HomeMy WebLinkAboutLGS-040-24Staff Report
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Report To: General Government Committee
Date of Meeting: December 2, 2024 Report Number: LGS-040-24
Submitted By:Rob Maciver, Deputy CAO/Solicitor, Legislative Services
Reviewed By:Mary-Anne Dempster, CAO Resolution#:
Authored by:Lindsey Turcotte, Committee Coordinator
File Number:By-law Number:
Report Subject: Municipal Service Boards Terms of Reference Update
Recommendations:
That Report LGS-040-24, and any related delegations or communication items, be
received;
That the By-law attached to Report LGS-040-24, as Attachment 1,to repeal By-law
2008-039, and to establish the Tyrone Hall Board, be approved;
That the By-law attached to Report LGS-040-24, as Attachment 2, to repeal By-law
, and to establish the Solina Hall Board, be approved;
That the By-law attached to Report LGS-040-24, as Attachment 3, to repeal By-law
20 , and to establish the Newcastle Village Community Hall Board, be
approved;
That Peter Martin, and Vincent Wong, on the Newcastle Village Community Hall
Board, whose terms have expired, be thanked for their work on the Board;
That the resignations of Crystal Yaki and Barry Carmichael from the Newcastle
Village Community Hall Board, be received with thanks;
Municipality of Clarington Page 2
Report LGS-040-24
7.That the appointment of Janeen Calder, to the Newcastle Hall Board, be extended
until December 31, 2026, or until a successor is appointed;
8.That the Committee consider the applications for appointments to the Newcastle
Village Community Hall Board, and that the vote be conducted to appoint the citizen
representatives, in accordance with the Appointment to Boards and Committees
Policy;
9.That the Appointment to Boards and Committee Policy, now named the
Board/Committee Management Policy attached to Report LGS-040-24, as
Attachment 5, be approved; and
10. That all interested parties listed in Report LGS-040-24, and any delegations be
advised of Council’s decision.
Municipality of Clarington Page 3
Report LGS-040-24
Report Overview
This report details recommended changes to the Municipal Service Boards’ Terms of
Reference to provide a standardized and consistent governance approach. Additionally, this
report provides changes to the Clarington Appointment to Boards and Committees Policy.
1. Background
1.1 Section 196 of the Municipal Act, 2001 authorizes a municipality to establish a Municipal
Service Board and provides that a municipality may give a Municipal Service Board the
control and management of such services and activities of the municipality as the
municipality considers appropriate and shall do so by delegating the powers and duties
of the municipality to the Board.
1.2 The Municipality of Clarington has four Municipal Service Boards (MSBs): Newcastle
Village Community Hall Board, Newcastle Arena Board, Tyrone Hall Board, and Solina
Hall Board.
1.3 The Terms of References for the MSBs have not been comprehensively reviewed since
2014 (although there have been slight amendments). The Advisory Boards/Committees
have had their Terms of Reference updated within the past year. MSBs are slightly
different in that their Terms are set out in their establishing by-law.
2. Terms of Reference Review
2.1 There have been many changes in technology, governance, accountability, and general
procedures since 2014. Therefore, the best approach to account for the changes is to
create a standardized template for the MSB’s. The template addresses issues and
inconsistencies between the Board’s and provides better governance, and
understanding for both the municipality and the MSB, including improved efficiency and
effectiveness.
2.2 The template includes definitions, delegation, board mandate and responsibilities,
municipality responsibilities, board composition, board member qualifications, term
length, remuneration, election of positions, conduct of board members, absences,
resignations, chair and vice-chair, responsibilities and obligations, conflict of interest,
frequency of meetings, quorum, land acknowledgment statement, procedure and rules,
electronic participation, open meetings, public participation and delegations, agendas
and minutes, relationship with the municipality, insurance, budget, and
purchasing/procurement policy.
2.3 The updated draft Terms of Reference (TOR) was provided to the Boards in July 2024.
Since then, the Boards have reviewed and provided comments/changes for Staff to
review.
Municipality of Clarington Page 4
Report LGS-040-24
Changes applicable to all Boards
2.4 Staff Liaison – Staff recommend including a Staff Liaison for each MSB. The Staff
Liaison is a representative from the Public Services Department who will attend board
meetings as a non-voting resource person when requested and provides a link between
the MSB and the Municipality. The benefit to the MSB is having a single point of contact
at the Municipality.
2.5 Term Length – the term lengths are inconsistent between the MSBs; therefore, Staff
recommends appointing members for a term that runs concurrent with the term of
Council, or until their successor is appointed, similar to the Advisory Boards /
Committees. Staff do not recommend staggering terms because it does not achieve
what is desired or expected and adds additional administrative work that is not needed
as turnover on the Boards and Committees occurs naturally. In 2024 there were 19
resignations, not including any term expiries or added members due to the Terms of
Reference updates. Board / Committee members may resign at any time and often do
so for various reasons, which results in a constant turnover of members. If the goal is to
keep some member knowledge on the Board, Council often reappoints members who
have sat on the Board previously, which achieves that same result as staggered terms.
2.6 Hall Use by Municipality – Staff have added a clause that states the Municipality can
use the facility, when available, at no cost, in consultation with the Board. This could be
used for delivering recreational programming, to the benefit of the community. The
Municipality will cover any expenses associated with the use of the facility.
2.7 Snow Clearing and Grass Cutting Responsibilities – Staff from the Community Services
Division provided the Boards flexibility with delivering winter maintenance and grass
cutting. The Municipality will reimburse the Newcastle Village Community Hall Board for
winter maintenance and Solina Hall Board for grass cutting, and the Municipality is
responsible for winter maintenance and grass cutting at the Tyrone Hall Board.
3. Newcastle Hall Board
3.1 Staff are recommending the composition be changed from three directors appointed by
Council and two Directors elected from among citizens of Newcastle Village to seven
voting members (six citizens and one Member of Council), appointed by Council through
the regular appointment process.
3.2 Staff are also recommending the qualifications for Members be changed from a citizen
of the Village of Newcastle to a citizen of the Municipality of Clarington. To reflect this
change, the map attached to the by-law as Schedule A will be removed. Although this is
a departure from the past, it provides clarity on the appointments to the Board (i.e. no
need to determine how an “election” is conducted; no need to determine what the
boundaries of “Newcastle” are; there is a wider pool of people who could be appointed)
and is consistent with the other MSBs. Typically, what we see with other MSBs, the
applicants for appointment to the Board are residents local to the area and/or have a
particular vested interest.
Municipality of Clarington Page 5
Report LGS-040-24
3.3 Currently, the Board has three members (Barry Carmichael, Peter Martin, and Vincent
Wong) whose terms expire on December 31, 2026. Additionally, Crystal Yaki, who was
elected by the Community, for a term ending December 31, 2025, has resigned as of
December 31, 2024. If the composition and appointment process outlined in this report
is approved, Staff are recommending that the current members be appointed for the
remainder of the Council term. Staff have contacted Janeen Calder, who has agreed to
extending her term from December 31, 2025, to December 31, 2026, to align with the
other Board members.
3.4 That leaves four vacancies on the Board, so Staff are recommending that four members
be appointed, for a term ending December 31, 2026, or until a successor is appointed. If
the TOR is approved, there will no longer be a requirement to appoint citizens within the
Village of Newcastle. The following have put forward an application, which has been
attached as a Confidential Attachment 6:
Barry Carmichael
Deanna Frost
Peter Martin
Sean McNamara
Travis Woodbeck
3.5 Staff are recommending removing the Legacy Funds section from the by-law. The
Montague (for use and benefit of the Hall) and Rinch (for maintenance, improvements,
and preservation of the Hall) Trusts are under the municipality’s responsibility and
management and, therefore not required in the By-law as the Board does not manage
the funds. The funds are still accessible by request of the Board. The removal of this
section does not change the financial relationship between the Bo ard and the
municipality.
3.6 Removal of the Will/Debenture - The historical documents were reviewed by the Deputy
CAO/Solicitor and the Treasurer and were deemed not applicable to the current
governance. The fundamental change happened in 1974 when the Region al
Municipality of Durham Act was passed, and everything was transferred from the Village
of Newcastle to the Town of Newcastle and then ultimately Clarington. This change
fundamentally dissolved the “binding to the 1923 Indenture”. Although this is a depa rture
from previous legal reviews/interpretations, it should not have a bearing on how the
Board will continue to do its work. Although the indenture conveyed the building and the
trusts, it should no longer tie us to the governance. It should also be note d that the
building and the trusts were given to the “Corporation of the Village of Newcastle” (i.e.
not the Board), and by extension, the Municipality of Clarington. Additionally, it was the
municipality that established the Board under the Community Centres Act in 1959, and
subsequently has been treated as a Board of Council. Although we are honouring the
spirit of the Indenture, we will not be following the initial governance model. The general
intent of the indenture/will/donations was to provide a Hall in Newcastle for the public,
which is still being maintained.
Municipality of Clarington Page 6
Report LGS-040-24
3.7 Role of the Board - The Board is a group of people appointed to have certain
responsibilities (as a Municipal Service Board under the Municipal Act) which includes
the control and management of the property/hall. Their roles are determined by Council,
and do not necessarily extend to concerns about a 100-year-old conditional donation.
The responsibilities of the Board are outlined in the Terms of Reference and are
consistent with the original intent to have a hall managed by residents, but where the
property and the trust remain with the Municipality.
3.8 The Board reviewed the TOR and provided the comments as outlined in Attachment 4
which Staff have responded to.
4. Tyrone Hall Board
4.1 Composition changed from “appropriate number of directors” to seven total (six citizens,
one Member of Council). Staff believe that, to go any larger, is to invite problems with
obtaining quorum. Boards should be reminded that the role of the board is to set policy.
If more persons are needed to carry out the policy, this can be done as volunteers, but
they do not need to be voting members of the Board.
4.2 Staff clarified questions regarding quorum, the Municipality using the hall, and
dissolution of the Board.
4.3 The Tyrone Hall Board reviewed the TOR and provided the following comments:
Section Tyrone Hall Board Comments Staff Response
Board
Qualifications
Requirements to include “historical”
board members who no longer live
in Clarington.
The Clarington resident requirement is
consistent with all our Boards and
Committees and is our standard for
Council appointments. However, those
citizens (not Clarington residents) can still
help the board and be volunteers.
Volunteers can still help fulfill board tasks
but can’t be appointed to the Board or
vote on decisions of the Board.
Municipality of Clarington Page 7
Report LGS-040-24
Section Tyrone Hall Board Comments Staff Response
Absences Concerns with “Notifying the Chair
of an absence within 24 hours in
advance of a meeting” as
sometimes members are unable to
comply within that timeframe. The
Board assumed the member could
not attend future meetings.
Therefore, they requested to add
“When possible”.
There is no “punishment” if a member
doesn’t notify the Chair within 24 hours
and it does not mean the member cannot
attend future meetings. This requirement
is more of a courtesy to the other
Members of the Board.
If the Members know that they won’t meet
quorum, they will know in advance that
the meeting is cancelled or rescheduled,
and they can make other plans for that
time. This is a standard that we believe is
reasonable and Members should try to
adhere to, but if it’s not met, Staff are
certain the other Members will
understand.
5. Solina Hall Board
5.1 Composition changed from “six persons and one member of whom shall b e a Member
of Council” to seven total members (six citizens, one Member of Council).
5.2 Staff provided clarification regarding the new sidewalk on Concession Road 6, the Staff
Liaison, position papers, and resignations.
5.3 The following are the comments from the Board:
Section Solina Hall Board Comments Staff Response
Definition Request to include Canteen and
Picnic Shelter to the definition.
Staff have added this in.
Municipality of Clarington Page 8
Report LGS-040-24
Section Solina Hall Board Comments Staff Response
Term Length Suggestion to have staggered
terms. The Board has concerns
regarding the entire board
changing in the same year,
affecting the consistency of the
Board. They would like to see at
least one experienced member on
the board at all times.
Staggered terms do not achieve what
is desired or expected.
Board/Committee members may
resign at any time and often do for
various reasons. Therefore, there is
usually a constant turnover of
members. If the goal is to keep some
Member knowledge on the Board,
Council often reappoints members
who have sat on the Board previously,
which achieves that result anyway.
