HomeMy WebLinkAboutCLD-042-07
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REPORT
CLERK'S DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE -M b 9
December 3, 2007 ~<z:sol~-hon qPff- 7 -07
Date:
Report #: CLD-042-07
File#:
By-law #:
Subject:
ACCOUNTABILITY AND TRANSPARENCY
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-042-07 be received;
2. THAT the Accountability and Transparency Policy be approved by Council;
3. THAT the Accountability and Transparency Policy and all other supporting Corporate
Policies be available for public access through the Municipal Clerk's Department;
4. THAT the Accountability and Transparency Policy and all other supporting Corporate
Policies be posted on the Municipality of Clarington Website; and
5. THAT Council not proceed with appointment of an Integrity Commissioner,
Ombudsman, or Auditor General, at this time.
CJ~~
Reviewed by: Franklin Wu,
Chief Administrative Officer
PLB*
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.: CLD-042-07
Page 2
1.0 Backaround
In March, 2007 Council considered and received for information Report CLD-012-07 which
provided summary discussion of the amendments to the Municipal Act, 2001, as amended.
Many of the amendments to the Act speak to accountability and transparency principles. This
Report speaks further to Report CLD-012-07 respecting accountability and transparency.
Section 270(1), paragraph 5, of the Municipal Act, S. O. 2001, as amended, requires all
municipalities to adopt and maintain policies for "the manner in which the municipality will try to
ensure that it is accountable to the public for its actions and that its actions are transparent to
the public".
To comply with the requirements of the Act, accountability and transparency are understood to
mean:
a) Accountability includes the principle that the Municipality of Clarington is responsible to
its stakeholders for decisions made and policies implemented, as well as its actions or
inactions.
b) Transparency includes the principle that the Municipality of Clarington actively
encourages and fosters stakeholder participation, clarity and openness in the decision making
processes.
Based on these principles and definitions, the elements of accountability and transparency
have been well-established within the Municipality of Clarington through various by-laws and
policies adopted by Council. Some matters, such as the Municipal Freedom of Information
and Protection of Privacy Act and Municipal Conflict of Interest Act, have been legislated by
the Province of Ontario and the requirements of the legislation have been followed for many
years. Listed below are examples of how the Municipality of Clarington demonstrates
Accountability and Transparency in our standard operating and decision making practices.
2.0 Accountability - Throuah Practices
Examples, to date, of demonstrated accountability practices include:
i) Standard procedure governing duties, responsibilities and meetings of Council and
Committee;
ii) Access to Council and Committee meeting agendas and minutes;
iii) Open meetings;
iv) Procedure for Closed meeting compliance investigations;
v) Procedures respecting access to municipal records and protection of personal privacy
in accordance with the Municipal Freedom of Information and Protection of Privacy Act
(MFIPPA);
vi) Council compliance under the Municipal Conflict of Interest Act; and
vii) Regular and standard Financial reporting (audited and unaudited) including
Performance Measures.
REPORT NO.: CLD-042-07
Page 3
3.0 Transparency - Throuah Policies
Examples, to date, of demonstrated transparency include the enforcement of the following
Policies:
i) Code of Ethics
ii) Staff Development
iii) Phone and Voicemail
iv) Internet and E-mail Usage
v) Communication Equipment
vi) Use of Personal Vehicles
vii) Vehicle Operation - Competent Operator
viii) Loaning of Municipal Equipment Policy
ix) Political Activities (staff participation therein)
x) Public Notification procedures
xi) Land sale policies
xii) Hiring policies
xiii) Procurement policies
Attachment 1 to this Report provides a summary of the accountability and transparency
elements of the above listed practices and policies.
4.0 Transparency - Throuah Deleaated Authority
Section 23.1 of the Municipal Act, 2001, as amended permits Council to delegate its powers
and duties to a person or body subject to specific restrictions, section 23.2 details those
restrictions as they relate to legislative and quasi-judicial powers, and section 23.3(1) details
the powers that cannot be delegated.
The purpose of this enabling provision is to permit Council to focus on more substantive,
strategic responsibilities and issues facing the municipality and permit routine powers and
duties to be exercised by delegated staff.
The Act requires that when delegating a power or duty, Council must ensure the power or duty
is minor in nature and, where applicable, have regard to the number of people affected by the
power or duty, the size of the geographic area and the time period affected by the exercise of
the power or duty and any other criteria Council may determine to be appropriate.
Over the past several years, Council has delegated responsibilities to staff through various by-
laws. Attachment 2 to this report is a detailed list of the delegated authorities.
