Loading...
HomeMy WebLinkAboutCAO-009-19Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Date of Meeting: September 9, 2019 Submitted By File Number: Report Subject: Andy Allison, CAO Report Number: CAO-009-19 By-law Number: Resolution#: TC-112-19 Possible Merger of the Clarington Public Library Board and Clarington Museum and Archives Board Recommendations: That Report CAO-009-19 be received; 2. That Council either, (a) direct staff to work towards merging the Clarington Public Library Board and the Clarington Museum and Archives Board, effective January 1, 2020, in the manner set out in this report; or (b) direct that the Clarington Public Library Board and the Clarington Museum and Archives Board continue to operate using their current governance structures; and 3. That the Clarington Public Library Board and the Clarington Museum and Archives Board be advised of Council's decision. Page 334 Municipality of Clarington Report CAO-009-19 Report Overview This report provides Council with information pertaining to the feasibility of merging the Clarington Public Library Board and the Clarington Museum and Archives Board, while attempting to maintain Community Museum Operating Grant (CMOG) funding. 1. Background Page 2 1.1. Report CAO-005-19 provides much of the background information pertaining to a possible merger of the Clarington Public Library Board with the Clarington Museum and Archives Board. 1.2. At its meeting on July 2, 2019, Council passed the following resolution (GG-414-19): That Report CAO-005-19 be received; That Council direct staff to establish a joint Museum Library transition committee, composed of Board members and staff from both organizations; That the Committee Report back in September, 2019 on a potential merger with the intention to preserve the Community Museum Operating Grant; and That the Clarington Library Board, the Clarington Museum and Archives Board and the Visual Arts Centre be advised of Council's decision. 1.3. In mid -July, staff reached out to both the Clarington Public Library and the Clarington Museum and Archives to create a transition committee, with a mandate to explore the feasibility of a merger. 1.4. Both Boards were allotted four seats on the committee (two current Board members and two senior staff — selected at the discretion of each Board). The CAO and Corporate Policy Analyst were also members of the transition committee. 1.5. Informal discussions with staff and Board members took place in advance of the first meeting in order to inform staff regarding potential governance issues. 1.6. The transition committee met on Wednesday July 17, 2019 at the MAC. A potential governance structure that would allow for the maintenance of the Community Museum Operating Grant (COMG) and Public Library Operating Grant (PLOG) was presented and discussed. Municipality of Clarington Report CAO-009-19 Page 3 1.7. Both Boards were understanding of the value the proposed structure could provide and potential synergies between both organizations. At the end of the meeting, both groups requested time to go back to their respective Boards to further review the structure. 1.8. Staff met with Museum and Archives appointees on August 8, 2019 to further address questions stemming from the July 17, 2019 meeting. Informal meetings also took place with Clarington Public Library officials during that time period. A draft of this report was circulated to all committee members before the completion of the final version in order to solicit further feedback. 2. Governance Structure — Proposed Model 2.1. As directed by Council, staff undertook a review of library and museum governance models across Ontario. A key part of the review was to find situations in which municipalities operated both a library and a museum, while successfully maintaining both the CMOG and PLOG grants. One notable model was that of Blue Mountain Public Library which staff's proposed structure is patterned after. 2.2. Attachment 1 showcases the proposed governance structure for the Clarington Public Library Board that would allow for an integrated Board of Directors and for the maintenance of both the COMG and PLOG funding. It is worth noting that the Ministry responsible for CMOG and PLOG funding issued a note earlier this year saying that such funding was under review and may be changed going forward. No further details were available at the time of this report. 2.3. Clause 20(d) of the Public Libraries Act states that a library board "may operate special services in connection with a library as it considers necessary". This language indicates a public library board could operate a museum (subject to other considerations). Adjustment of the Clarington Public Library Board - Designated Board Seats 2.4. As the Library Board is governed under the Public Libraries Act, and must adhere to a number legislative requirements, it provides a natural fit to act as the overall governing body for both entities. The Library also has the benefit of an increased operating budget, larger facilities and greater access to resources. 