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HomeMy WebLinkAboutCAO-003-25Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Date of Meeting: February 24, 2025 Report Number: CAO-003-25 Authored By: Pinder DaSilva, IDEA Officer Submitted By: Mary-Anne Dempster, CAO By-law Number: Resolution Number: File Number: Report Subject: Diversity Advisory Committee and Clarington Anti-Black Racism Advisory Committee Terms of Reference Update Recommendations: 1.That Report CAO-003-25, and any related delegations or communication items, be received; 2.That the Diversity Advisory Committee Terms of Reference, Attachment 1, be approved; 3.That the Anti-Black Racism Advisory Committee Terms of Reference, Attachment 2, be approved; 4.That the term for the appointments of Beverly Neblett, Rochelle Thomas, Vincent Wong, Star Lee DeGrace and Koren Kassirer, who were appointed in December 2024, for a term ending December 31, 2028, or until a successor is appointed, be changed to December 31, 2026, or until a successor is appointed; 5.That the identified additional governance practices be added to other staff-supported committees of Council, where applicable; and 6.That all interested parties listed in Report CAO-003-25, and any delegations be advised of Council’s decision. Municipality of Clarington Page 2 Report CAO-003-25 Report Overview This report details recommended changes to the Terms of Reference for the Clarington Diversity Advisory Committee (DAC) and the new Terms of Reference for the Clarington Anti-Black Racism Advisory Committee (ABRAC), which was established by Council at the January 13, 2025, General Government Committee (GGC) meeting. 1. Background 1.1 At the January 13, 2025, General Government Committee meeting, Resolution #GG- 017-25 was passed: That the Municipality of Clarington, elevate the Anti-Black Racism Task Force from a working group of the Diversity Advisory Committee to a separate Advisory Committee of Council, to be called the Anti-Black Racism Advisory Committee; That all current members of the Anti-Black Racism Task Force be appointed to the Anti-Black Racism Advisory Committee and have their term extended to the end of this Council term; That staff review and update the Terms of Reference for both the Diversity Advisory Committee and newly formed Anti-Black Racism Advisory Committee and bring back to Council for approval; That the Terms of Reference for the Anti-Black Racism Advisory Committee include a Councillor Representative, and Councillor Rang be appointed as the Council Representative for a term ending November 14, 2026; That the Terms of Reference for both committees include a Staff Liaison; That the 2025 budget be amended to include an additional Staff resource for the IDEA portfolio (Grade 6 – non-affiliated); and That all interested parties be notified of Council’s decision. 1.2 When developing the proposed Terms of Reference, Municipal Staff researched other Municipality’s Terms of References for similar Committees of Council and consulted with the Region of Durham’s Diversity, Equity and Inclusion Department to identify additional governance practices. Municipality of Clarington Page 3 Report CAO-003-25 2. Additional Governance Practices 2.1 Based on review of other Municipality’s Terms of References for similar committees, certain governance practices were added to the Diversity Advisory Committee and Anti- Black Racism Advisory Committee Terms of Reference. The practices include – recording of meetings, and clarification on roles and responsibilities (for both members of the committee and staff). 3. Terms of Reference Review – Diversity Advisory Committee 3.1 Utilizing the standard Terms of Reference template, the Terms of Reference for the Clarington Diversity Advisory Committee have been updated with the following amendments. Purpose and Mandate 3.2 The Purpose and Mandate has been updated with the following:  The Diversity Advisory Committee (DAC) is an Advisory Committee established by Clarington Council in accordance with these Terms of Reference. The Committee members are guided by these Terms of Reference.  The role of the Clarington DAC is to provide advice to Council on issues related to Inclusion, Diversity, Equity and Anti-Racism (IDEA), specifically looking at ways to foster awareness, reduce barriers, promote inclusion and engage residents. Scope of Activities 3.3 To ensure responsibilities of DAC Members clearly outlined, including additional information on limitations on scope of work, the following has been updated:  DAC Members are responsible to provide strategic advice, feedback, and insight to Council about the unique and diverse needs of the community, including businesses in Clarington, with a lens to enhance access and inclusion and contribute to the dismantling of discrimination and racism in Clarington.  DAC will communicate, interact, and build relationships with Clarington residents, businesses, stakeholders, and organizations to identify and foster a greater understanding of local issues and opportunities related to inclusion, diversity, equity and anti-racism, which may include representing the DAC at community and Municipal events, functions, and celebrations.  DAC will consult and invite key experts, community organizations and committees on issues of mutual interest related to inclusion, equity, diversity and anti -racism to present at DAC meetings, to inform its workplan and advice to Council. Municipality of Clarington Page 4 Report CAO-003-25  DAC will collaborate with Clarington’s Anti-Black Racism Advisory Committee and The Regional Municipality of Durham’s Diversity, Equity and Inclusion (DEI) Office and other Durham Region Municipal DEI committees on work that will help establish common goals, solutions and initiatives related to anti-racism in Clarington and across Durham Region.  