Staff is currently conducting a review of the delegated authorities to ensure the accountability
of the delegate and the transparency of the delegate's actions and decisions. Additionally,
staff is reviewing other minor, routine powers and duties which may better serve the
stakeholders if delegated.
5.0 Accountability I Transparency Policy
The above listed policies and practices indirectly speak to and sustain the accountability and
transparency principles. However, the Municipality has not yet implemented a formal
REPORT NO.: CLD-042-07
Page 4
"Accountability and Transparency Policy". Attachment 3 to this Report is a recommended
Policy that satisfies the requirements under the Municipal Act, 2001, as amended, and requires
staff and Council to contemplate these principles in their actions, inactions and in the
development and implementation of policies in the future.
6.0 Ootionallntearitv Provisions / Officers
In addition to the requirement for the appointment of a meeting investigator and the
implementation of an Accountability and Transparency Policy, the Municipa/ Act, 2001, as
amended, also provides for other optional appointments to further promote the principles of
accountability and transparency.
There are four positions generally referred to as the "integrity officers". They are the Integrity
Commissioner, Ombudsman, Auditor General and Lobbyist Registrar. All of these Integrity
Officers must be independent, impartial and have credible investigation processes, and be
subject to confidentiality. These Officers have wide ranging investigatory powers including:
. The right to be provided with information and to have access to documents
necessary for investigations/inquiries;
. Powers to examine a person under oath;
. Confidentiality of information prevails over the Municipal Freedom of Information
and Protection of Privacy Act; and
. Integrity Commissioner, Lobbyist Registrar and Auditor General may exercise
some powers of a commission under the Public Inquiries Act.
Attachment 4 to this Report provides a more detailed description of the purpose of each of the
above-mentioned integrity officers.
There is no obligation for Council to make any of the above-mentioned appointments and it is
recommended by staff that we not proceed with these appointments at this time.
7.0 Summary and Recommendations
Recent amendments to the Municipa/ Act, 2001, as amended, provide for accountability and
transparency to our ratepayers and stakeholders. The Municipality of Clarington is well
positioned to meet these objectives through its various administrative and Council enacted
policies, through compliance with provincial legislated mandates and through its delegation of
powers and duties to staff. To further ensure accountability and transparency, staff
recommend that Council adopt and comply with the draft Accountability and Transparency
Policy attached to this Report (Attachment 3). Through the adoption of this recommended
policy, through the recent appointment of a meeting investigator, and through Council's
consideration of a new Procedural By-law (presented to Committee in Report CLD-041-07),
the Municipality of Clarington will be in compliance with all new mandatory requirements
imposed by the Municipal Act, 2001, as amended. As for the optional appointments of integrity
officers, staff recommend that these appointments not be made at this time, given that we
have not received any pressure from the community nor Council respecting a disregard for our
existing Code of Ethics and other such accountability policies.
Interested Parties:
Attachment 1
Report CLD-042-07
Detailed Discussion of Existing Practices
AccoUl)tabilfty. ..
a) Standard procedure The Procedural By-law, which has been adopted by Council, governs
governing duties, the proceedings of Council, its standing committee, special
responsibilities and committees and local boards. The by-law addresses such issues as:
meetings of Council
and Committee i) the calling of meetings, both regular and special
meetings
ii) notice of such meetings
iii) meetings being open to the public, in accordance with
the Municipal Act, 2001
iv) rules of debate
Note: a new Procedural By-law has been presented to Committee
through Report CLD-041-07.
b) Access to Council and The Municipal Clerk's Department prepares an agenda for each
Committee meeting Council and Committee meeting in advance of the meeting. In
agendas and minutes accordance with the Procedural By-law, the agenda is distributed to
the members of Council and posted on the Municipality's website at
least by the Friday preceding the Monday meeting.
In accordance with the Municipal Act, 2001, as amended, the
Municipal Clerk, or designate, attends the Council and Committee
meetings for the purpose of recording the minutes, without note or
comment. These minutes are available to the general public by being
posted on the Municipality's website. As well, a hardcopy is available
in the Municipal Clerk's Office for public access, the minutes are
published in the agenda for the next regular meeting of the Councilor
Committee.
c) Open Meetings In accordance with section 239 of the Act, all meetings of Council
and Committee are open to the public, with certain exceptions.
These exceptions are:
"(a) the 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;
Accou
d) Procedure for Closed
meeting compliance
investigations
Attachment 1
Report CLD-042-07
Detailed Discussion of Existing Practices
.