Staggered terms add additional
administrative work that is not needed
as it occurs naturally. This is also
explained in Section 2.5 of this report.
6. Newcastle Arena Board
6.1 The Newcastle Arena Board has reviewed the draft Terms of Reference and cannot
concur at this time. The Board is now under review by the Community Services Division,
arising from questions/concerns from the Board. Staff have received one resignation
from the Board, however, it is not recommended to fill the vacancy at this time, until the
review is complete.
7. Appointment to Boards and Committee Policy
7.1 At the November 8, 2021, General Government Committee meeting, the Boards and
Committees Appointment policy was approved. Since that time, Council passed the
Clarington Policy System, therefore, Staff have updated the policy to the new template ,
including changing the Policy name to “Board/Committee Management Policy”. The
following outlines the additional changes that have been incorporated.
Municipality of Clarington Page 9
Report LGS-040-24
Section Current Policy Text Suggested
Amendment/Addition
Scope Staff are recommending the following be
added:
“This policy applies to the Clarington
Advisory Committees, Municipal Service
Boards, and other Committees that
Council makes appointments to”.
Definitions Staff have added in definitions for
Advisory Committees, Municipal Service
Boards, and Other Committees.
Council Review of
Clarington
Boards/Committees
Staff are recommending the following
section be added to provide Council an
opportunity to review the
Boards/Committees before appointing
members to them:
“At the beginning of the Council term,
Staff shall bring forward a report
containing Clarington Board/Committee
background information for Council
review to determine the
Board/Committees for the current term.
This report will include the mandatory
Boards/Committees (i.e. Accessibility
Advisory Committee and Municipal
Service Boards) for information only.”
Municipality of Clarington Page 10
Report LGS-040-24
Section Current Policy Text Suggested
Amendment/Addition
Vacancies “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”.
Staff are recommending that the current
text be deleted and replaced with the
following to ensure all applications are
consistent with the most up-to-date
application form and provide residents
an additional opportunity to submit an
application. This could occur years after
the original appointments and some
residents may not have been aware
when the position was first available, or
may have not been interested then but
are now. Re-advertising may also give
Council a greater selection of
candidates to choose from.
“The Committee Coordinator shall
contact any unsuccessful applicants to
notify them that there is a vacancy. The
vacancy will be advertised, and a report
will go directly to the GGC meeting. If
the unsuccessful applicants are still
interested, they will be directed to
submit a new application.”
Vacancies N/A Staff are recommending the following
section be added:
If the appointed member declines their
appointment, Staff will not re-advertise
for the position and shall bring forward
the current applications at the next
General Government Committee
meeting for Council consideration.
Applications “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 as deemed appropriate
by the Municipal Clerk”.
As a result of the inclusion of the
Council Review of Clarington
Boards/Committees (above), Staff are
recommending removing the words “In
the final month of a Term of Council”
and replacing it with the following:
“Once the Board/Committees are
confirmed”
Municipality of Clarington Page 11
Report LGS-040-24
Section Current Policy Text Suggested
Amendment/Addition
Applications N/A Staff are recommending the following
section be added:
“Each candidate for a Board/Committee
shall be at least eighteen (18) years of
age, on the date of appointment, unless
otherwise specified in the Terms of
Reference of the Board/Committee. Paid
employees of the Board / Committee
and Municipal employees are ineligible
to be a member of the Board”.
Applications “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”.
Staff are recommending the current text
be deleted and replaced with the
following to avoid additional
administrative work and ensures
equality:
Late applications will be kept on file but
will not be processed for the current
vacancy.
Applications “advertised in the local
newspapers, if available, on the
Municipal website, the Clarington
Volunteers website, and social
media”.
Staff are recommending changing the
current wording to the following:
“advertised as deemed appropriate by
the Municipal Clerk.”
Staff intend to advertise as usual,
provided such avenues are available
(i.e. local newspapers).
Evaluation “Applications for vacancies to the
Clarington Public Library will
include a skills matrix prepared by
the Library CEO”.
Staff are recommending changing the
current text with the following:
“The responsible department for the
Board/Committee may prepare a
recommendation to be included in the
agenda”.
Municipality of Clarington Page 12
Report LGS-040-24
Section Current Policy Text Suggested
Amendment/Addition
Voting 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.
It has been the practice to start with the
Board / Committee Council
representative. Therefore, Staff have
imbedded the wording into the Policy as
follows:
“The Municipal Clerk, or designate, shall
record the vote by asking each Member
of Council for their vote, starting with the
Council Representative for the Board /
Committee, verbally and adding it to the
tracking document.”
8. Financial Considerations
Not applicable.
9. Strategic Plan
The recommendations of this report are consistent with L.1.3 of the Strategic Plan to
empower Staff to identify opportunities to improve efficiency and effectiveness and
strengthening existing and build new partnerships with upper levels of government,
academia, businesses, community groups, and other sectors.
10. Climate Change
Not applicable.
11. Concurrence
This report has been reviewed by the Deputy CAO, Public Services, Deputy
CAO/Treasurer, and the Director of Community Services, who concurs with the
recommendations.
Municipality of Clarington Page 13
Report LGS-040-24
12. Conclusion
It is respectfully recommended that Committee approve the Terms of References for the
Municipal Service Boards and the Clarington Appointments to Boards and Committees
Council Policy.
Staff Contact: Lindsey Turcotte, Committee Coordinator, 905-623-3379 ext. 2106 or
LTurcotte@clarington.net.
Attachments:
Attachment 1 – Tyrone Hall Board By-law
Attachment 2 – Solina Hall Board By-law
Attachment 3 – Newcastle Village Community Hall Board By-law
Attachment 4 – Newcastle Village Community Hall Board Comments
Attachment 5 – Board/Committee Management Policy
Attachment 6 – Confidential Application Package for Newcastle Village Community Hall Board
(Distributed Under Separate Cover)
Interested Parties:
The following interested parties will be notified of Co uncil's decision:
Newcastle Arena Board
Solina Hall Board
Tyrone Hall Board
Newcastle Village Community Hall Board
Attachment 1 to Report LGS-040-24
The Corporation of the Municipality of Clarington
By-law No. 2024-XXX
Being a By-law to establish a Municipal Service Board to operate a Community
Hall in Tyrone in the former Township of Darlington, now in the Municipality of
Clarington and to repeal By-law 2008-039.
Whereas Section 196 of the Municipal Act, 2001 authorizes a municipality to establish a
Municipal Service Board;
And whereas Section 198 of the Municipal Act, 2001 provides that a municipality may
give a Municipal Service Board the control and management of such land services and
activities of the municipality as the municipality considers appropriate and shall do so by
delegating the powers and duties of the municipality to the Board;
And whereas Council approved the recommendations in Report LGS -040-24 to update
the By-law and Terms of Reference for the Tyrone Community Hall Board;
Now therefore the Council of the Corporation of the Municipality of Clarington enacts as
follows:
Definitions
1. “Tyrone Community Hall” means the property located at 2716 Concession Road 7,
Hampton, Ontario, and includes the Community Hall building interior, and adjacent
parking lot.
Delegation
2. In accordance with section 196 of the Municipal Act, 2001, as amended, a municipal
service board is hereby established under the name of “The Tyrone Community Hall
Board” (the “Board”) and is delegated with the responsibility for control and
management of the Tyrone Community Hall.
Board Mandate and Responsibilities
3. The Board is responsible for the general maintenance, care, and use of the Tyrone
Community Hall and the cost of all utilities for the Tyrone Community Hall.
4. If the Board desires to make any alterations or additions to the Tyrone Community
Hall, including but not limited to erecting partitions, attaching equipment and
installing furnishings, the Board may do so at its own expense, provided that before
undertaking any alteration or addition, the Board submits to the Municipality a plan
showing the proposed alterations or additions and the Board shall not proceed to
make any alteration or addition unless the Director of Community Services or
designate has approved the Plan. AII alterations and additions made by or on behalf
of the Board shall immediately become property of the Municipality without
compensation to the Board.
By-law No. 2024-XX Page 2
5. The Board shall promptly notify the Municipality of any accident, defect, damage , or
deficiency in or on any part of the Tyrone Community Hall which comes to the
attention of the Board.
6. It is the Board’s responsibility to hire any employees and administer any human
resource matters, including payroll to be paid for out of the Board’s budget. Any
employee of the Board will be considered an employee of the Board and will be
subject to the appropriate laws and regulations regarding employment and will not
be considered an employee of the Municipality of Clarington under any
circumstances.
7. The Board shall always maintain the Tyrone Community Hall in an orderly and
hygienic condition as determined by the Municipality. The Board shall keep the
Tyrone Community Hall in a clean condition and shall obtain at its expense janitorial
services.
8. The Board shall be responsible for such day-to-day repair and maintenance of the
Hall as are proper or necessary to keep the Hall clean and in good condition. For
state-of-good repair needs beyond this, the Board should notify the municipal staff
designated, by submitting on-line service requests.
Municipality Responsibilities
9. The Municipality shall retain responsibility for structural repairs or replacements to
the roof, foundation or load-bearing walls, building envelope and/or the mechanical
equipment associated with the Tyrone Community Hall. The Municipality retains
absolute and sole discretion for decisions relating to such repairs or replacements,
and all expenditures shall have budgetary approval by the Municipality.
10. The Municipality shall be responsible for grass cutting and winter maintenance
including snow removal for this property.
Board Composition
11. The Board shall be comprised of the following seven members, appointed by
Council:
Six citizen members; and
1 Member of Council.
12. Board tasks can take place using voting members and volunteers, without creating a
subcommittee or working group.
13. The Public Services Department of the Municipality shall assign a representative
who will act as a Staff Liaison to the Board. As the Municipal Staff Liaison, this
individual will attend Board meetings as a non-voting resource person when
requested.
By-law No. 2024-XX Page 3
Board Member Qualifications
14. To be eligible to serve, a Board member must be a resident of the Municipality of
Clarington.
Term Length
15. Board membership shall run concurrent with the term of Council (4 years) or until
their successor is appointed.
16. In accordance with Section 196(4) of the Municipal Act, the members of the Board
are eligible for appointment for more than one term.
Remuneration
17. Board members serve on a voluntary basis and do not receive any form of
remuneration.
Election of Positions on the Board
18. The Board shall elect a Chair, Vice-Chair, Treasurer, and Secretary annually, from
among its voting membership. Members of Council sitting on the Board are not
eligible to fill the position of Chair or Vice-Chair, except as Election Chair, as outlined
in this By-law.
19. Before the election of Chair, a Council member shall be the Election Chair during the
election portion of the meeting. Once the Chair is elected, they may take the Chair
and conduct the other elections and the remainder of the meeting. See Schedule A
for the Election Process.
20. If any of the elected positions become vacant, a new election shall be held for that
position for the duration of the year. If the Vice-Chair becomes vacant, the Chair
may appoint a member of the Board as Interim Vice -Chair until a new Vice-Chair can
be elected. The elections, when required, will be held at the next meeting of the
Board in accordance with the process set out in Schedule A.
Conduct of Board Members
21. Each member of the Board shall have one vote.
22. The Chair, or a spokesperson/member appointed by the Board, may speak on
behalf of the Board to Council or the public. Other members shall not act, or speak,
on behalf of the Board without prior approval of the Board.
23. The Board, or its members, shall not issue petitions, resolutions, or position papers
on behalf of the Board unless specifically authorized by Council resolution.
By-law No. 2024-XX Page 4
24. The Board, and its members, shall also not act outside of the mandate of the Board.
Should the Board wish to comment on an issue that is within the mandate of another
Council committee or Board, the Chair shall consult with the responsible Staff
Liaison(s) and the Chair of the other committee or Board.
25. The Board, by resolution, may request that Council remove a Member from the
Board, by providing a brief explanation of the request within a recommendation in
the Board’s minutes (which may include closed session.)
Absences
26. Members unable to attend a Board meeting shall notify the Chair at least 24 hours in
advance of the meeting.
27. If a member is absent for three consecutive meetings, or who fails to attend fifty (50)
per cent of the meetings, held in any one calendar year, the Board, by resolution,
and having regard for any personal, medical, or extenuating circumstances, may
request that Council remove the Member, including a Member of Council, from the
Board.