Municipal staff may consult DAC to provide feedback on the development and delivery of policy, programs and services related to diversity, equity, inclusion and anti-racism in Clarington. This includes, but is not limited to, the Inclusion, Diversity, Equity and Anti-Racism Strategy and related initiatives. DAC Members’ role shall be limited to duties outlined in these Terms of Reference and the annual work plan. Members shall not be responsible for giving direction to Staff on the day-to- day administration and operations of the Municipality or Municipal Facilities, including the creation and/or implementation of Municipal programming or events. Definitions 3.4 Staff are recommending adding the following definition:  Advisory Committees are established by Council to provide advice and recommendations to Council, as defined in Council Policy 017 – Boards and Committees Management Policy. Composition 3.5 Currently, the Committee’s composition is 11 voting members appointed by Council (10 citizens, including two youth members, and 1 Member of Council). 3.6 Staff are recommending a total of 13 voting members appointed by Council:  9 citizen members;  1 Youth Member;  1 Member of Council; and  2 representatives from organizations such as but not limited to community and socially focused organizations, social services, professional associations, housing, healthcare and non-profit organizations, equity and human rights, academia and/or local school boards and criminal justice system, whose work contributes to racism and discrimination. 3.7 Staff will advertise to fill the positions on the Committee (the youth member and 2 organizational members) that are vacant a result of the addition of new Members. Municipality of Clarington Page 5 Report CAO-003-25 Length of Term 3.8 Currently, the Committee shall stagger the terms of members, by appointing half of the membership, every two years. 3.9 To remain consistent with the other Advisory Boards and Committees, Staff are recommending appointment run concurrent with the term of Council or until their successor is appointed. Therefore, Staff recommend adjusting the terms for all committee members (already appointed or to be appointed) to December 31, 2026, or until a successor is appointed. Conduct of the Committee Members 3.10 The Conduct of the Committee Members has been updated to include the following:  The Chair may be requested to contribute to Municipal public statements about matters pertaining to inclusion, diversity, equity and anti-racism, if requested, by the Mayor who is the Chief Spokesperson for the Municipality of Clarington. Frequency and Location of Meetings 3.11 To ensure transparency and accuracy of minutes, the Terms of Reference have been updated to include recording of open meetings.  The Committee meetings will be recorded, and recordings are available by request to any member of the public, except if the recording is of any closed session portion of the meeting. Budget, Annual Reports, and Work Plan 3.12 To further clarify the process for submitting an annual work plan and report, Staff are recommending the following be added:  DAC will submit the following to Council through the Committee reporting process: o A comprehensive work plan, aligned with the Committees Purpose, Mandate and Scope of Work, within the first three regular meetings of DAC. The plan will detail specific objectives and action items, subject to alteration as needed. o An annual report to Council, highlighting the accomplishments and impact of Committee activities and initiatives outlined in the annual work plan, as well as addressing any emerging anti-racism and anti-discrimination issues the committee has responded to. Municipality of Clarington Page 6 Report CAO-003-25 4. Terms of Reference Development – Anti-Black Racism Advisory Committee 4.1 Using the standardized template, as approved by Council in March 2024, Staff have created the ABRAC Terms of Reference (Attachment 2). 4.2 The existing Terms of Reference for the Diversity Advisory Committee’s working group, the Anti-Black Racism Task Force, were used as a reference when preparing the new Terms of Reference. 4.3 Staff will advertise to fill the positions on the Committee (the youth member and 2 organizational members) that are vacant a result of the addition of new Members. 5. Financial Considerations  Not applicable 6. Strategic Plan C.3.1. Recognize and celebrate the growing diversity of the community. Both Council Committees support IDEA work related to the growing diversity of Clarington. 7. Climate Change Not Applicable. 8. Concurrence Not Applicable 9. Conclusion It is respectfully recommended that the Terms of Reference for the Diversity Advisory Committee and the newly formed Anti-Black Racism Advisory Committee by approved by Council. Staff Contact: Pinder DaSilva, IDEA Officer, pdasilva@clarington.net. Attachments: Attachment 1 – Diversity Advisory Committee Terms of Reference Attachment 2 – Anti-Black Racism Advisory Committee Terms of Reference Interested Parties: The following interested parties will be notified of Cou ncil's decision: Diversity Advisory Committee Anti-Black Racism Advisory Committee If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Clarington Diversity Advisory Committee Terms of Reference 1. Purpose and Mandate 1.1. The Diversity Advisory Committee (DAC) is an Advisory Committee established by Clarington Council in accordance with these Terms of Reference. The Committee members are guided by these Terms of Reference. 1.2. The role of the Clarington DAC is to provide advice to Council on issues related to Inclusion, Diversity, Equity and Anti-Racism (IDEA), specifically looking at ways to foster awareness, reduce barriers, promote inclusion and engage residents. 2. Scope of Activities 2.1. DAC Members are responsible to provide strategic advice, feedback, and insight to Council about the unique and diverse needs of the community, including businesses in Clarington, with a lens to enhance access and inclusion and contribute to the dismantling of discrimination and racism in Clarington. 