A meeting shall be closed to the public if the subject
matter relates to the consideration of a request under
the Municipal Freedom of Information and Protection of
Privacy Act if the council, board, commission or other
body is the head of an institution for the purposes of that
Act. 2001;
A meeting of a councilor local board or of a committee
of either of them may be closed to the public if the
following conditions are both satisfied:
1. The meeting is held for the purpose of educating or
training the members.
2. At the meeting, 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."
All meetings of Council and Committee are held in the Council
Chambers, unless otherwise determined by Council in accordance
with the Municipality's Procedural By-law. The Council Chambers is
an accessible venue and seats more than 100 people in the public
gallery. Additionally, the meetings of Council are televised by Rogers
Cable in accordance with Rogers' filming schedule. Only those
portions of the Council/Committee meetings that are permitted to be
closed to the public are conducted in the Ante Room, or other such
room as determined by Council, in accordance with the Municipality's
Procedural By-law.
In accordance with section 239.1 of the Municipal Act, 2001, a person
may request an investigation into whether or not the municipality has
complied with the requirements of section 239. This investigation will
be conducted by an investigator appointed by the municipality or, if
the municipality has not appointed an investigator, by the Provincial
Ombudsman.
The Municipality of Clarington has appointed Local Authority
Services Ltd. (LAS) as the investigator to conduct these reviews. A
review officer will be appointed by Amberley Gavel (who is providing
this service for LAS). Once a request for an investigation has been
received, the Municipal Clerk shall process the request for
investigation in accordance with the Department Procedure for
Processing Request for Investigation of Closed Meeting Compliance.
As copy of this procedure is included in this report as Attachment 5.
Attachment 1
Report CLD-042-07
Detailed Discussion of Existing Practices
AccoutdabWtv
e) Procedure Respecting The Municipal Freedom of Information and Protection of Privacy Act
Access to Municipal (MFIPPA) was enacted in 1991 with the principle that all information
Records and under the custody and control of the Municipality would be available
Protection of Personal to the public, where requested with the exception of certain, specific
Privacy information. Since the enactment of MFIPPA , the Municipality has
been complying with the requirements of the Act, and in April of this
year, Council adopted a formal policy which documented the
requirements of the Act and specifically identified the responsibilities
of members of Council, the Chief Administrative Officer and
Department Heads as they relate to collection, use and disclosure of
information.
f) Council Compliance The Municipal Conflict of Interest Act, R.S.O. 1990, as amended,
Under the Municipal applies to the members of Council. The purpose of the Act is to
Conflict of Interest Act ensure that members do not speak or vote on any issue for which
they have a direct or indirect pecuniary interest. It shall be the
responsibility of each member of Council, not staff, to determine
whether they have a direct or indirect pecuniary interest with respect
to matters either before Committee/Council and any activities in which
they are involved in their day to day municipal business.
The Act requires that a member with a direct or indirect pecuniary
interest, who is in attendance at a meeting where the matter in which
the member has a pecuniary interest must:
. Disclose the interest and the general nature of the
conflict;
. Not take part in the discussion or vote on the matter;
. Not attempt to influence the vote, before, during, or
after the meeting;
. Leave the meeting while the matter is being discussed
(only if the meeting is in camera); and,
. If absent from a meeting where a member's pecuniary
interest is considered, disclose the interest at the next
meeting attended by that member.
The Act states that a member does not have a pecuniary interest in
respect of the following:
(a) as a user of any public utility service supplied to the
member by the municipality or local board in like
manner and subject to the like conditions as are
applicable in the case of persons who are not members;
Attachment 1
Report CLD-042-07
Detailed Discussion of Existing Practices
AccQ . ..) .) .
.
(b) by reason of the member being entitled to receive on
terms common to other persons any service or
commodity or any subsidy, loan or other such benefit
offered by the municipality or local board;
(c) by reason of the member purchasing or owning a
debenture of the municipality or local board;
(d) by reason of the member having made a deposit
with the municipality or local board, the whole or part of
which is or may be returnable to the member in like
manner as such a deposit is or may be returnable to all
other electors;
(e) by reason of having an interest in any property
affected by a work under the Drainage Act or by a work
under a regulation made under Part XII of the Municipal
Act, 2001 or Part IX of the City of Toronto Act, 2006, as
the case may be, relating to local improvements;
(f) by reason of having an interest in farm lands that are
exempted from taxation for certain expenditures under
the Assessment Act;
(g) by reason of the member being eligible for election
or appointment to fill a vacancy, office or position in the
councilor local board when the councilor local board is
empowered or required by any general or special Act to
fill such vacancy, office or position;
(h) by reason only of the member being a director or
senior officer of a corporation incorporated for the
purpose of carrying on business for and on behalf of the
municipality or local board or by reason only of the
member being a member of a board, commission, or
other body as an appointee of a councilor local board;
(i) in respect of an allowance for attendance at
meetings, or any other allowance, honorarium,
remuneration, salary or benefit to which the member
may be entitled by reason of being a member or as a
member of a volunteer fire brigade, as the case may be;
(j) by reason of the member having a pecuniary interest
which is an interest in common with electors generally;
or
Attachment 1
Report CLD-042-07
Detailed Discussion of Existing Practices
Accountability
(k) by reason only of an interest of the member which is
so remote or insignificant in its nature that it cannot
reasonably be regarded as likely to influence the
member. R.S.O. 1990, c. M.50, s. 4; 2002, c. 17,
Sched. F, Table; 2006, c. 32, Sched. C, s. 33 (1).
