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Staff Report
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Report To: General Government Committee
Date of Meeting: November 8, 2021 Report Number: LGS-030-21
Submitted By:
Reviewed By:
File Number:
Rob Maciver, Director of Legislative Services
Andrew C. Allison, CAO
Resolution#: GG-493-21
By-law Number:
Report Subject: Review of Boards and Committees Appointment Policy
Recommendations:
1. That Report LGS-030-21, and any related correspondence, be received;
2. That the draft Appointment to Boards and Committees Policy (Attachment 1 to
Report LGS-030-21) be approved, replacing the current Policy; and
3. That all interested parties listed in Report LGS-030-21, and any delegations, be
advised of Council's decision.
Municipality of Clarington
Report LGS-030-21
Report Overview
Page 2
This report details recommended changes to the appointments to boards and committees to
provide for a standardized, transparent and fair appointment policy.
1. Background
Request for Appointment Policy
1.1 On September 15, 2014, Council passed a resolution directing Staff to report back on a
recommended policy, including the Council voting procedure, for the establishment of a
standardized, transparent and fair process for Council appointments to boards and
committees.
1.2 At the January 19, 2015 General Purpose and Administration Committee, Council
passed Resolution #GPA-045-15 to approve the recommended policy contained in
Report CLD-004-15.
1.3 With recent changes to the process, prompted by the COVID-19 pandemic, Staff felt it
was time to review the appointment process.
2. Application and Evaluation Process Proposal
Current Process
2.1 Vacancies are posted on the municipal website, ClaringtonVolunteers website, local
newspaper, and social media for three weeks.
2.2 The Committee Coordinator receives, assembles the applications, and forwards a copy
of the packages to the appropriate Department Head for input into the matrix. NOTE:
Staff had discontinued submitting the applications to the appropriate Department Head
(unless requested) because there was an issue with the timing of them preparing the
matrix, so the Committee Coordinator has been preparing the matrix.
2.3 The Committee Coordinator prepares a report to the General Government Committee,
presenting the applications along with a committee matrix (showing qualifications for
both existing members and new applicants).
Municipality of Clarington
Report LGS-030-21
Proposal
Page 3
2.4 Since it is difficult to capture (and frankly sometimes subjective) all aspects of an
application in a matrix, Staff recommends removing the matrix and providing an
application package that includes each applicant's resume and cover letter (if
submitted). In addition, the appointment report will state, in the background section, the
skill requirements from the Terms of Reference for the specific committee.
2.5 The online application forms have been updated to ensure questions directly relating to
the board/committee's requirements (outlined in the Terms of Reference) are included
(i.e. ward or skills requirements). Their application will be provided at the beginning of
each applicant's resume as a summary of the main components required from the
Terms of Reference. It will provide a quick glance of the specific qualifications the
board/committee requires.
3. Voting Process
Pre-COVID-19 Process
3.1 The Chair announced the number of positions to be filled for the board/committee under
consideration and where deemed necessary, the list of candidate's names was
displayed.
3.2 Each Member of Council was provided a supply of blank ballots and recorded their
name at the top in the space provided.
3.3 Each Member of Council recorded their vote on the ballot. The Municipal Clerk, or
designate, then collected the ballots and announced each vote (beginning with the
name of the Member of Council followed by the applicants(s) for whom they voted).
3.4 The Municipal Clerk, or designate, recorded the votes as they were stated, and if the
number of positions to be filled and the number of nominee(s) with a majority of votes
were equal, those nominees were declared appointed to the committee.
3.5 The results were displayed on an Excel document in the Council Chambers.
Proposal
3.6 Since the pandemic, Committee and Council meetings have been held virtually, which
meant the voting process had to change. Staff are recommending that the current virtual
voting process remain once the pandemic is over.
Municipality of Clarington Page 4
Report LGS-030-21
3.7 Rather than providing printed ballots, the Municipal Clerk, or designate, will display an
excel sheet that includes a list of candidates and the Members of Council. The
Municipal Clerk, or designate, shall ask each Member of Council for their vote and
record it on the displayed excel sheet as shown below (see attachment 1 for full voting
process) within MS Teams so that all attendees and those watching the webcast can
view.
