HomeMy WebLinkAbout2016-07-05 Minutes
BOARD MEETING
July 5, 2016
Sarah Jane Williams Heritage Centre
62 Temperance Street Bowmanville, Ontario
Present: B. Seto M. Adams (ED) W. Woo S. Cooke
K. Warren S. Middleton S. Elhajjeh
Regrets: M. Morawetz O. Casimiro J. Sturdy (called 7:03)
1. Call to Order:
B. Seto called the meeting to order at 7:04 p.m.
2. Adoption of Agenda:
Moved by: S. Elhajjeh Seconded by: K. Warren
THAT: the agenda be accepted.
Addendum: B. Seto requested the addition of item on Labour Union.
Confirmed agreement with change in motion: S. Elhajjeh & K. Warren.
MOTION CARRIED
To illuminate Clarington and its heritage through lasting and meaningful experiences with artifacts, exhibitions
and programmes that inspires future generations and enlivens our community
Moved by: W. Woo Seconded by: S. Cooke
THAT: be added to the agenda routinely as item 11. “In Camera” providing
an opportunity at each board meeting as needed.
MOTION CARRIED
3. Disclosure of Interests:
No interests were disclosed.
4. Correspondence:
No correspondence was brought forward.
5. Announcements:
W. Woo gave an update on Camp 30/Jury Lands site as an agreement with the
developers has been passed by Council. The land including five of the historic
buildings will be acquired by the municipality after developers Kaitlin and
Fandor meet requirements including a cleanup of the property and providing
security on the buildings. They will also give the municipality $500,000 for
upkeep after the transition. The Jury Lands Foundation will be charged with
the task of sustaining the buildings and grounds afterwards. (See attachment
for Press Release from the Municipality).
6. Approval of Minutes:
Moved by: W. Woo Seconded by: S. Cooke
THAT: the Board meeting of June 8, 2016 minutes be approved as
submitted with the correction that J. Sturdy did not send regrets prior to the
meeting as stated.
MOTION CARRIED
7. Business Arising from Minutes:
None brought forward.
8. Executive Director’s Report:
M. Adams reported (as recorded by acting secretary K. Warren):
Attendance numbers are up for this year as compared to same time last year
Canada Day was very successful, although numbers were not as high as last
year due to the predicted rain for the day. The event ran much more
smoothly than last year and the municipality’s involvement was also much
more streamlined.
Gift shop sales were great during Canada Day and overall are more cost
effective than last year so financially there is more success this year
CMOG grant has been files and the audit from the municipality has come in
and been sent on to CMOG. They have notified receipt of that audit
Veterans Affairs $5000 grant reported previously has come in & is in the
bank account
Jen Stein is back from maternity leave
Manual ledgers have been digitized and are all backed up now. Some data
from 2012 was not uploaded correctly and needs to be redone
2000+ dolls are in the collection; 50% have come from outside Clarington
including 13 or 14 different multiple donations now part of this collection.
W. Woo inquired about partner events from last month including Doors Open
Clarington and the Racing Expo at Garnet B. Rickard arena during Rotary
Ribs N Brews. M. Adams reported that the museum did not participate in
Doors Open Clarington as planned. The display was to be focused on a plow in
the collection which turned out to be built at the Toronto Massey Factory rather
than in Newcastle. It was decided not to provide a display because a plow from
Newcastle was already on display. The museum provided access for Doors
Open members to do research for the event and a staff member to assist at the
Massey Building site for Doors Open on event day. The museum focused on
current displays at the museum and the Clarington Racing Expo. 2800 people
came through the Racing Expo; Rotary Club made money on its very successful
event. Canadian Tire Motorsport was at the expo and were quite impressed
with the museum display. Bowmanville Rotary event Chair, Kevin Anyan, and
other Rotarians reported thoroughly enjoying the display.
Moved by: K. Warren Seconded by: S. Elhajjeh
THAT: the Executive Director’s report be accepted as submitted.