28. Members unable to attend a meeting cannot send a n alternate.
Resignations
29. Members who wish to resign shall notify the Chair, and the Municipal Clerk, in
writing, of the resignation. The Chair shall notify, either by email, or on an agenda,
the other members of the resignation but shall not give details of the resignation
other than timing.
30. Council may appoint new members to the Board to fill any vacancies, as required, in
accordance with Clarington’s “Appointment to Boards and Committee’s Policy”.
Chair and Vice-Chair
31. It shall be the duty of the Chair to:
a) provide leadership to the Board;
b) ensure that the Board carries out its mandate and responsibilities;
c) act as the primary liaison between the Board, Council, Clarington Staff and
Members of the Public.
d) set the meeting dates and agendas items, with input from Members;
e) provide information to Members on any matter relating to the business of the
Board;
f) open the meeting by taking the Chair and calling the members to order;
g) announce the business before the Board and the order in which it is to be
acted upon;
By-law No. 2024-XX Page 5
h) receive and submit, in the proper manner, all motions presented by the
Members;
i) enforce the rules of procedure for meetings of the Board; and
j) adjourn the meeting when the business is concluded.
32. The Chair may eject any person, including another Board member, from a meeting if,
in the opinion of the Chair, that person is being disruptive or uncivil.
33. If the Chair is temporarily absent, or the position becomes vacant, the Vice-Chair will
assume the position and responsibilities of the Chair until a new Chair is elected.
Responsibilities and Obligations of Members
34. A member of the Board shall have the following duties:
a) to deliberate on, and execute, the mandate and responsibilities of the
Board;
b) to attend meetings and work activities;
c) to vote when a motion is put to a vote; and
d) to read, understand, and abide by applicable laws, policies, procedures, and
rules, including the Code of Conduct, and any guidelines for the Board.
Conflict of Interest
35. A conflict of interest may arise for Board members when their personal or business
interest conflict with the duties and decisions of the Board. The municipal conflict of
interest requirements as defined by the Municipal Conflict of Interest Act, R.S.O.
1990, c. M.50 will apply to the Board. A Board member must disclose any potential
or perceived conflict of interest and shall remove themselves from the meeting for
the duration of the discussion and voting (if any) with respect to that matter.
Frequency of Meetings
36. The Board shall meet a minimum of four times annually.
Quorum
37. Quorum shall be a simple majority of the total number of currently appointed Board
members (i.e. 50% plus one). If there is no quorum after 15 minutes of the
scheduled start time, the meeting shall be cancelled and/or rescheduled.
By-law No. 2024-XX Page 6
Land Acknowledgement Statement
38. In recognition of a necessary first step towards honouring the original occupants of a
place, and to recognize the traditional First Nations, Metis and/or Inuit territories of a
place, and to commemorate Indigenous peoples' principal kinship to the land . The
Land Acknowledgement Statement, that is consistent with the Municipality’s
statement, shall be read at the beginning of each Board meeting, in accordance with
the Land Acknowledgement Guidelines.
Procedure and Rules
39. A Board of Council is subject to the Clarington Procedural By-law which governs the
proceedings of Council and its Committees and Boards, Council Code of Conduct,
this By-law, and any other applicable policies and/or procedures.
Electronic Participation
40. A member of the Board is permitted to participate electronically in a meeting and
may be counted in determining whether, or not, a quorum of members is present at
any point in time; and
41. For clarity, a member of the Board may also participate electronically in a meeting
that is closed to the public, if the meeting is properly held in closed session ( i.e. the
deliberations are permitted to be conducted in closed session, moving from open
session to closed session, and then rising and reporting, and maintaining minutes of
both the closed and open portions of the meeting).
Open Meetings
42. All Board meetings must be open to the public unless otherwise noted.
43. The Board shall provide at least one week’s notice (i.e., an agenda) for a regular or
special meeting or 24-hour notice for a rescheduled meeting. Notice will be provided
using as many means as possible, including the municipality’s website by forwarding
the agenda to the Municipal Clerk’s Office.
44. The meeting must adhere to Subsection 239 (2), Municipal Act, 2001, regarding
Closed meetings.
45. In accordance with Section 239 (4) of the Municipal Act, 2001, before holding a
meeting, or part of a meeting, that is to be closed to the public, a municipality or local
board or committee of either of them shall state by resolution :
a) The fact of the holding of the meeting; and
b) The general nature of the matter to be considered at the closed meeting.
46. Where a meeting, or part of a meeting, is closed to the public, the Board shall
request those persons, not specifically invited to the closed meeting, to vacate the
meeting room in which the meeting is being held.
By-law No. 2024-XX Page 7
47. A meeting shall not be closed to the public during a vote except where the meeting
is a closed meeting permitted or required by statute, and where the vote is for a
procedural matter or for giving directions or instructions to employees of the board or
persons retained under contract with the board, or officers, employees, or agents of
the Municipality.
48. Minutes of the closed session shall be recorded and provided to the Clerk’s Office
for distribution to Council at their next appropriate meeting.
Public Participation and Delegations
49. Members of the public are not permitted to participate in the Board discussions but
may appear as a delegation before the Board. Delegations shall be for a maximum
of 5 minutes. Those wishing to appear as a delegation at a Board meeting must
advise the Chair or Secretary a minimum of five days before the meeting.
Agendas and Minutes
50. The Board shall forward all agendas to the Municipal Clerk’s Office one week before
the meeting and shall include the following:
a) Date, time, location, electronic participation details (where applicable);
b) Land Acknowledgement Statement;
c) Disclosure of Pecuniary Interest;
d) Presentations / Delegations
e) Adoption of Previous Minutes;
f) Items for Discussion; and
g) Adjournment.
51. The Board shall report to Council by presenting the unapproved minutes
immediately after the minutes are finalized by the Chair. Minutes do not wait to be
adopted by the Board first. The draft minutes of all Board meetings shall be reviewed
by the Chair and forwarded to the Municipal Clerk’s Office for inclusion on the next
Council Agenda.
52. Any changes to the minutes at the next Board meeting will be reflected in those
meeting minutes and a corrected or changed version of the previous minutes shall
be provided to the Municipal Clerk’s Office for publication.
By-law No. 2024-XX Page 8
53. Minutes shall include:
a) Date, time, location, and indication of whether electronic participation took
place;
b) Members absent and present;
c) Land Acknowledgement Statement;
d) Disclosure of Pecuniary Interest;
e) Adoption of Previous Minutes;
f) Presentations / Delegations;
g) Items and Recommendations Discussed and voted on;
h) Date, time, and location of next meeting (where applicable/possible); and
i) Adjournment.
54. Recommendations and decisions reached by the Board must be based on
consensus wherever possible. If a consensus cannot be reached and there are
different opinions on the issue, the Chair may call for a formal vote by show of
hands. Recommendations and decisions will be carried by a simple majority of the
voting members present.
55. Only recommendations and decisions that appear in the minutes of the Board can
be considered as officially representing the position of the Board.
56. To approve a recommendation from a Board, a Member of Council shall remove it
from the consent agenda and put forward a motion to approve the recommendation
found within the minutes of the Board meeting.
57. See Schedule B for details on motions and amendments.
Relationship with Municipality
58. The Board will provide information to the Municipality on the operation and
management of the Tyrone Community Hall and may be required to present a report
to Council.
59. The Board may enter into the following agreements, provided they are within
budgetary limits,
a) rental agreements for private events at the Tyrone Community Hall;
b) agreements for normal operating or administrative matters;
60. The municipality has the right to use the hall, when available, at no cost, in
consultation with the board. The Municipality will cover any expenses associated
with the use of the hall.
By-law No. 2024-XX Page 9
61. Except as expressly permitted, the Board shall not enter into any agreement which
has the potential to commit funds, oblige or encumber the Municipality, or incur any
debt or long-term financial obligation.
62. The Board shall submit their books and records to the Municipality annually for
review by the Municipality's auditors and consolidation with the Municipality of
Clarington's financial statements.
63. The Board or it’s members found not to be following the Terms of Reference may be
reported to Council for review and to determine whether the contrary conduct
requires further actions, such as removal of the member or Board. Additionally, the
Municipality may dissolve the Board at any time through the repeal of this by-law.
Insurance
64. The Municipality shall provide property and third-party liability insurance coverage in
respect of the Tyrone Community Hall.
65. The Municipality represents that general commercial liability insurance coverage is
provided to the Board, its employees, and volunteers under the terms and conditions
Municipality's Master Insurance Policy. The Board or its employees shall forward to
the Municipality, appropriate documentation of all claims or potential claims. The
Board shall undertake all of its activities in a manner consistent with that of a prudent
owner in order to prevent or minimize claims, injuries, or damages, and shall work
co-operatively with the Municipality's insurer in the investigation and defense of all
claims.
Budget
66. The Board agrees to use all revenue generated for the exclusive purpose of
operation and maintenance of the Tyrone Community Hall.
67. The Board is responsible for determining eligibility for grants and for applications for
and administration of grant funding opportunities.
68. Upon Board dissolution, all assets, including bank accounts, shall be transferred to
the Municipality, and all business records shall be turned over to the Municipality.
69. The Municipality will request input from the Board recommendations for inclusion in
the Capital Budget Program. These recommendations will be cons idered within the
approved Capital Budget Prioritization criteria. Items not considered as part of the
Municipality’s responsibility would include interior painting; movable
equipment/furnishings and program related betterments/upgrades.
70. Any operating budget requests shall be submitted to the Municipality of Clarington in
accordance with the budget timelines established by the Deputy CAO / Treasurer
and shall be considered with all other budget requests.
By-law No. 2024-XX Page 10
Purchasing/Procurement Policy
71. All expenditures must relate to matters directly within the mandate and
responsibilities of the Board.
72. All Board expense information is considered to be public information and shall be
made available upon request to the Municipal Clerk or Deputy CAO / Treasurer.
73. All purchases shall be in accordance with the Municipality’s Purchasing/Procurement
By-law and within the Board’s approved budget. All expenses that exceed the
Board’s approved budget require Council approval.
Repeal
74. That By-law 2008-038 is hereby repealed.
____________________
Mayor Adrian Foster
____________________
June Gallagher, Municipal Clerk
By-law No. 2024-XX Page 11
Schedule A
Election Process
Nominations – Accepting nominations, from the floor, for any position:
1. Nominator raises their hand to indicate they are going to nominate a member.
2. Does not need a seconder.
3. Nominees’ names are recorded in the minutes.
4. A person can nominate themselves.
5. A member can be nominated for more than one position but can only hold
one position at a time.
6. A member may be nominated even if the y are not in attendance.
7. Nominees do not have to leave the room during the vote. They can participate
in the voting.
8. The Election Chair can continue presiding, even if they are one of the
nominees for the office.
9. Nominations are open until the Election Chair asks for nominations and there
are no names put forth at which time the Election Chair will close
nominations.
10. Nominees can remove their name at any point during the process, or the next
meeting if they are not in attendance.
Stand – As each member is nominated, the Election Chair asks the nominee if they will
have their name stand. If the member does not agree their name shall not be
included in the vote.
Voting
1. If there is only one nominee, that person is appointed.
2. If there is more than one nominee the Election Chair asks, for each nominee,
“All those in favour of Bob Smith for Chair, please raise their hands”. The
person with the most votes is appointed.
3. If the vote is tied, and there are more than two people nominated for the
position, the person with the least votes is removed and another round of
voting with the remaining members is conducted. If a tie vote remains with
two people, and all voting members are present, the selection will be made by
picking a name out of a hat.
By-law No. 2024-XX Page 12
Schedule B
Motions and Amendments
1. Voting on motions and their amendments is done in this order:
On the amendment to the amendment (the second amendment)
On the amendment
On the motion or the motion as amended (this must happen if approved
amendments have been added to the motion).
2. Tied Vote
If the vote is tied, the motion is lost.
3. Majority Vote
Every member present at the meeting, when the vote is called, shall vote unless
disqualified under the Municipal Conflict of Interest Act. The vote required to pass
a motion shall be a simple majority.