A member of Council who allegedly breaches the Act may be subject
to prosecution which could result in the member being disqualified
from his/her seat, being disqualified from running for Council for
seven (7) years, and the member may be ordered to make restitution.
Actions against members may be brought forward by electors within
six (6) weeks after the fact of the alleged breach comes to his/her
knowledge and not later than six (6) years after the alleged
contravention occurred.
g) Regular and Standard On an annual basis, the Municipality of Clarington is required to meet
Financial Reporting various financial reporting requirements under provincial legislation.
Including Performance These reports are prepared by staff and forwarded to Committee and
Measures Council for their consideration and endorsement. The purpose of
these reports is to formally communicate to the ratepayers of the
Municipality and our stakeholders, and in some cases, reports are
required to be forwarded to the Ministry of Municipal Affairs and
Housing for information.
1) Annually, staff prepares a report recommending an Operating
and a Capital Budget for the fiscal year. The budget report details the
following:
. Overview of proposed budget
. Tax rate stabilization
. Highlighting any tax policy changes
. Staffing requests
. Capital budget commentary
. Current budget impacts
. Debt status
. Insurance
. Reserve and reserve fund contributions
. Requests from external agencies (eg. Library Board)
. Comments respecting future years' budgets
2) On a quarterly basis, staff report on the Cash Activity of the
municipality which includes:
. Analysis of Revenue and Expenditures
. Continuity of Taxes Receivable
. Statistical Information
. Investments Outstandina
Attachment 1
Report CLD-042-07
Detailed Discussion of Existing Practices
AeC()U"'~tv ' . .
3) The fiscal year-end for the Municipality is December 31st.
Section 296(1) of the Municipal Act, S.O. 2001, c.25 provides that
"A municipality shall appoint an auditor licensed under
the Public Accounting Act who is responsible for,
(a) annually auditing the accounts and transactions of
the municipality and its local boards and expressing an
opinion on the financial statements of these bodies
based on the audit;"
Deloitte & Touche, Toronto, Ontario, were appointed as the
Municipality of Clarington's auditors through report COD-001-05 for a
five (5) year term to expire January 31, 2010. A copy of the audited
financial statements (consolidated statement of Financial Activities
and Fund Balance) are made available for public viewing, and a
condensed version is posted on the Municipality's website.
Additionally, the Ministry of Municipal Affairs and Housing requires an
audit letter as well as specialized financial reports entitled Financial
Information Returns. The Ministry reviews these and provides
Financial Indicator Reviews based on the information submitted and
comparable municipalities.
4) In 2001 the province mandated the Municipal Performance
Measures Program (MPMP). The provincial objectives of the MPMP
are to enhance accountability to taxpayers, increase taxpayer
awareness and share best practices between municipalities. The
information is intended to be used as a tool to gauge improvements in
service delivery year over year in the following service areas: Local
government, Fire, Roads, Stormwater, Parks and Recreation,
Libraries, and Land Use Planning.
5) Other annual reports respecting municipal finances include:
. Annual Statement for the Development Charges
Reserve Funds
. Mayor and Councillor's Remuneration and Expenses
. Building Permit Fees
. Insurance Program
. Annual Leasing Report
Attachment 1
Report CLD-042-07
Detailed Discussion of Existing Practices
T...~ ~P()ficV . ...
a) Code of Ethics The Code of Ethics Policy was adopted by Council in December,
2001. The Purpose of this Policy is to provide a standard of conduct
for employees of the Corporation in the carrying out of their work
assignments and their relationships with the public, elected officials
and each other.