MOTION CARRIED
9. Committee Reports:
a) Finance Report – B. Seto reported as O. Casimiro was absent. $16600 has
been spent out of the operating funds on new cabinets. Discussion followed on a
question of why this expense did not come out of Farr funds as expected. M.
Adams stated he has not yet allocated where the Farr funds will be used. S.
Cooke asked for a summary of the expenses from the Farr donation and for the
amount still available. Discussion diverged with no specific answer given. The
discussion was tabled and will be brought forward again at the next meeting.
Moved by: K. Warren Seconded by: S. Elhajjeh
THAT: the Finance Committee report be accepted as presented.
MOTION CARRIED
b) Collections Report – The doll collection has been examined and there are
over 2000 in the collection. The budget for collection management needs to be
set up to include money for a research section. Funds can be raised to
accommodate that. M. Adams mentioned that perhaps collections could be
absorbed by the curator and Executive Director instead of needing a committee.
Moved by: W. Woo Seconded by: S. Elhajjeh
THAT: the Collections Committee report be accepted as presented.
MOTION CARRIED
c) Membership Report – M. Adams reported that numbers are up over the
same time last year.
Moved by: S. Cooke Seconded by: K. Warren
THAT: the Membership Committee report be accepted as presented.
MOTION CARRIED
d) Facilities Report – The air conditioning at the Sarah Jane building is being
replaced due to noise and noise complaints by neighbours. The assessment done
showed above acceptable decibel levels. The boiler in the Bowmanville
Museum building is still to be replaced but will be done soon.
Moved by: S. Middleton Seconded by: K. Warren
THAT: the Facility Committee report be accepted as presented.
MOTION CARRIED
e) Municipal Heritage Committee Report – no report given.
10. New Business:
a) Expense & Travel Policy – B. Seto spoke to revisions that she drafted after
reviewing the draft of 4.5 Expense & Travel Policy dealing with reimbursements
distributed at the last meeting by M. Adams, and circulated them to board
members.
Discussion followed regarding what the CRA rate of mileage states & includes; board members agreed that the standard should be followed.
8:07 p.m. B. Seto relinquished chair to W. Woo to participate more fully in
motions regarding the revisions prepared.
S. Middleton offered that a possible way to handle remote display set up would
be to use some sort of fine arts truck for larger event transportation to offset
wear and tear on personal vehicles.
B. Seto stated she is not comfortable with the additional $1500 vehicle
maintenance per year addition included in the draft expense policy and CRA
does not specify one; maintenance is included in the CRA mileage calculation.
S. Elhajjeh stated at times the CRA rate recommendation even decreases after a
certain number of kilometers. S. Cooke suggested a budget line item be
included in future for rental vehicle expenses to allow for events when bigger
transportation issues, which should be evident in yearly plans, need to be
managed. K. Warren agreed the CRA rate should cover expenses and noted that
the CRA website states that anything paid beyond the CRA rate must be
reported as taxable income. W. Woo agreed that rental vehicles would be a
good strategy for handling larger event set up.
Moved by: B. Seto Seconded by: S. Cooke
THAT: the reimbursement rate for the 4.5 Expense & Travel Policy be set at
CRA recommendations and the additional $1500 allowance recommended be
removed from the policy. In addition, the presented 9 point “personal vehicle
use for business” become the standard instead of the draft verbiage “use of
employee owned automobile for business use”.
MOTION CARRIED
For Reference:
9 Point “Personal Vehicle Use for Business” as presented for approval:
1. It is the responsibility of the driver to ensure that adequate insurance is in place for the use of a
personal vehicle for a Museum related activity. Coverage should be equal to or greater than the
minimum specified in the Insurance Act. Drivers must satisfy themselves as to whether or not
their motor vehicle insurance coverage should include business use of their vehicle.
2. Personal vehicles are not covered by the Museum insurance policy.
3. The Museum will not reimburse for cost of business use coverage or collision and liability
coverage or any other costs associated with a personal vehicle, except for the car allowance
allocated on a per kilometer basis or gas usage based on receipts.
4. In the event of a claim, the owner of the vehicle will be required to approach his/her own
insurer for reimbursement of expenses.
