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HomeMy WebLinkAboutLGS-023-24Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. General Government Committee June 3, 2024 Report Number: LGS-023-24 June Gallagher, Municipal Clerk Rob Maciver, Deputy CAO/Solicitor, Legislative Services Mary-Anne Dempster, CAO By-law Number: Report To: Date of Meeting: Authored by: Submitted By: Reviewed By: File Number: Report Subject: Council-Staff Relations Policy – Update Recommendations: 1.That Report LGS-023-24, and any related delegations or communication items, be received; 2.That the updated Council-Staff Relations Policy, attached to Report LGS-023-24, as Attachment 1, be approved; 3.That the Council-Staff Relations Policy be updated on Clarington’s Accountability and Transparency webpage; and 4.That all interested parties listed in Report LGS-023-24, and any delegations be advised of Council’s decision. Resolution Number: GG-099-24 Municipality of Clarington Page 2 Report LGS-023-24 Report Overview This report responds to the Council direction to review the Council-Staff Relations Policy in light of the passage of the Strong Mayors Act. In addition, Staff reviewed the policy with a view to streamlining the content. This report provides the background, the review, and explanations of the changes to the Policy. 1. Background 1.1 Arising out of the Strong Mayors Act, Staff brought Report LGS-024-23 to the General Government Committee of September 11, 2023. The Committee passed the following Resolution #GG-145-23 (excerpted): That Staff bring forward updates to the Council-Staff Relations Policy E12, as it relates to the strong mayors powers, during a fuller review of the policy. 2. Legislative Requirement 2.1 The Province’s passage of Bill 68, Modernizing Ontario’s Municipal Legislation Act, 2017, with latter proclamations in March 2019, prompted the Municipality to review several accountability and transparency requirements. Subsection 270 (1) 2.1 of the Act requires that “a municipality shall adopt and maintain policies with respect to the relationship between members of council and the officers and employees of the municipality.” Following consideration of Report CLD-004-19, Council approved the current Council-Staff Relations Policy, Policy E12. 2.2 Since the Act states that it is the “Municipality” that must adopt the policy, this is a Council Policy in the sense of the new approach to Clarington’s policy framework. 3. General Review of Council-Staff Relations Policy 3.1 When the Council-Staff Relations Policy was developed, it was acknowledged that it was a consolidation of relevant sections of other accountability and transparency policies which were already in place, including:  Council Code of Conduct  Employee Code of Ethics  Harassment Policy  Transparency and Accountability Policy  Procedural By-law Municipality of Clarington Page 3 Report LGS-023-24 3.2 However, there were some sections which were pulled out of other policies (i.e. the Procedural By-law, the Transparency and Accountability Policy, and the Council Code of Conduct) at the time. 3.3 In reviewing other municipalities’ approach to their policies, Staff recommend a more streamlined approach (which is the same approach as Durham Region’s). As a result, the attached draft policy (Attachment 1) has removed the excerpted sections from other policies and simply referenced the policy document. 3.4 This review of other municipalities’ policies also revealed that Clarington’s should include a reference to the Use of Corporate Resources for Elections Purposes Policy, therefore Staff have added this to the attached. 4. Strong Mayors Act – Review and Implications 4.1 As noted in Report LGS-024-23, the requirement within the Council-Staff Relations Policy that every Member of Council acknowledges that Staff operate in accordance with the decisions of Council and not any individual Member, no longer applies to the Mayor, who can now direct Staff. 4.2 Therefore, Staff are recommending that two sections be added to address this change. 5. Housekeeping of the Policy 5.1 Staff are recommending slight wording changes, including the definition of “Employee” and “Member”. 5.2 In accordance with the new policy framework, this policy has been converted to the new Council Policy template. 6. Financial Considerations Not Applicable. 7. Strategic Plan Not Applicable. Municipality of Clarington Page 4 Report LGS-023-24 8. Concurrence This report has been reviewed by the Senior Leadership Team who concur with the recommendations. 9. Conclusion It is respectfully recommended that Council approve the updated Council-Staff Relations Policy (Attachment 1). Staff Contact: June Gallagher, Municipal Clerk, jgallagher@clarington.net. Attachments: Attachment 1 – Updated Council-Staff Relations Policy Interested Parties: Principles Integrity (Clarington’s Integrity Commissioner) Council Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Page 1 of 5 Number: CP-00# Title: Council-Staff Relations Policy Type: Political Governance Sub-type: Accountability and Compliance Owner: Legislative Services Department Clerk’s Division Approved By: Council Approval Date: February 25, 2019 Effective Date: February 25, 2019 Revised Date: June 24, 2024 Applicable to: All Employees and All Members of Council 1. Legislative or Administrative Authority: 1.1. Subsection 270(1) of the Municipal Act, 2001, requires every municipality to adopt and maintain this policy. 