A B C D
1 Appointment to the *Name of Committee*
z Vote for: 2
3 date:
6 Round Number:
10
12
13
14
15
16
17
First, Last
First, Last
First, Last
First, Last
Councillor Anderson
1
1
Councillor Hooper
1
1
Councillor Jones
1
1
Councillor Neal
1
1
Councillor Traill
1
1
Councillor Zwart
1
1
Mayor Foster
1
1
Totals
3
4
1
6
This approach will reduce the extra work by staff to prepare, distribute, and pick up the
ballots, which had been compounded when the Committee recommendation went to
Council because ballots had to be prepared for the Council meeting in the event that the
recommendation was pulled and new votes were needed. In addition, this approach will
be seamless if there is one, or more, Members attending electronically.
3.8 In the future (probably 2023, following the 2022 Municipal Elections), Staff will be
reviewing the possibility of implementing an eSCRIBE voting module, which may allow
this type of voting to be electronic (both in the Council Chambers and for those
participating electronically) via a mobile device or laptop. This will result in simultaneous
voting and will better mirror the "paper ballots" process.
Municipality of Clarington Page 5
Report LGS-030-21
3.9 Staff have updated the policy for the above changes, as well as several smaller
changes.
4. Clarington Public Library Board and Museum and Archives
Advisory Committee (MAAC)
4.1 The Library CEO has noted that "both the Library Board and the MAAC are governance
bodies. As the MAAC is an advisory committee that reports directly to the Board, the
Board is responsible for advertising and selecting additional public member(s) as
appointees. To be effective, the additional MAAC member(s) should have a high degree
of interest in local history matters." Similarly, for appointments to the Library Board, the
Library CEO believes that it is important that Members of Council be provided with a
"library board member skills matrix".
4.2 Therefore, the Clerk's Division will forward the confidential applications to the Library
CEO, who has committed to providing the matrix to the Clerk's Division Staff
immediately after the close of the applications for the Library Board, and prior to
finalizing the report for approval by the CAO. The distribution of the confidential
applications is consistent with the past practice and this approach for the library matrix
has been added to the proposed policy.
5. Samuel Wilmot Nature Area Management Advisory
Committee
5.1 At their October 19, 2021 meeting, the Samuel Wilmot Nature Area Management
Advisory Committee (SWNAMAC), discussion took place concerning the possibility of
input into the selection process. In an excerpt of their minutes, "it was noted that our
committee is a very active one, with physical activity often involved. Persons with the
appropriate academic backgrounds and/or experience with environmental/nature
matters would be ideal. Discussion also took place about when and how many persons
should be added to the committee at one time. No decision was reached but we do
appear to have the authority to bring new members on board individually or all at once."
5.2 Staff are assuming that this request would apply only to the irregular vacancies (i.e. not
to the appointment of the full Committee at the beginning of the Council term) and is not
related to applications to sub -committees of SWNAMAC.
Municipality of Clarington Page 6
Report LGS-030-21
5.3 Staff have discussed the matter with Brian Reid, Chair of SWNAMAC, who indicated
that the Committee's main concern is that the new members are unprepared or
unaware of the time/type of commitment required for their active Committee. He
believes that this may have led to recent turnover in members which, in turn,
undermines the Committee's ability to keep consistency of members. Mr. Reid
suggested that these problems might be solved if Committee members had an
opportunity to review the applicants and discuss the Committee's work with the
applicants and possibly make recommendations to the Council representative.
5.4 Staff expressed the following concerns about this request to Mr. Reid:
a) Privacy Concerns about providing the applications to the SWNAMAC members.
b) Review of applications is outside the mandate of the SWNAMAC Terms of
Reference.
c) Bias - Sharing applications with current board/committee members, may present
a concern where they steer the membership of the board/committee towards a
particular point of view/bias. It may also create animosity from the
board/committee if Council disagreed with their appointment recommendations.
d) Timing — There is also a concern about how this change would impact timing of
appointments. It already takes several weeks to appoint someone (one week for
lead time in placing advertisements; three weeks for advertising; and could be
another two weeks, depending on where we are within the meeting cycle). The
deadline is often set close to the report deadline (i.e. report is written, and we
add names/applications as they come in) to allow as much time as possible to
apply. Staff assume that the Committee would need to meet as a group to review
and advise (otherwise it is individual members, not representing the Committee),
which would add more weeks as they only meet monthly.