4. Reconsider a Lost Motion
A lost motion should not come up again during the same year unless at least
two-thirds of the members present to approve a motion that “the question be
reconsidered.” This motion shall be added to the agenda, is n ot debatable and
calls for an immediate vote.
5. Motions
The following steps are required to introduce, deliberate, and vote on a motion:
A member asks to speak and when their turn comes up, they make a motion
by saying “I move…”.
Another member seconds the motion. If there is no seconder, no discussion
or vote takes place; it is not recorded in the minutes; and the Committee
either proposes a different motion or moves to the next agenda item.
The Chair should restate the motion clearly after it has been made and
seconded “It is moved and seconded that …”.
Only one motion is addressed at a time.
Discussion is not in order until a motion has been stated by the chair.
Discussion follows. The Chair should not allow anyone to speak twice on a
motion until everyone has had a chance to speak once.
By-law No. 2024-XX Page 13
The Chair should give up the chair when they move a motion. In this case, the
Vice-Chair or any other member may act as Chair until the motion is voted on.
The vote is taken, and the Chair announces the result – “The motion is
carried”, or “The motion is lost.”
6. Negative Motions
Negative Motions are not in order and should not be allowed (i.e. “That the car
not be automatic transmission” should be changed to “That the car be standard
transmission”.)
7. Amendments
Amendments or small changes to a motion may be proposed at any time during
the discussion. It cannot be contrary to the main motion. It must be relevant to
the motion and can change the motion in only one of three ways:
By leaving out certain words
By adding certain words
By replacing certain words with others.
(Not more than two amendments may be made to an open motion at one time.
As soon as one amendment has been accepted or rejected another may be
proposed if it is different from the one already defeated).
If dealing with motions or amendments, always state the exact wording. The
Chair may ask the secretary to read it if the phrase is forgotten.
Adoption of an amendment does not mean adoption of the main motion. The
amendment is carried before the main motion as amend ed. When the “main
motion, as amended” is on the floor, the Chair will state “main motion as
amended” before the vote.
8. Withdrawal of Motions
A motion can be withdrawn with the consent of the mover. If the seconder
withdraws a new seconder will be required before the motion can be voted on.
Amendments must be withdrawn in reverse order. If the mover refuses to
withdraw, the motions must be voted on.
Attachment 2 to Report LGS-040-24
The Corporation of the Municipality of Clarington
By-law No. 2024-XXX
Being a By-law to establish a Municipal Service Board to operate a Community
Hall in Solina in the former Township of Darlington, now in the Municipality of
Clarington and to repeal By-law 2008-038.
Whereas Section 196 of the Municipal Act, 2001 authorizes a municipality to establish a
Municipal Service Board;
And whereas Section 198 of the Municipal Act, 2001 provides that a municipality may
give a Municipal Service Board the control and management of such services and
activities of the municipality as the municipality considers appropriate and shall do so by
delegating the powers and duties of the municipality to the Board;
And whereas Council approved the recommendations in Report LGS-040-24 to update
the By-law and Terms of Reference for the Solina Community Hall Board;
Now therefore the Council of the Corporation of the Municipality of Clarington enacts as
follows:
Definitions
1. “Solina Community Hall” means the property located at 1964 Concession Road 6,
Hampton, Ontario, and includes the Community Hall building interior, outdoor
washrooms (interior), baseball fields, associated green space, canteen, and picnic
shelter.
Delegation
2. In accordance with section 196 of the Municipal Act, 2001, as amended, a municipal
service board is hereby established under the name of “The Solina Community
Centre Board” (the “Board”) and is delegated with the responsibility for control and
management of the Solina Community Centre.
Board Mandate and Responsibilities
3. The Board is responsible for the general maintenance, care, and use of the Solina
Community Centre and the cost of all utilities for the Solina Community Centre.
By-law No. 2024-XX Page 2
4. If the Board desires to make any alterations or additions to the Solina Community
Centre, including but not limited to erecting partitions, attaching equipment and
installing furnishings, the Board may do so at its own expense, provided that before
undertaking any alteration or addition, the Board submits to the Municipality a plan
showing the proposed alterations or additions and the Board shall not proceed to
make any alteration or addition unless the Director of Community Services or
designate has approved the Plan. AII alterations and additions made by or on behalf
of the Board shall immediately become property of the Municipality without
compensation to the Board.
5. The Board shall promptly notify the Municipality of any accident, defect, damage, or
deficiency in or on any part of the Solina Community Centre which comes to the
attention of the Board.
6. It is the Board’s responsibility to hire any employees and administer any human
resource matters, including payroll to be paid for out of the Board’s budget. Any
employee of the Board will be considered an employee of the Board and will be
subject to the appropriate laws and regulations regarding employment and will not
be considered an employee of the Municipality of Clarington under any
circumstances.
7. The Board shall always maintain the Solina Community Centre in an orderly and
hygienic condition as determined by the Municipality. The Board shall keep the
Solina Community Centre in a clean condition and shall obtain at its expense
janitorial services. The Board will be responsible for winter maintenance, including
snow removal. The Board will also be responsible for grass cutting, with
reimbursement of these costs by the Municipality.
8. The Board shall be responsible for such day-to- day repair and maintenance of the
Centre as are proper or necessary to keep the Centre clean and in good condition.
For state of good repair needs beyond this, the Board should notify the municipal
staff designated, by submitting on-line service requests.
Municipality Responsibilities
9. The Municipality shall retain responsibility for structural repairs or replacements to
the roof, foundation or load bearing walls, building envelope and/or the mechanical
equipment associated with the Solina Community Centre. The Municipality retains
absolute and sole discretion for decisions relating to such repairs or replacements,
and all expenditures shall require budgetary approval by the Municipality.
By-law No. 2024-XX Page 3
Board Composition
10. The Board shall be comprised of the following seven members, appointed by
Council:
Six citizen members; and
1 Member of Council.
11. Board functions or tasks can take place using voting members and volunteers,
without creating a subcommittee or working group.
12. The Public Services Department of the Municipality shall assign a representative
who will act as a Staff Liaison to the Board. As the Municipal Staff Liaison, this
individual will attend Board meetings as a non-voting resource person when
requested.
Board Member Qualifications
13. To be eligible to serve, a Board member must be a resident of the Municipality of
Clarington.
Term Length
14. Board membership shall run concurrent with the term of Council (4 years) or until
their successor is appointed.
15. In accordance with Section 196(4) of the Municipal Act, the members of the Board
are eligible for appointment for more than one term.
Remuneration
16. Board members serve on a voluntary basis and do not receive any form of
remuneration.
Election of Positions on the Board
17. The Board shall elect a Chair, Vice-Chair, Treasurer, and Secretary annually, from
among its voting membership. Members of Council sitting on the Board are not
eligible to fill the position of Chair or Vice-Chair, except as Election Chair, as outlined
in this By-law.
18. Before the election of Chair, a Council member shall be the Election Chair during the
election portion of the meeting. Once the Chair is elected, they may take the Chair
and conduct the other elections and the remainder of the meeting. See Schedule A
for the Election Process.
By-law No. 2024-XX Page 4
19. If any of the elected positions become vacant, a new election shall be held for that
position for the duration of the year. If the Vice-Chair becomes vacant, the Chair
may appoint a member of the Board as Interim Vice -Chair until a new Vice-Chair can
be elected. The elections, when required, will be held at the next meeting of the
Board in accordance with the process set out in Schedule A.
Conduct of Board Members
20. Each member of the Board shall have one vote.
21. The Chair, or a spokesperson/member appointed by the Board, may speak on
behalf of the Board to Council or the public. Other members shall not act, or speak,
on behalf of the Board without prior approval of the Board.
22. The Board, or its members, shall not issue petitions, resolutions, or position papers
on behalf of the Board unless specifically authorized by Council resolution.
23. The Board, and its members, shall also not act outside of the mandate of the Board.
Should the Board wish to comment on an issue that is within the mandate of another
Council committee or Board, the Chair shall consult with the responsible Staff
Liaison(s) and the Chair of the other committee or Board.
24. The Board, by resolution, may request that Council remove a Member from the
Board, by providing a brief explanation of the request within a recommendation in
the Board’s minutes (which may include closed session.)
Absences
25. Members unable to attend a Board meeting shall notify the Chair at least 24 hours in
advance of the meeting.
26. If a member is absent for three consecutive meetings, or who fails to attend fifty (50)
per cent of the meetings, held in any one calendar year, the Board, by resolution,
and having regard for any personal, medical, or extenuating circumstances, may
request that Council remove the Member, including a Member of Council, from the
Board.
27. Members unable to attend a meeting cannot send a n alternate.
Resignations
28. Members who wish to resign shall notify the Chair, and the Municipal Clerk, in
writing, of the resignation. The Chair shall notify, either by email, or on an agenda,
the other members of the resignation but shall not give details of the resignation
other than timing.
29. Council may appoint new members to the Board to fill any vacancies, as required, in
accordance with Clarington’s “Appointment to Boards and Committee’s Policy”.
By-law No. 2024-XX Page 5
Chair and Vice-Chair
30. It shall be the duty of the Chair to:
a) provide leadership to the Board;
b) ensure that the Board carries out its mandate and responsibilities;
c) act as the primary liaison between the Board, Council, Clarington Staff and
Members of the Public.
d) set the meeting dates and agendas items, with input from Members;
e) provide information to Members on any matter relating to the business of the
Board;
f) open the meeting by taking the Chair and calling the members to order;
g) announce the business before the Board and the order in which it is to be
acted upon;
h) receive and submit, in the proper manner, all motions presented by the
Members;
i) enforce the rules of procedure for meetings of the Board; and
j) adjourn the meeting when the business is concluded.
31. The Chair may eject any person, including another Board member, from a meeting if,
in the opinion of the Chair, that person is being disruptive or uncivil.
32. If the Chair is temporarily absent, or the position becomes vacant, the Vice-Chair will
assume the position and responsibilities of the Chair until a new Chair is elected.
Responsibilities and Obligations of Members
33. A member of the Board shall have the following duties:
a) to deliberate on, and execute, the mandate and responsibilities of the
Board;
b) to attend meetings and work activities;
c) to vote when a motion is put to a vote; and
d) to read, understand, and abide by applicable laws, policies, procedures, and
rules, including the Code of Conduct, and any guidelines for the Board.
By-law No. 2024-XX Page 6
Conflict of Interest
34. A conflict of interest may arise for Board members when their personal or business
interest conflict with the duties and decisions of the Board. The municipal conflict of
interest requirements as defined by the Municipal Conflict of Interest Act, R.S.O.
1990, c. M.50 will apply to the Board. A Board member must disclose any potential
or perceived conflict of interest and shall remove themselves from the meeting for
the duration of the discussion and voting (if any) with respect to that matter.
Frequency of Meetings
35. The Board shall meet a minimum of four times annually.
Quorum
36. Quorum shall be a simple majority of the total number of currently appointed Board
members (i.e. 50% plus one). If there is no quorum after 15 minutes of the
scheduled start time, the meeting shall be cancelled and/or rescheduled.
Land Acknowledgement Statement
37. In recognition of a necessary first step towards honouring the original occupants of a
place, and to recognize the traditional First Nations, Metis and/or Inuit territories of a
place, and to commemorate Indigenous peoples' principal kinship to the land . The
Land Acknowledgement Statement, that is consistent with the Municipality’s
statement, shall be read, at the beginning of each Board meeting, in accordance
with the Land Acknowledgement Guidelines.
Procedure and Rules
38. A Board of Council is subject to the Clarington Procedural By-law which governs the
proceedings of Council and its Committees and Boards, Council Code of Conduct,
this By-law, and any other applicable policies and/or procedures.
Electronic Participation
39. A member of the Board is permitted to participate electronically in a meeting and
may be counted in determining whether, or not, a quorum of members is present at
any point in time; and
40. For clarity, a member of the Board may also participate electronically in a meeting
that is closed to the public, if the meeting is properly held in closed session ( i.e. the
deliberations are permitted to be conducted in closed session, moving from open
session to closed session, and then rising and reporting, and maintaining minutes of
both the closed and open portions of the meeting).