2.2. DAC will communicate, interact, and build relationships with Clarington residents, businesses, stakeholders, and organizations to identify and foster a greater understanding of local issues and opportunities related to inclusion, diversity, equity and anti-racism, which may include representing the DAC at community and Municipal events, functions, and celebrations. 2.3. DAC will consult and invite key experts, community organizations and committees on issues of mutual interest related to inclusion, equity, diversity and anti-racism to present at DAC meetings, to inform its workplan and advice to Council. 2.4. DAC will collaborate with Clarington’s Anti-Black Racism Advisory Committee and The Regional Municipality of Durham’s Diversity, Equity and Inclusion (DEI) Office and other Durham Region Municipal DEI committees on work that will help establish common goals, solutions and initiatives related to anti-racism in Clarington and across Durham Region. Attachment 1 to Report CAO-003-25 2.5. Municipal staff may consult DAC to provide feedback on the development and delivery of policy, programs and services related to diversity, equity, inclusion and anti-racism in Clarington. This includes, but is not limited to, the Inclusion, Diversity, Equity and Anti-Racism Strategy and related initiatives. 2.6. DAC Members’ role shall be limited to duties outlined in these Terms of Reference and the annual work plan. Members shall not be responsible for giving direction to Staff on the day-to-day administration and operations of the Municipality or Municipal Facilities, including the creation and/or implementation of Municipal programming or events. 3. Definitions 3.1. Advisory Committees are established by Council to provide advice and recommendations to Council, as defined in Council Policy 017 – Board/Committee Management Policy. 3.2. Delegation means a person desiring to verbally present information on matters of fact, or to make a request to Council or Committee, as the case may be. 3.3. Motion means a proposal moved by a Member and seconded by another Member, for the consideration of the Committee. 3.4. Municipality means the Corporation of the Municipality of Clarington and may refer to any agency, board or commission under its authority. 3.5. Meeting has the same meaning as Section 238 of the Municipal Act, and means any regular, special or other meeting of a council, of a local board or of a committee of either of them, where (a) a quorum of members is present, and (b) members discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of the council, local board or committee. 3.6. Member means a Member of Council or Committee. 3.7. Quorum means a minimum number of appointed members that must be present at the meetings to make the proceedings of the meeting valid. 4. Committee Members Composition 4.1. The Committee shall be comprised of 13 voting members, appointed by Council: a) 9 citizen members; b) 1 youth members (16 to 24 years); c) 1 Member of Council; and d) 2 representatives from organizations such as but not limited to community and socially focused organizations, social service agencies, professional associations, housing, healthcare and non-profit organizations, equity and human rights, academia and/or local school boards and criminal justice system, whose work contributes to racism and discrimination. 4.2. The Committee functions or tasks can take place using voting members and volunteers, without creating a subcommittee or working group. 4.3. The Committee aims to represent a broad cross-section of under-served and equity-deserving groups. This includes but is not limited to Indigenous Peoples; racialized people; Two Spirit, Lesbian, Gay, Bisexual, Transgender, Queer and/or Questioning, Intersex, Asexual (2SLGBTQQIA), and additional ways in which people choose to identify; people of diverse ethnic or cultural origin; newcomers, or new Canadians. Qualifications 4.4. Membership will be sought on the basis of broad interest, understanding, and commitment to identifying and addressing inclusion, diversity, equity and anti- racism issues. Additional qualifications include: a) Citizen and Youth Members shall be residents of Clarington. b) Skills, knowledge, and lived experience needed to contribute effectively to the purpose, mandate and scope of activity for the DAC. c) Commitment as a change-agent in inclusion, diversity, equity and anti- racism matters in the community. Length of Term 4.5. Membership shall run concurrent with the term of Council (4 years) or until their successor is appointed. Remuneration 4.6. Members serve on a voluntary basis and do not receive any form of remuneration. Election of Members 4.7. The Committee shall elect a Chair, Vice Chair, and Secretary from among its voting membership. Members of Council and Municipal Staff sitting on the Committee are not eligible to assume the position of Chair or Vice-Chair, except as Election Chair, as outlined in this Terms of Reference. 4.8. The positions are elected at the first meeting of the term. 4.9. Before the election of the Chair, either a Council member or Clarington Staff 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 Appendix A for the Election Process. 4.10. If any of the elected positions become vacant, another election will be held for that position. If the Vice-Chair becomes vacant, the Chair may appoint a member of the Committee as Interim Vice-Chair until a new Vice-Chair can be elected. The elections, when required, will be held at the next meeting of the Committee in accordance with the process set out in Appendix A. Staff Resources 4.11. The Office of the CAO shall provide clerical, administrative, and technical assistance, as deemed appropriate by the CAO or designate, to ensure the proper functioning of the Committee, which include: a) preparing and forwarding meeting materials to members; b) review of summary meeting minutes and Committee correspondence (including assistance in drafting); c) professional advice on matters within the mandate of the Committee; and d) assist the Committee in participating in events and activities related to its mandate. 