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HomeMy WebLinkAbout2022-06-14 Region of Durham's Appt of IC.pdfIf this information is required in an accessible format, please contact 1-800-372-1102 ext. 2126 The Regional Municipality of Durham Report To: Finance and Administration Committee From: Commissioner of Corporate Services Report: #2022-A-19 Date: June 14, 2022 Subject: ointment of an In Recommendation: ritv Commissioner for the Reaion of Durham That the Finance and Administration Committee recommends to Regional Council: A) That By-law 11-2019 be repealed and replaced with a By-law generally in the form included as Attachment #1 to this Report, to confirm the appointment of Principles Integrity as the provider of Integrity Commissioner services for the Regional Municipality of Durham; and B) The initial term of contract for the Integrity Commissioner shall be for the 2022-2026 term of Reqional Council with the option to renew for an additional Council term. Report: 1. Purpose 1.1 The purpose of this report is to appoint Principles Integrity to provide Integrity Commissioner services for the Regional Municipality of Durham. Report #2022-A-19 2. Background Paae 2 of 5 2.1 Previously the Region undertook an RFP process for the selection of an Integrity Commissioner. On September 21, 2016, RFP 1042A-2016 was formally issued to receive proposals for the Integrity Commissioner services. The RFP closed on October 20, 2016. 2.2 Encompassed within the Integrity Commissioner RFP was a cooperative purchasing arrangement under which the local area municipalities could choose to appoint the selected respondent, within the term of the contract, for the same terms and conditions including the price. 2.3 Three proposals were received and deemed compliant. The proposals were evaluated by a team with representatives from Corporate Services - Legal Services, the Regional Clerk and overseen by the Purchasing Section of the Finance Department. 2.4 On December 14, 2016 Report #2016-COW-75 was considered and Regional Council approved By-law 58-2016 to appoint Guy W. Giorno as the Integrity Commissioner for the Regional Municipality of Durham for a term beginning on January 1, 2017 and terminating at the end of the current term of Council (November 14, 2022). 2.5 To accommodate for changes to integrity commissioner services by virtue of the passage of Bill 68, the Modernizing Ontario's Municipal Legislation Act, 2017, the original agreement with Mr. Giorno was amended as of March 1, 2019, to include additional services including the provision of advice to members of Council. By-law 11-2019 adopting these amendments was approved by Council. 2.6 The current Integrity Commissioner contract expires at the end of the term of Council, November 14, 2022, therefore it was necessary to conduct a selection process to ensure that Integrity Commissioner services are in place for the next term of Council. 39 Report #2022-A-19 3. Selection Process Paae 3 of 5 3.1 In accordance with the Region's Consultant and Professional Services Contracting Procedure, where the project or annual value of a consulting or professional service assignment is expected to be less than $100,000, the initiating department shall obtain three proposals, where possible, and evaluate the submissions based on price and quality -based criteria. The highest scoring proposal shall be selected, and a consulting agreement shall be prepared based on established procedures and executed by the Director, in this case the Regional Clerk. Based on the previous level of complaints and inquiries, the annual value for Integrity Commissioner services is expected to be less than $100,000. 3.2 Invitations to enter into a consulting and professional services contract with the Region were sent to six individuals/firms. Three proposals were received and evaluated by a team from Corporate Services — Legal Services and Corporate Services — Legislative Services. Respondents also participated in presentation and interview sessions which were evaluated by the same team, with the addition of the Clerks from Oshawa, Pickering and Whitby. 4. Previous Reports and Decisions 4.1 #2016-COW-75 Bill 8 — Public Sector and MPP Accountability and Transparency Act, 2014: Appointment of Regional Integrity Commissioner 5. Legislative Parameters 5.1 Under the Municipal Act, 2001, Council has the authority to appoint an Integrity Commissioner. The Legislative Services division of Corporate Services, under the direction of the Regional Clerk, serves as the Region's liaison to accountability officials including the Integrity Commissioner. The Integrity Commissioner is an independent officer who reports directly to Council and whose powers and duties are set out in the Municipal Act, 2001. Report #2022-A-19 Page 4 of 5 5.2 The Integrity Commissioner shall have the following responsibilities outlined under section 223.3 of the Municipal Act: a. The application of the code of conduct for members of council and the code of conduct for members of local boards. b. The application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards. C. The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act to members of council and of local boards. d. Requests from members of council and of local boards for advice respecting their obligations under the code of conduct applicable to the member. e. Requests from members of council and of local boards for advice respecting their obligations under a procedure, rule, or policy of the municipality or of the local board, as the case may be, governing the ethical behaviour of members. Requests from members of council and of local boards for advice respecting their obligations under the Municipal Conflict of Interest Act. g. The provision of educational information to members of council, members of local boards, the municipality, and the public about the municipality's codes of conduct for members of council and members of local boards and about the Municipal Conflict of Interest Act. 5.3 The Integrity Commissioner may recommend that Regional Council impose penalties in accordance with the Municipal Act, 2001 if in the opinion of the Regional Integrity Commissioner, a Member of Council has contravened the Code of Conduct. 6. Area Municipal Considerations 6.1 As with the previous Integrity Commissioner contract, a "piggyback" clause was included so that the Area Municipalities can avail themselves of the contract should they wish to. As such, Clerks from various area municipalities were involved in the interview process for the Integrity Commissioner. 