: a) Utilize a standard theatre configuration with pre-set lighting plots and existing sound equipment. This plug -and -play approach would allow for limited customization, limited operations support, and limited services provided to the presenter. b) Any additional needs/customization would be on a fee-for-service basis, allowing the presenter to scale their production needs to their budget (e.g., third -party production). Pros: • Low cost to the taxbase (lower subsidy, fewer FTEs). • Provides low cost of entry and lower risk for presenters. • Presenters only pay for the additional services they need. Page 13 of 19 Page 287 of 334 Cons: • No marketing support for booked events. • No marketing efforts promoting the venue itself. • No full-time operations staff on site to take care of ongoing facility needs. • Limited support for presenters as they work through the event operations and event services steps, which will likely lead to frustration for the presenter. • Presenters have noted that a fee-for-service (add-on) model can be challenging to forecast costs. • Low service model may deter certain presenters. • The complexity of the CCPA makes it less ideal for a plug -and -play approach. High Subsidy + High Service Under this model, the City would implement a full staffing compliment expected of a professional venue of this size. A team of permanent staff (e.g., venue manager, scheduling associate, event associate, marketing associate, program assistant, facility operators, and a rental attendant) would be supported by a smaller team of part-time and occasional staff. Such a model would incur significant annual salary expenses, likely requiring a significant public subsidy, that may be reduced as the volume of rentals increase. The City would contract out certain services to a non-profit partner until it was able to recruit and develop the required staff competencies. Under this model, Council would set rental rates relative to the subsidy provided to achieve a balanced annual budget. Pros: • Presenter has predictability on costs — not being charged for additional staffing. • Strong support for presenters as they work through the contracting, event operations, and event services steps. • Team is driven to maximize use of the building with quality programming. • Full-time operations staff on site to take care of facility needs. • Full-time staff can focus on specific roles leading to higher productivity and efficiency. • More opportunities to develop expertise in venue management areas, leading to higher quality work and greater consistency in performances and operations. • Full-time staff can provide more consistent and reliable customer service, improving audience satisfaction and retention. • More staff can allow for expanded community engagement efforts, such as educational programs, workshops, and partnerships with local organizations. • With more full-time staff, the theatre can increase the number and variety of productions and events it offers, attracting a broader audience base. Cons: • Significant public cost to operate the CCPA. • Salary heavy operation provides limited flexibility during challenging financial times. • Failure to generate a high volume of rentals would impact the ability to reduce the subsidy over time. Page 14 of 19 Page 288 of 334 • Pressure to reduce the public subsidy over time could result in increased fees, impacting accessibility of the CCPA. Hybrid Model Under this model, the City would introduce a modest staffing team to provide both accessible and high quality rental options. A team of permanent staff (e.g., venue manager, event services supervisor and a facility operator) would be supported by a team of part-time and occasional staff. In the short term, the City would partner with a non-profit organization as staffing is scaled appropriately. The City would need to provide an operating subsidy which can be more easily scaled to the volume of rentals in a given year. Pros: • Presenter has predictability on entry cost with fewer additional fees. • CCPA can accommodate a full range of presenting types, with services scaled to suit. • Presenters are supported by the City as they work through the contracting, event operations, and event services steps. • Staffing costs to operate the CCPA will require a lesser public subsidy than high service model. • City can scale its staffing investment overtime. Cons: • City staff may not achieve the high service levels that a presenter expects. • Limited marketing support for booked events and venue promotion. Summary of Financial Models The following chart summarizes the difference between the three different financial models. Note: not all