2.5. Staff are recommending that two current members of the Museum Board be appointed to serve on the Library Board. These two new board positions could be appointed by Clarington Council under a separate "Clarington Museum and Archives (M&A)" designation and have the same rights and obligations as any general member of the Library Board. The designation would ensure that there is direct Museum and Archives representation at the Library Board level. In theory, this would bring the current Library Board composition up to 11 members, but Council is in a unique situation that may limit Municipality of Clarington Report CAO-009-19 Page 4 the need for any net -new seats. Details of these circumstances and how to achieve this are described below in 2.6 and 2.7. 2.6. M&A Designated Seat #1 - Currently, Library Board Member Marina Ross is serving a term on both the Library Board and the Museum Board. She could be transitioned to one of the M&A designated seats. 2.7. M&A Designated Seat #2 — In mid -August, there was a Library Board member resignation, leaving an open spot on the current Library Board which could be filled by the current Museum Board Chair Katherine Warren. She could be appointed to the Library Board and hold one of the M&A designated seats. Creation of the Clarington Museum and Archives Committee 2.8. Staff are recommending that a "Museum and Archives Committee" of the Library Board be created that is made up of 5 members and reports directly to the Board. The purpose of the Committee would be to advise on museum specific policy and budgeting initiatives as they relate to the operation and maintenance of a community museum. 2.9. It is important to note that under the Public Libraries Act a "committee" is defined to mean "any advisory or other committee, subcommittee or similar entity of which at least 50% of the members are also members of the board". The following structure is therefore proposed in order to maintain compliance: • 1 Councillor (member of the existing Library Board) • 2 Other members of the Library Board (M&A designated members) • 2 Public members The Chair of the Library Board could be an ex-officio member of the Committee. 2.10. In order to balance the need for the 50% Library Board member threshold on the Committee, as well as maintenance of museum and archival expertise, it is proposed that the two M&A designated Library Board members be cross -appointed to this Committee. 2.11. It is recommended that the two public member positions be offered to the remaining members of the current Museum Board. This would ensure that their expertise and volunteerism is not lost. Municipality of Clarington Report CAO-009-19 Page 5 2.12. In the longer -term, it is recommended that residents make applications directly to the Library Board, who then select the successful applicants. 2.13. It is recommended that the Municipality's standard Terms of Reference for a Committee (Attachment 2) be used as the basis for developing TOR for the proposed Museum and Archives Committee. If Council moves forward with the merger, the responsibility of fleshing out the TOR would rest with the Library Board. 2.14. It is recommended that the Library Board maintain a standing time slot on its agenda to review and discuss Museum and Archives Committee items and that the Committee meet at a similar level of frequency as that of the Library Board, who are mandated under Section 14 of the Public Libraries Act to "maintain regular meetings once a month for at least 10 months each year." 2.15. The existing Museum Board has a dedicated legacy fund in excess of $100,000. The TOR must recognize that these funds can only be spent on Museum and Archives related initiatives. Organizational Structure and Reporting Relationships 2.16. Under the proposed governance model, the current Museum staff would report to the "Museum Manager", who would be a direct report to the Library CEO / Director (Attachment 1). The reporting and staffing relationship under the Museum Manager would maintain the same structure and staffing compliment as is currently employed at the Museum. 2.17. The Museum Manager would be responsible to attend Clarington Museum and Archives Advisory Committee meetings and provide regular updates. 3. Implications and Other Considerations 3.1. The governance model recommended in this report would require a change to the Library Board's composition by-law (No. 2003-188) as well as the Board's internal procedural by-law. The current Clarington Museum and Archives Board By-law No. 2012-093 would also have to be repealed. 