By-law No. 2024-XX Page 7
Open Meetings
41. All Board meetings must be open to the public unless otherwise noted.
42. The Board shall provide at least one week’s notice (i.e., an agenda) for a regular or
special meeting or 24-hour notice for a rescheduled meeting. Notice will be provided
using as many means as possible, including the municipality’s website by forwarding
the agenda to the Municipal Clerk’s Office.
43. The meeting must adhere to Subsection 239 (2), Municipal Act, 2001, regarding
Closed meetings.
44. In accordance with Section 239 (4) of the Municipal Act, 2001, before holding a
meeting, or part of a meeting, that is to be closed to the public, a municipality or local
board or committee of either of them shall state by resolution :
a) The fact of the holding of the meeting; and
b) The general nature of the matter to be considered at the closed meeting.
45. Where a meeting, or part of a meeting, is closed to the public, the Board shall
request those persons, not specifically invited to the closed meeting, to vacate the
meeting room in which the meeting is being held.
46. A meeting shall not be closed to the public during a vote except where the meeting
is a closed meeting permitted or required by statute, and where the vote is for a
procedural matter or for giving directions or instructions to employees of the board or
persons retained under contract with the board, or officers, employees, or agents of
the Municipality.
47. Minutes of the closed session shall be recorded and provided to the Clerk’s Office
for distribution to Council at their next appropriate meeting.
Public Participation and Delegations
48. Members of the public are not permitted to participate in the Board discussions but
may appear as a delegation before the Board. Delegations shall be for a maximum
of 5 minutes. Those wishing to appear as a delegation at a Board meeting must
advise the Chair or Secretary a minimum of five days before the meeting.
Agendas and Minutes
49. The Board shall forward all agendas to the Municipal Clerk’s Office one week before
the meeting and shall include the following:
a) Date, time, location, electronic participation details (where applicable);
b) Land Acknowledgement Statement;
By-law No. 2024-XX Page 8
c) Disclosure of Pecuniary Interest;
d) Presentations / Delegations
e) Adoption of Previous Minutes;
f) Items for Discussion; and
g) Adjournment.
50. The Board shall report to Council by presenting the unapproved minutes
immediately after the minutes are finalized by the Chair. Minutes do not wait to be
adopted by the Board first. The draft minutes of all Board meetings shall be reviewed
by the Chair and forwarded to the Municipal Clerk’s Office for inclusion on the next
Council Agenda.
51. Any changes to the minutes at the next Board meeting will be reflected in those
meeting minutes and a corrected or changed version of the previous minutes shall
be provided to the Municipal Clerk’s Office for publication.
52. Minutes shall include:
a) Date, time, location, and indication of whether electronic participation took
place;
b) Members absent and present;
c) Land Acknowledgement Statement;
d) Disclosure of Pecuniary Interest;
e) Adoption of Previous Minutes;
f) Presentations / Delegations;
g) Items and Recommendations Discussed and voted on;
h) Date, time, and location of next meeting (where applicable/possible); and
i) Adjournment.
53. Recommendations and decisions reached by the Board must be based on
consensus wherever possible. If a consensus cannot be reached and there are
different opinions on the issue, the Chair may call for a formal vote by show of
hands. Recommendations and decisions will be carried by a simple majority of the
voting members present.
By-law No. 2024-XX Page 9
54. Only recommendations and decisions that appear in the minutes of the Board can
be considered as officially representing the position of the Board.
55. To approve a recommendation from a Board, a Member of Council shall remove it
from the consent agenda and put forward a motion to approve the recommendation
found within the minutes of the Board meeting.
56. See Schedule B for details on motions and amendments.
Relationship with Municipality
57. The Board will provide information to the Municipality on the operation and
management of the Solina Community Centre and may be required to present a
report to Council.
58. The Board may enter into the following agreements, provided they are within
budgetary limits,
a) rental agreements for private events at the Solina Community Centre; and
b) agreements for normal operating or administrative matters.
59. The municipality has the right to use the Centre, when available, at no cost, in
consultation with the board. The Municipality will cover any expenses associated
with the use of the Centre.
60. Except as expressly permitted, the Board shall not enter into any agreement which
has the potential to commit funds, oblige or encumber the Municipality, or incur any
debt or long-term financial obligation.
61. The Board shall submit their books and records to the Municipality annually for
review by the Municipality's auditors and consolidation with the Municipality of
Clarington's financial statements.
62. The Board or it’s members found not to be following the Terms of Reference may be
reported to Council for review and to determine whether the contrary conduct
requires further actions, such as removal of the member or Board. Additionally, the
Municipality may dissolve the Board at any time through the repeal of this by-law.
Insurance
63. The Municipality shall provide property and third-party liability insurance coverage in
respect of the Solina Community Centre.
By-law No. 2024-XX Page 10
64. The Municipality represents that general commercial liability insurance coverage is
provided to the Board, its employees, and volunteers under the terms and conditions
Municipality's Master Insurance Policy. The Board or its employees shall forward to
the Municipality, appropriate documentation of all claims or potential claims. The
Board shall undertake all of its activities in a manner consistent with that of a prudent
owner in order to prevent or minimize claims, injuries, or damages, and shall work
co-operatively with the Municipality's insurer in the investigation and defense of all
claims.
Budget
65. The Board agrees to use all revenue generated for the exclusive purpose of
operation and maintenance of the Solina Community Centre.
66. The Board is responsible for determining eligibility for grants and for applications for
and administration of grant funding opportunities.
67. Upon Board dissolution, all assets, including bank accounts, shall be transferred to
the Municipality, and all business records shall be turned over to the Municipality.
68. The Municipality will request input from the Board recommendations for inclusion in
the Capital Budget Program. These recommendations will be considered within the
approved Capital Budget Prioritization criteria. Items not considered as part of the
Municipality’s responsibility would include interior painting; movable
equipment/furnishings and program related betterments/upgrades.
69. Any operating budget requests shall be submitted to the Municipality of Cl arington in
accordance with the budget timelines established by the Deputy CAO / Treasurer
and shall be considered with all other budget requests.
By-law No. 2024-XX Page 11
Purchasing/Procurement Policy
70. All expenditures must relate to matters directly within the mandate and
responsibilities of the Board.
71. All Board expense information is considered to be public information and shall be
made available upon request to the Municipal Clerk or Deputy CAO / Treasurer.
72. All purchases shall be in accordance with the Municipality’s Purchasing/Procurement
By-law and within the Board’s approved budget. All expenses that exceed the
Board’s approved budget require Council approval.
Repeal
73. That By-law 2008-038 is hereby repealed.
____________________
Mayor Adrian Foster
_________________
June Gallagher, Municipal Clerk
By-law No. 2024-XX Page 12
Schedule A
Election Process
Nominations – Accepting nominations, from the floor, for any position:
1. Nominator raises their hand to indicate they are going to nominate a member.
2. Does not need a seconder.
3. Nominees’ names are recorded in the minutes.
4. A person can nominate themselves.
5. A member can be nominated for more than one position but can only hold
one position at a time.
6. A member may be nominated even if they are not in attendance.
7. Nominees do not have to leave the room during the vote. They can participate
in the voting.
8. The Election Chair can continue presiding, even if they are one of the
nominees for the office.
9. Nominations are open until the Election Chair asks for nominations and there
are no names put forth at which time the Election Chair will close
nominations.
10. Nominees can remove their name at any point during the process, or the next
meeting if they are not in attendance.
Stand – As each member is nominated, the Election Chair asks the nominee if they will
have their name stand. If the member does not agree their name shall not be
included in the vote.
Voting
1. If there is only one nominee, that person is appointed.
2. If there is more than one nominee the Election Chair asks, for each nominee,
“All those in favour of Bob Smith for Chair, please raise their hands”. The
person with the most votes is appointed.
3. If the vote is tied, and there are more than two people nominated for the
position, the person with the least votes is removed and another round of
voting with the remaining members is conducted. If a tie vote remains with
two people, and all voting members are present, the selection will be made by
picking a name out of a hat.
By-law No. 2024-XX Page 13
Schedule B
Motions and Amendments
1. Voting on motions and their amendments is done in this order:
On the amendment to the amendment (the second amendment)
On the amendment
On the motion or the motion as amended (this must happen if approved
amendments have been added to the motion).
2. Tied Vote
If the vote is tied, the motion is lost.
3. Majority Vote
Every member present at the meeting, when the vote is called, shall vote unless
disqualified under the Municipal Conflict of Interest Act. The vote required to pass
a motion shall be a simple majority.
4. Reconsider a Lost Motion
A lost motion should not come up again during the same year unless at least
two-thirds of the members present to approve a motion that “the question be
reconsidered.” This motion shall be added to the agenda, is not debatable and
calls for an immediate vote.
5. Motions
The following steps are required to introduce, deliberate, and vote on a motion:
A member asks to speak and when their turn comes up, they make a motion
by saying “I move…”.
Another member seconds the motion. If there is no seconder, no discuss ion
or vote takes place; it is not recorded in the minutes; and the Committee
either proposes a different motion or moves to the next agenda item.
The Chair should restate the motion clearly after it has been made and
seconded “It is moved and seconded tha t …”.
Only one motion is addressed at a time.
Discussion is not in order until a motion has been stated by the chair.
By-law No. 2024-XX Page 14
Discussion follows. The Chair should not allow anyone to speak twice on a
motion until everyone has had a chance to speak once.
The Chair should give up the chair when they move a motion. In this case, the
Vice-Chair or any other member may act as Chair until the motion is voted on.
The vote is taken, and the Chair announces the result – “The motion is
carried”, or “The motion is lost.”
6. Negative Motions
Negative Motions are not in order and should not be allowed (i.e. “That the car
not be automatic transmission” should be changed to “That the car be standard
transmission”.)
7. Amendments
Amendments or small changes to a motion may be p roposed at any time during
the discussion. It cannot be contrary to the main motion. It must be relevant to
the motion and can change the motion in only one of three ways:
By leaving out certain words
By adding certain words
By replacing certain words with others.
(Not more than two amendments may be made to an open motion at one time.
As soon as one amendment has been accepted or rejected another may be
proposed if it is different from the one already defeated).
If dealing with motions or amendments, always state the exact wording. The
Chair may ask the secretary to read it if the phrase is forgotten.
Adoption of an amendment does not mean adoption of the main motion. The
amendment is carried before the main motion as amended. When the “main
motion, as amended” is on the floor, the Chair will state “main motion as
amended” before the vote.
8. Withdrawal of Motions
A motion can be withdrawn with the consent of the mover. If the seconder
withdraws a new seconder will be required before the motion can be voted on.
Amendments must be withdrawn in reverse order. If the mover refuses to
withdraw, the motions must be voted on.
Attachment 3 to Report LGS-040-24
The Corporation of the Municipality of Clarington
By-law No. 2024-XXX
Being a By-law to establish a Municipal Service Board to control and manage
activities at the Newcastle Village Community Hall and to repeal By-law 2014-
094
Whereas pursuant to an Indenture dated July 30, 1923 (the "Massey Trust"), Chester
Daniel Massey agreed to convey the land and the building now known municipally as
the Newcastle Village Community Hall, 20 King Avenue West, which is legally described
as Part of Lot 28, Concession 2, former Village of Newcastle, now in the Municipality of
Clarington, designated as Lots 2, 3 and 4 on Block "A" on the plan of the Village of
Newcastle (the "Property") to The Corporation of the Village of Newcastle upon certain
trusts;
And whereas By-Law No. 723 passed by the Municipal Council of the Village of
Newcastle on December 14, 1959 established the Newcastle Village Community Hall
and appointed a board under the Community Centres Act, 1949 to manage the
Property;
And whereas by virtue of paragraph 2(1)(c) of The Regional Municipality of Durham Act,
1973, S.O. 1973 c.78, The Corporation of the Village of Newcastle amalgamated with
The Corporation of the Township of Clarke and The Corporation of the Township of
Darlington and continued as a town municipality under the name The Corporation of the
Town of Newcastle effective January 1, 1974;
And whereas by virtue of section 148 of The Regional Municipality of Durham Act, 1973,
(a) the Newcastle Village Community Hall Board was dissolved as of December 31,
1973; (b) the Council of The Corporation of the Town of Newcastle was deemed to be
the board of the Newcastle Village Community Hall under the Community Recreation
Centres Act, 1974; and (c) the assets and liabilities of the Newcastle Village Community
Hall Board became the assets and liabilities of The Corporation of the Town of
Newcastle;
And whereas by virtue of subsection 1(2) of The Regional Municipality of Durham
Amendment Act (Newcastle-Clarington), 1993, S.O. 1993 c.3, on July 1, 1993 The
Corporation of the Town of Newcastle was continued as a town municipality under the
name of The Corporation of the Municipality of Clarington (the "Municipality");
And whereas the Community Recreation Centres Act, 1974 was repealed effective
January 1, 2003;
By-law No. 2024-XX Page 2
And whereas section 196 of the Municipal Act, 2001 authorizes the Council of a
Municipality to establish municipal service boards;
And whereas section 198 of the Municipal Act, 2001, S.O. 2001 c.25 provides that a
municipality may give a municipal service board the control and management of such
services and activities of the municipality as the municipality considers appropriate and
shall do so by delegating the powers and duties of the municipality to the board;
And whereas the Council of the Municipality ("Council") wishes to maintain a municipal
service board to control and manage the Newcastle Village Community Hall.