4.12. Staff resources are provided only to assist the Committee in undertaking its mandate. Additional requests of Staff, such as original research or organization of events shall be at the discretion of the CAO or designate and within Staff, time, and budget constraints. 5. Responsibilities and Obligations of Members General 5.1. A member of the Committee shall have the following duties: a) to deliberate on, and execute, the purpose and mandate of the Committee; b) to attend meetings and work activities; c) to vote when a motion is put to a vote; d) to read, understand, and respect the Procedures and Rules, including the Code of Conduct and Purchasing By-law, and any guidelines for the Committee. Conduct of the Committee Members 5.2. The Chair, or a spokesperson/member appointed by the Committee, may speak on behalf of the Committee to Council or the public. Other members shall not act, or speak, on behalf of the Committee without prior approval of the Committee. 5.3. The Chair may be requested to contribute to Municipal public statements abo ut matters pertaining to inclusion, diversity, equity and anti-racism by the Mayor who is the Chief Spokesperson for the Municipality of Clarington. 5.4. The Committee, or its members, shall not issue petitions, resolutions, or position papers on behalf of the Committee unless specifically authorized by Council resolution. 5.5. The Committee, and its members, shall also not act outside of the mandate and advisory capacity of the Committee. Should the Committee wish to comment on an issue that is within the mandate of another Council committee, the Chair shall consult with the responsible Staff Liaison(s) and the Chair of the other Committee. 5.6. The Committee, by resolution, shall have the right to censure members that, in the Committee’s opinion, are misrepresenting the Committee and may request Council to remove that person from the Committee, by providing a brief explanation of the request within a recommendation of the Committee’s minutes (which may include closed session). Absences 5.7. This section does not apply to a Committee member who is absent for 20 consecutive weeks or less if the absence is a result of the member’s pregnancy, the birth of the member’s child or the adoption of a child by the member. 5.8. Members unable to attend a Committee meeting shall notify the Staff Liaison at least 24 hours in advance. 5.9. If a member is absent for three consecutive meetings, the Committee, by resolution, may request that Council remove the Member, including a Member of Council, from the Committee. 5.10. Members unable to attend a meeting cannot send an alternate. Resignations 5.11. 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. 5.12. Council may appoint new members to the Committee to fill any vacancies, as required, in accordance with Clarington’s Board / Committee Management Policy. Chair and Vice-Chair 5.13. It shall be the duty of the Chair to: a) provide leadership to the Committee; b) ensure that the Committee carries out its mandate; c) act as the primary liaison between the Committee, Council, Clarington Staff and Members of the Public. d) set the meeting dates and agendas items, with input from Members, and the Staff Liaison; e) provide information to Members on any matter relating to the business of the Committee; f) open the meeting by taking the Chair and calling the members to order; g) announce the business before the Committee 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; and j) adjourn the meeting when the business is concluded. 5.14. The Chair may eject any Committee Member or member of the public from a meeting if, in the opinion of the Chair, that person is being disruptive or disrespectful. 5.15. 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. Conflict of Interest 5.16. A conflict of interest may arise for Committee members when their personal or business interest conflict with the duties and decisions of the Committee. 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 Committee. A Committee 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. 6. Meetings Frequency and Location of Meetings 6.1. At the beginning of each year, the Committee will establish a meeting schedule and set the time and place for a minimum of 6 meetings per year. Special meetings may be held at the call of the Chair. Additional meetings may be required based on the work of the Committee. 6.2. Meetings will be held in-person, virtual or hybrid. Committee members may participate electronically using Microsoft Teams or other approved platform. The Committee meetings will be recorded and recordings are available by request to any member of the public, except if the recordin g is of any closed session portion of the meeting. Quorum 6.3. Quorum shall be a simple majority of the total number of currently appointed Committee 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 6.4. 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, a Land Acknowledgement Statement shall be read, at the beginning of each meeting, in accordance with the Land Acknowledgement Guidelines. Procedures and Rules 6.5. A Committee 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 Terms of Reference, and any other applicable policies and/or procedures. Recommendations 6.6. Recommendations and decisions reached by the Committee 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. Each voting member of the Committee has one vote. 6.7. Only recommendations and decisions that appear in the minutes of the Committee can be considered as officially representing the position of the Committee. 6.8. For Council to approve a recommendation from a Committee, 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 Committee meeting. 6.9. A Committee shall not forward comments or recommendations directly to other groups or agencies without the consent of Council. 