revenues and expenses are included. Page 15 of 19 Page 289 of 334 Low Cost + Low Hybrid High Subsidy + Service (Recommended) High Service Human Resource Considerations Anticipated number of new full- 1 3 7 time City staff Anticipated number of new part- 1 (wages covered TBD (wages covered TBD time City staff by rental fees) by rental fees) Anticipated additional staff Numerous Occasional staff where Only when there are occasional staff needed for larger specific program (costs covered by scale productions. needs. rental fees). Financial Considerations Projected rental revenue $50,000 $90,000 $150,000 (conservative estimates) Salaries & Benefits (City) $119,000 $382,000 $793,000 Administration $54,000 $54,000 $99,000 Building expenses $80,000 $80,000 $113,000 City operating subsidy_______f $253,000 $382,000 $790,000 Page 15 of 19 Page 289 of 334 Opportunities for additional Limited due to Staff would be focused Full staff compliment revenue (e.g., food and capacity of 1 FTE. on generating rentals would enable beverage, sponsorships, etc.) with capacity to significant efforts to pursue food and generate additional beverage, etc. revenue. Presenter Feedback Support for presenters Limited support. Reasonable support. Strong support with full staff compliment. Marketing the CCPA (the venue Limited ability to Manager of Manager of itself) market the venue CCPA/Venues CCPA/Venues based on staff promotes the venue promotes the venue resources. itself. itself. Marketing support for Limited support. Use of existing and Dedicated City staff presenters developing channels. member responsible for marketing. Conclusion — "Hybrid Financial Model" Based on the three financial model options and feedback collected during the engagement process, staff recommend utilizing the hybrid model. The hybrid model enables accessibility, provides a range of rental options, provides reasonable levels of service, supports rental growth, all while balancing cost to the taxpayer. As revenues increase, the City can consider adding additional services. In the hybrid financial model, staff recommend three new FTEs, resulting in an operating budget impact of $382K. High level role functions as follows: Role #1 • Oversees CCPA as well as other City -operated culture venues (e.g., Victoria Park Pavilion). • Leads business attraction and rental growth. • Manages the overall schedule and contracting. Role #2 • Acts as account lead and primary contact for the client. • Fulfilling contract obligations and coordinating front of house staff (e.g., ushers). Role #3 • Production support for back of house functions. CITY -LED OPERATING MODEL — ADDITIONAL CONSIDERATIONS Standard Operating Procedures Staff recommend that a standard operating procedure (SOP) for facility allocation is developed and published openly. The SOP would support equitable access to the facility because there would be transparency in the event intake and scheduling process, and the information would be available to everyone. Page 16 of 19 Page 290 of 334 Important sections of the proposed facility allocation SOP would include: • Purpose and objectives (e.g., maximizing utilization) • Definition of groups (e.g., how groups are identified in the scheduling process) • General administration (e.g., how to submit requests) • Responsibility (e.g., who is responsible for decisions) • Allocation and distribution (e.g., the order of operations for scheduling) • Timing of allocation (e.g., when scheduling decisions are made) • Conflict resolution Support from A Non -Profit Organization Within the operating models, staff have identified the need to work with a non-profit organization with experience in performance venues. Green Light Arts (GLA) provided theatre management support to the KW Symphony and has supported the City in the operation of the CCPA since October 2023. The relationship between City staff and GLA is positive and productive, and arts organizations and clients have expressed their appreciation of GLA's efforts. Given their experience with the CCPA, staff recommend continuing to utilize GLA to deliver key mentorship services within the hybrid model, until June 30, 2026. This would ensure continuity and knowledge transfer as well as mentor support for emerging arts organizations. Note: In the City -led hybrid operating model, Green Light Arts (GLA) would continue to perform and assist with operational functions while the CCPA transitions to be fully operated by the City. As the City scales -up its operation, GLA would move from an operating role to a mentorship role — where incoming rental groups can lean into GLA as a support service. For example, GLA might have a meeting with new usergroups, guiding