5. All costs incurred as the result of a collision or other physical damage to a personal vehicle is
the responsibility of the driver and are not reimbursable. Such costs may include but are not
limited to: increases to premiums on driver's license, insurance costs and deductibles.
6. No reimbursement can be made for travel to and from an employee's residence and normal
place of business.
7. The standard is that a personally owned vehicle may be used for trips up to 500km in round
trip length. For longer trips a traveller may elect to use his or her own vehicle, but
reimbursement for kilometrage will be limited to the equivalent least expensive mode of
transportation to and from that destination.
8. All car expenses are covered by the CRA kilometrage rate including maintenance, repair,
towing and fuel cost. Additional charges for parking and highway tolls while on Museum
business are eligible expenses.
9. All parking, speeding and other traffic fines are ineligible expenses.
Moved by: S. Middleton Seconded by: K. Warren
THAT: the 9 point section for “Accommodation” provided by B. Seto replace
the draft accommodation section.
MOTION CARRIED
For Reference:
9 Point “Accommodation” as presented for approval:
1. Staff should use the most economical accommodation available (generally a standard
quality hotel room) that is convenient to the event being attended.
2. No reimbursement will be made for suites, executive floors, or concierge levels.
3. Staff is responsible for all room charges and must review the hotel bill carefully to ensure
charges are correct.
4. A detailed copy of the hotel bill must be attached to the expense report.
5. Staff will not be reimbursed for entertainment, valet, pay TV or movies, alcohol or special
facility charges (e.g. fitness clubs). Laundry provided at the hotel is only allowable for
reimbursement if the trip is longer than five or more days.
6. Long-distance business and personal calls are reimbursed, however discretion should be
used in the frequency and length. Reimbursement will be made for reasonable costs for
necessary personal calls home for each night away.
7. Standard tips and gratuities are reimbursable but must be documented on the expense
report.
8. Additional business expenses not otherwise covered will be reimbursed, such as computer
access charges, photocopying, word processing services, facsimile transmissions, provided the
charges incurred are reasonable and related to Museum business.
9. The Museum expects discretion to be applied with any expenses incurred and reserves the
right to limit reimbursement to reasonable costs.
Moved by: B. Seto Seconded by: S. Middleton
THAT: be added to the policy, “in cash advance” as suggested by B. Seto.
Cash Advances: (as new section) Cash advances are restricted and only issued for when travel
will extend longer than two days. In all cases, employees should use their corporate credit card
or if a corporate card is not available, use a personal card and claim reimbursement upon their
return. If there are exceptional circumstances warranting a cash advance for travel and non-
travel purposes, cash advance is limited to $100 per day and full accounting should be provided
within five business days.
MOTION CARRIED
Moved by: B. Seto Seconded by: K. Warren
THAT: be included in the existing automobile/vehicle rental portion of the
policy, the following “only the driver authorized by the rental agency may
operate the vehicle, & driver must adhere to all rules & regulations of the rental
agreement”.
MOTION CARRIED
Moved by: K. Warren Seconded by: B. Seto
THAT: be added to the “business meals” section of the policy, the 5 points
provided for discussion by B. Seto.
For Reference:
5 Points “Business Meals” as presented for approval:
1. It is the responsibility of the employee to ensure that there are approved funds available for
expenditure on hospitality and working meals. Actual costs may be claimed for meals on
Museum business related trips. Meals while attending a conference, seminar, workshop, or other
appropriate business purposes may be expensed using the CRA guidelines.
2. Expenses incurred in relation to the following events are considered to be personal in nature
and therefore not reimbursable: parties or meals for birthdays, weddings, births, showers, and
other similar occasions.
3. If travel is a regular part of the claimant's job, meals will not normally be reimbursed unless a
prior approval is obtained.
4. After-hours meals between two or more employees without a clear business purpose which
ordinarily could be conducted during normal working hours are not reimbursable.
5. Employees required to work in excess of two (2) hours past their normal quitting time or when
called in for more than two (2) hours, may claim meal expenses, with receipts, using the CRA
guidelines.