b) Staff Development
Policy
c) Phone and Voicemail
Usage Policy
d) Internet & E-mail
Usage Policy
The Code of Ethics addresses areas including but not limited to:
. Employees and Council shall not breach the public trust or
misappropriate public funds and/or resources
. Prohibiting the use of municipal property, equipment and
supplies for personal use
. Conditions of participation in decision making process
. Solicitation or acceptance of gifts
. Non-disclosure of confidential information obtained through
fulfilling their mandate
. Acknowledgement of Corporate Purchasing policy
. Acknowledgement of Corporate Health and Safety Policy
. Limitations on engaging in business outside the workplace
which is incompatible or which may interfere with the
discharge of their official duties
. Obligation to disclose to the respective Department Head,
any conflict of interest penalties for contravention of the
Code of Ethics
The Staff Development Policy was adopted by Council in March,
2004. The Purpose of this Policy is to provide a system to encourage
the self-development of employees by continuing their education,
training and professional development. The Policy details conditions
respecting training and education funding and reimbursement.
The Phone and Voicemail Usage Policy was approved by the CAO in
January, 2004. The purpose of this Policy is to establish regulations
pertaining to phone and voicemail usage. The Policy addresses
limitations for long distance calls and faxes, prohibits the use of
cellular phones for personal use, and establishes a standard protocol
for voice mail.
The Internet & E-mail Usage Policy was adopted by Council in
December, 2001. The purpose of this Policy is to ensure employees
are knowledgeable in their use of the internet and e-mail and are
aware of the situations in which these forms of communications are
appropriate and permitted. This Policy establishes the rules for
internet site access, downloading of files and states that any e-mails
are legal property of the Municipality. The Policy includes penalties
for contravention.
Attachment 1
Report CLD-042-07
Detailed Discussion of Existing Practices
e) Communication The Communication Equipment Policy was approved by the CAO in
Equipment Policy April, 2007. The purposes of this Policy are:
. to ensure managerial personnel have the appropriate
communication equipment when they are away from
their normal office working environment. Provision of
communication equipment is essential as most
managerial staff is required to respond to off hour
emergencies, as well as to provide supervision to
various services beyond the normal office hour
operation.
. To ensure cost effectiveness in the provision of the
necessary communication equipment.
This Policy ensures that functionality of the communication
equipment matches the staff need.
f) Use of Personal The Use of Personal Vehicles Policy and the Vehicle Operation -
Vehicles Policy and Competent Operator policies were approved by the CAO in
Vehicle Operation - November, 2004 and January, 2005 respectively. The purposes of
Competent Operator these Policies are:
Policy
. To set out the parameters in which a personal vehicle
may be used to conduct Municipal business;
. To ensure the safe operation of personal vehicles as a
means to protect employees, the public, the
Municipality, as well as private properties; and
. To set out the protocol for operator competence to
ensure the safe operation of Municipal vehicles and
equipment as a means to protect employees, the
public, the Municipality, as well as private properties.
These Policies ensure that every driver must possess a valid driver's
licence, have valid insurance and shall notify their immediate
supervisor if there are any conditions or limitations placed on their
licence or if their driver status changes. These policies include
penalties for contravention.
g) Loaning of Municipal The Loaning of Municipal Equipment Policy was adopted by the CAO
Equipment Policy in October, 2005. The purpose of this Policy is to establish
regulations with regards to the loaning of municipal equipment. The
Policy prohibits the use of municipal equipment for personal use.
Attachment 1
Report CLD-042-07
Detailed Discussion of Existing Practices
h) Political Activities The Political Activities Policy was adopted by Council in March, 2005.
Policy The purpose of this Policy is to protect the integrity of the public
service while allowing employees to exercise their democratic rights if
they so choose. This Policy discourages employees from engaging
in political activities, and should an employee choose to engage in
political activities, this Policy restricts them from doing so in the
workplace. As well, this policy limits the conduct of political activities
within municipally owned facilities.
i) Notification Policy In accordance with Section 251 of the Municipal Act, 2001, By-law
2005-022 was enacted by Council on February 14, 2005. This By-
law prescribes the form, manner and times for compliance with the
provision notice requirements mandated in the Act. The By-law
speaks to notices respecting: passing of by-laws, adoption of the
annual operating and capital budgets and any amendments thereof,
and any service level improvements. Notices shall be typically
included in the newspaper and are posted on the Municipal Website.
The Procedural By-law also provides for notification of dates, times
and locations of regular and special meetings of Council, GPA, and
special committees.
j) Sale of Real Property I n accordance with Sections 193(2) and (3) of the Municipal Act,
Policy 2001, as amended, By-law 95-22 was enacted by Council on March
6, 1995 and establishes procedures governing the sale of real
property by the Municipality. The By-law requires that surplus
property must be declared as such by Council in an open meeting
and once declared, the Municipal Clerk shall ensure notice of the
proposed sale of land is posted in the newspaper. In most cases, the
value of the property must be determined by at least one appraisal.