them through the "path of the presenter" in a professional theatre (e.g., operations, marketing, ticketing, etc.). In exchange for mentorship services, the City could provide GLA with opportunities at the CCPA that equate to the mentorship value provided (e.g., office space, rental rates, event dates) as well as an adjusted fee, if required. Following the initial service period, staff would have a better understanding of the mentoring needs and would issue a public request -for -proposals to allow other community arts organizations to bid on providing these services. City -Presented Performances To ensure the CCPA becomes fully utilized, the City cannot rely solely on rentals from third party organizations/presenters. The City should develop its own programming, similar to how it programs places like The Aud, the Kitchener Market, community centres, etc. This could come in the form of a live music or comedy series, booking touring artists, etc. To do so, staff will need a budget line which allows for moderate risk taking when booking prospective shows. Page 17 of 19 Page 291 of 334 Capital Improvements to the CCPA Although the CCPA is in adequate condition, there are state -of -good -repair (SOGR) needs that have been identified in recent Building Condition Assessments. Consultants will be retained by the City's Facility Management (FM) team as needed (e.g., elevator, floor loading, accessibility, rigging and hanging load capacity, etc.). Building enhancements for the CCPA that have been suggested from the community engagement work include improved sound and lighting systems, seating, and a reimagination of the lobby and bar area to create a more inviting, contemporary experience. IMPLEMENTATION If Council were to approve a City -led hybrid operating model, the following transitional changes would need to occur in the immediate term: First 6 -months The City's Culture & Entertainment team would continue to work with GLA (subject to their mutual agreement) to provide continuity of theatre operations. During this time, the City would begin recruitment of the full-time staff compliment. Staff would develop all the necessary fee schedules, operating procedures, etc. Staff would refine the operating agreement with GLA to reflect the new service delivery expectations. 2025 Budget As part of the 2025 budget, staff will provide new cost centre budgets to support the annual operations and ongoing capital needs. In addition, staff will propose one-time capital improvement needs to modernize the facility. Annual Reporting For the first 2 years of operations, staff will provide Council with annual updates to ensure the appropriate funding and staffing compliments are in place to ensure the community's mandate is being met. This will provide an opportunity to evaluate and adjust the services provided by City staff versus the third -party arts organization. STRATEGIC PLAN ALIGNMENT: This report supports Creating an Economically -Thriving City Together: Focuses on growing an agile, diverse local economy powered by talented entrepreneurs, workers & artists; creating opportunities for everyone and a resilient future that propels our city forward. Page 18 of 19 Page 292 of 334 FINANCIAL IMPLICATIONS: Operating Budget - High-level operating costs and projected revenues are included in the table under Part 3 and vary depending on the model selected. These numbers would need to be refined annually as the City gains more experience operating the facility. Based on the recommended model, staff project an annual operating cost of $382,000. Presently, Council is offsetting operating costs at the CCPA relative to annual grant funding earmarked for the KW Symphony. As the future of the KW Symphony and their need for funding remains uncertain, Council will need to consider adding new funding. As such, it is recommended that the financial implications of the CCPA be referred to the 2025 budget process. Capital Budget — the City currently does not have budget allocated to support capital improvements at the CCPA. Projections for capital needs would need to be integrated into the future capital forecast. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. CONSULT — Staff have surveyed past/future audience members as well as past/future presenters of performance art. Additionally, staff have consulted one-on-one with presenters who requested a follow-up meeting. COLLABORATE — Green Light Arts has provided operating support at the CCPA for the City since late 2023. During this time, the City has gained significant insights from their leadership and knowledge of the venue. PREVIOUS REPORTS/AUTHORITIES: • DSD -2021-167 - Conrad Center for the Performing Arts Interim Operating Model APPROVED BY: Dan Chapman, CAO ATTACHMENTS: Attachment A — CCPA Past/Future Audience Member Survey and Responses Attachment B — CCPA Past/Future Presenter Survey and Responses Page 19 of 19 Page 293 of 334 CCPA Operating Model Survey SURVEY RESPONSE REPORT 22 April 2024 - 24 May 2024 PROJECT NAME: Conrad Centre for the Performing Arts Operational Model •� ��• BANG THE TABLE .