5.5 Staff acknowledge the concerns of the Committee and have agreed, with Mr. Reid, to
take the following steps to improve the process rather than provide the applications:
a) Make changes to the "Committee webpage" to better describe the work that is
done by the committee and the skills and time commitments required by
members (this will be done for all Committees).
b) Add the skills requirement to the particular application form for each
committee (this will be done for all Committees).
Municipality of Clarington
Report LGS-030-21
Page 7
c) Either in the application form and/or on the webpage advertising the vacancy,
add the contact information for the Chair and Vice -Chair (will only be done for
Committees who request this). Applicants will be urged to contact the Chair or
Vice -Chair to learn more about the workings and time/skills requirements for
the Committee.
d) The appointment report, containing the applications, will include:
a. the list of required skills for the vacancy; and
b. an indication if an applicant does not meet the minimum requirements
for the Committee.
Staff and Mr. Reid believe that the above changes will mitigate the Committee's
concerns.
6. Concurrence
Department Heads have reviewed the policy and are in concurrence.
7. Conclusion
It is respectfully recommended that the policy for appointments to boards/committees,
as detailed in Attachment 1 to this Report, be approved.
Staff Contact: June Gallagher, Municipal Clerk, 905-623-3379 ext. 2102 or
jgallagher@clarington.net.
Attachments:
Attachment 1 — Appointment to Boards/Committees Policy
Interested Parties:
Brian Reid, Chair, Samuel Wilmot Nature Area Management Advisory Committee
Linda Kent, Library CEO, Clarington Library and Museums
Bowmanville BIA
Newcastle BIA
Newcastle Village Community Hall Board
Orono BIA
Property Standards Committee
Solina Community Hall Board
Tyrone Community Hall Board
Newcastle Arena Board
Accessibility Advisory Committee
Agricultural Advisory Committee
Municipality of Clarington
Report LGS-030-21
Active Transportation and Safe Roads Committee
Clarington Task Force on Affordable Housing
Diversity Advisory Committee
Clarington Heritage Committee
Tourism Advisory Committee
Page 8
Corporate Policy
Attachment 1 to Report LGS-030-21
ciffbooil
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ordinator at 905-623-3379 ext. 2131
Policy Title:
Policy #:
Report #:
Resolution:
Effective Date:
Revised Date:
Legislative History:
Notes:
1. Purpose:
Council Appointments to Boards and
Committees
LGS-030-21
November 22, 2021
To establish a standardized, transparent, and fair process for Council
appointments to Boards and Committees.
2. Policy Procedures:
Reasonable efforts shall be made to ensure the membership of each
board/committee provides the necessary skills and experience to fulfill the
mandate of the board/committee while reflecting the needs of the Clarington
community. Details specific to each board/committee shall be included in the
Terms of Reference.
3. Application:
In the final month of a Term of Council the Committee Coordinator shall ensure
that the opportunity for appointments to boards and committees is advertised in
the local newspapers for three weeks, Municipal website, ClaringtonVolunteers
website, and social media.
Where applicable, and where requested by the Board/Committee Chair, the
contact information for the Chair and/or Vice -Chair will be provided to
prospective applicants for the upcoming term. This will allow applicants to better
understand the Board/Committee, their work, and the expectations.
Persons wishing to sit on a board or committee shall submit a completed
application, which shall include a resume to the Municipal Clerk's Division.
The Committee Coordinator shall receive all applications for appointment.
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Council -Approved Policy Crtwiligma
The application form, as determined by the Municipal Clerk, shall include a
declaration to be signed by the applicant confirming they meet the eligibility
requirements as set forth in this Policy, and the Terms of Reference, if
applicable, confirming that they are submitting a fully completed application.
Applications shall be deemed incomplete if there are not sufficient details to
satisfy the requirements of the vacancy. In this situation, the Committee
Coordinator can request additional information and, if not received, the
application will be deemed incomplete and shall be noted as such when
presented to Council.
If an application is received after the deadline, but prior to the start of the
meeting, the application will be forwarded to Members of Committee and noted
as "late", where possible, as determined by the Municipal Clerk.
If no applications are received, the position shall be re -advertised.
4. Evaluation
The Committee Coordinator shall prepare a report to the General Government
Committee (GGC) attaching an application package for each committee for
consideration and appointment. The report will contain an indication if an
applicant does not meet the minimum criteria. Applications for vacancies to the
Clarington Public Library will include a skills matrix prepared by the Library
CEO.