6.10. See Appendix B for details on motions and amendments. Electronic Participation 6.11. A member of the Committee is permitted to participate electronically in a meeting, if the technology is available, and may be counted in determining whether, or not, a quorum of members is present at any point in time. 6.12. A Member may also participate electronically in a meeting that is closed to the public, if the meeting is properly held in closed session. See the Open and Closed Meetings section of these Terms of Reference. Public Participation and Delegations 6.13. All Committee meetings are open to the public. Members of the public are not permitted to participate in the Committee discussions but may appear as a delegation before the Committee. Delegations shall be for a maximum of 10 minutes. Those wishing to appear as a delegation at a Committee meeting must advise the Chair, Secretary, or Staff liaison a minimum of five days before the meeting. Open Meetings 6.14. All Committee meetings must be open to the public unless discussing items noted below. 6.15. The Committee 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. 6.16. The following are reasons for a closed meeting of an advisor y board or committee or Task Force, in accordance with Section 239 (2), Municipal Act, 2001: a) Security or property b) Personal matters about an identifiable individual, including municipal and board employees c) Proposed or pending acquisition or disposition of land by the municipality or local board d) Labour relations or employee negotiations e) Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board f) Advice that is subject to solicitor-client privilege, including communications necessary for that purpose. 6.17. 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. 6.18. Where a meeting, or part of a meeting, is closed to the public, the Committee shall request those persons not specifically invited to the closed meeting to vacate the meeting room in which the meeting is being held. 6.19. 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. 6.20. Minutes of the closed session shall be recorded and provided to the Clerk’s Office for distribution to Council at their next appropriate meeting. 7. Reporting and Communications Agendas 7.1. The Committee 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; b) Land Acknowledgement Statement; c) Disclosure of Pecuniary Interest; d) Presentations / Delegations; e) Adoption of Previous Minutes; f) Items for Discussion; and g) Adjournment. Minutes 7.2. The Committee shall report to Council by presenting the unapproved minutes immediately after the minutes are finalized by the Staff Liaison/Chair. Minutes do not wait to be adopted by the Committee first. The draft minutes of all Committee meetings shall be reviewed by the Staff Liaison/Chair and forwarded to the Municipal Clerk’s Office for inclusion on the next Council Agenda. 7.3. Any changes to the minutes at the next Committee 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. 7.4. 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; and i) Adjournment. 8. Budget, Annual Reports and Work Plan 8.1. DAC will submit the following to Council through the Committee reporting process:  A comprehensive work plan, aligned with the Committees Purpose, Mandate and Scope of Work, within the first three regular meetings of DAC. The plan will detail specific objectives and action items, subject to alteration as needed.  An annual report to Council, highlighting the accomplishments and impact of Committee activities and initiatives outlined in the annual work plan, as well as addressing any emerging anti-racism and anti-discrimination issues the committee has responded to. 8.2. Any budget requests by the Committee shall be provided to Staff in accordance with the municipality’s budget timelines. 8.3. The responsible department shall oversee the Committee’s budget. 9. Purchasing/Procurement Policy 9.1. All expenditures must relate to matters directly within the mandate of the Committee. 9.2. All Committee expense information is considered to be public information and shall be made available upon request to the Municipal Clerk or Treasurer. 9.3. All purchases shall be in accordance with the Municipality’s Purchasing By-law and within the Committee’s approved budget. All expenses that exceed the Committee’s approved budget require Council approval. 10. Insurance 10.1. The Committee members are covered through the Municipality of Clarington’s insurance coverage for accidents and liability. 10.2. Coverage could be denied if Members were found not to be acting reasonably or were in the act of committing a crime. Appendix 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. 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. Appendix 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.  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. If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Clarington Anti-Black Racism Advisory Committee Terms of Reference 1. Purpose and Mandate 1.1. The Anti-Black Racism Advisory Committee (ABRAC) is an Advisory Committee established by Clarington Council in accordance with these Terms of Reference. The Committee members are guided by these Terms of Reference. 1.2. The role of the Clarington ABRAC is to provide advice to Council on issues related to anti-Black racism in Clarington. 2. Scope of Activities 2.1. ABRAC Members are responsible to provide strategic advice, feedback, and insight to Council about the needs of the Black community, including businesses in Clarington, with a lens to enhance access and inclusion for the Black community, contribute to the dismantling of anti-Black racism, and support the unique needs of diverse Black communities, in Clarington. 2.2. ABRAC will communicate, interact, and build relationships with Clarington residents, businesses, stakeholders, and organizations to identify and foster a greater understanding of local issues and opportunities related to anti-Black racism; which may include representing the ABRAC at community and Municipal events, functions, and celebrations. 