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Home My WebLink AboutCLD-036-07 Addendum UNFINISHED BUSINESS C!NJ.l!gton REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE November 19, 2007 Ke50IIA~-O(l:#-6Pf}--b5b-OJ Date: Report #: Addendum to Report CLD-036-07 File#: By-law #: 2007-231 Subject: MEETING INVESTIGATOR - CLOSED MEETINGS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT the Addendum to Report CLD-036-07 be received; 2. THAT Report CLD-036-07 be received; 3. THAT a by-law be forwarded to Council to appoint Local Authority Services Ltd. (LAS) as the meeting investigator In accordance with section 239.1 of the Municipal Act, 2001, and 4. THAT LAS be advised of Council's decision. .{/vc~ Submitted by: Pe!!!J<. a , CMO Municipal Clerk O~~~ Reviewed by: Franklin Wu, Chief Administrative Officer PLS* CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, SOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: ADDENDUM to CLD-036-07 PAGE 2 OF 4 Backoround At its meeting held on November 5,2007, the General Purpose and Administration Committee considered and referred Report CLD-036-07 back to staff for further information. A copy of Report CLD-036-07 is included for information as Attachment NO.1. Cost Recoverv Report CLD-036-07 recommended that the Municipality enter into an agreement with Local Authority Services Ltd. (LAS) to provide the service of a meeting investigator. LAS is offering this service to municipalities across the province at a cost of $1250/day plus travel expenses and other "out of pocket" expenses. Committee was questioning whether or not the costs of an investigation can be recovered from the individual filing the investigation request. The legislation does not provide for the Municipality to recover the costs from the applicant. Ombudsman's Office Should a municipality not appoint a meeting investigator, the legislation indicates that the Provincial Ombudsman, by default, becomes the investigator. The Ombudsman's office has advised that they will be completing these investigations at no cost to either the municipality or to the person bringing the complaint to their office. REPORT NO.: ADDENDUM TO CLD-036-07 PAGE 3 OF 4 Other Municipalities For Committee's information, the following outlines the actions of the municipalities within the Region of Durham with respect to this matter: Survey - Area Municipalities Closed Meeting Investigator Municipality Report to LAS Fee Comments Council Service Ajax No Yes Nov. 22 - Committee Dec. 10 - Council Brock Yes Yes $25 Clarington No Yes Report referred back from Committee -pursuing allowing the Oshawa No No No Ombudsman to perform closed meetings Report going forward to Pickering No No Committee - Nov. 12- Recommending Provincial Ombudsman Scugog Yes Yes Under Report approved Nov. 5, 2007 Review Uxbridge Yes Yes $25 Report approved by Council Nov. 5,2007 Whitby Region Yes Yes TBD Report passed at Council Oct. 31, 2007 Oct. 19,2007 Revised Nov. 6, 2007 REPORT NO.: ADDENDUM to CLD-036-07 PAGE 4 OF 4 Reauest Fee Following consideration of Report CLD-036-07, communication was received from the Association of Municipalities of Ontario in which they recommend that municipalities initially not charge a fee for filing an investigation report. Accordingly, staff is recommending that the $25 fee as originally recommended not be charged. Should there be an onslaught of frivolous requests filed, this matter can be revisited. Interested parties to be advised of Council's decision: Local Authority Services Attachment No. 1 to Addendum to Report CLD-036-07 CI~mglOn REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTE!:., ~K::-:X~\A.-h OY> ~6 ~,.:)-",?b- 0 7 November 5. 2007 bd7-cY, Date: Report #: CLD-036-07 FlIe#: By-law #: Subject: MEETING INVESTIGATOR - CLOSED MEETINGS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-036-07 be received; 2. THAT a by-law be forwarded to Council to appoint Local Authority Services Ltd. (LAS) as the meeting investigator in accordance with section 239.1 of the Municipal Act, 2001 and to provide for a $25.00 requester fee for meeting investigations; and 3. THAT LAS be advised of Council's decision. Submitted by: c)~-~ Reviewed by: Franklin Wu, Chief Administrative Officer PLB* CORPORATION OF THE MUNICIPAUTY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-65~~ REPORT NO.:CLO-o36-o7 PAGE 2 OF 5 Backaround Section 239 of the Municipal Act, 2001 (the Act) provides that all meetings of Council, committees of Council and boards appointed by Council must be open to the public, with the exception that a meeting may be closed to the public for the purpose of considering the following matters: (a) security of the property of the municipality or local board; (b) personal matters about an identifiable individual, including municipal or local board employees; (c) a proposed or pending acquisition or disposition of land by the municipality or local board; (d) labour relations or employee negotiations; (e) litigation or potential litigation. including matters before administrative tribunals, affecting the municipality or local board; (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; (g) a matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act; (h) for the purpose of educating or training the members, providing no member discusses or otherwise deals with any matter in a way that materially advances the business or decision- making