And whereas Council approved the recommendations in Report LGS -040-24 to update
the By-law and Terms of Reference for the Newcastle Village Community Hall Board;
Now therefore the Council of the Corporation of the Municipality of Clarington enacts as
follows:
Definitions
1. “Newcastle Village Community Hall” or “Hall” means the property located at 20
King Avenue West, Newcastle, Ontario, and includes the Community Hall
building interior and exterior grounds, parking lot and gazebo area.
Delegation
2. In accordance with section 196 of the Municipal Act, 2001, as amended, the
municipal service board that was established pursuant to Clarington By-law
2014-094(?) under the name of “The Newcastle Village Community Hall Board”
(the “Board”) is hereby continued under the same name and is delegated with the
responsibility for control and management of the Newcastle Village Community
Hall.
Board Mandate and Responsibilities
3. The Board is responsible for the general maintenance, care, and use of the
Newcastle Village Community Hall, including planting, care, and maintenance of
flowers and shrubs, and the cost of all utilities for the Newcastle Village
Community Hall.
4. If the Board desires to make any alterations or additions to the Newcastle Village
Community Hall, including but not limited to erecting partitions, attaching
equipment and installing furnishings, the Board may do so at its own expense,
provided that before undertaking any alteration or addition, the Board submits to
the Municipality a plan showing the proposed alterations or additions and the
Board shall not proceed to make any alteration or addition unless the Director of
Community Services or designate has approved the Plan. AII alterations and
additions made by or on behalf of the Board shall immediately become property
of the Municipality without compensation to the Board.
By-law No. 2024-XX Page 3
5. The Board shall promptly notify the Municipality of any accident, defect, damage ,
or deficiency in or on any part of the Newcastle Village Community Hall which
comes to the attention of the Board.
6. It is the Board’s responsibility to hire any employees a nd administer any human
resource matters, including payroll to be paid for out of the Board’s budget. Any
employee of the Board will be considered an employee of the Board and will not
be considered an employee of the Municipality of Clarington under any
circumstances.
7. The Board shall always maintain the Newcastle Village Community Hall in an
orderly and hygienic condition as determined by the Municipality. The Board shall
keep the Newcastle Village Community Hall in a clean condition and shall obtain
at its expense janitorial services.
8. The Board is responsible for managing winter maintenance, including snow
removal. Upon submission of required documentation, the Municipality will
reimburse the Board the cost of the winter maintenance
9. The Board shall maintain and keep the Newcastle Village Community Hall and
every part thereof in good working order and promptly make all needed general
maintenance, repairs, and replacements, as would a prudent owner.
10. Any repairs or maintenance work undertaken to the Hall, whether structural or
otherwise, shall be undertaken within the parameters of its designation under
section 29 of the Ontario Heritage Act, R.S.O. 1990, c. 0.18 as a property which
has historic or architectural value or interest (Municipal By-law 93-147).
11. The Board may authorize campaigns for voluntary donated funds to support the
general operations of the hall or any particular phase or aspect of the hall’s
operation.
Use
12. The Hall may be used for such purposes as in the judgment of the Board will
benefit the community, and that will promote education and the arts.
13. The Board may,
a) fix the hours when the Hall will be open to the public;
b) establish rates, fees or charges for admission to, or use of, the Property;
and
c) adopt policies or rules for the use or rental of the Property.
By-law No. 2024-XX Page 4
Municipality Responsibilities
14. The Municipality shall retain responsibility for structural repairs or replacements
to the roof, foundation or load bearing walls, building envelope and/or the
mechanical equipment associated with the Newcastle Village Community Hall.
The Municipality retains absolute and sole discretion for decisions relating to
such repairs or replacements, and all expenditures shall require budgetary
approval by the Municipality.
15. The Municipality shall be responsible for general scheduled maintenance of
grounds which includes grass cutting, litter pick-up, spring and fall clean-up of the
gardens, and assistance with annual mulch application on this property.
16. The Municipality shall be responsible for the repair and maintenance of the
gazebo and cenotaph areas, including the provision of Canadian flags for display
on the two flag poles on the property.
Board Composition
17. The Board shall be comprised of the following seven members, appointed by
Council:
Six citizen members; and
1 Member of Council, being either the Ward 4 Local Councillor or the
Regional Councillor Wards 3 and 4.
18. Board tasks can be undertaken by Board members or volunteers, without
creating a subcommittee or working group.
19. The Public Services Department of the Municipality shall assign a representative
who will act as a Staff Liaison to the Board. As the Municipal Staff Liaison, this
individual will attend Board meetings as a non-voting resource person when
requested.
Board Member Qualifications
20. To be eligible to serve, a Board member must be a resident of the Municipality of
Clarington.
Term Length
21. Board membership shall run concurrent with the term of Council (4 years) or until
their successor is appointed.
22. In accordance with Section 196(4) of the Municipal Act, the members of the
Board are eligible for appointment for more than one term.
By-law No. 2024-XX Page 5
Remuneration
23. Board members serve on a voluntary basis and do not receive any form of
remuneration.
Election of Positions on the Board
24. The Board shall select a Chair bi-annually, Vice-Chair, Treasurer, and Secretary
annually, from among its voting membership by a majority vote of the Board
members. Members of Council sitting on the Board are not eligible to fill the
position of Chair or Vice-Chair, except as Election Chair, as outlined in this By-
law.
25. Before the election of Chair, a Council member shall be the Election Chair during
the election portion of the meeting. Once the Chair is elected, they may take the
Chair and conduct the other elections and the remainder of the meeting. See
Schedule A for the Election Process.
26. If any of the elected positions become vacant, a new election shall be held for
that position for the duration of the year. If the Vice-Chair becomes vacant, the
Chair may appoint a member of the Board as Interim Vice-Chair until a new Vice-
Chair can be elected. The elections, when required, will be held at the next
meeting of the Board in accordance with the process set out in Schedule A.
Conduct of Board Members
27. Each member of the Board shall have one vote.
28. The Chair, or a spokesperson/member appointed by the Board, may speak on
behalf of the Board to Council or the public. Other members shall not act, or
speak, on behalf of the Board without prior approval of the Board.
29. The Board, or its members, shall not issue petitions, resolutions, or position
papers on behalf of the Board unless specifically authorized by Council resolution.
30. The Board, and its members, shall also not act outside of the mandate of the
Board. Should the Board wish to comment on an issue that is within the mandate
of another Council committee or Board, the Chair shall consult with the
responsible Staff Liaison(s) and the Chair of the other committee or Board.
31. The Board, by resolution, may request that Council remove a Member from the
Board, by providing a brief explanation of the request within a recommendation in
the Board’s minutes (which may include closed session.)
Absences
32. Members unable to attend a Board meeting shall notify the Chair at least 24
hours in advance of the meeting.
By-law No. 2024-XX Page 6
33. If a member is absent for three consecutive meetings, or who fails to attend fifty
(50) per cent of the meetings, held in any one calendar year the Board, by
resolution, and having regard for any personal, medical, or extenuating
circumstances, may request that Council remove the Member, including a
Member of Council, from the Board.
34. Members unable to attend a meeting cannot send a n alternate.
Resignations
35. Members who wish to resign shall notify the Chair, and the Municipal Clerk, in
writing, of the resignation. The Chair shall notify, either by email, or on an
agenda, the other members of the resignation but shall not give details of the
resignation other than timing.
36. Council may appoint new members to the Board to fill any vacancies, as
required, in accordance with Clarington’s “Appointment to Boards and
Committee’s Policy”.
Chair and Vice-Chair
37. It shall be the duty of the Chair to:
a) provide leadership to the Board;
b) ensure that the Board carries out its mandate and responsibilities;
c) act as the primary liaison between the Board, Council, Clarington Staff and
Members of the Public.
d) set the meeting dates and agendas items, with input from Members;
e) provide information to Members on any matter relating to the business of the
Board;
f) open the meeting by taking the Chair and calling the members to order;
g) announce the business before the Board and the order in which it is to be
acted upon;
h) receive and submit, in the proper manner, all motions presented by the
Members;
i) enforce the rules of procedure for meetings of the Board; and
j) adjourn the meeting when the business is concluded.
By-law No. 2024-XX Page 7
38. The Chair may eject any person, including another Board member, from a meeting
if, in the opinion of the Chair, that person is being disruptive or uncivil.
39. If the Chair is temporarily absent, or the position becomes vacant, the Vice-Chair
will assume the position and responsibilities of the Chair until a new Chair is
elected.
Responsibilities and Obligations of Members
40. A member of the Board shall have the following duties:
a) to deliberate on, and execute, the mandate and responsibilities of the
Board;
b) to attend meetings and work activities;
c) to vote when a motion is put to a vote;
d) to read, understand, and abide by applicable laws, policies, procedures, and
rules, including the Code of Conduct, and any guidelines for the Board ; and
e) work on one working Committee.
Conflict of Interest
41. A conflict of interest may arise for Board members when their personal or
business interest conflict with the duties and decisions of the Board. The
municipal conflict of interest requirements as defined by the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50 will apply to the Board. A Board member must
disclose any potential or perceived conflict of interest and shall remove
themselves from the meeting for the duration of the discussion and voting (if any)
with respect to that matter.
Frequency of Meetings
42. The Board shall meet a minimum of nine times annually.
Quorum
43. Quorum shall be a simple majority of the total number of currently appointed
Board members (i.e. 50% plus one). If there is no quorum after 15 minutes of the
scheduled start time, the meeting shall be cancelled and/or rescheduled.
By-law No. 2024-XX Page 8
Land Acknowledgement Statement
44. In recognition of a necessary first step towards honouring the original occupants
of a place, and to recognize the traditional First Nations, Metis and/or Inuit
territories of a place, and to commemorate Indigenous peoples' principal kinship
to the land. The Land Acknowledgement Statement, that is consistent with the
Municipality’s statement, shall be read, at the beginning of each Board meeting,
in accordance with the Land Acknowledgement Guidelines.
Procedure and Rules
45. A Board of Council is subject to the Clarington Procedural By-law which governs
the proceedings of Council and its Committees and Boards, Council Code of
Conduct, this By-law, and any other applicable policies and/or
procedures.Electronic Participation
46. A member of the Board is permitted to participate electronically in a meeting and
may be counted in determining whether, or not, a quorum of members is present
at any point in time; and
47. For clarity, a member of the Board may also participate electronically in a
meeting that is closed to the public, if the meeting is properly held in closed
session (i.e. the deliberations are permitted to be conducted in closed session,
moving from open session to closed session, and then rising and reporting, and
maintaining minutes of both the closed and open portions of the meeting).
Open Meetings
48. All Board meetings must be open to the public unless otherwise noted.
49. The Board shall provide at least one week’s notice (i.e., an agenda) for a regular
or special meeting or 24-hour notice for a rescheduled meeting. Notice will be
provided using as many means as possible, including the municipality’s website
by forwarding the agenda to the Municipal Clerk’s Office.
50. The meeting must adhere to Subsection 239 (2), Municipal Act, 2001, regarding
Closed meetings.