2.3. ABRAC will consult and invite key experts, community organizations and committees on issues of mutual interest related to identifying and dismantling anti-Black racism to present at ABRAC meetings, to inform its workplan and advice to Council. 2.4. ABRAC will collaborate with Clarington’s Diversity Advisory Committee and the Regional Municipality of Durham’s Diversity, Equity and Inclusion (DEI) Office and other Durham Region Municipal DEI Committees on work that will help establish common goals, solutions and initiatives related to anti-Black racism in Clarington and across Durham Region. 2.5. Municipal staff may consult ABRAC to provide feedback to inform the development and delivery of policy, programs and services related to the dismantling of anti-Black racism in Clarington. This includes, but is not limited to, the Inclusion, Diversity, Equity and Anti-Racism Strategy and related initiatives. Attachment 2 to Report CAO-003-25 2.6. ABRAC Members’ role shall be limited to duties outlined in this Terms of Reference and the annual work plan. The ABRAC shall not be responsible for giving direction to Staff on the day-to-day administration and operations of the Municipality or Municipal Facilities, including the creation and/or implementation of Municipal programming or events. 3. Definitions Advisory Committees are established by Council to provide advice and recommendations to Council, as defined in Council Policy 017 – Board/Committee Management Policy. Delegation means a person desiring to verbally present information on matters of fact, or to make a request to the Committee, as the case may be. Motion means a proposal moved by a Member and seconded by another Member, for the consideration of the Committee. Municipality refers to the Corporation of the Municipality of Clarington and may refer to any agency, board or commission under its authority. Meeting has the same meaning as Section 238 of the Municipal Act, and means any regular, special or other meeting of a council, of a local board or of a committee of either of them, where (a) a quorum of members is present, and (b) members discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of the council, local board or committee. Member means a Member of the ABRAC Committee. Quorum means a minimum number of appointed members that must be present at the meetings of ABRAC to make the proceedings of the meeting valid. 4. Committee Members Composition 4.1. The Committee shall be comprised of the following 12 voting members, appointed by Council:  8 citizen members who self-identify as part of the Black community  1 Youth member, between the age of 16-24 years who self-identify as part of the Black community  1 Member of Council  2 representatives from local organizations, such as but not limited to, community and socially focused organizations, social services, professional associations, housing, healthcare and non-profit organizations, equity and human rights, academia/school boards and criminal justice system, whose work contributes to dismantling anti-Black racism. The Committee will request that the organizations select and prioritize Staff representatives who identify with the Black community but recognize this may not always be possible due to capacity and resources. 4.2. Committee functions, or tasks, can take place using voting members and volunteers, without creating a subcommittee or working group. Qualifications 4.3. Membership will be sought on the basis of broad interest, understanding, and commitment to identifying and addressing anti-Black racism in the Municipality. Additional qualifications include:  Citizen and Youth Members shall be residents of Clarington.  Skills, knowledge, and lived experience needed to contribute effectively to purpose, mandate and scope of activity for the ABRAC.  Specific expertise and interests related to Black business, culture, education, employment, health, heritage, and psychological and community safety, among other areas. Length of Term 4.4. Membership shall run concurrent with the term of Council (4 years) or until their successor is appointed. Remuneration 4.5. Members serve on a voluntary basis and do not receive any form of remuneration. Election of Members (Chair, Vice Chair, Treasurer, Secretary) 4.6. The Committee shall elect a Chair, and Vice Chair from among its voting membership. Members of Council and the Staff Liaison are not eligible to assume the position of Chair or Vice-Chair, except as Election Chair, as outlined in this Terms of Reference. 4.7. The positions are elected at the first meeting of the term. 4.8. Before the election of the Chair, either a Council member, or Clarington Staff, 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 Appendix A for the Election Process. 4.9. If any of the elected positions become vacant, another election will be held for that position. If the Vice-Chair becomes vacant, the Chair may appoint a member of the Committee as Interim Vice-Chair until a new Vice-Chair can be elected. The elections, when required, will be held at the next meeting of the Committee in accordance with the process set out in Appendix A. Staff Resources 4.10. The Office of the CAO shall provide clerical, administrative, and technical assistance, as deemed appropriate by the CAO or designate, to ensure the proper functioning of the Committee, which includes:  preparing and forwarding meeting materials to members;  preparing a summary of meeting minutes and Committee correspondence (including assistance in drafting);  professional advice on matters within the mandate of the Committee; and  assistance to the Committee in participating in events and activities related to its mandate. 4.11. Staff resources are provided only to assist the Committee in undertaking its mandate. Additional requests of Staff, such as original research or organization of events, shall be at the discretion of the CAO or designate and within Staff, time, and budget constraints. 