�,r engagementl !Q CCPA Operating Model Survey : Survey Report for 22 April 2024 to 24 May 2024 Page 1 of 17 Page 295 of 334 CCPA Operating Model Survey : Survey Report for 22 April 2024 to 24 May 2024 Q1 Have you ever visited the Conrad Centre for the Performing Arts (CCPA)? 85(35.7%) 7(2.9%) Question options 0 Yes No Do not remember Optional question (238 response(s), 0 skipped) Question type: Radio Button Question Page 2 of 17 146(61.3%) Page 296 of 334 CCPA Operating Model Survey : Survey Report for 22 April 2024 to 24 May 2024 Q2 About how many times have you visited the Conrad Centre? 3(2.1%) 4(2.7%) 27(18.5%) Question options 0 1 to 5 times 0 6 to 10 times 11 to 15 16 to 20 More than 20 times Optional question (146 response(s), 92 skipped) Question type: Radio Button Question Page 3 of 17 r�L W— 90 (61.6%) Page 297 of 334 CCPA Operating Model Survey : Survey Report for 22 April 2024 to 24 May 2024 Q3 What type of events have you attended at the Conrad Centre? (check all that apply) 100 1 95 90 80 70 60 50 is KM KU 1n Question options 0 Music • Theatre 0 Dance 0 Comedy 0 Other (please describe) Optional question (146 response(s), 92 skipped) Question type: Checkbox Question Page 4 of 17 36 Page 298 of 334 CCPA Operating Model Survey : Survey Report for 22 April 2024 to 24 May 2024 Q4 On average, how satisfied or unsatisfied were you with your previous experiences at the Conrad Centre? 1 (0.7%) Question options 40 Very satisfied 10 Satisfied 10 Neither satisfied nor unsatisfied 19 Unsatisfied 19 Very unsatisfied Optional question (146 response(s), 92 skipped) Question type: Radio Button Question Page 5 of 17 51(34.9%) Page 299 of 334 CCPA Operating Model Survey : Survey Report for 22 April 2024 to 24 May 2024 Q5 In 2023, what local culture and entertainment venues did you attend? (check all that apply) 160 140 120 100 80 60 40 20 Question options 40 1 did not attend any local venues 19 The Jazz Room 40 Maxwell's Concerts and Events The Registry Theatre 40 KW Little Theatre 19 Kitchener Market 10 Centre in the Square 19 Elements the Hub 10 Farm League Brewing 10 The Aud 40 Other (please describe) Optional question (235 response(s), 3 skipped) Question type: Checkbox Question Page 6 of 17 Page 300 of 334 CCPA Operating Model Survey : Survey Report for 22 April 2024 to 24 May 2024 Q6 In 2023, what local festivals or special events did you attend? (check all that apply) 100 90 80 70 60 50 40 30 20 10 73 68 85 Question options 40 1 did not attend any local festivals or events Kitchener Bluesfest 40 Uptown Waterloo Jazzfest 10 Kitchener Wayback Fest 10 Elora Riverfest 40 Guelph Hillside Fest 10 Waterloo Busker Festival Belmont Village Bestival 40 Grand Porch Party 10 A Kitchener Porch Party 40 Multicultural Festival KW Comedy Festival Impact Festival 0 Femme Folks Fest 0 Other (please describe) Optional question (228 response(s), 10 skipped) Question type: Checkbox Question Page 7 of 17 Page 301 of 334 CCPA Operating Model Survey : Survey Report for 22 April 2024 to 24 May 2024 Q7 In 2023, did you travel outside Waterloo Region for a performance? 10(4.2%) 52(21.9%) Question options Yes No Do not remember Optional question (237 response(s), 1 skipped) Question type: Radio Button Question Page 8 of 17 175(73.8%) Page 302 of 334 CCPA Operating Model Survev : Survev Report for 22 April 2024 to 24 Mav 2024 Q8 In 2023, what type of performances did you attend outside Waterloo Region? (check all that apply) 150 140 134 130 120 110 100 90 80 70 biw 50 40 30 ar 10 125 29 29 6 Question options Music Theatre Comedy Dance Other (please describe) Optional question (175 response(s), 63 skipped) Question type: Checkbox Question Page 9 of 17 Page 303 of 334 CCPA Operating Model Survey : Survey Report for 22 April 2024 to 24 May 2024 Q9 In 2023, about how many times did you travel outside Waterloo Region for performances? 