4. Concurrence Not Applicable. Municipality of Clarington Report CAO-009-19 5. Conclusion Page 6 It is respectfully recommended that Council provide direction to staff respecting the possible merger of the two Boards. Staff Contact: Andrew Allison, CAO, 905-623-3379 Ext. 2002 or aallison@clarington.net. Attachments: Attachment 1 — Proposed Organizational Structure Attachment 2 — Terms of Reference Interested Parties: The following interested parties will be notified of Council's decision: Clarington Museum and Archives Board Clarington Library Board Committee Option Comnosition (9 members total)* Attachment 1 to Report CAO-009-19 iposition (5 members total) L elected official (dual appointment). >_ "Clarington Museum & Archives" iesignated (dual appointment) public members (selected by Library 3oard) _ibrary Board Chair (ex-officio) r al / PTypreters *If recommendations in report are accepted the net - number of Board members would not have to change (maintain 9 seat composition — otherwise it would increase to eleven). Attachment 1 to Report CAO-009-19 Composition (9 members total)* - 2 "Clarington Museum & !s" designated seats (M&A Member) report are accepted the change (maintain 9 seat composition — otherwise it would increase to eleven). *as per the Public Libraries Act, 50% of the seats on any Board Committee must be held by Public Library Board members (cross - appointed). Attachment 1 to Report Composition (5 members total) - 1 elected official (dual appointment) - 2 "Clarington Museum & Archives" designated (dual appointment — M&A Members) - 2 public members (selected by Library Board) - Library Board Chair (ex-officio) Attachment No. 1 To Addendum to Report CLD-015-08 PROTOCOL COUNCIL - APPOINTED ADVISORY COMMITTEES BACKGROUND Council has established a number of advisory committees whose purpose is to provide advice to Council on matters within the committee mandate established by Council and on any issues referred to the Committee by Council. Council appoints the members and representatives to these committees at the beginning of each Council term. PURPOSE The purpose of the Protocol is to establish a standardized Rules of Procedure for Council -Appointed Advisory Committees. POLICY Terms of Reference The Terms of Reference for a Committee shall be approved by Council. These Terms of Reference are the mandate of the Committee shall address the following matters: • Background • Mandate of Committee • Scope of Activities of Committee • Membership and Representation on the Committee Council shall appoint a Council member and/or a responsible department for staff resources. Chair and Vice -Chair The Committee shall select a Chair and Vice -Chair from among its membership. When a new committee is initially formed, a member of Council may act as an interim Chair for a maximum of 18 months, after which time a Committee member, other than a member of Council or municipal staff, shall be selected to assume the position of Chair or Vice -Chair. -2- The Chair shall provide leadership to the Committee, ensure that the Committee carries out its mandate, and act as the primary liaison between the Committee and Staff. The Chair shall set the agenda for each meeting in consultation with the staff liaison. If the Chair is temporarily absent, the Vice -Chair shall assume the position and responsibilities of the Chair in the interim. If the position of Chair becomes vacant, the Vice -Chair shall assume the responsibilities of the Chair until a new Chair can be elected. If the position of Vice -Chair becomes vacant, the Chair may appoint a member of the Committee as Interim Vice -Chair until a new Vice - Chair can be elected. Elections, when required, shall be held at the next meeting of the Committee. Responsibilities and Obligations of Members All Committee members shall abide by the Terms of Reference for the Committee as approved by Council. Members must also be willing to commit the time required to understand and evaluate the information provided, as well as be open-minded to various opinions and perspectives. The Chair or a spokesperson appointed by the Committee may speak on behalf of the Committee to Council or the public. Other members shall not act or speak on behalf of the Committee without prior approval of the Committee. A Committee or its members shall not issue petitions, resolutions or position papers on behalf of the Committee, unless specifically authorized by Council resolution. A Committee and its members shall also not act outside of the mandate and advisory capacity of the Committee. Should a Committee wish to comment on an issue that is within the mandate of another Council committee, the Chair shall consult with the responsible Liaison(s) and the Chair of the other committee. The Chair may eject any Committee member from a meeting if, in the opinion of the Chair, that person is being disruptive or disrespectful. A Committee shall also have the