41 Report #2022-A-19 7. Relationship to Strategic Plan Paae 5 of 5 7.1 This report aligns with/addresses the following strategic goals and priorities in the Durham Region Strategic Plan: a. Goal 5: Service Excellence. Objective: To provide exceptional value to Durham taxpayers through responsive, effective and fiscally sustainable service delivery. • 5.3 Demonstrate commitment to continuous quality improvement and communicating results 8. Conclusion 8.1 Following an evaluation of the proposals submitted and a presentation/interview component, an agreement will be entered into with Principles Integrity for Integrity Commissioner services for the Regional Municipality of Durham, subject to appointment by Regional Council. 9. Attachments Attachment #1: Proposed By-law to appoint Integrity Commissioner Prepared by: Leigh Fleury, Legislative Officer and Deputy Clerk Pro Tem, at 905-668- 7711, extension 2020. Respectfully submitted, Original signed by Don Beaton, BCom, M.P.A. Commissioner of Corporate Services Recommended for Presentation to Committee Original signed by Elaine C. Baxter-Trahair Chief Administrative Officer 42 Attachment #1 By-law Number xx-2022 of The Regional Municipality of Durham Being a by-law to confirm the appointment of xxxxxx as the Integrity Commissioner for the Regional Municipality of Durham (Regional Integrity Commissioner). Whereas pursuant to Part V.1 of the Municipal Act 2001 S.O. c. 25 a municipality is authorized to appoint an Integrity Commissioner who reports to Council and who is responsible for performing in an independent manner the functions assigned by the municipality; Now therefore, the Council of The Regional Municipality of Durham hereby enacts as follows: 1. That the agreement with xxxxxxx as the Regional Integrity Commissioner provide the following roles and provide the following services: Role: The role of the Regional Integrity Commissioner is: 1. The application of the Code of Conduct for Members of Council and for members of local boards 2. The application of any procedures, rules and policies of the Region and local boards governing the ethical behavior of Members of Council and local boards. 3. The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act to Members of Council and local boards. 4. Respond to requests from Members of Council and of local boards for advice respecting their obligations under the Code of Conduct applicable to the member. 5. Respond to requests from Members of Council and of local boards for advice respecting their obligations under a procedure, rule or policy of the Region or of a local board, governing the ethical behaviour of members. 6. Respond to requests from Members of Council and of local boards for advice respecting their obligations under the Municipal Conflict of Interest Act. 7. Provide educational information to Members of Council and local boards. Duties The Regional Integrity Commissioner shall cause to perform, in an independent manner, the functions of an Integrity Commissioner pursuant to Part V.1 of the Municipal Act, 2001 with respect to the application of the Code of Conduct for Members of Council of the Regional Municipality of Durham, including any legislation, procedures, rules and policies of the Region of Durham governing the ethical behaviour of the Members of Council. The mandate of the Regional Integrity Commissioner will include: 1. Provisions of advice and education upon request by a Member of Council or by Council as a whole, regarding ethical obligations and responsibilities under their Code of Conduct, and any other legislation, rules or policies governing their ethical behaviour; and 43 2. Receiving, assessing and investigating where appropriate, complaints made by Council, a member of Council, a member of staff, or a member of the public respecting an alleged breach of the Code of Conduct for the Members of Council of the Regional Municipality of Durham through the provisions of the Code of Conduct and the Complaints Protocol. 3. Receiving, assessing and conducting an inquiry, where appropriate, with respect to requests for inquiry made by an elector or a person demonstrably acting in the public interest concerning an alleged contravention of section 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act. 4. Giving advice on policy issues and the workings of the Regional Integrity Commissioner's office. 5. All advice being provided in writing in accordance to the requirements of s. 223.3(2.2) Reporting to Council The Regional Integrity Commissioner will report directly to Regional Council with a report containing the results of investigations and one annual report summarizing the year's activities, observations and any resulting general recommendations. 2. The Integrity Commissioner may recommend that Regional Council impose penalties in accordance with the Municipal Act, 2001 if in the opinion of the Regional Integrity Commissioner, a Member of Council has contravened the Code of Conduct. Other General Provisions That should the Regional Integrity Commissioner conduct an investigation or provide any other service, it shall do so in accordance with the terms and conditions of the Agreement executed between it and the Regional Municipality of Durham and shall adhere to all applicable laws, applicable statutes and established Regional policies. 2. That any local municipality within the geographic region of the Regional Municipality of Durham desirous to retain the Regional Integrity Commissioner to provide Integrity Commissioner services for their municipality that they may execute the Agreement with the Regional Municipality of Durham and shall pay the Regional Integrity Commissioner for services in accordance to their hourly fee in accordance to the terms of the Agreement provided they have obtained the required approvals to do so. 3. That should the Regional Municipality of Durham or any local municipality desire any further services from the Regional Integrity Commissioner outside what is outlined in this by-law, the Regional Integrity Commissioner may oblige in providing such other services, so long as the respective Council of the municipality requesting such other service has passed a resolution through their respective Council to authorize the Regional Integrity Commissioner to provide such other service. If authorized to do so, the Regional Integrity Commissioner will charge their hourly fee in accordance to the Agreement for such other services to the municipality requesting such other services. 4. That all services provided by the Integrity Commissioner conform to all the statutory requirements of s. 223.3 to 223.8 of the Municipal Act S.O., 2001. El That By-law #11-2019 be repealed effective November 14, 2022. This By-law Read and Passed on the xx day of June, 2022, effective as of November 15, 2022. J. Henry, Regional Chair and CEO A. Harras, Regional Clerk 45