36(20.7%) 9(5.2%) Question options 40 1 to 5 0 6 to 10 10 11 to 15 19 16 to 20 41 More than 20 Optional question (174 response(s), 64 skipped) Question type: Radio Button Question Page 10 of 17 r�L 111(63.8%) Page 304 of 334 Q10 In 2023, what cities did you visit for performances? (check all that apply) 160 144 140 120 100 80 60 4b` 2(, 103 Question options 0 Toronto • Hamilton • London 0 Stratford 0 Guelph 0 Other (please describe) Optional question (174 response(s), 64 skipped) Question type: Checkbox Question 43 Page 11 of 17 Page 305 of 334 CCPA Operating Model Survey : Survey Report for 22 April 2024 to 24 May 2024 Q11 What type of performances would you consider attending at the Conrad Centre? (check all that apply) 225 210 200 175 150 125 100 75 5t' 25 Question options Music Theatre Comedy Dance Optional question (232 response(s), 6 skipped) Question type: Checkbox Question 77 Page 12 of 17 Page 306 of 334 CCPA Operating Model Survey : Survey Report for 22 April 2024 to 24 May 2024 Q12 What is the maximum ticket price (including fees) you would be willing to pay to attend a performance at the Conrad Centre? 69(29.5%) 2(0.9%) Question options 40 1 would not be willing to pay 40 $1 to $25 40 $26 to $50 40 $51 to $75 40 More than $75 Optional question (234 response(s), 4 skipped) Question type: Radio Button Question Page 13 of 17 (49.1%) Page 307 of 334 CCPA Operating Model Survey : Survey Report for 22 April 2024 to 24 May 2024 Q13 What is your age? 16(6.9%) 43 (18 Question options 18 to 29 years old 40 30 to 39 years old 19 40 to 49 years old 40 50 to 59 years old ID 60 to 64 years old 65 years old and above 0 Prefer not to answer 0 Under 18 years old Optional question (231 response(s), 7 skipped) Question type: Radio Button Question Page 14 of 17 52(22.5%) Page 308 of 334 CCPA Operating Model Survey : Survey Report for 22 April 2024 to 24 May 2024 Q14 Do you identify as a member of any of the following groups? (choose all that apply) 140 130 120 110 100 90 80 70 60 50 40 30 19 20 10 42 Question options 2 132 Person with a disability Member of a racialized group 19 Immigrant or Refugee 19 2LGBTQ+ First Nations, Inuit or Metis 0 None of the above Prefer not to answer Optional question (226 response(s), 12 skipped) Question type: Checkbox Question Page 15 of 17 34 Page 309 of 334 CCPA Operating Model Survey : Survey Report for 22 April 2024 to 24 May 2024 Q15 Which of the following best describes your gender identity? (choose all that apply) 140 20 124 130 120 110 100 90 83 80 7U 60 50 4a 30 20 10 Question options Woman Man 40 Gender Fluid / Gender Queer 40 Non -Binary 19 Trans Woman 40 Trans Man Two -Spirit 0 Prefer not to answer 0 A gender not listed above (please describe): 0 1 do not identify with a gender Optional question (237 response(s), 1 skipped) Question type: Checkbox Question Page 16 of 17 Page 310 of 334 20 2 2 Question options Woman Man 40 Gender Fluid / Gender Queer 40 Non -Binary 19 Trans Woman 40 Trans Man Two -Spirit 0 Prefer not to answer 0 A gender not listed above (please describe): 0 1 do not identify with a gender Optional question (237 response(s), 1 skipped) Question type: Checkbox Question Page 16 of 17 Page 310 of 334 CCPA Operating Model Survey : Survey Report for 22 April 2024 to 24 May 2024 Q16 What are the first three digits of your postal code? (e.g., N2G) 3(1.3 9(3.8%) 10(4.3%) 28(12.0%) 12(5.1%) Question options N2A 0 N213 N2C N2E N2G N2H 40 N2M 40 N2N 40 N2P 19 N2R Other (please add your first three digits only): Optional question (234 response(s), 4 skipped) Question type: Radio Button Question Page 17 of 17 42(17.9%) Page 311 of 334 Conrad Centre for the Performing Arts - Operational Model Engagement SurveyMonkey for Presenters and Per -formers Q1 Name of company/presenting/performing group? Answered: 16 Shipped:1 RESPONSES Sonic Llnyon Records and Distribution Green Light Arts KITCHENER BLUES FESTIVAL - Kitchener Blues Community Inc Grand Philharmonic Choir Sam Nabi The Registry Theatre Unwrap Theatre Pinch Cabaret Good Company Productions Unwrap Theatre Grand River Film Festival Open Ears Festival Grand River Opera Home Range Dust and Soul Dance Rusty Nail Comedy Page 1 of 23 Page 312 of 334 Conrad Centre for the Performing Arts - Operational Model Engagement 5urveyMonkey for Presenters and Performers Q2 My general presentingiperformance discipline is (check all that apply): Ansvuered.16 Skipped:I Music Dance Theatre Comedy Other Other (please specify) 0% 10",5 20% 30% 40% 50% 60% 70% 80% 50% 100% ANSWER CHOICES RESPONSES Music 68.75% 11 Dance 31,25% 5 Theatre 37.500/b 6 Comedy 12.50% 2 Other 12,50% 2 Other (please specify) 25.00% 4 Total Respondents: 16 Page 2 of 23 Page 313 of 334 Conrad Centre for the Performing Arts - Operational Model Engagement 5urveyMonkey for Presenters and Performers Q3 Please enter your website and social media accounts Answered_ 16 Skipped: i ANSWER CHOICES RESPONSES Website 100.0096 16 Facebook 61.25% 13 Instagram 87.50% 14 Xfrwitter 37.50% 6 Tik Tok 12.50% 2 Page 3 of 23 Page 314 of 334 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Conrad Centre for the Performing Arts - Operational Model Engagement 5urveyMonkey for Presenters and Performers Q4 How many days did you present or perform in 2023? Answered. 