5. Responsibilities and Obligations of Members General 5.1. A Member shall have the following duties:  to deliberate on, and execute, the purpose and mandate of the Committee;  to attend meetings and work activities;  to vote when a motion is put to a vote;  to read, understand, and respect the Procedures and Rules, including the Code of Conduct and Procurement By-law, and any guidelines for the Committee. Conduct of the Committee Members 5.2. The Chair, or a spokesperson/member appointed by the Committee, may speak on behalf of the Committee to Council or the public; Prior consultation with the Committee members on the topic of discussion is strongly encouraged. Other members shall not act, or speak, on behalf of the Committee without prior approval of the Committee. 5.3. The Chair may be requested to contribute to Municipal public statements about matters pertaining to anti-Black racism, by the Mayor who is the Chief Spokesperson for the Municipality of Clarington. 5.4. A Committee, or its members, shall not issue petitions, resolutions, or position papers on behalf of the Committee unless specifically authorized by Council resolution. 5.5. A Committee, and its members, shall also not act outside of the mandate and advisory capacity of the Committee. Should the Committee wish to comment on an issue that is within the mandate of another Council committee, the Chair shall consult with the responsible Staff Liaison(s) and the Chair of the other Committee. 5.6. The Committee, by resolution, shall have the right to censure members that, with the Committee’s agreeance, are misrepresenting the Committee and may request Council to remove that person from the Committee, by providing a brief explanation of the request within a recommendation of the Committee’s minutes (which may include closed session.) Absences 5.7. This section does not apply to a Committee member who is absent for 20 consecutive weeks or less if the absence is a result of the member’s pregnancy, the birth of the member’s child or the adoption of a child by the member. 5.8. Members unable to attend a Committee meeting shall notify the Staff Liaison at least 24 hours in advance. 5.9. If a member is absent for three consecutive meetings, the Committee, by resolution, may request that Council remove the Member, including a Member of Council, from the Committee. 5.10. Members unable to attend a meeting cannot send an alternate. Resignations 5.11. 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. 5.12. Council may appoint new members to a Committee to fill any vacancies, as required, in accordance with Clarington’s Boards / Committees Management Policy. Chair and Vice-Chair 5.13. It shall be the duty of the Chair to:  provide leadership to the Committee;  ensure that the Committee carries out its mandate;  act as the primary liaison between the Committee, Council, Clarington Staff and Members of the Public.  set the meeting dates and agendas items, with inpu t from Members, and the Staff Liaison;  provide information to Members on any matter relating to the business of the Committee;  open the meeting by taking the Chair and calling the members to order;  announce the business before the Committee and the order in which it is to be acted upon;  receive and submit, in the proper manner, all motions presented by the Members;  enforce the Rules of Procedure; and  adjourn the meeting when the business is concluded. 5.14. The Chair may eject any Committee Member, or member of the public, from a meeting if, in the opinion of the Chair, that person is being disruptive or disrespectful. 5.15. 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. Conflict of Interest 5.16. A conflict of interest may arise for Committee members when their personal or business interests’ conflict with the duties and decisions of the Committee. 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 Committee. A Committee 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. 6. Meetings Frequency, Location and Recording of Meetings 6.1. At the beginning of each year, the Committee will establish a meeting schedule and set the time and place for a minimum of 6 meetings per year. Special meetings may be held at the call of the Chair. Additional meetings may be required based on the work of the Committee. 6.2. Meetings will be held in-person, virtual, or hybrid. Committee members may participate electronically using Microsoft Teams or other approved platform. Committee meetings will be recorded and recordings are available by request to any member of the public, except if the recording is of any closed session portion of the meeting. Quorum 6.3. Quorum shall be a simple majority of the total number of currently appointed Committee 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 6.4. 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, a Land Acknowledgement Statement shall be read , at the beginning of each meeting, in accordance with the Land Acknowledgement Guidelines. Procedures and Rules 6.5. A Committee 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 Terms of Reference, and any other applicable policies and/or procedures. Recommendations 6.6. Recommendations and decisions reached by the Committee 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. Each voting member of the Committee has one vote. 6.7. Only recommendations and decisions that appear in the minutes of the Committee can be considered as officially representing the position of the Committee. 6.8. For Council to approve a recommendation from a Committee, 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 Committee meeting. 6.9. The Committee shall not forward comments or recommendations directly to other groups or agencies without the consent of Council. 