of the council, local board or committee. On January 1, 2008, section 239.1 of the Act comes into effect which permits any person to request an investigation be undertaken to determine whether a municipality or local board (excluding a library board), or a committee of either, has complied with the closed meeting rules contained within the Act. Section 239.2 authorizes a municipality to appoint an investigator to conduct a review of any requests which may be made by the public. Should a municipality choose not to appoint an investigator, reviews will be conducted by the office of the Ombudsman of Ontario. REPORT NO.:CLD-036-07 PAGE 3 OF 5 Proposal Local Authority Services Ltd. (LAS) is a wholly-owned subsidiary of The Association of Municipalities of Ontario (AMO) which supports municipalities and the broader public sector by delivering programs and services that leverage economies-of-scale and co-operative procurement efforts. LAS is offering a meeting investigator service and have forwarded a proposal to all municipalities in the province. Should a municipality choose to enter into an agreement with LAS for the delivery of this service, a standard by-law is provided by LAS which incorporates an agreement between LAS and the municipality. This by-law reflects the intention of LAS to delegate its authority to a third-party company (Amberley Gavel Ltd.) who will provide a panel of Review Officers who will conduct investigations. All Review Officers are familiar with municipal government and are required to participate in training regarding municipal and local board meeting processes, as well as investigative processes. A list of all Review Officers will be available to program members. The LAS investigation process will be as follows: . A person files a request for investigation with the Clerk. . The Clerk forwards the following information to the Investigator: }> the original request for investigation }> certified copies of the municipal procedure by-law, notice policy, notice of the meeting }> certified copies of the agenda with all relevant attachments for the meeting and the minutes of the meeting }> contact list for all members of Council, local board, or committee for which the request is made and for all persons present at the meeting )> such other information determined to be relevant by the Clerk or by LAS REPORT NO.:CLD-036..o7 PAGE 4 OF 5 . The Initial review by the investigator may result in the individual withdrawing the request, a decision not to proceed with reason, or a decision to proceed with the investigation. . In the case of withdrawal, or decision not to proceed, the investigator notifies the parties. . If the decision is to proceed, a Review Officer is assigned and an investigation is performed. . A draft report is filed with the investigator for review . If circumstances warrant, the municipality or local board will be given a formal hearing opportunity. . A final report is prepared and submitted to the council, or local board and council, and posted on the investigator website. LAS Fees There are two types of fees with respect to the agreement with LAS. The first is a retainer fee of $600 which covers the 2-year term of the agreement. This retainer allows for educational materials to be developed and provided to municipalities and local boards and also covers administrative overhead. The second fee is the daily rate for actual investigations. Fees for an investigation will be billed hourty, based on $1250/day (+ all applicable taxes) plus travel expenses and other "out of pocket" expenses (ie, meals, accommodation and administration such as copying). Review Officers will be located geographically around the Province to minimize costs to municipalities. In addition to the meeting investigator service, LAS will provide the municipality with a password. protected website that will provide a variety of information resources including access to all reports made to date, as well as information on the panel of Review Officers and information and suggestions on closed meetings as part of an ongoing education program. REPORT NO.:CLD..o36..o7 PAGE 5 OF 5 Reauester Fees In accordance with Part XII of the Act, a municipality can establish fees for requesting an investigation. Upon receipt of a request, staff time will be required to prepare the information package that is to be forwarded to LAS. It is, therefore, recommended that a request fee of $25 be established. Recommendations At this time, municipalities are unaware of the number of requests that may be received once the legislation comes into effect on January 1 ,2008. It is recommended that the municipality enter into an agreement with LAS for the investigation services rather than default to the Provincial Ombudsman or appoint a specific individual. The initial term of the agreement will be for two years, ending on December 31, 2009. At that time, the municipality will be able to review the services provided and determine whether to continue with the agreement or pursue other alternatives for the service delivery. As noted above, it is also recommended that the municipality charge a $25.00 fee for the filing of a request. Upon approval of the recommendations contained herein, a by-law will be forwarded to Councii authorizing the Mayor and Municipal Clerk to execute the agreement. Interested parties to be advised of Council's decision: Local Authority Services