2. Purpose: 2.1. This policy provides guidance on how the Municipality of Clarington will promote a respectful, tolerant, and harassment-free relationship and workplace between Members of Council and the officers and employees of the Municipality of Clarington. 3. Scope: 3.1. This policy applies to all Clarington employees and all Members of Council. 4. Definitions: 4.1. “Employee” has the same meaning as provided in the Employment Standards Act, 2000, S.O. 2000, c. 41, and are those persons who are employed by the Municipality of Clarington. 4.2. “Member” is a person elected, or appointed, to the Municipality of Clarington’s Council. Council Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Page 2 of 5 5. Policy Requirements: General Guidance 5.1. The Municipality of Clarington promotes a respectful, tolerant, harassment -free relationship and workplace for Members of Council and the officers and employees of the Municipality of Clarington, guided by the Procedural By-law, Council Code of Conduct, the Employee Code of Conduct, Code of Ethics Policy, and the Harassment Policy. These policies collectively comprise the Council and Staff Relations Policy. Direction from Council to Staff 5.2. Members acknowledge that only Council, as a whole, has the capacity to direct employees. 5.3. Notwithstanding the previous statement, the Mayor may, in accordance with the Strong Mayor powers within Part VI.1 of the Municipal Act, direct Staff in certain circumstances. Concerns from Council 5.4. Members will direct any concerns, respecting employees, through the Chief Administrative Officer. 5.5. Notwithstanding the previous statement, the Mayor may, in accordance with the Strong Mayor powers within Part VI.1 of the Municipal Act, deal directly with employees under their responsibility. Relationship Guidance 5.6. The relationship between Members and the Employees is guided by the following: Code of Conduct for Members of Council 5.6.1. The Council Code of Conduct encourages high standards of conduct among Members. Adherence to these standards protects and maintains the reputation and integrity of the Members and the Municipality. Council Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Page 3 of 5 Employee Code of Ethics 5.6.2. The Employee Code of Ethics is founded on the notion of ensuring integrity in public services through the recognition and promotion of the fundamental principles of transparency, impartiality, respect, and accountability, including interactions with Members of Council. As such, these general principles are detailed in the prevailing Employee Code of Ethics Policy. Harassment Policy for Employees 5.6.3. The Corporation of the Municipality of Clarington is dedicated to providing a healthy and safe work environment. Acts of workplace harassment by staff, volunteers, visitors, contractors, or vendors will not be tolerated. The Municipality of Clarington has a policy of zero tolerance towards workplace harassment. 5.6.4. The Harassment Policy provides a standard of conduct for Employees in the carrying out of their work assignments and their relationships with the public, elected officials, and each other. Any compla ints related to Members or Employees must follow the process outlined in the prevailing Harassment Policy, which indicates that the matter will be addressed through the Council Code of Conduct, Complaint Procedure, or by the Integrity Commissioner. The Integrity Commissioner will report to Council in accordance with the governing protocol of that Office. Transparency and Accountability Policy 5.6.5. The Transparency and Accountability Policy provides guiding principles to ensure Clarington’s commitment to being accountable to the public for its actions, through responsible and transparent behaviour. Procedural By-law 5.6.6. The Procedural By-law establishes the rules, procedures and conduct applicable to Council and Committee meetings. Council Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Page 4 of 5 Use of Corporate Resources for Election Purposes Policy 5.6.7. The Use of Corporate Resources for Election Purposes Policy provides guidance on the appropriate use of corporate resources during municipal, school board, provincial and federal election campaigns, and campaigns on a question on the ballot to protect the interests of both Members and the Corporation. 6. Roles and Responsibilities: 6.1. Council is responsible for: 6.1.1. Adhering to this policy and its governing provisions. 6.2. Chief Administrative Officer (CAO) is responsible for: 6.2.1. Ensuring that all employees are aware of this policy and adhere to the policy and its governing provisions. 6.3. All Staff are responsible for: 6.3.1. Adhering to this policy and its governing provisions. 7. Related Documents: 7.1. Procedural By-law 7.2. Council Code of Conduct 7.3. Employee Code of Conduct 7.4. Code of Ethics Policy 7.5. Harassment Policy 7.6. Use of Corporate Resources for Election Purposes Policy Council Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Page 5 of 5 8. Inquiries: 8.1. Municipal Clerk 9. Revision History: Date Description of Changes Approved By 2019-02-25 Arising out of Report CLD-004-19, initial creation of Council-Staff Relations Policy Council 2024-06-24 Arising out of Report LGS-023-24, additions to definitions; sections regarding Strong Mayors and Use of Corporate Resources for Elections Purposes Policy. Converted to new Council Policy template. Council