The Committee Coordinator shall assemble the applications according to
board/committee and shall forward a copy of the application packages to the
appropriate Department Head and Committee Staff Liaison, where applicable,
for their information.
5. General Government Committee (GGC) Consideration
The staff report will be included on an agenda for a regularly scheduled GGC
meeting as soon as possible after the commencement of a new Term of
Council.
Copies of the completed applications shall be supplied to the GGC Members in
a confidential package, under separate cover from the GGC Agenda.
The report shall be considered at the appropriate section of the agenda at the
GGC meeting, in open session.
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Council -Approved Policy Crtwiligma
Appointments to Boards/Committees shall be considered one board/committee
at a time.
6. Voting
A successful candidate must receive a majority vote of all members of Council
present at the meeting.
The appointment shall be ratified by Council.
The Chair shall announce the number of positions to be filled for the
board/committee currently under consideration.
The Municipal Clerk, or designate, will display an excel sheet with the list of
candidates and list of Members of Council.
The Municipal Clerk, or designate, shall record the vote by asking each Member
of Council for their vote verbally and adding it to the tracking document. The
totals for the vote are calculated after each Member of Council has voted. The
Member of Council may only vote for up to as many positions on the Committee
or Board as are remaining to be filling in that round of voting. Over -votes are not
permitted. Under -votes are permitted.
If Committee does not appoint the required number of members, the positions
will be re -advertised.
The Municipal Clerk, or designate, shall record the votes as they are stated, and
if the number of positions to be filled and the number of applicants(s) with a
majority of votes are equal, those nominees shall be declared elected to the
board/committee.
At the end of the first, or any subsequent round of voting, where there are fewer
nominees who received a majority of votes than positions remaining to be filled
on the board or committee, those nominees receiving a majority of votes shall
be deemed to have been appointed. The Municipal Clerk, or designate, shall
remove the names of the appointed nominees from the nominee slate.
At the end of the first, or any subsequent round of voting, where there are more
nominees who received a majority of votes than positions remaining to be filled
on the board or committee, beginning with the nominees with the highest
number of votes for that round of voting, and moving down the list (from highest
to lowest) the number of nominees required to fill the positions shall be deemed
to have been appointed.
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Council -Approved Policy Crtwiligma
In the event of a tie among nominees at the lowest end of the group of
nominees receiving a majority of votes (as stated in g) above), only those
candidates with the higher votes than the tied candidates are deemed to have
been appointed, and only those tied nominees shall be included in the next
round of voting.
At the end of the first or any subsequent round of voting, where there are no
nominees who received a majority of votes, the nominee who received the
least number of votes is removed from the nominee slate. Where there is a tie
for the least number of votes, all of those nominees tied shall be removed from
the nominee slate.
In the event of a tie among nominees who received the most votes, and the
number of tied candidates exceeds the position(s) remaining to be filled; only
those tied candidates shall be included in the next round of voting.
In the event of three successive rounds of voting with the same results, a
deadlock shall be declared by the Chair and a "draw by lot" shall be conducted
by the Municipal Clerk, or designate.
Should the "draw by lot" be to fill a single vacancy when only two candidates
remain, the candidate whose name is drawn shall be declared the successful
appointee to the position.
Should the "draw by lot" be to fill more than one vacancy, the Municipal Clerk, or
designate, shall draw the number of names as there are vacancies. Each name
drawn shall be declared a successful appointee to the position and shall be
announced prior to drawing the next name.
7. Appointments of Council Members to Boards and Committees
The procedures outlined in Section 6 shall be followed for any appointment of
Members of Council to a board or committee.
Alternatively, Committee may dispense with voting and recommend a particular
Member of Council to a board or committee. Similarly, Council may do the
same.
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Council -Approved Policy CitV.1114011
8. Filling of Vacancies
In the event of a vacancy on any Board/Committee, the same procedure shall
be followed as detailed above, with the necessary modifications as noted below.
Applications of unsuccessful applicants shall be kept on file in the event of a
vacancy.
The Committee Coordinator shall contact any unsuccessful applicants to see if
they are still interested in sitting on the board/committee. If they wish to put
forward their application and, if there are enough qualified applicants to fill the
vacancy positions, the vacancy will not be advertised, and a report will go
directly to the GGC meeting.
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