Sale of lands may be conducted through a public tender process,
sold at fair market value to adjacent property owners, or exchanged
and transferred.
k) Hiring Policy The Hiring Practices Policy was adopted by Council in January, 2002.
The purposes of this Policy are:
. To convey the Municipality's continuing practice of
non-discriminatory employment; and
. To create and maintain a standardized means of
recruiting employees
This Policy ensures compliance with the Human Rights Code and
speaks to the practice of neither favouring nor discriminating against
relatives of an employee or elected official.
Attachment 1
Report CLD-042-07
Detailed Discussion of Existing Practices
I) Purchasing Policy In accordance with section 270(1) of the Municipal Act, 2001, as
amended, By-law 2006-127 was enacted by Council. This
Purchasing By-law provides for the purchasing and tendering policies
and procedures applying to the purchase of all types of goods and/or
services. Every municipal department engages in the procurement of
goods and services and to ensure transparency and accountability to
our ratepayers and stakeholders, our By-law:
. Encourages competition among suppliers
. Ensures fairness between bidders
. Maximizes savings
. Ensures service and product delivery efficiency and
effectiveness
. Ensures quality
. Ensures supplier accountability
. Provides for maximizing government service while
minimizing cost
. Provides an objective process
. Fosters openness, accountability and transparency while
protecting the municipality's financial interests
m) Orientation Policy In addition to the above-referenced Policies, the Orientation Policy,
approved by the CAO in January, 2001, was implemented to ensure
that all new employees are properly oriented with their new work
environment. This Policy includes the requirement that new
employees be made aware of and understand their duties and
responsibilities under all relevant corporate policies.
Attachment 2
Report CLD-042-07
Delegated Duties and Authorities
Item
1
Municipal Freedom of Information and Protection
of Privacy Act
For the purposes of the Act, the Head is the Mayor.
The powers and duties of the Head have been
delegated to the FOI Co-ordinator. However, the
Head still remains accountable for the actions taken
and decisions made under the Act.
Order to Restrain Appeal Hearing
Delegated Council's duty to hold a hearing to
determine whether or not an owner in whole or in
part from the requirements detailed in an Order to
Restrain and to render a ruling on such an appeal
are delegated, in accordance with section 105 of the
Munici al Act, 2001, as amended.
Procurement
Acquisition of goods and services of value equal to
or less than $50,000, in accordance with the rules
set forth in the Purchasin B -law.
Site Plan Control Area
Delegation of the approval of site plans in
accordance with Section 41 of the Planning Act, with
the exception of the authority to define any class or
classes of development as mentioned section
41(13)(a).
2
3
4
5
Execute any agreement between the Municipality
and the property owner as may be required as a
condition of the a roval of the lans and drawin
Planning Applications - Completeness
Determination
Delegation of authority to make decisions on whether
planning applications submitted pursuant to the
Planning Act and Conservation Land Statute
Amendment Act, 2006, are deemed com lete.
Taxi Licence Application - Approval with
Criminal Record
Delegation of authority to approve taxi licence
application where criminal record is minor or is more
than seven 7 ears old.
Adoption Fees - Approval to Reduce
Delegation of authority to reduce the adoption fees
for animals in s ecified circumstances.
Assessment Review Board - Municipal Appeals
Dele ation of authorit to the
6.
7.
8.
Dele'..
Municipal
Clerk
Manager,
Municipal
Law
Enforcement
Purchasing
Manager
Director of
Planning
Services and
Director of
Engineering
Services
Municipal
Clerk and
Ma or
Director of
Planning
Services
Municipal
Clerk
Municipal
Clerk and
De ut Clerk
Director of
Finance
By-law 90-193
and Resolution
GPA# 815-90
By-law 2005-225
By-law 2006-127
By-law 2005-135
By-law 2007-131
By-law 2005-205
By-law 2007-208
By-law 2003-031
~.m [i)~1fatedDutVI.Power Oeleaate .A, ...,.
..~QUlunLY
Director of FinancefTreasurer to appeal
Assessments to the Assessment Review
Board on behalf of the Municipality of Clarington.
9. Minor exceptions to Sign By-law Director of By-law 97-157, as
Delegated authority to make minor exceptions Planning amended
without amendment to the By-law in situations of
extenuating circumstances. These exceptions shall
be only for the size or height of a sign and shall not
exceed 10% of the permissible size or height as
prescribed within the By-law.