right to censure members that, in the Committee's opinion, are misrepresenting the Committee and may request Council to remove that person from the Committee. Members unable to attend a Committee meeting shall notify the staff liaison at least 24 hours in advance. Members unable to attend a meeting cannot send an alternate. The Chair shall advise the Municipal Clerk in writing of any member who is absent from the meetings for three successive months without being authorized to do so by a resolution of the Committee, and may request that the member be removed from the Committee. -3- Members who wish to resign shall notify the Chair in writing of their decision who, in turn shall notify the Municipal Clerk in writing of the resignation. Council shall appoint new members to a Committee to fill any vacancies as required. Quorum and Voting A majority of voting members shall constitute a quorum, In the event that a quorum is not achieved, the meeting may proceed but members shall not vote or make decisions. Recommendations and decisions reached by the Committee shall be based on consensus, wherever possible. In the event that a consensus cannot be reached and there are divergent opinions on an issue, the Chair may call for a formal vote by a show of hands. Decisions shall be carried by a simple majority of the voting members present. Each member of the committee has a vote. Conflict of Interest Members of the committee must abide by the Municipal Conflict of Interest Act. Public Participation All Committee meetings are open to the public. Members of the public are not permitted to participate in Committee discussions, but may appear as a delegation before the Committee. Delegations shall be for a maximum of 10 minutes. Those wishing to appear as a delegation at a Committee meeting must so advise the staff liaison a minimum of five working days before the meeting. The Chair may eject any member of the public from a meeting if, in the opinion of the Chair, that person is being disruptive or disrespectful. Meetings Committee meetings shall generally be held in the Clarington Municipal Administrative Centre, although meetings may occasionally be held elsewhere in the Municipality of Clarington if deemed necessary or appropriate by the Chair, the Mayor, or the relevant Liaison. Committee meetings shall generally occur a minimum of once per month; however, the Chair may schedule additional meetings or cancel meetings at his/her discretion and after consulting with the staff liaison, -4- Reporting and Communications The draft minutes of all Committee meetings shall be reviewed by the staff liaison and forwarded by memorandum to the Municipal Clerk for inclusion on the next Council Agenda and, at the discretion of the Department Head may be posted on the Municipal website. The minutes of Committee meetings shall generally not attribute comments to a specific member of the Committee. All recommendations of the Committee shall be forwarded by the staff liaison to the Municipal Clerk for inclusion in the Council agenda. A Committee shall not forward comments or recommendations directly to other groups or agencies without the consent of Council, the Mayor or the relevant Liaison. Staff Resources The municipal department responsible for a Committee shall provide clerical, administrative and technical assistance to the Committee, as deemed appropriate by the Department Head, to ensure the proper functioning of the Committee. Specifically, Staff will provide the following resources to a Committee: • preparing and forwarding meeting materials to members; • preparation of summary meeting minutes and Committee correspondence (including assistance in drafting); • professional advice on matters within the mandate of the Committee; and • assist the Committee in participating in events and activities related to its mandate Generally, Committee members are selected to be able to carry out the mandate of the Committee. Staff resources are provided only to assist the Committee in undertaking their mandate. Additional requests of resource staff, such as original research or organization of events shall be at the discretion of the Department Head and within staff, time and budget constraints. Term of Committee The term of the Committee shall coincide with the term of Councilor as otherwise indicated in the specific Terms of Reference for the Committee. In general, a Committee shall not meet between the time of the municipal Council elections and the appointment of a new Committee by Council, unless considered necessary by the relevant liaison. -5- Relationship to Committee Terms of Reference It is recognized that Committee mandates or terms of reference were prepared and approved in advance of this protocol. In the event of a conflict between the protocol and the committee's terms of reference, this protocol shall prevail.