51. In accordance with Section 239 (4) of the Municipal Act, 2001, before holding a
meeting, or part of a meeting, that is to be closed to the public, a municipality or
local board or committee of either of them shall state by resolution:
a) The fact of the holding of the meeting; and
b) The general nature of the matter to be considered at the closed meeting.
By-law No. 2024-XX Page 9
52. Where a meeting, or part of a meeting, is closed to the public, the Board shall
request those persons, not specifically invited to the closed meeting, to vacate
the meeting room in which the meeting is being held.
53. A meeting shall not be closed to the public during a vote except where the
meeting is a closed meeting permitted or required by statute, and where the vote
is for a procedural matter or for giving directions or instructions to employees of
the board or persons retained under contract with the board, or officers,
employees, or agents of the Municipality.
54. Minutes of the closed session shall be recorded and provided to the Clerk’s
Office for distribution to Council at their next appropriate meeting.
Public Participation and Delegations
55. Members of the public are not permitted to participate in the Board discussions
but may appear as a delegation before the Board. Delegations shall be for a
maximum of 5 minutes. Those wishing to appear as a delegation at a Board
meeting must advise the Chair or Secretary a minimum of five days before the
meeting.
Agendas and Minutes
56. The Board shall forward all agendas to the Municipal Clerk’s Office one week
before the meeting and shall include the following:
a) Date, time, location, electronic participation details (where applicable);
b) Land Acknowledgement Statement;
c) Disclosure of Pecuniary Interest;
d) Presentations / Delegations
e) Adoption of Previous Minutes;
f) Items for Discussion; and
g) Adjournment.
57. The Board shall report to Council by presenting the unapproved minutes
immediately after the minutes are finalized by the Chair. Minutes do not wait to
be adopted by the Board first. The draft minutes of all Board meetings shall be
reviewed by the Chair and forwarded to the Municipal Clerk’s Office for inclusion
on the next Council Agenda.
By-law No. 2024-XX Page 10
58. Any changes to the minutes at the next Board meeting will be reflected in those
meeting minutes and a corrected or changed version of the previous minutes
shall be provided to the Municipal Clerk’s Office for publication. T
59. Minutes shall include:
a) Date, time, location, and indication of whether electronic participation took
place;
b) Members absent and present;
c) Land Acknowledgement Statement;
d) Disclosure of Pecuniary Interest;
e) Adoption of Previous Minutes;
f) Presentations / Delegations;
g) Items and Recommendations Discussed and voted on;
h) Date, time, and location of next meeting (where applicable/possible); and
i) Adjournment.
60. Recommendations and decisions reached by the Board must be based on
consensus wherever possible. If a consensus cannot be reached and there are
different opinions on the issue, the Chair may call for a formal vote by show of
hands. Recommendations and decisions will be carried by a simple majority of
the voting members present.
61. Only recommendations and decisions that appear in the minutes of the Board
can be considered as officially representing the position of the Board.
62. To approve a recommendation from a Board, a Member of Council shall remove
it from the consent agenda and put forward a motion to approve the
recommendation found within the minutes of the Board meeting.
63. See Schedule B for details on motions and amendments.
Relationship with Municipality
64. The Board will provide information to the Municipality on the operation and
management of the Newcastle Village Community Hall and may be required to
present a report to Council.
By-law No. 2024-XX Page 11
65. The Board may enter into the following agreements, provided they are within
budgetary limits:
a) rental agreements for private events at the Newcastle Village Community
Hall;
b) Non-residential leases for space within the Hall for a term not to exceed 3
years;
c) employment contracts (subject to section 6) and
d) agreements for normal operating or administrative matters.
66. The municipality has the right to use the hall, when available, at no cost, in
consultation with the board. The Municipality will cover any expenses associated
with the use of the hall.
67. Except as expressly permitted, the Board shall not enter into any agreement
which has the potential to commit funds, oblige or encumber the Municipality, or
incur any debt or long-term financial obligation.
68. The Board shall submit their books and records to the Municipality annually for
review by the Municipality's auditors and consolidation with the Municipality of
Clarington's financial statements.
69. The Board or it’s members found not to be following the Terms of Reference may
be reported to Council for review and to determine whether the contrary conduct
requires further actions, such as removal of the member or Board. Additionally,
the Municipality may dissolve the Board at any time through the repeal of this by-
law.
Insurance
70. The Municipality shall provide property and third-party liability insurance
coverage in respect of the Newcastle Village Community Hall.
71. The Municipality represents that general commercial liability insurance coverage
is provided to the Board, its employees, and volunteers under the terms and
conditions Municipality's Master Insurance Policy. The Board or its employees
shall forward to the Municipality, appropriate documentation of all claims or
potential claims. The Board shall undertake all of its activities in a manner
consistent with that of a prudent owner in order to prevent or minimize claims,
injuries, or damages, and shall work co-operatively with the Municipality's insurer
in the investigation and defense of all claims.
By-law No. 2024-XX Page 12
Budget
72. The Board agrees to use all revenue generated for the exclusive purpose of
operation and maintenance of the Newcastle Village Community Hall.
73. The Board is responsible for determining eligibility for grants and for applications
for and administration of grant funding opportunities.
74. Upon Board dissolution, all assets, including bank accounts, shall be transferred
to the Municipality, and all business records shall be turned over to the
Municipality.
75. The Municipality will request input from the Board recommendations for inclusion
in the Capital Budget Program. These recommendations will be considered
within the approved Capital Budget Prioritization criteria. Items not considered as
part of the Municipality’s responsibility would include interior painting; movable
equipment/furnishings and program related betterments/upgrades.
76. Any operating budget requests shall be submitted to the Municipality of
Clarington in accordance with the budget timelines established by the Deputy
CAO / Treasurer and shall be considered with all other budget requests.
77. On or before a date established annually by the Deputy CAO/Treasurer, the
Board shall prepare and submit to Council an estimate of its financial
requirements for the ensuing financial year and the Treasurer shall pay to the
Board out of the funds appropriated for it by Council such amounts as may be
requisitioned from time to time or shall pay the accounts approved by the Board
directly in respect to and to the limitations of the approved budget revenues and
appropriation. The Board shall only use those funds for the purposes identified in
its estimate of its financial requirements approved by Council.
Financial
78. All income received by the Board from time to time from or in respect to any
portion of the Hall shall be applied and extended in payment of the actua l
operating expenses of the Hall such as heating, lighting, and janitor service.
79. Any on-going surplus remaining after payment of the actual operating expenses
of the Hall shall be returned to the Municipality to be held in a reserve fund which
shall from time to time to be used as may be necessary or desirable by the
Municipality for rebuilding, repairing, re-fitting, improving or further equipping the
Hall so as to keep it from time to time well and thoroughly adapted for fulfilling the
purposes described in section 11.
80. If at any time for any cause or reason the revenues from the Hall are not
sufficient for its proper maintenance and use then the Municipality shall be
responsible for such deficiency.
By-law No. 2024-XX Page 13
Donations
81. The Board shall keep distinct and regular accounts of its receipts (including any
private donations received by it and the terms, if any, upon which such donations
were made), payments, credits and liabilities. All receipts for tax purposes must
be issued by the Municipality in accordance with the requirements of the Canada
Revenue Agency.
Development Funds
82. The Board may, with the approval of Council, establish a development fund into
which donations and net revenues, if any, may be placed for future Hall
development projects and may apply any private donations in such manner as it
deems advisable but not inconsistent with the terms upon which any amount was
donated. Any funds intended for purposes beyond the calendar year will be
automatically provided to the Municipality prior to December 31st of the year of
receipt of funds, for deposit into Municipal accounts identified for Board purposes
with the exception of the funds required by the Board for on-going operational
requirements and will be maintained by the Municipality's Treasurer.
Purchasing/Procurement Policy
83. All expenditures must relate to matters directly within the mandate and
responsibilities of the Board.
84. All Board expense information is considered to be public information and shall be
made available upon request to the Municipal Clerk or Deputy CAO / Treasurer.
85. All purchases shall be in accordance with the Municipality’s
Purchasing/Procurement By-law and within the Board’s approved budget. All
expenses that exceed the Board’s approved budget require Council approval.
Repeal
86. That By-law 2014-094 is hereby repealed.
____________________
Mayor Adrian Foster
_________________
June Gallagher, Municipal Clerk
By-law No. 2024-XX Page 14
Schedule A
Election Process
Nominations – Accepting nominations, from the floor, for any position:
1. Nominator raises their hand to indicate they are going to nominate a member.
2. Does not need a seconder.
3. Nominees’ names are recorded in the minutes.
4. A person can nominate themselves.
5. A member can be nominated for more than one position but can only hold
one position at a time.
6. A member may be nominated even if they are not in attendance.
7. Nominees do not have to leave the room during the vote. They can participate
in the voting.
8. The Election Chair can continue presiding, even if they are one of the
nominees for the office.
9. Nominations are open until the Election Chair asks for nominations and there
are no names put forth at which time the Election Chair will close
nominations.
10. Nominees can remove their name at any point during the process, or the next
meeting if they are not in attendance.
Stand – As each member is nominated, the Election Chair asks the nominee if they will
have their name stand. If the member does not agree their name shall not be
included in the vote.
Voting
1. If there is only one nominee, that person is appointed.
2. If there is more than one nominee the Election Chair asks, for each nominee,
“All those in favour of Bob Smith for Chair, please raise their hands”. The
person with the most votes is appointed.
3. If the vote is tied, and there are more than two people nominated for the
position, the person with the least votes is removed and another round of
voting with the remaining members is conducted. If a tie vote remains with
two people, and all voting members are present, the selection will be made by
picking a name out of a hat.
By-law No. 2024-XX Page 15
Schedule B
Motions and Amendments
1. Voting on motions and their amendments is done in this order:
On the amendment to the amendment (the second amendment)
On the amendment
On the motion or the motion as amended (this must happen if approved
amendments have been added to the motion).
2. Tied Vote
If the vote is tied, the motion is lost.
3. Majority Vote
Every member present at the meeting, when the vote is called, shall vote unless
disqualified under the Municipal Conflict of Interest Act. The vote required to pass
a motion shall be a simple majority.
4. Reconsider a Lost Motion
A lost motion should not come up again during the same year unless at least
two-thirds of the members present to approve a motion that “the question be
reconsidered.” This motion shall be added to the agenda, is not debatable and
calls for an immediate vote.
5. Motions
The following steps are required to introduce, deliberate, and vote on a motion:
A member asks to speak and when their turn comes up, they make a motion
by saying “I move…”.
Another member seconds the motion. If there is no seconder, no discussion
or vote takes place; it is not recorded in the minutes; and the Committee
either proposes a different motion or moves to the next agenda item.
The Chair should restate the motion clearly after it has been made and
seconded “It is moved and seconded that …”.
Only one motion is addressed at a time.
Discussion is not in order until a motion has been stated by the chair.
By-law No. 2024-XX Page 16
Discussion follows. The Chair should not allow anyone to speak twice on a
motion until everyone has had a chance to speak once.
The Chair should give up the chair when they move a motion. In this case, the
Vice-Chair or any other member may act as Chair until the motion is voted on.
The vote is taken, and the Chair announces the result – “The motion is
carried”, or “The motion is lost.”
6. Negative Motions
Negative Motions are not in order and should not be allowed (i.e. “That the car
not be automatic transmission” should be changed to “That the car be standard
transmission”.)
7. Amendments
Amendments or small changes to a motion may be proposed at any time during
the discussion. It cannot be contrary to the main motion. It must be relevant to
the motion and can change the motion in only one of three ways:
By leaving out certain words
By adding certain words
By replacing certain words with others.
(Not more than two amendments may be made to an open motion at one time.
As soon as one amendment has been accepted or rejected another may be
proposed if it is different from the one already defeated).
If dealing with motions or amendments, always state the exact wording. The
Chair may ask the secretary to read it if the phrase is forgotten.
Adoption of an amendment does not mean adoption of the main motion. The
amendment is carried before the main motion as amended. When the “main
motion, as amended” is on the floor, the Chair will state “main motion as
amended” before the vote.
8. Withdrawal of Motions
A motion can be withdrawn with the consent of the mover. If the seconder
withdraws a new seconder will be required before the motion can be voted on.