10. Subdivision/Condominium Approval - authority Director of By-law 2001-072
under Section 51 of the Planning Act, R.S.O. 1990 Planning, or
chapter P. 13 as amended designate
Delegated all of the Council's authority under
Section 51 of the Planning Act, R.S.O. 1990, chapter
P.13 as amended. The authority delegated to the
Director extends only to those matters in respect of
which Council adopted procedures which direct the
Director to make a decision.
11. Heritage Conservation District Plan - authority Director of By-law 2006-102
under Part V of the Ontario Heritage Act, R.S.O. Planning, or
1990, chapter 0.18. as amended designate
Delegated authority to approve minor applications to
grant permits for the alteration of property situated in
a heritage conservation district
12. Community Improvement Plan - authority under Director of By-law 2005-123
Part IV - of the Planning Act, R.S.O. 1990, Planning By-law 2005-039
chapter P.13 -Community Improvement, as
amended
Delegated authority to administer and approve the
Grant Program (Building Penmit Fee Grant Program,
Site Plan Control Fee Grant Program, and Heritage
Building Fayade Improvement Grant Program) as
contained within the Community Improvement Plan
for Bowmanville and Orono.
13. Road Closures Director of By-law 82-32
Delegated authority to review and approve Engineering
applications from any person, group or agency
wishino to OCCUDV a Municipal Road or Riaht-of-Wav
Attachment 2
Report CLD-042-07
Delegated Duties and Authorities
Attachment 2
Report CLD-042-07
Delegated Duties and Authorities
!!~m [lJ)e!elilliUe!;tlJ)uw[/[.1 [[..[....[ ...... [.[....... Deleaate
for any reason which alters the normal use or status
of same to apply, and grant approval for a Road
Occupancy Permit.
14. Truck traffic routing D i recto r of By-law 91-58, as
Delegated authority to issue permits for the Engineering amended
movement on highways of heavy vehicles, loads,
objects or structures which are in excess of the
dimensional limits set out in Section 92, 104a, or the
weight limits set out in Part VII of the Highway Traffic
Act, R.S.O. 1980, c.198, as amended.
15. Street Signs Director of By-law 91-58, as
Delegated authority to authorized to place or erect Engineering amended
and to maintain such authorized and official signs as
are required to give effect to the provisions of this by-
law.
C/nLiygfoo
Attachment 3
Report CLD-042-07
DRAFT
Administrative and Corporate Policies
Section:
Category:
Subsection:
Application:
H
Operations
H29
All
Employees
Date Approved:
Last Revised:
Approved by:
1. Purpose:
The Municipality of Clarington is committed to ensuring that it is accountable to the public
for its actions, through responsible and transparent behaviours and the manner in which the
municipality will try to ensure that its actions are transparent to the public. The purpose of
this policy is to detail the guiding principles for Municipal service delivery with Section 270
of the Municipal Act.
2. Policy:
Guiding Principles
This policy is premised on the following two guiding principles:
a) Accountability includes the principle that the Municipality of Clarington is
responsible to its stakeholders for decisions made and policies implemented, as well as its
actions or inactions.
b) Transparency includes the principle that the Municipality of Clarington actively
encourages and fosters stakeholder participation, clarity and openness in the decision making
processes.
Policy Statement
In support of the Municipality ofClarington's Vision,
"Your Choice for a Caring and Vibrant Community" and in support of the Municipality's
Mission,
Page 1 of2 - Affiliated and Others: H29
"To provide essential infrastructure and quality services to our community stakeholders
through leadership, accountability and respect."
the Council ofthe Municipality acknowledges that it is responsible to provide good
government for its stakeholders in an accountable and transparent manner by:
. Encouraging public access and participation to ensure that decision making
is responsive to the needs of its constituents and receptive to their opinions;
. Delivering high quality services to our citizens; and
. Promoting the efficient use of public resources.
Accountability, transparency and openness are standards of good government that enhance
public trust. They are achieved through the Municipality adopting measures ensuring, to the
best of its ability, that all activities and services are undertaken utilizing a process that is
open and accessible to its stakeholders. In addition, wherever possible, the Municipality will
engage its stakeholders throughout its decision making process which will be open, visible
and transparent to the public.
3. Procedures:
3.1 The guiding principles of accountability and transparency will be contemplated by
staff and Council in their actions, inactions and in any decision making process.
3.2 Staff reports to Committee/Council shall, where applicable, state how the
recommendations comply with accountability and transparency principles.
3.3 Council shall ensure that policies adopted by Council are consistent with the guiding
principles of this Policy.
