HomeMy WebLinkAboutCRPS-06-117 - Accountability & Transparencyl
Krrc~~R - •
Corporate Services
Report To: Chair Vrbanovic and Members of the Finance & Corporate
Services Commitee
Date of Meeting: August 21, 2006
Submitted By: R. Gosse, Director of Legislated Services/City Clerk
Prepared By: R. Gosse
wards} Involved: n/a
Date of Report: August 4, 2006
Report No.: CRPS-06-117
Subject: ACCOUNTABILITY & TRANSPARENCY
RECOMMENDATION:
That staff submit a report to the Finance and Corporate Services Committee in January 2007,
outlining the structure and mandate of a Committee that will develop comprehensive policies,
procedures and/or by-laws to ensure the accountability and transparency of the operations of
the City including Council and City Staff.
BACKGROUND:
On January 9, 2006 Council requested staff to report as to how an Integrity Commissioner
position might be incorporated into the City's existing corporate structure. To be included in the
report is the matter of a dual staff role should the commissioner be a member of staff and how
that could affect their relationship with Council.
REPORT:
On June 15, 2006, the Minister of Municipal Affairs and Housing introduced Bill 130 to amend
the Municipal Act, The Bill proposes, amongst other things, to create a new Part V.1 in the
Municipal Act titled Accountability and Transparency. This new Part will authorize municipalities
to establish a Code of Conduct and to appoint: an Integrity Commissioner; a Registrar
responsible for a lobby registration; an Ombudsman; and, an Auditor General. Although these
appointments and the Code of Conduct are not being proposed as mandatory requirements, as
is the case with the City of Toronto; the Bill establishes rules and procedures that must be
followed should any of the appointments be made or a Code of Conduct be established.
The Bill also proposes to the amend the Act as follows:
• Clause 224 (Role of Council) subsection (d) amended to read; "to ensure that
administrative policies, practices and procedures and controllership policies, practices
and procedures are in place to implement the decisions of council;"
• Clause 224 to add subsection (d.1 } as follows: "to ensure the accountability and
transparency of the operations of the municipality, including the activities of the senior
management of the municipality;"
• Clause 225 (Role of head of Council) subsection (b} replaced with the following: "to
preside over council meetings so that its business can be carried out efficiently and
effectively;"
• Clause 225 to add subsection (c.1 } as follows: "without limiting clause (c} (provide
leadership to the council), to provide information and recommendations to the council
with respect to the role of council described in clauses 224 (d} and (d.1 };"
• The Procedural By-law to provide for public notice of meetings
• Allow electronic participation in a Council meeting by a member of Council
• Requirements to hold an investigation on behalf of a member of the public regarding an
in-camera meeting
• Required policies for:
o public notices;
o the manner to ensure accountability and transparency of the municipality;
o the manner to ensure that the rights, including property and civil rights, of persons
affected by a decision are dealt with fairly; and,
o the delegation of Council's power and duties.
• Clause 239 (Meetings open to public) to add subsection (3.1 } as follows: "A meeting may
be closed to the public if, at the meeting, no member of the council or local board or
committee of either of them, as the case may be, discusses or otherwise deals with any
matter in a way that materially advances the business ordecision-making of the council,
local board or committee."
• Add new clause 239.1 as follows: "A person may request that an investigation of
whether a municipality or local board has complied with section 239 (Meetings) or a
procedure by-law in respect of a meeting or part of a meeting that was closed to the
public be undertaken, (a) by an investigator referred to in subsection 239.2; or (b} by the
Ombudsman appointed under the Ombudsman Act, if no investigator is appointed..."
There are additional sections (239.2) being proposed to appoint an investigator and the
procedures and rules to be followed in the case of an investigation.
Bill 130 proposed to make significant amendments to the Municipal Act and appears to address
some of the issues raised over the past few years with respect to accountability, transparency
and Council procedures. Should the Bill be passed there are many legislated changes that the
City will have to undertake in order to comply with the Act. If the Bill is not passed or is passed
without the amendments dealing with accountability and transparency, it is being recommended
that the City undertake an initiative to investigate and implement the general intent of the Bill's
proposed accountability and transparency sections.
Although Council has requested that a report be submitted with respect to an Integrity
Commissioner for the City, it is suggested that rather than restricting our focus on this one
position, that a comprehensive review of current policies and procedures in the whole area of
accountability and transparency be undertaken with the goal of establishing policieslprocedures
and guidelines to meet the intent of Bill 130. In order to accomplish this complex initiative it is
being recommended that a committee be struck to review the current policies, procedures and
by-laws of the City and to investigate best practices of other municipalities. The mandate of the
committee will be to make recommendations on amending and/or introducing new policies,
procedures and/or by-laws that will make up a comprehensive accountability and transparency
policy for Council and municipal staff.
Being that 2006 is an election year it is also recommended that a report outlining the structure
and mandate of such a committee be submitted to the newly elected Council in January 2007.
The initial proposal is to have representation from senior management, Council and the public
as members of the committee and to have a final report for Council's consideration by the end
of 2007. It should be noted that if Bill 130 is passed there may be regulations regarding
timelines imposed for the legislated.
FINANCIAL IMPLICATIONS:
nla
R. Gosse - Director of Legislated Services/
City Clerk