15 Skipped:2 RESPONSES DATE 200 519/2024 8:57 PM 6 plus 10 for Blues in the Schools 511/2024 229 PM 8 4130/2024 1:41 PM 10 4/22/2024 5:02 PM 60 4/2212024 2:10 PM 6 4121!2024 8:54 PM —30 4/20/2024 8:23 PM —200 412012024 1:56 PM 9 4/2012024 9:22 AM 10 411912024 2:43 PM 4 4/1912024 2:15 PM 11 4/18/2024 4:58 PM 70 4118/2024 4:45 PM 5 4118/2024 4:38 PM 250+ 4118/2024 421 PM Page 4 of 23 Page 315 of 334 Conrad Centre for the Performing Arts - Operational Model Engagement SurdeyMonkey for Presenters and Performers Q5 How many scheduled rehearsal days did you have in 2023? I 2 RESPONSES Na �n1a 3 45 4 20 5 1 6 10 7 -50 8 15 9 0 10 4 11 30-35 12 0 13 40 Aiisuvered:13 Skipped:4 Page 5 of 23 DATE 51912024 8:57 PM 5/1/2024 2:29 PM 413012024 1:41 PM 412212024 2:10 PM 412112024 8:54 PM 412012024 8:23 PM 4120120241:56 PM 4/2012024 9:22 AM 4119120242:43 PM 411912024 2:15 PM 4/1812024 4:58 PM 411812024 4:45 PM 4118!2024 4:38 PM Page 316 of 334 Conrad Centre for the Performing Arts - Operational Model Engagement SurveyMonkey for Presenters and Performers Q6 What is the typical audience size for your presentations or performances? under 5❑. 50 to 100 100 to 150 150 to 200 over 200 ANSWER CHOICES under 50 50 to 100 1DO to 150 150 to 200 over 206 TOTAL Ansumred.15 Skipped:2 0% 10% 20% 30% 4M 50% 60% 70% 80% 50% 100% Page 6 of 23 RESPONSES SAW% 1 46.67% 7 20.00% 3 6.67% 1 2[1.0[3% 3 15 Page 317 of 334 Conrad Centre for the Performing Arts - Operational Model Engagement SurveyMonkey for Presenters and Performers Q7 What was your average ticket price (including fees) in 2023? Answered: 15 Skipped:2 under $25 525 to $40 $40 to $65 over $65 FREE A 0% 10°.5 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES under $25 33.33% 5 $25 to $40 53.33% S $40 to $65 0.00% 0 over $65 0.00% 0 FREE 13.33% 2 TOTAL 15 Page 7 of 23 Page 318 of 334 Conrad Centre for the Performing Arts - Operational Model Engagement SurveyMonkey for Presenters and Performers Q8 What ~,eras the average daily venue rental rate you paid in 2023? Ai svv.Ieci. 1S Skipped: ` under$500 $500 to $800 - $800 to $1,200 $1,200 to $2,500 over $2,500 0% 10% 20% 30% 40% 50% 80% 70% 80% 90% 100% ANSWER CHOICES RESPONSES under $500 73.33DA 11 $500 to $800 13.33% 2 $800 to $1,200 13.33DA 2 $1,200 to $2,500 0.00% 0 over $2,500 0.00% 0 TOTAL 15 Page 8 of 23 Page 319 of 334 Conrad Centre for the Performing Arts - operational Model Engagement SurveyMonkey for Presenters and Performers Q9 What is your projected number of performance days in 2024? Answered: 15 Skipped:2 below 2023 levels aboutthe: as above2023 levels 0% 101% 20% 30% 40% 50% So% 70% 80% 9095 100% ANSWER CHOICES RESPONSES bepow 2023 levels 0.00% 0 about the same as 2023 6$•67% 10 above 2023 levels 33.33% 5 TOTAL_ 15 Page 9 of 23 Page 320 of 334 Conrad Centre for the Performing Arts - Operational Model Engagement 5urveyMonkey for Presenters and Performers Q10 When you present or perform, what support do you require from the venue? Please check all that apply. Answered: 15 Skipped 2 Mone of the above Lighting production Sound production Rehearsal space Dressing rooms office space - Ticketing - Marketing Insurnace Concessions staff Ushers Lighting technician Sound technician other (please specify) 0% 10% 20% 30% 4090 50% 60°! 70% 80% 901% 1OM!. Page 10 of 23 Page 321 of 334 ANSWER CHOICES RESPONSES None of the above 26.67DA 4 Lighdng production 53.3396 a Sound production 44.0096 6 Rehearsal space 20.0096 3 Dressing rooms 53.33% a Office space 13.33% 2 Ticketing 26.67% 4 Marketing 13.33% 2 I ns umac a 13.33% 2 Concessions 26.67% 4 Staff 13.339ti 2 Ushers 33.33% 5 Lighting technician 40.00% 6 Sound technician 33.33% 5 Other (please specify) 6.67% 1 Total Respondents: 15 Page 11 of 23 Page 322 of 334 Conrad Centre for the Performing Arts - Operational Mode! Engagement SurveyMonkey for Presenters and Performers Q11 What is the average length of time required for load -in and set-up? Answered. 14 Skipped. 3 k RESPONSES DARE 1 4 51912024 8:57 PM 2 1.5 days 5/112024 2:29 PM 3 10 hours 4130/20241:41 PM 4 3 hours 4!22(2024 5:02 PM 5 4-8 hours 4122/2024 2:10 PM 6 1 hour 4121/2024 8:54 PM 7 3 hours 4/20/2024 8:23 PM 8 4-5 hours 4120!2024 1:56 PM 9 1 hour 4119/2024 2:43 PM 10 4 hours 411912024 2:15 PM 11 Half day 411812024 4:58 PM 12 Wminimal 4118!2024 4:45 PM 13 1 or 2 days if lighting has not been set previously 4/1812024 4:38 PM 14 30 minutes 411912024 4:21 PM Page 12 of 23 Page 323 of 334 Conrad Centre for the Performing Arts -Operational Madel Engagement 5urveyMonkey for Presenters and Performers Q12 Have you presented or performed at the CCPA? Answered. 