6.10. See Appendix B for details on motions and amendments. Electronic Participation 6.11. A member of the Committee is permitted to participate electronically in a meeting, if the technology is available, and may be counted in determining whether, or not, a quorum of members is present at any point in time. 6.12. A Member may also participate electronically in a meeting that is closed to the public, if the meeting is properly held in closed session. See the Open and Closed Meetings section of these Terms of Reference. Public Participation and Delegations 6.13. All Committee meetings are open to the public. Members of the public are not permitted to participate in the Committee discussions but may appear as a delegation before the Committee. Delegations shall be for a maximum of 10 minutes. Those wishing to appear as a delegation at a Committee meeting must advise the Chair, Secretary, or Staff liaison a minimum of seven days before the meeting. Open Meetings 6.14. All Committee meetings must be open to the public unless discussing items noted below. 6.15. The Committee 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. 6.16. The following are reasons for a closed meeting of an advisory committee, in accordance with Section 239 (2), Municipal Act, 2001:  Security or property  Personal matters about an identifiable individual, including municipal and board employees  Proposed or pending acquisition or disposition of land by the municipality or local board  Labour relations or employee negotiations  Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board  Advice that is subject to solicitor-client privilege, including communications necessary for that purpose. 6.17. 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 Committee of either of them shall state by resolution:  The fact of the holding of the meeting; and  The general nature of the matter to be considered at the closed meeting. 6.18. Where a meeting, or part of a meeting, is closed to the public, the Committee shall request those persons not specifically invited to the closed meeting to vacate the meeting room in which the meeting is being held. 6.19. 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. 6.20. Minutes of the closed session shall be recorded and provided to the Clerk’s Office for distribution to Council at their next appropriate meeting. 7. Reporting and Communications Agendas 7.1. The Staff Liaison shall forward all agendas to the Municipal Clerk’s Office one week before the meeting and shall include the following:  Date, time, location, electronic participation details (where applicable);  Land Acknowledgement Statement;  Disclosure of Pecuniary Interest;  Presentations / Delegations  Adoption of Previous Minutes;  Items for Discussion; and  Adjournment. Minutes 7.2. The Committee shall report to Council by presenting the unapproved minutes immediately after the minutes are finalized by the Staff Liaison. Minutes do not wait to be adopted by the Committee first. The draft minutes of all Committee meetings shall be reviewed by the Staff Liaison/Chair and forwarded to the Municipal Clerk’s Office for inclusion on the next Council Agenda. 7.3. Any changes to the minutes at the next Committee 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. 7.4. Minutes shall include:  Date, time, location, and indication of whether electronic participation took place;  Members absent and present;  Land Acknowledgement Statement;  Disclosure of Pecuniary Interest;  Adoption of Previous Minutes;  Presentations / Delegations;  Items and Recommendations Discussed and voted on;  Date, time, and location of next meeting (where applicable/possible); and  Adjournment. 8. Annual Reports and Work Plan 8.1. ABRAC will submit the following to Council through the Committee reporting process:  A comprehensive work plan, aligned with the Committees Purpose, Mandate and Scope of Work, within the first three regular meetings of ABRAC. The plan will detail specific objectives and action items, subject to alteration as needed.  An annual report to Council, highlighting the accomplishments and impact of Committee activities and initiatives outlined in the annual work plan, as well as addressing any emerging anti-Black racism issues the committee has responded to. 8.2. Any budget requests by the Committee shall be provided to Staff in accordance with the municipalities budget timelines. 8.3. The responsible department shall oversee the Committee’s budget. 9. Purchasing/Procurement Policy 9.1. All expenditures must relate to matters directly within the mandate of the Committee. 9.2. All Committee expense information is considered to be public information and shall be made available upon request to the Municipal Clerk or Treasurer. 9.3. All purchases shall be in accordance with the Municipality’s Purchasing By-law and within the Committee’s approved budget. All expenses that exceed the Committee’s approved budget require Council approval. 10. Insurance 10.1. The Committee members are covered through the Municipality of Clarington’s insurance coverage for accidents and liability. 10.2. Coverage could be denied if Members were found not to be acting reasonably or were in the act of committing a crime. Appendix A Election Process Nominations – Accepting nominations, from the floor, for any position:  Nominator raises their hand to indicate they are going to nominate a member.  Does not need a seconder.  Nominees’ names are recorded in the minutes.  A person can nominate themselves.  A member can be nominated for more than one position but can only hold one position at a time.  A member may be nominated even if they are not in attendance.  Nominees do not have to leave the room during the vote. They can participate in the voting.  The Election Chair can continue presiding, even if they are one of the nominees for the office.  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.  Nominees can remove their name at any point during the process. 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  If there is only one nominee, that person is appointed.  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.  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 mad e by picking a name out of a hat. Appendix 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.  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.