Please note that it is not permitted to claim meals when at a conference, seminar or workshop if the
fees include a meal component. Reasonable gratuity usually 15% will be reimbursed. Alcohol
cannot be claimed and will not be reimbursed as part of a business, travel or meal expenses.
MOTION CARRIED
Moved by: K. Warren Seconded by: B. Seto
THAT: be added to the hospitality section “Alcohol cannot be claimed and will
not be reimbursed as part of hospitality”.
MOTION CARRIED
Moved by: S. Cooke Seconded by: S. Middleton
THAT: strike the point in the draft policy “gifts section” regarding holiday gifts
for staff.
MOTION CARRIED
Moved by: K. Warren Seconded by: B. Seto
THAT: be removed entirely the section in draft policy for “alcoholic
beverages”.
MOTION CARRIED
Moved by: K. Warren Seconded by: B. Seto
THAT: to accept 4.5 Expense & Travel Policy for reimbursements as amended.
MOTION CARRIED
9:11 p.m. W. Woo returns command of the chair to B. Seto.
9:11 p.m. As per motion presented earlier in the meeting, a regular “In Camera”
session was held.
9:28 p.m. End “In Camera” session after discussion on a personnel issue.
b) Labour Union Update – M. Adams stated that union labour fees will be due
during summer hiatus and asked for direction.
Moved by: K. Warren Seconded by: W. Woo
THAT: M. Adams continue to use the services of Michael Smyth of Hicks
Morley Law Firm.
MOTION CARRIED
11. Date and Place of Next Board Meeting
To be determined as needed or to resume in September on Wed 14th as per usual
procedures. Location to be announced.
12. Adjournment:
K. Warren moved the meeting be adjourned at 9:35 p.m.
Minutes for the meeting of the Clarington Museums and Archives Board have
been accepted and approved on ____________________________________
_____________________________________ _______________________________________
Chair, Executive Director,
Clarington Museums and Archives Board Clarington Museums and Archives
SPECIAL MEETING OF THE BOARD:
UNIONIZATION UPDATE
July 27, 2016
Sarah Jane Williams Heritage Centre
62 Temperance Street Bowmanville, Ontario
Present: B. Seto M. Adams (ED) W. Woo S. Cooke
K. Warren S. Middleton
Regrets: M. Morawetz O. Casimiro J. Sturdy
Not Attending: S. Elhajjeh
1. Call to Order:
B. Seto called the meeting to order at 7:08 p.m.
2. Unionization Update:
M. Adams reported that the initial vote to unionize was held off site by staff.
The consulting lawyer stated this was common practice. A 40% vote in favour
is required to start moving forward with unionization and that was met.
Chronology: Wednesday, June 15 2016 before the scheduled following Monday
vote, M. Adams was notified that there was a 5 pm deadline for the same day, to
To illuminate Clarington and its heritage through lasting and meaningful experiences with artifacts, exhibitions
and programmes that inspires future generations and enlivens our community
fill out paperwork regarding the Museum’s side. Also noted by lawyer as a
common strategy.
M. Adams and the consulting lawyer, Michael S. Smyth of Hicks Morley
Hamilton Stewart Storie LLP, Toronto, met with the union facilitator in Toronto
to go over two points:
1) who is considered to be part of the management of the museum?
- determination: Curator is management along with Executive Director.
Programmer is less clear but the lawyer advised that this
position be given up to the union with the stipulation that the job description will
be reworked and may not always fall into that category (the lawyer has minutes
on this meeting)
2) what is the official name of the museum for paperwork reasons?
- determination: Clarington Museum & Archives
The process that has been followed has been accepted as the correct course by
the municipal HR department.
S. Cooke stated that the whole board, not just the executive, should be part of all
communication regarding the union from this point forward. Consensus.
B. Seto confirmed that the executive was notified promptly by M. Adams when
he received notification June 15, and stated that she thought it was appropriate
that a board meeting not be called until the vote of union certification took place.
It was noted that O. Casimiro had requested a meeting prior to the vote.