15 Skipped: 2 Yes No Other (please specify) 0% 10% 20% 30% 40% 50% 601% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 40.00% 5 No 53.33% a Othef (please specify) 6.67% 1 TOTAL 15 Page 13 of 23 Page 324 of 334 Conrad Centre for the Performing Arts - Operationai Model Engagement SUrveyMonkey for Presenters and Performers Q13 If yes, tell us about your experiences. Answered:6 Skipped: 11 ANSWER CHOICES RESPONSES Positive attributes 100,00% 6 Challenges 83.330Ja 5 4 POSITIVE ATTRIBUTES DATE 1 WE had it as a coaling center in 2014, 15 5,+112024 2:29 PM 2 Easily accessible 413412024 1:41 PM 3 Beautiful venue and layout, friendly and helpful staff, great location 4120/2024 922 AM 4 perfect size theatre for classical artists. Space provides lots of options for staging. Central 4119/2024 2:15 PM location in downtown. 5 I'm thinking of the Alliance for a Grand Community "Rally" co -presented with KW Symphony 4/1812024 4:45 PM more than a decade ago. Ambience, accoustics, alv equipment, staffing, accessibility all very positive 6 great venue 4/18/2024 421 PM 4 CHALLENGES DATE 1 Acoustic, lighting, 4130/2024 1:41 PM 2 Uneven and unclear floor including nails and dangers, expensive 4/24/2024 922 AM 3 Projector is loud and right over audience heads. Historically expense and the ala carte system 4/1912024 2:15 PM made for surprise charges. 4 limited space, especially configured for tattles of 8 4118/2024 4:45 PM 5 getting people downtown Kitchener 4/18/2024 4:21 PM Page 14 of 23 Page 325 of 334 Conrad Centre for the Performing Arts - Operational Model Engagement SurveyMonkey for Presenters and Performers Q14 If no, would you consider presenting or performing at the CCPR? Yes No if na, why not? 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 92.31% 12 No 0.00% 0 If no. why not? 7.69% 1 TOTAL 13 Page 15 of 23 Page 326 of 334 Conrad Centre for the Performing Arts - Operational Model Engagement SurveyMonkey for Presenters and Performers Q15 The Conrad Centre has a 100 person -capacity venue separate from the theatre (Blair Room) that can be booked for smaller performances or rehearsals. How interested are you in booking this option? Answered. 15 Skipped:2 Very So mew hat Not at all other (please specify) ANSWER CHOICES Very Somewhat Not at all Other (please specify) TOTAL 0% 10% 20% 30% AO% 50% 60% 70% 80% 90% 100% Page 16 of 23 RESPONSES 53.33% 13.33% 13.33% 8 2 2 15 Page 327 of 334 Conrad Centre for the Performing Arts - Operational Modei Engagement 5urveyMonkey for Presenters and Performers Q16 How interested are you in presenting performances on off-peak evenings (Mon -Wed) at a lower booking cost than peak evenings (Thurs- Sun)? Answered. 15 Skipped:2 Very Somewhat Not at all other (please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Very 20.00% 3 Somewhat 46.67% 7 Not at all 20.017%� 3 Other (please specify) 13.33% 2 TOTAL 15 Page 17 of 23 Page 328 of 334 Conrad Centre for the Performing Arts - Operational Model Engagement 5unveyMonkey for Presenters and Performers Q17 The use of the CCPR should prioritize (Rank in order of importance): Answered: 16 Skipped: l Local performances Touring performances Performances that reflect the diversit... Established talent Emerging talent Other 0 1 2 3 4 5 6 7 8 9 10 Page 18 of 23 Page 329 of 334 1 2 3 4 5 6 TOTAL SCORE Local performances 81.25% 0.00% 6.25% 6.25% 6.25% 0.00% 13 0 1 1 1 D 16 5.44 Touring performances 18.75% 18.75% 6.25% 6.25% 37.50% 12.50% 3 3 1 1 5 2 16 3.38 Performances that reflect the diversity of the 0.00% 43.75% 31.25% 18.75% 6.25% 0.00% region 0 7 5 3 1 0 16 4.13 Established talent 0.00% 31.25% 12.50% 43.75% 12.50% 0.00% 0 5 2 7 2 0 16 3.63 Emerging talent 0.00% 6.25% 37.50% 25.00% 25.00% 6.25% D 1 5 4 4 1 16 3,13 other 0.00% 0.00% 6.250)b 0.000/a 12.50% $1.25% 0 D 1 0 2 13 16 1.31 Page 18 of 23 Page 329 of 334 Conrad Centre for the Performing Arts -Operational Model Engagement SurveyMonkey for Presenters and Performers Q18 What gaps could the Conrad Centre fill in the regional culture and entertainment landscape? (Rank in order of importance) Answered: 15 Skipped:2 performance opportunities forlocaL.. rehearsal space for local performers a safe, welcoming space for diverse... presentation of tour i ng act s attraction of tourism activation of downtown Kitchener other © 1 2 3 4 5 6 7 a 9 10 Page 19 of 23 Page 330 of 334 1 2 3 4 5 a 7 TOTAL SCORE performance opportunities for local 53.3395 20.00% 13.33°% 6.67% 0.0090 6.6795 0.0095 Performers 8 3 2 1 0 1 0 15 6.00 rehearsal space for local performers 6.67% 40.00% 13.33% 20.00% 6.67% 6.67% 6.67% 1 6 2 3 1 1 1 15 4.73 a safe, welcoming