Loading...
HomeMy WebLinkAboutPSD-007-04i Qing the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 12, 2004 �Ypy-Qpg-O+ Report #: PSD -007-04 File #: PLN 7.6 By-law M Subject: PROTOCOL FOR COUNCIL —APPOINTED ADVISORY COMMITTEES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD- 007 -04 be received; 2. THAT the Protocol for Council — Appointed Advisory Committees be approved; and 3. THAT a senior management member from the Department responsible for each committee to which the protocol applies be directed to attend the first meeting of each new term to advise the Committee of their role and mandate, and to review the Protocol. Submitted by: Reviewed by: C) avi . Cr C.I.P., R.P.P. Franklin Wu, Directo f Plann nq Services Chief Administrative Officer FOS-DJC*Id 5 January 2004 T. Uutlkcipal Clerk Anthony Canella, C.E.T. Director of Engineering Services CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD -007-04 1.0 PURPOSE OF REPORT PAGE 2 1.1 The purpose of this report is to present to Council a proposed protocol that would apply to all Council - Appointed Advisory Committees. 2.0 BACKGROUND 2.1 Council has created a number of committees to provide advice on various matters. Council appoints the members of these committees at the beginning of each term. Municipal staff are designated to provide both technical and administrative assistance to these committees and ensure that they function effectively. However, the level of staff support provided to each committee varies and can in some instances place a considerable burden on staff and administrative resources. 2.2 There have been occasions when advisory committees and their members have not been clear as to their mandate and have operated outside the Council approved Terms of Reference for the committee. 2.3 Council relies on the advisory committees to provide advice from a community perspective on matters of importance to the Municipality. It is therefore important that these committees operate in an effective manner within their defined mandate, and that the level of staff support provided to these committees is both consistent and appropriate. 2.4 A Protocol has been prepared that would ensure that all Council — Appointed Advisory Committees operate in a consistent manner and that the level of staff support provided to these committees is consistent across the Corporation. 3.0 OVERVIEW OF PROTOCOL 3.1 The Protocol sets out the matters that must be included in a committees Terms of Reference, including background, mandate, scope of activities, and membership. This will help ensure that the mandate and activities of each committee are clearly defined. 3.2 The Protocol also establishes standardized rules of procedure for the committees and members. Matters such as the role of the chair and vice -chair, responsibilities and obligations of members, voting, conflict of interest, the participation of the public at meetings, and reporting to Council are addressed. By establishing a standardized protocol, it is hoped that the committees will function more effectively. 3.3.1 The Protocol defines the level of support that Municipal staff provide to each committee. In recognition of the differing mandates and scope of activities of the various committees, the responsible Department Head may supplement the level of clerical, administrative and technical assistance provided to a committee to ensure that it is able to properly fulfil its mandate. _ b3�, REPORT NO.: PSD -007-04 PAGE 3 3.3.2 The Protocol sets out the existing Reporting process of circulating the draft minutes to Council. Some of the Committee's have questioned this process, as they feel the minutes should be reviewed and finalized by the Committee prior to being published in the Council agenda. 4.0 COMMITTEES TO WHICH THE PROTOCOL WOULD APPLY 4.1 There are two main types of Council —Appointed Advisory Committees: Standing Advisory Committees. These committees provide advice to Council on an on-going basis, and include the Local Architectural Conservation Advisory Committee, the Clarington Agricultural Advisory Committee, the Clarington Traffic Management Advisory Committee, the Samuel Wilmot Nature Area Management Advisory Committee, the Animal Advisory Committee, and the Clarington Accessibility Advisory Committee; and Project — Specific Committees. These committees provide advice to Council related to a specific project and generally expire when the project is completed. The Clarington Highway 407 Community Advisory Committee and the Port Granby Project Community Advisory Committee are project -specific advisory committees. It is suggested the proposed protocol apply to Council -appointed Advisory Committees as listed above. 4.2 There are a number of other committees either created by the Municipality or on which there is some level of municipal representation, such as: Project Committees Appointed by Department Head. These committees are created for specific projects, such as a Heritage Conservation District and Community Improvement Plans, and act as resources for the staff working on the project; Community Committees. These include, the St. Marys Community Relations Committee, Valleys 2000, and the Darlington Site Planning Committee. Staff attend these meetings on behalf of the Municipality; and Statutory Committees. The Committee of Adjustment is a statutory committee created pursuant to the Planning Act and, although its members are appointed by Council, it is a decision-making body and not an advisory committee. It is suggested that the proposed protocol not apply to these types of committees. 636 REPORT NO.: PSD -007-04 5.0 CONCLUSION PAGE 4 The Municipality appreciates the valuable input advisory committees provide to Council and Staff. However, in the past, there has been some confusion related to the mandate of the various committees, the rules of procedure, and the level of staff support. The attached Protocol will help to provide clarity on these matters and help both the committees and staff in performing their duties. Attachments Attachment 1 — Protocol Council — Appointed Advisory Committees 657 Attachment 1 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. This Protocol shall apply to the following committees: Clarington Animal Advisory Committee • Clarington Accessibility Advisory Committee • Clarington Agricultural Advisory Committee • Clarington Highway 407 Community Advisory Committee • Clarington Traffic Management Advisory Committee • Local Architectural Conservation Advisory Committee Port Granby Project Community Advisory Committee • Samuel Wilmot Nature Area Management Advisory Committee POLICY Terms of Reference Clerk's Clerk's Planning Planning Engineering Planning Planning Engineering 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. Members of Council and municipal staff sitting on the Committee shall not be eligible to assume the position of Chair or Vice -Chair. b -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. 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. bS`� -3 - 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. 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. 640 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 Council or 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. 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. 64