3.4 The CAO of the Municipality ofClarington shall ensure that all administrative
Policies of the Municipality of Clarington comply with the guiding principles of this Policy.
3.5 Staff, in executing their duties and responsibilities shall ensure that they are guided by
the Guiding Principles of this Policy. Where Council has delegated any of its duties and
authorities to staff, staff shall ensure that the appropriate Council member(s) is/are regularly
informed of any unusual or notable issues in a timely manner.
4. Appendices:
None
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Attachment 4
CLD-042-07
Integrity Officers
Item Officer PutDOSe
1 Integrity The purpose of the Integrity Commissioner is to investigate and
Commissioner report to Council on the conduct of its members and the members
of local boards. The intent is to ensure compliance with the Code
of Ethics/Conduct and other procedures, rules and policies
governing ethical behaviour.
2 Ombudsman The purpose of the Ombudsman is to investigate administrative
decisions, recommendations, actions or the lack thereof. The
position as defined has far reaching investigative and review
powers including a review of how the current staff code of ethics is
applied or processes related to any current program. Generally,
Ombudsmen are appointed when an organization is of a
substantial size and when the reporting structures and the
accountability framework are not acceptable to the community or
Council. The rulin!:! of the Ombudsman is final.
3 Auditor General The purpose of the Auditor General is to assist Council:
. in holding itself and municipal administrators accountable for
the quality of stewardship over public funds, and
. for achievement of value for money in municipal operators
The Auditor General responsibilities do not include the
responsibilities of the municipal external auditor.
4 Lobbyist The legislation provides for implementation of an optional, publicly
Registrar and accessible Lobbyist Registry to provide a system of registration of
Registry persons who lobby politicians and public officers.
In June, 2007 Council passed the following resolution #GPA-463-
07:
"THAT Report CAO-011-07 be received;
THAT the presentation "An Overview of the Lobbyist Registry
System" by the CAO be received;
THAT Council not proceed with the introduction of a Lobbyist
Registry System at this time until such time Members of Council
have the opportunity to examine all the pros and cons of
implementing such a system and until such time the Municipality
acquires best practices knowledge and experience from similar
size municipalities; and
THAT the Chief Administrative Officer be directed to bring forth the
necessary amendments to the existing Code of Ethics to ensure
all Members of Council and staff are governed by clear and
enforceable policies."
Attachment 5
Report CLD-042-07
Clfll-!QglOn
Clerk's
Departmental Procedure
Approved by:
Approval Date:
November 27,2007
Revision Date:
Procedure Number:
L02-001
Title:
Processing Closed Meeting
Compliance Investigations
Purpose:
The Municipality of Clarington is committed to conducting actions and making
decisions in accordance with the Municipality's Accountability and Transparency
Policy. This Procedure details the steps in processing a request for Investigation
of Compliance for the conduct of a closed meeting of Council/Committee.
Procedure:
1. Standard Form
All requests shall be filed by the investigation requester by completing the
Application for Request for Closed Meeting Compliance Investigation. The
Request Form shall be completed in its entirety and signed by the requester and
submitted to the Municipal Clerk's Office.
2. Request Fee
There is no fee imposed on the investigation requester for filing a Request for
Closed Meeting Compliance Investigation.
3. Assemble Request Package
Upon receipt of a complete Application for Request for Closed Meeting
Compliance Investigation, the Municipal Clerk shall ensure that a package is
assembled including the following records:
. The original request for investigation
. Certified copies of the procedural by-law, notice of the meeting
Page 1 of 2
Departmental Procedure
Title:
Processing Closed Meeting
Compliance Investiaations
. Certified copies of the agenda and 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
. Any further information determined relevant by the Municipal Clerk
A File is opened under L02.CO (Claims against the Municipality, Compliance
Investigations) and a copy of the complete package is filed.
4. Forward Package to Investigator
The Municipality of Clarington has appointed Local Authority Services Ltd. (LAS)
as the investigator to conduct these reviews. The Municipal Clerk shall prepare a
cover letter and forward the package to the LAS Investigator.
5. Disposition of Report Findings
Upon receipt of the of the Findings Report from the Meeting Investigator, the
Municipal Clerk shall prepare a report to GPA advising of the investigation
findings, associated costs and any necessary actions to be taken in accordance
with the Meeting Investigator's recommendations (where applicable).
If necessary, policies, procedures or the procedural by-law shall be amended to
reflect the Meeting Investigator's recommendations.
The Meeting Investigator's Finding Report shall be filed with the original
complaint and the copy of the complaint package that was forwarded to the
Meeting Investigator.
The file is closed.
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