space for diverse 13.33% 20.00% 33.33% 26.67% 6.67% 0.0095 0.0090 audiences and performers 2 3 5 4 1 0 0 15 5.07 presentation of touring acts 13.33% 0.00% 13.33% 20.00% 33.3395 20.0095 0.0095 2 0 2 3 5 3 0 15 3.80 attraction of tourism 0.0090 6.67% 6.67% 0.00% 20.0095 60.00°/0 6.6795 0 1 1 0 3 9 1 15 2.60 activation of downtown Kitchener 13.33% 13.33% 20.00% 26.67% 26.67% 0.00% 0.00% 2 2 3 4 4 0 0 15 4.60 other 0.00% 0.00% 0.00% 0.0090 6.67% 6.67% 86.6795 0 0 0 0 1 1 13 15 1.20 Page 19 of 23 Page 330 of 334 Conrad Centre for the Performing Arts - Operational Model Engagement SurveyMonkey for Presenters and Performers Q19 For the Conrad Centre to be successful, it must: (Rank in order of importance) Answered. 13 Skipped:4 he affordable for presenters and audiences understand community expectations present; performances that will., provide equitable access to... other 0 1 2 3 4 5 6 7 S 9 10 Page 20 of 23 Page 331 of 334 1 2 3 4 5 TOTAL SCORE be affordable for presenters and audiences 76.92% 7.69% 7.69% 7.69% 0.00% 10 1 1 1 0 13 4.54 understand community expectations 7.69% 23.0890 38.46% 34.7790 OMDA 1 3 5 4 0 13 3.08 present performances that will attract audiences 7.69% 38.46% 15.38% 38.4690 0.00% 1 5 2 5 0 13 3.15 provide equitable access to diverse presenters and 0.00% 30.77% 38.46% 23.08% 7.6990 performers 0 4 5 3 1 13 2.92 other 7.6990 0.00% 0.00% 0.00% 92.31% 1 0 0 0 12 13 1.31 Page 20 of 23 Page 331 of 334 1 2 3 4 1.1 a 10 11 12 13 Conrad Centre for the Performing Arts - Operational Model Engagement SurveyMonkey for Presenters and Performers Q20 In order for your performance to be Friable, what is your approximate daily budget for venue expenses? Answered 13 Skipped_4 RESPONSES DATE 500 5/912024 8:57 PM Budget is not primary focus, room, seating, sound and facilities 511!2024 2:29 PM Split of Ticket 1 Concession sales — reduces up front ask 4122/2024 5:02 PM $80041000 4122/2024 2:10 PM $150 412012024 8:23 PM Less than $704 - we do everything in-house and need control. 4120120241:58 PM 800 4120/2024 9:22 AM $500 4/1912024 243 PM $1000 4/19/2024 2:15 PM 400-500 4118!2024 4:58 PM n1a 4/1812024 4:45 PM 500-800 daily rnax 4/1812024 4:38 PM not sure 4/18/2024 4:21 PM Page 21 of 23 Page 332 of 334 Conrad Centre for the Performing Arts - Operational Mode! Engagement 5urveyMonkey for Presenters and Performers Q21 As a City -owned venue, there is a broader vision to maximize utilization of the Conrad Centre for live performances at a reasonable cost, while minimizing the impact to the local tax base. With that context in mind, how would you like to see the CCPA used going forward? 1 2 3 4 5 6 7 8 9 10 11 12 13 Answered: 13 Skrpped:4 RESPONSES DATE Music is a driver of economic benefit and spin Off 519/2024 8:57 PM We would like to add it as a performance space during the Festival, including as well the 511/2024 229 PM Registry Theatre. Rehearsal spaces are increasingly difficult to find in Waterloo Region. AlloWng it to be used 4/30/2024 1:41 PM Broaden scope of performances to include more music, conferences, panel discussions, as 4/2212024 5:02 PM well as theatre Managed by a co-operative of artists around a mission to see the space equitably distributed 4/2212024 2:10 PM at an affordable rate. $0 cost rentals for established performing arts presenters and producers 4/20/2024 823 PM The city needs to invest serious $ if they want this to become a viable venue at -scale. We 4120120241:5$ PM need to talk about this, not Write about it. Local performances 411912024 2A3 PM continued support for presenting orgs such as NUM US. MT Space, Green Light, NERUDA etc. 4/1912024 2:15 PM Interested to know if the city grant for assistance with venue costs still exists or will he 411812024 4:58 PM continued I'm interested in ancillary uses of the centre as a special kind of community centre, with Home 4/1812024 4:45 PM Range as a co -presenter with the Conrad, the City, Green Light andlor any other organization or pro)ect affiliated with the CC in some way. rehearsal space offered for very small budget= 101 hr, Having local talent presnted yearly on 4)1812024 4:38 PM peak evenings, more dance performances Tough to say 4/1812024 4:21 PM Page 22 of 23 Page 333 of 334 Conrad Centre for the Performing Arts -Operational Model Engagement 5urveyMonkey for Presenters and Performers Q22 Would you like to schedule a follow-up, 1 -on -1 meeting with Arts & Creative Industries staff? Answered. 13 Skipped:4 Yes No If yes, pleas enter your nam and email. 0% 10% 20% 30% 40% 50% 50% 70% 80% 90% 100% ANSWER CHOICES Yes No If yes, please enter your name and email address. TOTAL Page 23 of 23 RESPONSES 23.081/103 15.3B% 2 61.54% 8 13 Page 334 of 334