Amendments must be withdrawn in reverse order. If the mover refuses to
withdraw, the motions must be voted on.
Attachment 4 to Report LGS-040-24
Newcastle Village Community Hall Board Comments
Section Newcastle Hall Board Comments Staff Response
Board Mandate
and
Responsibilities
Request to add a new paragraph:
“The Board of Directors may authorize campaigns
for voluntary donated funds to support the general
operations of the hall or any particular phase or
aspect of the hall’s operation.”
Staff added this as item 11 for Council
approval.
Note: the TOR refers to the “Board” and not
the “Board of Directors”, so that reference
has been changed.
Municipality
Responsibilities
Add “Municipal summer garden maintenance” to
line 15.
The Municipality is responsible for general
scheduled maintenance of grounds which
includes grass cutting, litter pick-up, spring
and fall clean-up of the gardens, and annual
mulch application. The Board is responsible
for general maintenance, care, and use of the
Hall, including planting, care, and
maintenance of the flowers and shrubs, and
the cost of all utilities for the Hall. Staff have
clarified this to the Board and included it in
the TOR.
Municipality
Responsibilities
Request to add a new paragraph:
“The Municipality shall be responsible for the
maintenance of the gazebo, cenotaph and are
required to supply the National Flag of Canada to
be displayed on the exterior flag poles.”
Staff are recommending the following as item
16:
“The Municipality shall be responsible for the
repair and maintenance of the gazebo and
cenotaph areas, including the provision of
Canadian flags on display on the two flag
poles on the property.”
Attachment 4 to Report LGS-040-24
Newcastle Village Community Hall Board Comments
Section Newcastle Hall Board Comments Staff Response
Board
Composition
Requested the composition stay the same and does
not agree to having all members appointed by
Council.
Staff are recommending an increase of one
member to stay consistent with the other
Boards and having all members appointed by
Council to remain consistent with all
Boards/Committees. Additionally – there has
been issues with the process of “electing the
Village of Newcastle” Members and Staff’s
recommendation seeks to remove the issues
by having Council perform the appointments.
Attachment 4 to Report LGS-040-24
Newcastle Village Community Hall Board Comments
Section Newcastle Hall Board Comments Staff Response
Board
Composition
Requested to have at least one Member of Council
in attendance.
Staff are not recommending adding this
wording into the TOR, because there may be
situations where the Council representative
cannot attend, but the Board has important
business to deal with. It is Staff’s opinion that
the Board should be able to conduct its
business in the absence of a member from a
meeting.
If Council would like to appoint an alternate
Council member, the following should be
added to the TOR:
“Council may appoint an alternate Council
member to attend in the absence of the
appointed Member of Council”.
If added, this would allow the Appointed
Member to notify the alternate if they are
unable to attend. This should help with
attendance of a Member of Council but does
not prevent the meeting from proceeding if
both Members of Council are unable to
attend.
Attachment 4 to Report LGS-040-24
Newcastle Village Community Hall Board Comments
Section Newcastle Hall Board Comments Staff Response
Board
Qualifications
Requested to add a new paragraph:
“Each candidate for the Board of Directors shall be
a person at least 18 years of age. Newcastle
Community Hall and Municipal employees are
ineligible to be members of the Board of Directors”
Staff are recommending the following be
added to Clarington’s Appointment to Boards
and Committees Policy, as it is applicable to
all Boards and Committees:
“Each candidate for a Board/Committee shall
be at least eighteen (18) years of age, on the
date of appointment, unless otherwise
specified in the Terms of Reference of the
Board / Committee. Paid employees of the
Board / Committee and Municipal employees
are ineligible to be a member of the Board.”
Board
Qualifications
Request to add a new paragraph:
“Any individual who is commencing legal action
against the hall, employees, or involved in legal
action against the Municipality is ineligible to be a
Director or to be a candidate for the Board of
Directors, while so acting.”
Staff are not recommending the addition of
this paragraph as it is not a requirement/or is
included in any of the Boards and
Committee’s Terms of Reference nor is there
any way to ensure there is no legal actions.
Ultimately, all appointments (if the new
appointment process is approved) will be a
decision of Council. Council can also remove
members as they see fit.
Additionally, Section 33 in the Terms of
Reference states that the Board, by
resolution, may request that Council remove
a member from the Board, by providing a
brief explanation of the request within a
recommendation in their minutes.
Attachment 4 to Report LGS-040-24
Newcastle Village Community Hall Board Comments
Section Newcastle Hall Board Comments Staff Response
Term Length Requested staggered 2-year terms and that a
member cannot serve more than 3 consecutive
terms without a 12-month lapse before re-
appointment.
Staggered terms do not achieve what is
desired or expected. This is explained in
Section 2.5 of this report.
The suggestion to limit terms is not permitted
by the Municipal Act Section 196(4).
Therefore, it cannot be added.
Election of
Positions on the
Board
Request to change from annually to bi-annually. Staff have made this change and are
recommending it to Council for approval.
Absences Include “or who fails to attend 50 per cent of
meetings, held in any one fiscal period to
absences.”
Staff have added this but have changed
“fiscal period” to “calendar year”. This has
also been added to all Boards' Terms of
References.
Resignations Requested that appointed positions have one
month to be filled or the Board can appoint.
Staff are not recommending this addition.
When a Board/Committee has a vacancy, it
is advertised, and then applications are
provided to Council for review and
appointment. Only Council can appoint
Members to their Boards/Committees. This is
consistent with all our Boards/Committees.
Responsibilities
and Obligations of
Members
Include “work on one working committee”. Staff have made this change and added it as
item e).
Attachment 4 to Report LGS-040-24
Newcastle Village Community Hall Board Comments
Section Newcastle Hall Board Comments Staff Response
Frequence of
Meetings
Requested to change from four times annually to
nine with the addition to include “meetings can be
called at the discretion of the Chair” at the end of
the sentence.
Staff have made the change to the number of
meetings, but, did not include the addition of
“meetings can be called at the discretion of
the Chair”, as it is already outlined in the
Chair's responsibilities.
Agendas and
Minutes
Requested that the minutes be adopted by the
Board first or including “Draft” on the minutes to
Council.
Staff are not recommending this change. This
is consistent with all other Advisory
Committee’s / Board’s. Submitting the Draft
Minutes ensures they are received by
Council in timely manner. If Council only
received the approved minutes, they will not
be received until the Board’s next meeting,
which could be over a month later.
Providing draft minutes also gives Council an
opportunity to propose any corrections or
amendments before they are finalized.
However, Staff do recommend that the Board
indicate “Draft” on the minutes, but it is not a
requirement for the Terms of Reference.
Legacy Funds Requested to keep the Legacy Funds section. Staff are not recommending this change, in
accordance with Section 3.5 of this report.
Attachment 5 to Report LGS-040-24
Council Policy
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Page 1 of 7
Number: CP-00#
Title: Board/Committee Management Policy
Type: Operational
Sub-type: Communication/Customer Service
Owner: Legislative Services
Clerk’s Division
Approved By: Council
Approval Date: November 21, 2021
Effective Date: Click or tap to enter a date.
Revised Date: Click or tap to enter a date.
Applicable to: Council
1. Purpose:
1.1. To establish a standardized, transparent, and fair process for Council
appointments to Boards and Committees.
1.2. 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.
2. Scope:
2.1. This policy applies to the Clarington Advisory Committees, Municipal Service
Boards, and other Committees that Council makes appointments to.
3. Definitions
3.1. Advisory Committees are established by Council to provide advice and
recommendations to Council.
3.2. Municipal Service Boards are outlined in Section 195 of the Municipal Act,
2001, which authorizes a municipality to establish a municipal service board to
control and manage specific services and activities of the municipality.
Attachment 5 to Report LGS-040-24
Council Policy
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3.3. Other Committees includes Committees of Council and other
Boards/Committees in different organizations that require Council to appoint
member(s) (i.e. Durham Region Committees etc.).
4. Council Review of Clarington Boards/Committees
4.1. At the beginning of the Council term, Staff shall bring forward a report
containing Clarington Board/Committee background information for Council
review to determine the Board/Committees for the current term. This report will
include the mandatory Boards/Committees (i.e. Accessibility Advisory
Committee and Municipal Service Boards) for information only.
5. Applications
5.1. Once the Board/Committees are confirmed, the Committee Coordinator shall
ensure that the opportunity for appointments to boards and committees is
advertised as deemed appropriate by the Municipal Clerk.
5.2. 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
reach out to the Chair / Vice Chair to better understand the Board/Committee,
their work, and the expectations.
5.3. Persons wishing to sit on a board or committee shall submit a completed
application, to the Municipal Clerk’s Division.
5.4. The Committee Coordinator shall receive all applications for appointment.
5.5. 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, and confirming that they are submitting a fully completed
application.
Attachment 5 to Report LGS-040-24
Council Policy
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5.6. 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.
5.7. Late applications will be kept on file but will not be processed for the current
vacancy.
5.8. If no, or not enough applications are received, the remaining position(s) shall
be re-advertised.
5.9. Each candidate for a Board / Committee shall be at least eighteen (18) years of
age, on the date of appointment, unless otherwise specified in the Terms of
Reference of the Board / Committee. Paid employees of the Board /
Committee and Municipal employees are ineligible to be a member of the
Board / Committee.
6. Evaluation
6.1. 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 a n indication if an
applicant does not meet the minimum criteria. The responsible department for
the Board / Committee may prepare a recommendation to be included in the
agenda.
6.2. The Committee Coordinator shall assemble the applications according to the
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.
7. General Government Committee (GGC) Consideration
7.1. 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 and when vacancies occur.
Attachment 5 to Report LGS-040-24
Council Policy
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7.2. Copies of the completed applications shall be supplied to the GGC Members in
a confidential package, under separate cover from the GGC Agenda.
7.3. The report shall be considered at the appropriate section of the agenda at the
GGC meeting, in open session.
7.4. Appointments to Boards/Committees shall be considered one
Board/Committee at a time.
8. Voting
8.1. A successful candidate must receive a majority vote of all members of Council
present at the meeting.
8.2. The appointment recommendation shall either (i) be ratified at Council; or (ii) if
pulled at Council, the vote shall proceed in the same manner as if the vote
were taking place at Committee.
8.3. The Municipal Clerk shall announce the number of positions to be filled for the
board/committee currently under consideration.
8.4. The Municipal Clerk, or designate, will display an excel sheet with the list of
candidates and list of Members of Council.
8.5. The Municipal Clerk, or designate, shall record the vote by asking each
Member of Council for their vote, starting with the Council Representative for
the Board / Committee, 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 filled in that round of voting. Over-
votes are not permitted. Under-votes are permitted.
8.6. If Committee does not appoint the required number of members, the remaining
positions will be re-advertised.
8.7. 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.
Attachment 5 to Report LGS-040-24
Council Policy
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8.8. 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.
8.9. 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 mo ving down the list (from
highest to lowest) the number of nominees required to fill the positions shall be
deemed to have been appointed.
8.10. 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.
8.11. 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.
8.12. 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.
8.13. 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.
8.14. 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.
Attachment 5 to Report LGS-040-24
Council Policy
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Coordinator at 905-623-3379 ext. 2131
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8.15. 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.
9. Appointments of Council Members to Boards and Committees
9.1. The procedures outlined in Section 6 shall be followed for any appointment of
Members of Council to a board or committee.
9.2. Alternatively, Committee may dispense with voting and recommend a particular
Member of Council to a board or committee. Similarly, Council may do the
same.
10. Filling of Vacancies
10.1. 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.
10.2. Applications of unsuccessful applicants shall be kept on file in the event of a
vacancy.
10.3. The Committee Coordinator shall contact any unsuccessful applicants to notify
them that there is a vacancy. The vacancy will be advertised, and a report will
go directly to the appropriate GGC meeting. If the unsuccessful applicants are
still interested, they will be directed to submit a new application.
10.4. If an appointed member declines their appointment, Staff will not re-advertise
for the position and shall bring forward the current applications at the next
General Government Committee meeting for Council consideration.
Attachment 5 to Report LGS-040-24
Council Policy
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Coordinator at 905-623-3379 ext. 2131
Page 7 of 7
11. Revision History:
Date Description of Changes Approved By