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HomeMy WebLinkAboutCRPS-07-015 - Accountability & Transparency Committee - Terms of ReferenceJ ~~~ KITCHF.NF R ~ ~ Corporate Services Report To: Chair Vrbanovic and Members of the Finance & Corporate Services Commitee Date of Meeting: January 29, 2007 Submitted By: R. Gosse, Director of Legislated Services/City Clerk Prepared By: R. Gosse Ward(s) Involved: n/a Date of Report: January 22, 2007 Report No.: CRPS-07-015 Subject: ACCOUNTABILITY & TRANSPARENCY COMMITTEE - TERMS OF REFERENCE RECOMMENDATION: That the Accountability and Transparency Committee be established based on the Terms of Reference attached to Corporate Services Department report CRPS-07-015. BACKGROUND: On August 21, 2006, Council adopted a recommendation contained in Corporate Services Department report CRPS-06-117, dated August 4, 2006, instructing staff to 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 accountability and transparency of the operations of the City. REPORT: In the time since report CRPS-06-117 was submitted to Council Bill 130, an Act to amend various Acts including the Municipal Act, was given Royal Assent and came into law as of January 1, 2007. Part V.1, Accountability and Transparency is now part of the Municipal Act and authorizes 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. In addition, the amended Act now allows any person to request an investigation of compliance by the City with respect to closed meetings. The investigation would be undertaken by a City appointed investigator or, if the City doesn't appoint an investigator, by the Ontario Ombudsman. Although these actions are authorized under the amended Municipal Act, they are not mandatory yet; Clause 224 of the Act now reads: [Role of Council] 224(d); "to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council;" and 224(d.1); "to ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality;" In order to meet the intent of the amended clause 224, it was recommended and the previous Council agreed to establish a committee to review the new Part V.1 of the Act and develop policies and make recommendations. The Committee It is being proposed that the Accountability and Transparency Committee be comprised of representatives from: Council; Staff; the public; and, the news media. Due to the complex nature of the topic, it is suggested that representatives from the public have certain qualifications and/or background in some of the following areas: political science; public administration; ethics; policy development; governance; or any other area that would be an asset to the committee. The proposed mandate of the committee will include: • Review Part V.1 of the Municipal Act • Review current policies/practices and by-laws of the City pertaining to Code of Conduct, Confidentiality, Accountability and Transparency and to include the Procedural By-law • Review current policies and practices of other municipalities on this matter • Develop a Code of Conduct for Council and Staff for Council's consideration • Develop an Accountability and Transparency policy for Council's consideration • Make recommendations to Council relating to the appointment of the positions outlined in Part V.1 of the Act • Make recommendations to Council regarding any amendments to the Procedural By-law It is anticipated that the Committee will take at least 12 months to complete its mandate based on regular monthly meetings and strong support from staff. It is not anticipated that all recommendations from the Committee be given only after the project has been completed; various aspects of the mandate could be presented to Council throughout the year. FINANCIAL IMPLICATIONS: n/a COMMUNICATIONS: To fill the positions on the committee from the public and the media, it is proposed that an AD run in the local newspaper and be posted on the City's web site, requesting qualified and interested individuals to make application to sit on the committee. In addition the local news media will be directly solicited via letter. Applications will be submitted to Council for appointment. R. Gosse -Director of Legislated Services ACCOUNTABILITY AND TRANSPARECNCY COMMITTEE TERMS OF REFERENCE January 2007 Purpose and Scope: To review Part V.1 of the Municipal Act, as amended, and make recommendations to City Council on policies, procedures and/or by-laws that will ensure the accountability and transparency of the operations of the City, including the activities of Council and Senior Management. Composition: The composition of the Committee will be: • The Mayor or designate • A Councillor • 2 members of the public • A representative of a local news media company • The Chief Administrative Officer or designate • The General Manager of Corporate Services • The City Solicitor • The City Clerk Council will endeavour to select the members of the public who have qualifications or background in: political science; public administration; ethics; policy development; governance; or skills that would be deemed an asset to the committee. The Committee will be supported by a staff person who will act as committee administrator and resource person. The Departments of the City will be expected to participate when requested by the Committee. Mandate: • Review Part V.1 of the Municipal Act • Review current policies/practices and by-laws of the City pertaining to Code of Conduct, Confidentiality, Accountability and Transparency and to include the Procedural By-law • Review current policies and practices of other municipalities on this matter • Develop a Code of Conduct for Council and Staff for Council's consideration • Develop an Accountability and Transparency policy for Council's consideration • Make recommendations to Council relating to the appointment of: o Integrity Commissioner o Ombudsman o Auditor General • Make recommendation on the need for a lobby registration and Registrar • Make recommendation on how an investigation may take place under Section 239 of the Act or the Procedural By-law (closed meetings) • Make recommendations to Council regarding any amendments to the Procedural By-law