Chronology Continued: M. Adams continued to review timeline of all activity.
As noted, Wed June 15 he was notified and responded with an email to the
executive and with required paperwork prior to the 5 pm deadline that day. M.
Adams stated that he agreed with the discussion at this meeting that the whole
board should be part of the communications regarding the unionization
application and process, and in future would notify all board members along
with executive regarding this matter, but had proceeded June 15th as directed by
Chair, B. Seto.
Monday the vote took place as prescheduled.
Thursday at the regular staff meeting, M. Adams addressed what a union is in a
prepared statement of facts provided to him by the consulting lawyer. Board
members also received a copy of this communication by email (attached).
Next Steps: Process is to have a negotiation meeting at which time the union
can state what demands are being presented. Consulting lawyer advised M.
Adams that he needs a mandate from the board to set up the bargaining team.
No meeting date with the union has been determined at the time of this special
meeting of the board.
W. Woo presented a paper drawn up by the Municipality HR department in
consultation with the Municipality Solicitor.
Moved by: W. Woo Seconded by: S. Cooke
THAT: Municipal Staff and Legal Counsel, Hicks Morley, be requested to
meet with the Executive Director, and thereafter provide advice to the
Clarington Museum Board respecting the implications of the Union
Certification and the appropriate steps to be taken going forward; and
THAT: any documentation provided to the Museum Board respecting such
matters be provided to Municipal Council and the Municipal Clerk.
MOTION CARRIED 7:36 pm
W. Woo circulated the OLRB Certification Notice (OLRB Case No.: 0746-16-
R) (attached) that Council received but had not been informed about
beforehand by M. Adams, in an effort to point out that not everyone (board
members and members of Council) was apprised of the unionization. He
restated that we must be more proactive in making sure all of the board and the
municipality is informed at the same time on matters of this importance.
W. Woo, at the request of S. Cooke, checked the bylaws to see what positions on
the board also sit as the executive for the Museum Board. It was determined
that there needs to be 2 members from the board appointed to the executive at
this time, and also noted that vice chair is still to be elected and would also sit on
the executive.
Discussion followed on potential items of staff concern. B. Seto asked how
frequently staff meetings are held, and when discussions regarding maternity
leave coverage and expectations afterward were had. M. Adams stated that he
held a meeting with staff members before any duties were altered to help cover
tasks during maternity leaves, and that staff were aware that their hours and pay
would return to original rates after the maternity leaves were over. They were
also told that he would sit down with them again after the term, for discussions.
M. Adams reminded board members that any job description changes must be
approved by the board.
S. Middleton asked if part time staff have a benefit system in place or if anyone
working part time might have qualified for them due to number of hours
worked. His concern was if any were overlooked when or if benefits could have
been awarded. M. Adams stated that he has kept assignments within allowable
hours.
M. Adams requested that someone from Municipality HR be at the first meeting
with the union. All present agree.
Upcoming Meetings and Expectations of M. Adams and of Board Members:
1) M. Adams will meet with Municipality Solicitor & Legal Depart.
2) M. Adams will follow up with update to Board members.
3) A formal board meeting will be called to decide who will attend the
negotiation meeting with the union.
4) Union meeting will take place with M. Adams and determined team to hear
the demands.
M. Adams brought forward the bill for fees from the consulting lawyer thus far,
due end of August $5179.36. Rate is $515/hour with estimated total by end of
the process at $8000. M. Adams was directed to pay the current bill.
M. Adams will email the board the confidential email from the lawyer and the
Q&A sheet that he had drawn up for M. Adams to present to the staff at the
meeting held just prior to the vote. (both attached)
S. Middleton requested that the next “emergency” meeting be specified as
such rather than “special” so that all members of the board are aware of the
importance of attending if at all possible.
Motion to adjourn by K. Warren at 9:11 pm.
Minutes for the meeting of the Clarington Museum and Archives Board have been accepted and approved on accepted and
accepted and approved on _________________________________________
_____________________________________ _______________________________________
Chair, Executive Director,
Clarington Museums and Archives Board Clarington Museums and Archives